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Downloaded tracks permission ?
- Thread starter KjAthena
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KjAthena said:I just received written permisson from an artist to use her karaoke downloads at our shows....Is this enough permission to be legal? Your input is requested.:sqerr:
What did YOUR Lawyer have to say about this?
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KjAthena said:I just received written permisson from an artist to use her karaoke downloads at our shows....Is this enough permission to be legal? Your input is requested.:sqerr:
Is this the original artist that wrote and performed the song? If so, that's about as legal as you can get.
if this is an artist doing a cover tune and syncing lyrics to her version, and giving you permission to use her work, then you need to ask: 1) did she acquire all the licenses needed to create a karaoke version of the song? If the answer's no, then SHE'S infringing copyrights of the original artist. In this case she's simply giving you permission to use her illegal material.
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"Is this the original artist that wrote and performed the song? If so, that's about as legal as you can get. if this is an artist doing a cover tune and syncing lyrics to her version, and giving you permission to use her work, then you need to ask: 1) did she acquire all the licenses needed to create a karaoke version of the song? If the answer's no, then SHE'S infringing copyrights of the original artist. In this case she's simply giving you permission to use her illegal material."
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most of hers is original but yes she got the licences to do karaoke tracks for the few others really thinking of taking her up on splitting the studio time for a couple of her song "red hot red hat mama's" may become a signature song:sqwink:
I'm already practicing this one
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most of hers is original but yes she got the licences to do karaoke tracks for the few others really thinking of taking her up on splitting the studio time for a couple of her song "red hot red hat mama's" may become a signature song:sqwink:
I'm already practicing this one
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KjAthena said:"Is this the original artist that wrote and performed the song? If so, that's about as legal as you can get. if this is an artist doing a cover tune and syncing lyrics to her version, and giving you permission to use her work, then you need to ask: 1) did she acquire all the licenses needed to create a karaoke version of the song? If the answer's no, then SHE'S infringing copyrights of the original artist. In this case she's simply giving you permission to use her illegal material."
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most of hers is original but yes she got the licences to do karaoke tracks for the few others really thinking of taking her up on splitting the studio time for a couple of her song "red hot red hat mama's" may become a signature song:sqwink:
I'm already practicing this one
This actually reminded me of something Weird Al got into with Atlantic Records. He wanted to do a parody of James Blunt's "Your Beautiful". Blunt said yes, but Atlantic Records (Blunt's record label, and a part of WMG, whose been very infamous for doing things like this lately) said no and said it as if they had the lawyers already in place (especially when parody is under fair use law and so many think having Weird Al wanting to do a parody of their songs is a privilege and a sign that they are famous). Thus, he only put it on Myspace and didn't put it on a LP album.
That, I think, is why I think Athena is trying to be careful here: the artist may grant permission, but in this crooked US law right now, the songs actually belong to record companies that would rather get rich off of things than to actually promote GOOD artists. I actually think that, if you ask some of the artists, they wouldn't give a crap if you use Limewire to download anything (the band Disturbed has said they don't care, and Disturbed kicks major ****). This is because most of their money actually comes from concert ticket sales. They hardly see any money from record sales (which sucks, actually. We don't buy albums because we like who an artist signs to). So the record labels have a stranglehold on music rights (when I think they shouldn't).
Personally, I think we should all move to the UK. At least SOME countries actually KNOW how to deal with licensing laws, because the US obviously sucks at them.
By the way, I'd go ahead and do it if the artist gave you permission, and to hell with anything if her record label gave you hell about it, since that would mean she would have some issues with her record label, and then she'll know who her REAL friends are (and it WOULDN'T be that record label).
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KjAthena said:most of hers is original but yes she got the licences to do karaoke tracks for the few others really thinking of taking her up on splitting the studio time for a couple of her song "red hot red hat mama's" may become a signature song:sqwink:
I'm already practicing this one
Sounds like she (and you) should be OK to me. :sqbiggrin:
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darkpowrjd said:By the way, I'd go ahead and do it if the artist gave you permission, and to hell with anything if her record label gave you hell about it, since that would mean she would have some issues with her record label, and then she'll know who her REAL friends are (and it WOULDN'T be that record label).
Not all record labels are bloated dinosaurs like the majors. A lot of the indies are nice to work with, and while you don't get the mega-sales, a bigger cut of a smaller pie often means more money in your pocket.
The smart artist makes sure they don't sign away their rights. Lawyers specializing in entertainment contracts aren't that expensive considering what you stand to lose.
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KjAthena said:I just received written permisson from an artist to use her karaoke downloads at our shows....Is this enough permission to be legal? Your input is requested.:sqerr:
The permissions are protection for any rights that are currently her's. The unanswered question is: "what rights are there in those works that belong to others and do her permission supercede those rights?" (i.e: the label, distributors, etc.)
I would not worry. A written record of these permissions demonstates your clear intent to respect those rights and would mitgate the teeth in any subsequent action that could arise.
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KjAthena said:I just received written permisson from an artist to use her karaoke downloads at our shows....Is this enough permission to be legal? Your input is requested.:sqerr:
Ask a lawyer. Protect yourself. You can't rely on opinions of KJs to make sure you are doing the right thing.
Birdofsong
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Athena,
If they are original works of that artist and you are not distributing Karaoke tracks to others there is no legal implications to worry about as long as you have the artist permission (in writing) I have done over 20 songs under the Lame Duck and TM labels of singer/songwriters material to karaoke disc either by their request or their permission.
OK I misunderstood, I thought you were actually producing the karaoke tracks of her works! I see now you are just downloading them for use!
I conceed there may be others involved in the use of that product depending on her label and the studio that produced the karaoke tracks!
If they are original works of that artist and you are not distributing Karaoke tracks to others there is no legal implications to worry about as long as you have the artist permission (in writing) I have done over 20 songs under the Lame Duck and TM labels of singer/songwriters material to karaoke disc either by their request or their permission.
OK I misunderstood, I thought you were actually producing the karaoke tracks of her works! I see now you are just downloading them for use!
I conceed there may be others involved in the use of that product depending on her label and the studio that produced the karaoke tracks!
