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Dark,

Have you found that fair use clause that gives you the right to make and use multiple copies in multiple shows yet?

Have you even found a fair use clause that gives you the right to make a single copy to use in a public show?
 
Thunder said:
Dark,

Have you found that fair use clause that gives you the right to make and use multiple copies in multiple shows yet?

Have you even found a fair use clause that gives you the right to make a single copy to use in a public show?

Okay, this is starting to get tiresome because it seems like I just answer your questions time in and time out and you answer back with the exact same thing.

When did I ever say that fair use was in fact a factor? I asked that as a QUESTION! I mentioned it in another thread, and you hijack this whole thing again, and you never once answer anything I asked you (about if these manus that you are going to support more and more if they sue the living **** out of everyone you don't like suddenly have second thoughts and come up with, God forbid, a DIFFERENT way to attack piracy), You come into this thread and give me hell about something I said in ANOTHER thread. Go post that in the thread I said that in instead of trying to derail and troll THIS one, because you're not answering what I'M asking you HERE. You've never answered anything I've posted with any mature answer, and have instead acted as though I've done something evil by taking a different position than you. You continue to attack me and anyone else that dares to say that SC's audits are the wrong way to go. Congrats on doing whatever it is you continue to try to do, because I'm getting awfully tired of talking to someone who's in no mood to listen (by the way, jc actually answered to me with actual POINTS instead of insults which I thought was the reason why this board is private now). You've only answered the things you WANT to answer or those you know you can answer in a way that supports your opinion.

I'm sorry that I actually have a different opinion about how to tackle these types of things, but I can't exactly change them just because they aren't popular with you. And I stand by my opinions, too. Like I said, I'm sorry if my opinions offend you, but I can't do anything about that.

If you don't want to go HD or whatever, that's fine. But the thing is, some people WANT for SC or whoever to try the medium out, and the way you're acting, you're sounding like you don't want to see the industry ever evolve. It seems like to me that, if you had it your way, DD wouldn't even be in our lexicon right now, imports of Sunfly and Zoom products would be banned from US shores (since you've only brought up the UK makers as an afterthought and don't think that people will go and buy any of THEIR products), and you would start witch hunts for people who would dare to download anything off of Limewire. I'm sorry to be so blunt about this, but you've been very biased about this and haven't really been kind to those that disagree with you.
 
WHO'S In the "DARK"?

Darkpowerjd - so much of what you say (and you really must not have much to do if you have the time to write so much nonsense) is just totally baseless, there is no point in even trying to discuss or refute you on a comment by comment basis. But I will challenge a few of them.

1) I keep reading where you are saying Sound Choice is expecting KJs to carry around all their discs and that we are in the dark ages with an outdated business model (discs, I presume?). If you had read AND understood a fraction of my previous postings, you would understand that our position and that of other manufacturers is that as long as you have your purchased copy of an original legal CDG still in your possession, we will not continue any legal action against you for the songs from that CDG that were shifted. For each and every song on your hard drive (computer or CAVS machine, for example) you need to have archived possession of the original CDG - this is the "1:1" concept. In the absence of a written agreement with us, you may NOT "automatically" format/media shift from the CDG to another format or medium. However, should you chose to do so and we observe you running our content from any format or media other than the original CDG AND we challenge you or file a lawsuit, you will be dropped from the suit if you can prove via an audit that you meet the 1:1 condition. So, those who know they can met the 1:1 requirement might chose to not contact us and request a license, but they also risk the possibility of being investigated and named in a lawsuit.

If you wish to avoid a potential lawsuit AND you have discs to back the 1:1 format/media shift you can contact us to voluntarily undergo an audit and get that written permission. We have been advertising this on our closing screens and in our products for a few years now.

NO WHERE ARE WE DEMANDING that you carry around your discs or even run your show from discs and a CDG player - but we are requiring you to obtain written permission for the format /media shift to avoid being "investigated" or be able to prove you have the discs and meet the 1:1 standard if you are named in a lawsuit if you want to be let out of it.

2) You love to cite Zoom's having MP3s on iTunes - big deal. Sound Choice was the first company to have karaoke MP3s on iTunes. But they are not MP3+G (emphasis on the GRAPHICS portion of the format). No karaoke files presently on iTunes are "karaoke with video/graphics" at this time. And anyone who knows even the tiniest bit about the history of karaoke licensing in the US knows that the "G" portion of the Karaoke SIGNIFICANTLY changed the market for the entire industry. As a manufacturer, I hate it, but I have to live with it. So you are not even making a close comparison of the content.

3) You have completely overlooked the COMMERCIAL versus CONSUMER or home use of the music content. Just like someone can have a dozen buddies to his house and serve beer and wings and watch the SuperBowl on a big screen tv and be totally legal, that same activity (drinking beer and eating wings with your best buddies while watching the Superbowl) CANNOT be done without a license and payment by the owner to the broadcaster and the NFL in a commercial establishment. If this comparison escapes your comprehension, then you are simply refusing to accept the facts and (IMHO) are simply arguing because you don't like the way things are. Write your congressman!

You post many other arguments that are based on complete falsehoods that anyone who is not "in the dark" about the subjects would recognize as being senseless. Therefore to "debate" you is to simply waste valuable time on basic education that you do not appear to be interested in absorbing based on your responses to other posters trying to educate you.
 
darkpowrjd said:
Okay, this is starting to get tiresome because it seems like I just answer your questions time in and time out and you answer back with the exact same thing.

When did I ever say that fair use was in fact a factor? I asked that as a QUESTION! I mentioned it in another thread, and you hijack this whole thing again, and you never once answer anything I asked you (about if these manus that you are going to support more and more if they sue the living **** out of everyone you don't like suddenly have second thoughts and come up with, God forbid, a DIFFERENT way to attack piracy), You come into this thread and give me hell about something I said in ANOTHER thread. Go post that in the thread I said that in instead of trying to derail and troll THIS one, because you're not answering what I'M asking you HERE. You've never answered anything I've posted with any mature answer, and have instead acted as though I've done something evil by taking a different position than you. You continue to attack me and anyone else that dares to say that SC's audits are the wrong way to go. Congrats on doing whatever it is you continue to try to do, because I'm getting awfully tired of talking to someone who's in no mood to listen (by the way, jc actually answered to me with actual POINTS instead of insults which I thought was the reason why this board is private now). You've only answered the things you WANT to answer or those you know you can answer in a way that supports your opinion.

I'm sorry that I actually have a different opinion about how to tackle these types of things, but I can't exactly change them just because they aren't popular with you. And I stand by my opinions, too. Like I said, I'm sorry if my opinions offend you, but I can't do anything about that.

If you don't want to go HD or whatever, that's fine. But the thing is, some people WANT for SC or whoever to try the medium out, and the way you're acting, you're sounding like you don't want to see the industry ever evolve. It seems like to me that, if you had it your way, DD wouldn't even be in our lexicon right now, imports of Sunfly and Zoom products would be banned from US shores (since you've only brought up the UK makers as an afterthought and don't think that people will go and buy any of THEIR products), and you would start witch hunts for people who would dare to download anything off of Limewire. I'm sorry to be so blunt about this, but you've been very biased about this and haven't really been kind to those that disagree with you.

Reread post 262, 269, 271, 274 etc. etc.
 
darkpowrjd said:
If you don't want to go HD or whatever, that's fine. But the thing is, some people WANT for SC or whoever to try the medium out, and the way you're acting, you're sounding like you don't want to see the industry ever evolve. It seems like to me that, if you had it your way, DD wouldn't even be in our lexicon right now, imports of Sunfly and Zoom products would be banned from US shores (since you've only brought up the UK makers as an afterthought and don't think that people will go and buy any of THEIR products), and you would start witch hunts for people who would dare to download anything off of Limewire. I'm sorry to be so blunt about this, but you've been very biased about this and haven't really been kind to those that disagree with you.

Umm, DARK, what makes you think Thunder has something against hard drives? He runs them! You must be thinking about JoeChartruese (you know "disc based and loving it"). But I know that Thunder also has a LOT of Sound Choice CDGs because I handled his last order for over 100 discs myself. So, he is 1:1 in our book.

And I am sure he has no personal bias AGAINST digital downloads, except he is aware that they have been declared "for personal use only" and he might not want to be in a position of being challenged by a publisher.

Chartbusters in their round-about way never says clearly if they can or can't be used for commercial use, although I assure you that some of their licenses state that they can't be used that way. But rather than identifying which particular song is which, they leave it up to the user to determine their own level or risk while covering themselves with their disclaimer stating that THEY won't do anything if you chose to use them in a commercial manner, but that you need to obtain any third party permissions and abide by the copyright laws.
 
Kurt,

I am trying to get him to at least read some of the copyright law, so that he will at least be able to make a statement with some manner of legitimacy, but apparently to no avail!
 
Sound Choice said:
Darkpowerjd - so much of what you say (and you really must not have much to do if you have the time to write so much nonsense) is just totally baseless, there is no point in even trying to discuss or refute you on a comment by comment basis. But I will challenge a few of them.

So you single me out instead of anyone else who has challenged your basis? Maybe you think I'm just an easy target. I'm just a consumer who wanted to find a way to express their opinion about the product in a forum that wasn't controlled by SC. I've bought several of your products for some time, but the last CDG I got failed to meet the standards I came to expect from SC. And then I come to learn that you target pirate with tactics that is akin to the Salem Witch Hunts and say that because I write long posts I have too much time on my hands? What a HELL of a way to make people WANT to patron your business, sir. I shouldn't even entertain the rest of your post after THAT, but I will indulge because, well, I have "too much time on my hands" (and because the admins are seemly not willing to let this go on for much longer because this has gotten way ugly with even the CEO of a company insulting other people who COULD be their customers tomorrow). That, I think, is HIGHLY unprofessional. You may think that I am immature for saying such things, but I'm a consumer. A disgruntled one right now, and you are the CEO of a company, so you should be putting your best face of your company forward and acting much more professional than that, regardless of who is on the other end. If I was a shareholder of your company, I would be calling for your HEAD right now.

1) I keep reading where you are saying Sound Choice is expecting KJs to carry around all their discs and that we are in the dark ages with an outdated business model (discs, I presume?). If you had read AND understood a fraction of my previous postings, you would understand that our position and that of other manufacturers is that as long as you have your purchased copy of an original legal CDG still in your possession, we will not continue any legal action against you for the songs from that CDG that were shifted.

But how would you choose the auditors that would do that, and how would you know if THEY could judge the same thing? And the whole issue is that the sort of thing will not exactly fly in a court of law. The basis is that you need more than that to show to someone that they are il/legal. You've put on only a half of the story here.

For each and every song on your hard drive (computer or CAVS machine, for example) you need to have archived possession of the original CDG - this is the "1:1" concept. In the absence of a written agreement with us, you may NOT "automatically" format/media shift from the CDG to another format or medium. However, should you chose to do so and we observe you running our content from any format or media other than the original CDG AND we challenge you or file a lawsuit, you will be dropped from the suit if you can prove via an audit that you meet the 1:1 condition.

And again, the basis is that, and I'm not the only one who thinks this now, that you don't have too much of a basis to sue based on that in the first place.

So, those who know they can met the 1:1 requirement might chose to not contact us and request a license, but they also risk the possibility of being investigated and named in a lawsuit.

Could you provide people, then, with a way to OBTAIN such licenses, and the basis of whether or not one would GET such a thing? Like, say, the way you have conducted yourself so far in this post shows me that you wouldn't give one to me under the impression that I'm not too happy with the way you conduct business (which I don't). If these are available on your site, then I do apologize, but you should make the info easily available to be had so people can file such a request.

And the other issue is if such a way is THE way to go to curb piracy. I keep saying that people want an easier way to buy their tracks. But unfortunately, they do not have the option, and they don't want the hassle of waiting for the discs or going to the dealers (which have become few and far between anymore), and thus have found the download, piracy way the only option. Not because they don't want to pay for it, but because they want the option to be able to download directly. My opinion is that though you have said you want to offer such a model, your attempts are futile since they don't offer the type of purchasing options that people are asking for (per-disc or per-track), and it's priced for professionals who have been in the business for some time. I don't think that's a wise move on your part because I think a lot of money can be had from at least the attempt.

If you wish to avoid a potential lawsuit AND you have discs to back the 1:1 format/media shift you can contact us to voluntarily undergo an audit and get that written permission. We have been advertising this on our closing screens and in our products for a few years now.

Yes, I've seen the closing screen on a few of the tracks on the custom CDG that was botched some time ago (if you want, I can reiterate what the problems were with the CDG). My issue is if your method helps to curb piracy in the long term or whether it is a quick fix. To me, it's neither because, as with the RIAA lawsuits, it has only alienated the paying consumer (which, again, we are not aware of how any one auditor will consider the case because you cannot possibly predict human behavior), and has made people scared, regardless of what you say you're basing your findings on, that they will be found guilty when they really are innocent, and bow out of the race.

NO WHERE ARE WE DEMANDING that you carry around your discs or even run your show from discs and a CDG player - but we are requiring you to obtain written permission for the format /media shift to avoid being "investigated" or be able to prove you have the discs and meet the 1:1 standard if you are named in a lawsuit if you want to be let out of it.

And if you have the Gem series, you are already agreeing to be audited, which is the whole reason as to WHY people would buy those things: because they don't want to be lumped into that mess.

2) You love to cite Zoom's having MP3s on iTunes - big deal.

Yeah, I would say "big deal" to my competition if I was trying to dismiss them, too.

Sound Choice was the first company to have karaoke MP3s on iTunes. But they are not MP3+G (emphasis on the GRAPHICS portion of the format). No karaoke files presently on iTunes are "karaoke with video/graphics" at this time.

But your argument isn't if the karaoke music has graphics or not. It's the whole 1:1 debate. I'm not sure where the graphics thing came into play, but I can see why you would bring it up.

And anyone who knows even the tiniest bit about the history of karaoke licensing in the US knows that the "G" portion of the Karaoke SIGNIFICANTLY changed the market for the entire industry. As a manufacturer, I hate it, but I have to live with it. So you are not even making a close comparison of the content.

Any new invention significantly changes the market in which it was invented for. VHS changed things. Blu-Ray changed things, and so has the CD, iTunes, and whatever else has came into play. The industries in question, though, have learned to use these new mediums to their advantage. VHS became THE standard until DVDs came along, and then Blu-Ray changed the way we view high-def movies. iTunes (which is being cited here now) changed everything in terms of music because we can now download anything we want, 99 cents a song, and have it to listen to in a matter of minutes. Facebook changed how we communicate with others. Hell, the internet in of itself has been a staple of how much has changed.

And then, you have the music gaming genre. Games like Rock Band and Guitar Hero have changed nearly everything. These games are part of the reason who karaoke has died down (why go somewhere to do something you can do in the privacy of your own home?).

What I'm getting at here is that each industry has learned to adapt to the technology that faces them. At the moment, the external hard drive is the new tech that faces you, and so far, not many people have taken that you have handled what to do with it effectively, in a way that's fair to the consumer and performer. And, when you were called out, instead of acting professional, you insult me publicly.

3) You have completely overlooked the COMMERCIAL versus CONSUMER or home use of the music content.

Actually, I thought that's what we were talking about all along.

Just like someone can have a dozen buddies to his house and serve beer and wings and watch the SuperBowl on a big screen tv and be totally legal, that same activity (drinking beer and eating wings with your best buddies while watching the Superbowl) CANNOT be done without a license and payment by the owner to the broadcaster and the NFL in a commercial establishment.

And this is where the whole issue of the music licenses come into play. We've went over this. This is the whole basis as to why I'm saying you would be better off trying to find a way to make everyone happy by providing a service that is fair to both the home consumer and the KJ host so the KJ host doesn't HAVE to worry about being 1:1 while making it so people who deal with giving out the licenses will be left happy. This is something that, if you visit Chartbusters' site on the FAQ page, you will see that they seem to have found a way to keep everyone happy, because their main exception to being 1:1 is if you bought the tracks through their DD service. I know you may not care about how they do their business, but I belabor that to emphasize that it indeed IS possible to offer such a service for KJ hosts that keeps everyone satisfied, keeps things reasonably priced, and keeps the industry thriving.

If this comparison escapes your comprehension, then you are simply refusing to accept the facts and (IMHO) are simply arguing because you don't like the way things are. Write your congressman!

You know, though that doesn't sound like a bad idea at all (and I DO implore those that are unhappy with the current laws to do so, as well), I do not see why you have not done this yourself. As the CEO of probably the largest and most well known manufacturer, you could, instead of being our enemy, be our mouthpiece. You could be the one to go to Capitol Hill and call for the changes to the laws, or to make something happen to where people can stay legal by going to the legal DD sites. Hell, I was shocked when Steve Jobs called on the music industry to abolish DRM from iTunes, and that led to a DRM-free option to most of the tracks on the service. I'm sure the issue could be a BIT harder because of the graphics, but it can't be that much harder since some people have got it to work for all people involved. You can do that same thing. But you first have to take the stand and call for an end to the way things are now, and make a sacrifice (even if that means the 1:1 model).

You post many other arguments that are based on complete falsehoods that anyone who is not "in the dark" about the subjects would recognize as being senseless. Therefore to "debate" you is to simply waste valuable time on basic education that you do not appear to be interested in absorbing based on your responses to other posters trying to educate you.

The fact that I debated jclayton's point with praise that he debated me maturely and with actual points rather than just spouting the "nonsense" you accuse me of doing disproves that I'm not willing to listen to the viewpoints of others. And I apologize to jc if I got his name wrong. Even though I disagree with how we should combat piracy, I do not do that without respect for others opinions. I only ask for people to have an opened mind when reading my own, which I do not feel as though I have gotten so far by some people.

And again, shame on you for insulting me when you are a CEO of a company that would be wanting my money. That attitude is what makes people want to pirate your products. Sometimes people pirate out of spite because the company treats them like second-rate citizens. I hope you see why I think you just proved my original point about why your company hasn't seen the glory days it used to have.
 
Kurt...

I have asked this question about the GEM SERIES before but never received an answer(from you).


So you sell the Gem series in a set, and allow the customer to make a duplicate copy(in writing). So my question is...

Does the Artist(copyright holder) get credit(compensation) for both copies(the one sold and the duplicate you permit)?
 
Sound Choice said:
Umm, DARK, what makes you think Thunder has something against hard drives? He runs them! You must be thinking about JoeChartruese (you know "disc based and loving it"). But I know that Thunder also has a LOT of Sound Choice CDGs because I handled his last order for over 100 discs myself. So, he is 1:1 in our book.

Personally, if he does, then he does. I don't see the problem with it, as some people are computer illiterate. The issue is whether or not he tries to detriment the process of moving the industry forward, and if he is using the copyright thing as a weapon to shun out competitors to his show. I cannot say if he actually does or not, and only he could answer that.

And I am sure he has no personal bias AGAINST digital downloads, except he is aware that they have been declared "for personal use only" and he might not want to be in a position of being challenged by a publisher.

Which is where we get into the whole idea of making a license-friendly model, something that I believe you could lead the charge for, yet nothing has come of anything yet. I'm not sure if the normal licenses that a lot of the venues that hosts the shows would be the CYA here, but if it isn't, I'm sure there could be a charge for such a thing, as well.

Chartbusters in their round-about way never says clearly if they can or can't be used for commercial use, although I assure you that some of their licenses state that they can't be used that way.

That's the fault of the record companies, and I can assure you they are very greedy (look at WMG vs. YouTube right now).

But rather than identifying which particular song is which, they leave it up to the user to determine their own level or risk while covering themselves with their disclaimer stating that THEY won't do anything if you chose to use them in a commercial manner, but that you need to obtain any third party permissions and abide by the copyright laws.

Then those that are concerned need to tell CB to get with it and make something concrete instead of making it easier to confuse people so they don't know WHAT the line is and thus can get sued easier.

By the way, you must excuse me for my passionate views about this, as I've been following this whole piracy debate with a number of mediums for some time.
 
Manobeer said:
Kurt...

I have asked this question about the GEM SERIES before but never received an answer(from you).


So you sell the Gem series in a set, and allow the customer to make a duplicate copy(in writing). So my question is...

Does the Artist(copyright holder) get credit(compensation) for both copies(the one sold and the duplicate you permit)?

Have you read the agreement/license/contract?

If you have then you already know how ignorant that question really was!
 
Dark:to an extent, I can see your point as well. The part where we disagree, and where all the contention lies for me is this - In my opinion you are blaming the WRONG people for not providing digital digital distribution.

However as I have stated before, until an actual case is tried all the way to the end, everyone including me is just speculating.

I would like nothing better than to see the 'fair use' clause stand up against a commercial use case, I'm just not going to hold my breath over it.

In the meantime, I will continue to respect everyone's opinion, and agree to disagree with anyone who doesn't match mine.. :)
 
Thunder said:
Have you read the agreement/license/contract?

If you have then you already know how ignorant that question really was!


Oh I read it...especially this part.

In particular,
copyright in the underlying musical works (the composition rights) belongs to the original authors or their
assignees and are reserved to them. This Agreement does not grant you any rights with respect to those
copyright holders.

So if someone on craigslist sells loaded hard drives with a "agreement/license/contract" that states that underlying TRADEMARKS belong to their respective owners... It should all be just as legal as this set.

Thanks for answering a question that was specific to someone else... :sqbiggrin:
 
Dark,

People can only make so many ignorant statements on a subject before the other person's patience runs thin! And they find that trying to educate Bubba is a lost cause, on the other hand I have been told I have the patience of Job :sqwink: and I have lots of time to try and get the point across!

You might find that Kurt wouldn't be so dismissive of you if you were not so antagonistic in all of your postings! I fully understand your positions if you are a pirate, you would feel that you were being pushed into a corner by Sound Choice and forced out of business by legit operators! I do not understand the position you are taking if indeed you are legal, if you already own the Sound choice library then the Gem series is not for you unless you want to expand to another system, in which case the Gem series is a **** good deal right now at $0.67 per song!

Or you could just purchase the downloads from Chartbuster at $1.99 and get all 45 of those songs for a library! (excluding the Christmas, Faith and Childrens songs)
 
If I've read the above correctly, and I admit that I haven't read every single word, it looks like that even if a KJ is 1:1 and has spent thousands of dollars on SC product, they will still get named in lawsuit strictly on the trademark infringement.... that is of course if they don't "voluntarily" submit to an "audit" am I reading that correctly?????

I have a couple of questions for Kurt:

(1) If you "sold your catalog" to Stingray and kept your trademark, does this mean that Stingray now owns the copyrights to the audio only or does it include the entire karaoke track (graphics and sweeps, minus your logo). Obviously, you can't sell what is not yours to sell, therefore you can't "sell" someone else's lyrics which leads me to question #2:

(2) Are all the licensing agreements with the publishers then also transferred to Stingray?
 
jclaydon said:
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.

Not true. That may be what the manufacturer wants you to believe - but that is not a valid restriction because if the KJ owns the discs they are personal property and all his use rights to such are retained, including the right to play it from a more convenient medium.

This is why pool music is dirtibuted by licensed subscritpion ONLY - so that you NEVER actually own the discs and cosnequently your rights and how you can use the product are quite restricted.

tion, 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.

That is the most retarded piece of crap I have ever read on the subject, and you can gnore it completely.

Bottom line: Be responsible. Don't start duplicating hard drives to create a multi-op from a single point of purchse.

There is no "cloud of confusion" - the intent of the Copyright Law in this matter is crytal clear: to prevent unauthorized duplication and distribition of copyrighted material.

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.

It means they are goingto harrass you if they can. "Coming after you" and actually having a legally sound case that can be won in court are two entirely different things.

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.

Translation: "A lot of this is just bullsh__t we made up and don't want to be held legally accountable for should any sh_t start hitting the fan."

To answer your question directly NO in the eyes of the law, karaoke is NOT a form of musical entertainment. It is viewed the exact same as any TV show or Movie. And no matter how much you ignore or gloss over the fact the LAWS for Audio Visual Works and Musical works are different in North America.

The law is identical for all copyrighted works - musical, visual, or print.

What differs is the number and variety of licenses that might be associated with any given work. A license is contract - not a law.

The license granted to a particular karaoke manufacturer might only provide them permissions to produce and distribute discs. They can not deviate from that without specific permissions, and in some cases may even be prohibited from distributing the content by any type of electronic means.

This poses a potential liability for them where the market they they sell too is almost entirely PC based. Should any protected content they distribute suddenly get away from them and show up all over the world as unauthorized digital file copies - they could potentially be found negligently laible for failing to adequately protect content with licensing or up-to-date copy protection technology.

In the case of SC, the content that got away from them was their own proprietary karaoke cover versions, so the damages land in their own lap. You can imagine however, the court case that would have transpired had they been distributing content produced and created by someone else who had other parallel interests in it's scarcity.
 
darkpowrjd said:
And if you have the Gem series, you are already agreeing to be audited, which is the whole reason as to WHY people would buy those things: because they don't want to be lumped into that mess.

It doesn't say you WILL be audited. Just that you agree that you CAN be audited. It also says it is for Sound Choice songs only by the way.

My take is that, since I just bought the entire set, why would they spend the time & trouble to audit me? The only reason I can think of is if they see MY serial number pop up somewhere else and want to verify the discs are still in my possession, or for stray Eagles songs I guess. Honestly, I will be very surprised if I get the audit call.
 
I think you've hit the nail right on the head with that statement, some here seem to think Sound Choice is going to knock on your door once a month or once a year and demand an audit. That just isn't the way it's going to happen, audits cost them money. It's a way for them to continue the fight against piracy by looking into any claims that may be put against you. If another KJ in your area wants to call Sound Choice and report you for being illegal, all it would take is a simple audit to clear your name as opposed to a lawsuit. Very smart system in my opinion and very effective.
 
Loneavenger said:
I think you've hit the nail right on the head with that statement, some here seem to think Sound Choice is going to knock on your door once a month or once a year and demand an audit. That just isn't the way it's going to happen, audits cost them money. It's a way for them to continue the fight against piracy by looking into any claims that may be put against you. If another KJ in your area wants to call Sound Choice and report you for being illegal, all it would take is a simple audit to clear your name as opposed to a lawsuit. Very smart system in my opinion and very effective.

That is unless SC also has all your venues signed up under their "safe harbor" program. Then, if for some reason they don't want to incur the expense of an audit and you don't cooperate fully with them, they simply tell your clubs that they "suspect" you are an infringer.... Your club(s) will have 30 days to fire you and replace you with someone SC likes better.

I feel safer already, don't you?
 
c. staley said:
Then, if for some reason they don't want to incur the expense of an audit and you don't cooperate fully with them...

But unless I am breaching the contract, whats the point of the audit in the first place? You could come up with all sorts of "what if" scenarios regarding the licensing agreement. I mean what if after five years they DEMAND all your discs back? I suppose they could, but to what end?
 
Bazza said:
But unless I am breaching the contract, whats the point of the audit in the first place? You could come up with all sorts of "what if" scenarios regarding the licensing agreement. I mean what if after five years they DEMAND all your discs back? I suppose they could, but to what end?

You don't have to be breaching anything. Just ask those that are 1:1 and have been sued like KJAthena or Good Time Karaoke... they didn't "breach" anything either did they?
 
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