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PostPosted: Mon Jan 03, 2011 5:08 pm 
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DannyG2006 @ Mon Jan 03, 2011 7:58 pm wrote:
Nigel got by the first suit because they didn't have his correct info before filing the first suit. In between he bought up all the SC discs he could find to try and pass an audit. They got his info from a dealer that knew he was named and turned his mailing info and name into SC.


Have you confirmed that by anyone but Kurt? Even though that sounds like Nigel's "modus operandi" no one around Richmond will confirm or deny your allegation.

Go ask Loneavenger.

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PostPosted: Mon Jan 03, 2011 5:24 pm 
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Moonrider @ Mon Jan 03, 2011 8:08 pm wrote:
DannyG2006 @ Mon Jan 03, 2011 7:58 pm wrote:
Nigel got by the first suit because they didn't have his correct info before filing the first suit. In between he bought up all the SC discs he could find to try and pass an audit. They got his info from a dealer that knew he was named and turned his mailing info and name into SC.


Have you confirmed that by anyone but Kurt? Even though that sounds like Nigel's "modus operandi" no one around Richmond will confirm or deny your allegation.

Go ask Loneavenger.


Confirmed by Thunder, LoneAvenger etc.

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PostPosted: Wed Jan 05, 2011 11:19 am 
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Dr Fred @ Mon Jan 03, 2011 12:59 pm wrote:
What people are refusing to see is that SC is convinced that nearly all KJs are guilty and they must pay. People are settling or agreeing to audits because they realize that if they do not their legal costs will be high even if they are innocent of any song piracy.

Sound choice is using their legal team to force people to buy thier product, knowing that their product costs less than the likely cost of getting a decent lawyer.

There are lots of things a business can do that are within their legal rights, but just because something is legally allowed does not make it good business sense.


Oke doky?

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PostPosted: Tue Jan 11, 2011 6:31 am 
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timberlea @ Mon Jan 03, 2011 12:38 am wrote:
I've said that before. Beethoven's Fifth Symphany is public domain and anyone can use it. However, if the London Philharmonic or any other person makes a recording of it, that recording is protected. If a director of a film wants to use that rendition, then they have to pay for it. Another example would be a Disney version of a Brothers Grimms tale such as Rapunsel or Cinderella. Though those stories are in the public domain, one cannot use the Disney version without permission, exemption from the Copyright Act notwithstanding. Use Disney's version without permission and see how fast they will act.


The problem is that for PUBLIC PERFORMANCE of copyright material, the cover artist does not recieve royalties from ASCAP/BMI so I assume the royalties/copyright for PUBLIC PERFORMANCE all go to the original artist (if under CR). Yes the cover band has rights for the version, but unless that verision is different enough artistically (in the eyes of a court) it is not going to be considered a different song for that royalty path of Commercial Use. Cover bands have to pay ASCAP/BMI for their commercial use of songs(through the venue), but do not get paid anything from ASCAP/BMI for the songs unless they are substantially changed.


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PostPosted: Tue Jan 11, 2011 12:08 pm 
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You seem to be mistaking copyright license for performance license.
A cover band does not have to pay to play, this is the venues responsibility - performance (ie ASCAP/BMI). Which is basically a blanket license that gets collected & distributed to the members that belong to those license agencies.
A cover band WOULD have to pay to record for distribution - copyright. But they would no more own the original song, they would be able to copyright their version/performance. As far as getting paid to perform it, the cover band wouldn't recieve any royalties regardless of how different it was. This would still go to the original artist.

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PostPosted: Tue Jan 11, 2011 12:42 pm 
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The distinction would be for cases involving substantial changes to a song. For example if Wierd AL Yancovic did a parody of a song, then it is my understanding that ASCAP/BMI could collect royalties for both Wierd AL and the original artist of the song. In such a case both artists would get some share of the royalties for PUBLIC PERFORMANCE (for example if a DJ played the song in a club).

But the whole idea of a performance license is a portion of the copyright that is enforced by a system managed by ASCAP/BMI.


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PostPosted: Tue Jan 11, 2011 1:10 pm 
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Weird Al would collect a portion of the publishing for his lyrics only, the musical composition would still go to the original writer under which that portion of the license belongs. There are 3 parts to a published song - lyrics, music and melody (I believe, can't remember for sure on the last one). So in reality 3 different people can have rights to one song. So if Weird Al did his version lyrically, but the music and melody remains, the holders to the latter two would still get their share but Al would receive a third for his part.

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PostPosted: Mon Jan 24, 2011 10:51 pm 
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having been served with the "intent to sue" paperwork in the first round of suits in Florida and been thru the entire audit process. I can assure everyone that the process is not a difficult one and well worth the time and effort. We are preparing for our Stellar audit sometime next month and have received them from SC(2x once by SKYPE and once at SC) and CB. i will repeat to anyone that will listen IF you are legit(1-1) as for your audits before you are named.....If not get legal or get out

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