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PostPosted: Tue Mar 22, 2011 2:19 pm 
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Paradigm Karaoke wrote:
rumbolt wrote:
Paradigm Karaoke @ Sat Mar 05, 2011 5:24 am wrote:
i could have sworn they said that the CB downloads were good for use in shows. maybe on another board......does this sound right to anyone else or am i getting some bad crack?


Yep! Bad Crack. CB's downloads were never intended for commercial use and when they offered then there was a notice on their site explaining that.

Step away from the pipe :)

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Re: Mr. Grimes? Can you answer questions about new CB SD?
Posted: Fri Oct 22, 2010 5:49 am
Lonman @ Thu Oct 21, 2010 3:10 pm wrote:
Chartbuster Karaoke @ Thu Oct 21, 2010 2:33 pm wrote:
Lone Wolf @ Thu Oct 21, 2010 9:14 am wrote:


Are you saying that you can NOT use your digital downloads at a show?
I thought that as long as it was played from the HD that it was originally downloaded to it was ok.


Not at all, and it's fine. Those downloads are registered directly to you and you alone, so there's no question of ownership.

Question - I can only download at home, no internet reliable enough at the show. With this question Lone Wolf brought up about having to be on the computer it was downloaded on only? Or would I be able to download & transfer the file to my show computer?


There's no question of who owns that digital download, and you're allowed a backup.

But I'm curious: if you wanted, why couldn't you bring the show computer home for downloading?
--------------------------------------------------------------------------------------------------------------------------------------------------------
i knew i saw it, right here in this forum as well. in no uncertain terms, Chartbuster downloads were ok for Show use.
in a nother thread i think it was Lonman who was discussing the problem of only using original hd it was downloaded to as his install was permanent and not going online with it.

Author: Chartbuster Karaoke [ Wed Jun 02, 2010 3:03 pm ]
Post subject: Re: Are Chartbuster Downloads legal to use in a Karaoke Show?
Apologies for taking so long to reply - and thanks to leopard lizard for starting the thread as requested.

From our website: "You are allowed to make a single copy of your Chartbuster Karaoke discs for archive purposes only. Please note that this does not entitle you to use those backed-up tracks for any other purpose than as a back-up, including playing, sharing, distribution or performance.

"Karaoke shows that use tracks stored to a hard disk drive are doing so in violation of the Chartbuster Karaoke license printed on the original disc. Unless the tracks were purchased as digital downloads and are being played from the original disk onto which they were downloaded, the operator is in violation of the license."

You will note that for the purposes of a track that is ripped from a disc, only the disc is authorized for use in a Karaoke Show setting, and not the ripped track.

When you purchase a digital download from our online store, you are given a receipt from that transaction. It is the only record you will have that you legally obtained the track, since no physical disc accompanies the purchase.

If you have a digital download, have your receipts, and are performing a karaoke show, as long as your other licenses are in order, you are authorized to use a Chartbuster Karaoke track purchased in this fashion in your show.
This does not confer any other license to you - you must still conform to applicable copyright and performance rights laws, along with any other restriction(s) that may apply. It only expressly means that the use of the Chartbuster Karaoke rendition is authorized by Chartbuster Karaoke, and no other licenses, explicit or implicit, are conferred.

In addition, you should note that in cases of this nature, the courts have yet to determine what distinguishes a back-up copy from an original. Bear in mind that there is no distinguishing feature that can tell any two digital copies apart, other than the media on which they reside. In order to hew as closely as possible to what we believe to be the letter and the spirit of the law, we believe that it is important that the purchaser only download tracks directly to the hard disk drive from which it will be drawn during performance. We don't know how this will eventually shake out in the courts, but until a precedent has been set, this is what we recommend. It may or may not save your entrepreneurial backside later down the road, but it might provide some protection.

Does this mean that the publishers won't come after you for using a digital download in a show? Well, we don't know, and I don't think anyone else does at this point either. They might decide they have bigger fish to fry, even if they think you are infringing. Or they might smell money and land on you with both feet. It's anybody's guess.

Please also note that we make karaoke, not law. We do our best to give you the viewpoint and perspective from where we are sitting. Do not construe any of this to be legal advice - when in doubt, ask your lawyer.

Is this unambiguous enough for the forum?

------------------------------------------------------------------------------------------------------------------------------------------------------------
and to clarify, this is not directed at Rumbolt, or for "haha i was right" this is just affirmation that i am not smoking bad crack......only the top line stuff for me. :lol: :shock:



If I be wrong, I be wrong.

I have had several conversations with Mr. Grimes and my conclusions were that their downloads were only intended for non-commercial use or home use.

I am going to do a follow-up with Chartbuster so I get their "offical" position and I will relate it back to this forum.

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PostPosted: Wed Mar 23, 2011 9:19 am 
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rumbolt wrote:


If I be wrong, I be wrong.

I have had several conversations with Mr. Grimes and my conclusions were that their downloads were only intended for non-commercial use or home use.

I am going to do a follow-up with Chartbuster so I get their "offical" position and I will relate it back to this forum.


Good luck rumbolt, I did contact Chartbuster and got an email from Debi telling me that she would have Lori Casteel contact me with the info. Lori finally did contact me and what she told me was confusing and I can not post it here due to a confidentially agreement posted at the end of her email but said that if others had questions about it to contact Chartbuster so for those that want an answer email her at LCasteel@bigmama.tv and ask away.

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PostPosted: Wed Mar 23, 2011 9:31 am 
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Why would they need to keep that info private and under NDA? Seems like something they should be posting publicly.

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Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Wed Mar 23, 2011 11:50 am 
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Lone Wolf wrote:
rumbolt wrote:


If I be wrong, I be wrong.

I have had several conversations with Mr. Grimes and my conclusions were that their downloads were only intended for non-commercial use or home use.

I am going to do a follow-up with Chartbuster so I get their "offical" position and I will relate it back to this forum.


Good luck rumbolt, I did contact Chartbuster and got an email from Debi telling me that she would have Lori Casteel contact me with the info. Lori finally did contact me and what she told me was confusing and I can not post it here due to a confidentially agreement posted at the end of her email but said that if others had questions about it to contact Chartbuster so for those that want an answer email her at LCasteel@bigmama.tv and ask away.



As of about 5 munites ago, I spoke with David Grimes at Chartbusters and was informed that downloads available on their website are for "home use only". Period, Period, Period. They are in the process of getting that information up on their website to prevent any confusion.

At one time they did allow downloads for commercial, as shown on that email you reprinted but downloads for commercial were short lived.

Hope this information helps everyone and pass it on to anyone that is looking to download Chartbuster product.

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PostPosted: Wed Mar 23, 2011 1:57 pm 
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wonder why the change. if they were good for commercial use before, then it CAN be done, what changed that it could NOT be done anymore? that was a post form this very forum by Mr. Grimes. i am not trying to point fingers at anyone, i really want to know what they had set up and who took it away from them.

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PostPosted: Wed Mar 23, 2011 2:23 pm 
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Paradigm Karaoke wrote:
wonder why the change. if they were good for commercial use before, then it CAN be done, what changed that it could NOT be done anymore? that was a post form this very forum by Mr. Grimes. i am not trying to point fingers at anyone, i really want to know what they had set up and who took it away from them.



It might be that they .........ummmmm.......... I really don't know why they stopped allowing them. Possible due to the lawsuits happining right now but might i suggest that you call David Grimes directly to get the answer specific to your question. Here is their local number 865-577-6000 and you can get their toll free # off their site

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PostPosted: Thu Mar 24, 2011 5:14 am 
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rumbolt wrote:
As of about 5 munites ago, I spoke with David Grimes at Chartbusters and was informed that downloads available on their website are for "home use only". Period, Period, Period. They are in the process of getting that information up on their website to prevent any confusion.


Yes. BUT. Do you think Chartbuster will go after and sue those KJ's who have legitimately purchased downloaded tracks from them and used them in a show?

Personally, I don't think they will and believe this is required legalese due to their licensing agreements. Let's face it. They want the pirates stealing their music, not those who are legitimately buying their products. Just my opinion, but it doesn't matter as I buy SD's from CB anyway.


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PostPosted: Thu Mar 24, 2011 7:11 am 
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Well I guess that clears that up, and I guess I won't be buying any of their downloads. To bad as there are some obscure songs there that I would like to have but don't need to buy the whole disk and a custom disc just costs to much to worry about. I hope they change their minds in the future or they will just be using up HD space for no good reason.

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PostPosted: Fri Mar 25, 2011 2:30 pm 
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Lone Wolf wrote:
Well I guess that clears that up, and I guess I won't be buying any of their downloads. To bad as there are some obscure songs there that I would like to have but don't need to buy the whole disk and a custom disc just costs to much to worry about. I hope they change their minds in the future or they will just be using up HD space for no good reason.



I agree you won't be buying any more downloads from them because they are no longer offering any at this time!


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PostPosted: Fri Mar 25, 2011 3:33 pm 
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Virgin Karaoke wrote:
I agree you won't be buying any more downloads from them because they are no longer offering any at this time!


Wrong again Sparky.


http://www.chartbusterkaraoke.com/other ... es-sd.html


At least you are consistent...


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PostPosted: Fri Mar 25, 2011 3:37 pm 
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Singyoassoff wrote:
Virgin Karaoke wrote:
I agree you won't be buying any more downloads from them because they are no longer offering any at this time!


Wrong again Sparky.


http://www.chartbusterkaraoke.com/other ... es-sd.html


At least you are consistent...



Cool so they have put the download links back on! They weren't there last week!


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PostPosted: Fri Mar 25, 2011 3:52 pm 
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Chartbuster needs to separate the downloadable tracks into their own category so that you can browse only tracks available for download.

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PostPosted: Fri Mar 25, 2011 3:59 pm 
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MtnKaraoke wrote:
Chartbuster needs to separate the downloadable tracks into their own category so that you can browse only tracks available for download.


What good would that do? Why would I buy downloads from CB one week when they are "legal" for commercial use when the next week CB may change their mind again? I'd rather buy from Karaoke.cc or Tricerasoft. They don't seem to flippity-flop on the issue like CB.


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PostPosted: Fri Mar 25, 2011 7:16 pm 
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DOWNLOADS ARE NOT LEGAL FOR ANYTHING BUT HOME USE PERIOD.......maybe if I yell it will get heard by the hard of hearing

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PostPosted: Fri Mar 25, 2011 7:27 pm 
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Athena,

This is part of the mess that needs cleaning up. You talk to the folks at Zoom? Sunfly? Ever talk to Gai Marcos of Tricerasoft?

You talk to any of the companies selling import karaoke downloads, and they would strongly disagree with your statement.

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Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Fri Mar 25, 2011 8:39 pm 
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problem is as of Jan 1 2011...all import karaoke is illegal for sale in USA......zoom Tricerasoft ect all illegal
regardless of what they say...they are trying to make $$$$ but the law is the law...no imports allowed in USA...on disc or import...read the law that was passed....not legal.
We may not like it but true is true

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PostPosted: Fri Mar 25, 2011 8:51 pm 
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kjathena wrote:
DOWNLOADS ARE NOT LEGAL FOR ANYTHING BUT HOME USE PERIOD.......maybe if I yell it will get heard by the hard of hearing


While you are screaming... Please tell me who exactly (besides the person due the sync licensing) could possibly have standing to bring suit against me for playing a file i have paid for and downloaded from Karaoke.cc or tricerasoft in a commercial setting.

Please tell me how that downloaded file is any different than a sunfly, zoom, or sound choice gem series disc? or a sound choice custom disc from down under? They have all paid European mechanical licencing. NONE of them have paid the sync license.

I'm no more worried about Don Henley coming to sue me for playing my 8125 than i am him coming to sue me for playing a zoom download of the eagles. The sync license wasn't paid in either case.

In the meantime, scream all you like. I'm half deaf anyway.


Last edited by Singyoassoff on Fri Mar 25, 2011 8:57 pm, edited 1 time in total.

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PostPosted: Fri Mar 25, 2011 8:52 pm 
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"Use" permission comes from the creator of the master - in karaoke the owner IS the MANUFACTURER (YES, both the audio and lyrics - "SYNC" is not a KJs business). If the manufacturer gives you permission to use the content as a KJ AND Home then you are alright and it is factored in the price of the track (you either charge a one time fee or a royalty over years - very minor fee). Our manufacturers know and allow us to sell to KJs, and allow you to use the content AS KJs - No argument here. Not sure, CALL THEM (contact info publicly listed on their website)!!!! Ask "I am a KJ, can I use your songs as a KJ?", NOT COMMERCIAL!!!. This is for the MASTER track (audio AND lyrics), doesn't matter if it is Disc, Download, SD Card, etc., we ofcourse choose to sell Downloads. Our manufacturers will not make you thing about this idiotic "USE" question because they are not coming after you for using it for what it was sold for - A KJ!

This has NOTHING to do with licensing - we cover you for licensing (copyirght), the format type (permanent downloads), and pay the manufacturer to give you permission for use of ONE copy of the song. YES we pay ALL our licensing - with us that is **NEVER** your concern. You will never have our manufacturers go after you nor the publishers for not paying licensing (regardelss of your territory - SO EVERYONE STOP BS'ING ABOUT NO USA LICENSING - we cover most of the world). We work with way too many reps in the industry that know us and have vouched for us, we are members of these associations and in contact with publishers and pay them MONEY from our pockets to cover us and you for the content WE supply. Even big artists are aware of our name (an honour to say the least). YES, there are some really nasty download sites that have pissed on the industry and are VERY illegal - you ALL know who they are (don't second think this one). If you see an MP3+G for less than a dollar, 1. NOT LEGAL (minimum 15 cents per track copyright), 2. NO PERMISSION FROM MANUFACTURER (they LOVE!!! their royalty), and 3. TRANSACTION FEES (atleast 10 cents) would cause them to go into negative. Do not be veiled by BS terms and conditions, call the copyright association (what they claim to be part of) or manufacturer that "provides" them content (NOT the competitors!!) to confirm legitimacy.

KJs don't use karaoke for commercial use!!! You do not resell, modify, advertise, promote, use it in film, tranfer, or reproduce. I should note you are NOT ALLOWED TO SHARE (free OR for money - that IS ILLEGAL commercial and piracy). You are NOT ALLOWED to make 50 copies of the song, but you are allowed a backup as long as it remains in your possession and not used other than for recovery (I'm referring to download ONLY). If you record their backtracks you need permission, each manufacrturer sells a special FLAT FEE license per song for doing anything you want with the music backtrack or "MASTER" audio track (NO, this is NOT related to lyrics so please no smart bum reply about sync or something similar). "SHIFTING" as you call it (ripping as we call it), is AGAIN a permission, most allow it because you can't use the discs other than to sit on them otherwise - if they are not interested in becoming part of the digital era then you make your own decision here. From us you get it in DIGITAL for DIGITAL, no guess work.

NOTE: selling you the same song in MP3+G format AGAIN for twice the price doesn't change it's permission! You either say the tracks are for home use ONLY or includes KJs OR increase the price in the first place so you feel better about the permission. If a manufacturer "decides" that their content is for private use only then it is their word against yours (I'll leave it to you to guess who wins that argument) - doesn't matter if you are allowed to convert it or not, doesn't matter what type or media they are.

They are currently standing by their "private" policy because they want to sue the morons that resell copies of their content and use pirated versions - that part I actually agree with, this causes any industry harm. However in the interim they are bad mouthing everyone else and making everyone, including their own market of KJ customers ALL illegal holding their content so they can fear them into audits. Understand that in the USA you never own the "songs" on the discs you buy, you are actually licensing them perpetualy so if they want to recall them legally you are entitled to return them. And unfortunately in the USA anyone can sue anyone without rhyme or reason "just because", if they make a good argument they win either way the lawyers win.

To complete the licensing circle - *Remember* that when the VENUE OWNER makes money from patrons sitting and listening to you perform the music, they MUST pay their karaoke entertainment license (again nothing to do with you - in the USA ASCAP and BMI cover this). This is so the Artist makes the cut on the artistic creation or "performance" (you already paid the manufacturer for the USE as a KJ of the song in the price of the track). Support the industry, have your venue owner so the right thing.

And if you are not exactly sure that they are fear mongering you to believe only them, look at this quote from them on this thread "Apologies for taking so long to reply - and thanks to leopard lizard for starting the thread as requested.". No one is confuused, they want you to think people are confused.


Last edited by TriceraSoft1 on Fri Mar 25, 2011 9:25 pm, edited 1 time in total.

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PostPosted: Fri Mar 25, 2011 9:03 pm 
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Shirly you're joking right Athena? Karaoke has contributed very little to PAC, candidate campaigns, or lobbying groups. The likelyhood that any lawmaker has written any karaoke centric law that would nullify any and all trade agreements (nafta for one) is entirely perposterous.

Canada is a part of many trade agreements with the US. It would take a specific, act of congress to change this, which may in turn upset the political balance between our nations.

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Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Fri Mar 25, 2011 9:19 pm 
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Side note for DJs, NOT KJs, but will make you put things in perspective. When you buy a regular audio disc from Walmart (for example) the music MASTER is owned by the LABEL (these are NOT reproductions created by another manufacturer). The Labels give you only permission for the home because they are selling it in Walmart. DJs do not have permission to use them as 'DJs' from the Label! Believe it! In Canada we have an agency that solved this called AVLA - Labels are members of AVLA. They provide licenses called a "Disc License" and a "Hard-Drive License". A Disc license gives you permission to use the discs to DJs (NOT COMMECIAL!!). A Hard Drive license gives you permission to convert the discs to hard-drive and fill one hard-drive with as many songs as they fit (what you all call 1:1). PRICE is, wait for it.... approx. $100 per year per hard-drive. And you get these licenses from the DJ associations (i.e. CDJA). They pay the Labels to give you permission. The price per song is approx $0.0005 - around 1.25 cents for 25 years per song. IN KARAOKE, you pay the owner AHEAD and trust me the 1.25 is MUCH MORE than covered in the royalty.

There are services that also provide you for "promotional use", again this is not exactly for DJs but is used as a gray area to cover anything but "private" use (in other words for "DJS"!) - so understand that the karaoke is licensed better than regular audio discs and the price point more-than covers anyones USE concern.


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