KARAOKE SCENE MAGAZINE ONLINE! - Are HD Karaoke tracks Considered Video's? Public Forums Karaoke Discussions Karaoke Legalities & Piracy, etc... Karaoke Scene's Karaoke Forums Home | Contact Us | Site Map  

Karaoke Forums

Karaoke Scene Karaoke Forums

Karaoke Scene

   
  * Login
  * Register

  * FAQ
  * Search

Custom Search

Social Networks


premium-member

Offsite Links


It is currently Thu Mar 28, 2024 11:16 am

All times are UTC - 8 hours




Post new topic Reply to topic  [ 21 posts ]  Go to page Previous  1, 2
Author Message
PostPosted: Wed Feb 07, 2018 7:40 am 
Offline
Advanced Poster
Advanced Poster
User avatar

Joined: Tue Jul 31, 2012 8:18 am
Posts: 407
Been Liked: 242 times
jclaydon wrote:
As for someone wanting to use the track, i guess it would depend on what format it's in. I mean it would be kind of hard to separate the audio from the lyrics if it was an mp4 video.


Actually it isn't really hard at all to separate the audio from the video, but I guess I don't understand what it is that you're getting at here.

jclaydon wrote:
that being said, since the copyright holder has all the control, they would be perfectly welcome to say no. i mean there's nothing stoping the person who wants to use the song from paying the compulsory for the 'orignal' song from the original publisher.

Unless somehow the law meant that there was automatically a compulsory for the music portion, in which case i guess it's like everyone else, they can't do anything about it.


Well there isn't an "automatic" compulsory, it's a process that is used if the composer or owner of the work either can't be located or won't voluntarily agree to a licensing agreement, in which case the licensee must file a form with the copyright office and pay the filing fee (I think it's still $20). He/she must also file a monthly report and an annual report and pay the statutory rate of .091 for each unit sold on a monthly basis. In other words it's a pain in the arse as most licensing agreements only require a quarterly report and royalty payment. There usually isn't an annual report either.

Compulsory licenses are for the audio portion only and have to fall under the category of "phonorecord" in order to be eligible. Hence if there is a video portion sufficient to render the work as an audio/visual work it does not qualify for a compulsory license. This is why sound recordings formatted for karaoke (i.e. those that include a visual display of lyrics) are not eligible for compulsory licensing because the courts have erroneously ruled that the graphic display of lyrics is sufficient to qualify as an audio/visual work.

Bottom line, in my opinion the law written as it is currently, is sufficient to protect the rights of the composer and the owner of the sound recording. It's the interpretation of the law in my view is where the crux of the problem lies.


Top
 Profile Singer's Showcase Profile 
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 21 posts ]  Go to page Previous  1, 2

All times are UTC - 8 hours


Who is online

Users browsing this forum: No registered users and 102 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Powered by phpBB® Forum Software © phpBB Group

Privacy Policy | Anti-Spam Policy | Acceptable Use Policy Copyright © Karaoke Scene Magazine
design & hosting by Cross Web Tech