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PostPosted: Thu Oct 23, 2014 3:41 pm 
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Lonman wrote:
But that was kind of my point. Creating their own is even worse than just purchasing/downloading through a real source. They've been doing it for years with no impact to them and they even advertise the hell out of the fact. They aren't distributing or selling their creations, but I seriously doubt that they've paid any sync rights (I could be wrong but doubt it).


One karaoke hosting company using backing tracks they paid for, to make karaoke tracks for use only at their own shows, that they do not sell or give away for free - that should be pretty far off of anyone's radar. I actually have a certain amount of respect for what he is doing simply because he is doing it all on his own, is not stealing something someone else made and isn't diluting the market by giving away what he made. I respect that a lot more than some asshat that fires up a BitTorrent client or mIRC and outright steals the work of someone else.

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PostPosted: Thu Oct 23, 2014 7:24 pm 
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chrisavis wrote:
The fact remains that I do have a hard copy of my receipt that maps out to the file I have in my possession. I have proof of purchase for something I possess. That does matter.

And just because Florida isn't on board with the whole pot thing now, doesn't mean they won't be in a few years.

I hope you are right on this..'' we vote on amendment 2 medical marijuana in Nov and I hope 60%. Say yes....a recreational law would be better but step by step is good foe now

I am banking that the digital downloads I buy and use now will remain useful for the life of my business. If I am wrong, you get to say "I told you so". If I am right, I am just going to go about my business without gloating. Though I will likely smoke a joint in celebration.

In fact, both of these issues parallel each other quite nicely. I have been smoking pot since 1978. I have never made a big deal of it and not once have I ever been busted for it. I joined NORML 30 years ago and I have quietly supported marijuana reform. I am fortunate that I live in a progressive state (WA) where the citizens and the politicians have enough vision to have changed the laws around marijuana.

I feel comfortable that a similar kind of change will take place for karaoke music and digital downloads. And like I did with pot, I am already on board and enjoying the benefits that others are denying themselves. Except with karaoke music, they are denying themselves for no good reason. No one is prosecuting karaoke hosts for digital downloads. Absolutely no one.

As of yet that is true... the future remains unclear


So unlike your legitimate concern that a pot smoker in Florida could potentially go to prison merely for possession of marijuana, absolutely no one is being scrutinized for buying and download karaoke tracks. Absolutely no one.

Yet... but if you read the tricerasoft lawsuit it requires all tracks to be destroyed by kj's if they purchased from Tri and per the TOS with Tri could be required..'all the publishers would have to do is publish the demand and the sue kj's...only a few dozen high profile cases would be required in each area.... publishers have VERY deep pockets and like to make examples.


I will be thinking about this tonight when I smoke a doob before going to a karaoke show tonight where they have paid for digital downloads......

Party on....

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PostPosted: Fri Oct 24, 2014 1:57 am 
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chrisavis wrote:
Lonman wrote:
But that was kind of my point. Creating their own is even worse than just purchasing/downloading through a real source. They've been doing it for years with no impact to them and they even advertise the hell out of the fact. They aren't distributing or selling their creations, but I seriously doubt that they've paid any sync rights (I could be wrong but doubt it).


One karaoke hosting company using backing tracks they paid for, to make karaoke tracks for use only at their own shows, that they do not sell or give away for free - that should be pretty far off of anyone's radar. I actually have a certain amount of respect for what he is doing simply because he is doing it all on his own, is not stealing something someone else made and isn't diluting the market by giving away what he made. I respect that a lot more than some asshat that fires up a BitTorrent client or mIRC and outright steals the work of someone else.

why worry about this guy? SC, CB, PHM, among others did make tracks without paying the appropriate rights (obviously considering they were all sued for it...(i know i know...everyone but SC but was sued properly but SC was sued for no reason and paid everything every time) so why are we concerned about some person doing it for themselves?
plus, i paid for my tracks from an authorized dealer (for the karaoke tracks authorized by the karaoke manu) so if the appropriate fees were not paid, that is the problem of the manu, not me. i buy a DVD of Easy Rider and they did not pay Steppenwolf for the song Born To Be Wild, that is Columbia Pictures problem, not mine. THEY have to resolve the issue and I do not have to destroy my copy of the movie.

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PostPosted: Fri Oct 24, 2014 4:44 am 
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kjathena wrote:
Yet... but if you read the tricerasoft lawsuit it requires all tracks to be destroyed by kj's if they purchased from Tri and per the TOS with Tri could be required..'all the publishers would have to do is publish the demand and the sue kj's...only a few dozen high profile cases would be required in each area.... publishers have VERY deep pockets and like to make examples.


The Tricerasoft case will take years to resolve. Also, that case is about distribution, not about whether the tracks were licensed in the first place. The tracks were appropriately licensed and produced by SBI, ZOOM, Sunfly, etc. So anyone using them is using properly licensed material. The manner in which they obtained them is what is in question.

Finally, let's say that Tricerasoft loses and some sort of order is issued requiring all KJ's to delete the tracks they purchased from Tricerasoft. How would they enforce it? Sending notices to everyone won't accomplish anything. All any KJ has to do is say, oh, I bought the tracks through another site. The publishers aren't going to sue any KJ without issuing cease and desist letters first. They MIGHT sue someone that doesn't comply.

KJ's getting sued by publishers - possible, but highly improbable.

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PostPosted: Fri Oct 24, 2014 4:57 am 
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chrisavis wrote:
kjathena wrote:
Yet... but if you read the tricerasoft lawsuit it requires all tracks to be destroyed by kj's if they purchased from Tri and per the TOS with Tri could be required..'all the publishers would have to do is publish the demand and the sue kj's...only a few dozen high profile cases would be required in each area.... publishers have VERY deep pockets and like to make examples.


The Tricerasoft case will take years to resolve. Also, that case is about distribution, not about whether the tracks were licensed in the first place. The tracks were appropriately licensed and produced by SBI, ZOOM, Sunfly, etc. So anyone using them is using properly licensed material. The manner in which they obtained them is what is in question.

Finally, let's say that Tricerasoft loses and some sort of order is issued requiring all KJ's to delete the tracks they purchased from Tricerasoft. How would they enforce it? Sending notices to everyone won't accomplish anything. All any KJ has to do is say, oh, I bought the tracks through another site. The publishers aren't going to sue any KJ without issuing cease and desist letters first. They MIGHT sue someone that doesn't comply.

KJ's getting sued by publishers - possible, but highly improbable.
I think the FBI and Federal courts have way bigger battles to fight than illegal DL's!


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PostPosted: Fri Oct 24, 2014 6:55 am 
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Most of you post is spot on.... with the exception of the tracks being properly licensed...... the tracks ARE NOT licensed in the USA and Canada......PRS specifically excludes licensing in those countries. The greatest majority of downloads sites do state somewhere (maybe well hidden so you may have to dig)Not for use in USA or Canada... Tri was the only company that kept insisting they were legal.

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PostPosted: Fri Oct 24, 2014 7:50 am 
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Everything I bought on download from Tricerasoft (aka Selectkaraoke), I also paid for a corresponding custom disc with the same tracks. I'm not destroying anything.
Only downloads I have without a custom backup are from Karaoke-Version.

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PostPosted: Fri Oct 24, 2014 9:05 am 
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kjathena wrote:
Most of you post is spot on.... with the exception of the tracks being properly licensed...... the tracks ARE NOT licensed in the USA and Canada......PRS specifically excludes licensing in those countries.[/color] The greatest majority of downloads sites do state somewhere (maybe well hidden so you may have to dig)Not for use in USA or Canada... Tri was the only company that kept insisting they were legal.


Maybe so but when I purchase a download I know everyone down the line got their piece of the pie.


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PostPosted: Fri Oct 24, 2014 1:34 pm 
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kjathena wrote:
Most of you post is spot on.... with the exception of the tracks being properly licensed...... the tracks ARE NOT licensed in the USA and Canada......PRS specifically excludes licensing in those countries. The greatest majority of downloads sites do state somewhere (maybe well hidden so you may have to dig)Not for use in USA or Canada... Tri was the only company that kept insisting they were legal.



Loopholes abound. Since the content *is* licensed in the UK, all anyone has to do is say they downloaded it to a machine in the UK then it was transported here. There is no way that anyone can prove that did not happen.

Maybe Tricerasoft should change what they are charging for. Instead of charging for a track, charge a convenience fee for packaging and transport.

Local pot delivery services do that. They don't charge you for the pot, they charge you for the delivery of a package containing pot.

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PostPosted: Sat Oct 25, 2014 1:58 pm 
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Lonman wrote:
The contract through BMI specifically has a karaoke inclusion if the club checks it. I would assume the others have similar additions as well - never really checked. But it would be pretty naive on the PRO's to add the inclusion and not expect the graphics to accompany since karaoke has had video/graphics since the mid to late 80's. But I did talk with a couple reps via BMI a few years back and they said as long as the club has checked the karaoke box (paying for the extra cost) the graphics aren't an issue. No I never documented or recorded the call, so that is all hearsay. You can call and check personally.


No need to check BMI for me, Lon. I know there is an inclusion, and know the rates. What I meant was whether a karaoke inclusion was ENOUGH for for liability coveràge. In other words, while it is neccesary, is the liability protection completely comprehensive?

This question is in regard to ANY type of show, whether disc, PC shifted, or download.

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PostPosted: Sat Oct 25, 2014 3:19 pm 
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JoeChartreuse wrote:

No need to check BMI for me, Lon. I know there is an inclusion, and know the rates. What I meant was whether a karaoke inclusion was ENOUGH for liability coverage. In other words, while it is necessary, is the liability protection completely comprehensive?

This question is in regard to ANY type of show, whether disc, PC shifted, or download.
Well, as you are aware, you can not pay those fees to BMI, ASCAP, and SESAC (unless you are doing something like independently renting space at some Fairgrounds to run Karaoke on your own). Only Venues can pay those fees.


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PostPosted: Tue Oct 28, 2014 1:07 pm 
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So the answer is that no one knows if the PRO fees are lyric comprehensive. I suspect that they are not, and that this will be the stick point if the publishers/owners wish to make any major changes to the karaoke industry in the not to distant future. I am keeping in mind that I believe that these organizations rep the artists' interests, not neccesarily the publishers / owners'.

If Jim can confirm or deny my suspicions I would appreciate it.

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PostPosted: Tue Oct 28, 2014 1:26 pm 
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JoeChartreuse wrote:
So the answer is that no one knows if the PRO fees are lyric comprehensive. I suspect that they are not, and that this will be the stick point if the publishers/owners wish to make any major changes to the karaoke industry in the not to distant future. I am keeping in mind that I believe that these organizations rep the artists' interests, not neccesarily the publishers / owners'.

If Jim can confirm or deny my suspicions I would appreciate it.

Again I was told twice by BMI reps that the displayed lyrics were covered under the karaoke inclusion provided the club checked it and are paying for it. Again, did not record or document the calls, so you would need to check for yourself.

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PostPosted: Tue Oct 28, 2014 2:52 pm 
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JoeChartreuse wrote:
So the answer is that no one knows if the PRO fees are lyric comprehensive. I suspect that they are not, and that this will be the stick point if the publishers/owners wish to make any major changes to the karaoke industry in the not to distant future. I am keeping in mind that I believe that these organizations rep the artists' interests, not neccesarily the publishers / owners'.

If Jim can confirm or deny my suspicions I would appreciate it.


The PROs (ASCAP, BMI, and SESAC) represent the interests of the owners of the composition copyright.

They do not represent the interests of the "artists," as that term refers to the individuals who own the copyright in the sound recording.

Of course, there can be an overlap between the two, because the same person may own both copyrights, but even in that instance, it is only the composition copyright that matters to the PROs.

The distinction is important because, with a very limited exception that does not apply here, there is no independent right to control the public performance of a sound recording.

Radio stations, DJs, etc. can blast sound recordings all day and all night and they owe nothing to the "artist"--the owner of the sound recording copyright.

Karaoke is a special case because of the synchronized display of the lyrics. According to case law--which I believe was wrongly decided, but they didn't consult me--the lyric display makes a karaoke track an "audiovisual work," not a sound recording. There is a public performance right in audiovisual works, owned by the "artist"--the karaoke producer.

At a minimum, those rights are not accounted for by the PROs.

As to the composition copyright, however, I know that the PROs include a "checkoff" license for karaoke in their standard agreements. In other words, if your venue has karaoke, they are supposed to indicate that on the license form, and it's factored into the royalty rate. I do not believe that any composition copyright owner who uses a PRO as its agent could legitimately sue an operator on the basis of playing karaoke tracks, including the lyric displays, as long as the PRO fees were properly documented and paid. I am not aware of any publisher that has tried to sue on that basis, so this is just my opinion based on my understanding of the intersection of copyright law and contract law.

I hope that clears it up, but you should also understand that a court confronted with the question could find a way to disagree with my opinion.


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PostPosted: Wed Oct 29, 2014 12:10 am 
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Ah. Jim, you understood my question, and I do appreciate your reply.

" At a minimum those rights are not accounted for by the PROs."

As previously stated, this could possibly be a sticking point later ( whether such cases are soft or not- venues don't like waves) , over which we Karaoke Hosts have no control. While no one has shown any interest in going down this road YET, I have been shiwn that would COULD happen just may do so. Gonna be fun to find out.

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PostPosted: Wed Oct 29, 2014 5:15 am 
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JoeChartreuse wrote:
Ah. Jim, you understood my question, and I do appreciate your reply.

" At a minimum those rights are not accounted for by the PROs."

As previously stated, this could possibly be a sticking point later ( whether such cases are soft or not- venues don't like waves) , over which we Karaoke Hosts have no control. While no one has shown any interest in going down this road YET, I have been shiwn that would COULD happen just may do so. Gonna be fun to find out.
Joe, we don't need any more problems wished upon us in our struggling industry. Please don't try to open any more doors of opportunity for lawsuits. Someone (maybe you) blamed kjathena for opening the door by calling any and all (dead or alive) manufacturers about the need for approval to media shift. Your obsession to see what the next doom and gloom to come down the pike is very disturbing. This type of talk is of zero good for what used to be a great business to be in.


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PostPosted: Wed Oct 29, 2014 9:36 am 
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I was the one that called out Athena and others on that.

I believe we should let sleeping dogs lie in that regard as well as the whole PRO fees area regarding display of lyrics, etc.

That said, the moment I see Sony, and the rest of the big dogs engage with ANYONE in conversations about how to streamline things for the music industry and karaoke in particular, I will do everything I can to help out.

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PostPosted: Thu Oct 30, 2014 2:25 am 
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JoeChartreuse wrote:
Ah. Jim, you understood my question, and I do appreciate your reply.

" At a minimum those rights are not accounted for by the PROs."

As previously stated, this could possibly be a sticking point later ( whether such cases are soft or not- venues don't like waves) , over which we Karaoke Hosts have no control. While no one has shown any interest in going down this road YET, I have been shiwn that would COULD happen just may do so. Gonna be fun to find out.

are you trying to get karaoke banned completely? it sure seems that way the way you keep poking

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PostPosted: Thu Oct 30, 2014 11:55 am 
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Mr. Maraog and Paradigm;

I am only trying to learn. The way to run a successful business is to gather as much information as possible about it- not hide one's head in the sand and hope there is no bad news. I needed that information, whether anyone else does or not. I then simply explained why I had asked.


I asked HERE because I DON'T plan on opening doors for the giants, and don't have any evidence that they follow this forum. Jim answered my question and I am satisfied to let the subject drop now. However, I think that anyone who deliberately hides from new knowledge is foolish, and doomed to stagnate at the very last.

Question answered, let it go.

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PostPosted: Wed Jan 07, 2015 8:55 pm 
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Just curious if anyone wants to try this - Go to a Tim Horton's, use their wifi, and download tricerasoft tracks. (They use a Canadian I.P.) Not sure if it will work, but if it thinks you are in Canada when you log into tricerasoft, maybe it will be a workaround.


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