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LoudKaraoke.com sued by publisher

Looks like another non-authorized online reseller is going to fall hard :)
 
Actually the link is correct in the text, however spelled wrong in the HTML code as loudkaroke instead of loudkaraoke which is why the website appears to be down. The website is still up and actually this store is about 45 minutes from me, but i've never used them.
 
Um you guys might want to read that through again. I went to the site above to read about the suit, then clicked over to www.loudkaraoke.com


What I saw was a place selling manufacturers' discs, including Chartbuster and other brands. The way I read it, he is being sued for selling those discs because the songs that were on those discs were not licensed. In other words, it looks like they are suing the store instead of the the karaoke manufacturer for releasing the tracks.

I am NOT saying this is the case, it is ONLY the IMPRESSION that I got from it.

I saw no offerings of HDs or downloads, and even saw a statement answering a question about hard to find songs that not all songs are available for karaoke.

BTW- If my impression IS the case, then there's no reason that they wouldn't go after KJs too, even those using original mfrs. discs.

I don't think that they could win, because original mfr. discs would be a show of good faith purchase, and no intent to defraud can be shown- the same for the store.

Again this is only IF my impression is correct.
 
But they did state that they 'were' selling Stairway To Heaven and Boys Of Summer specifically (out of 500 other songs) - which is supposedly off limits anymore for karaoke (at lease in the US), and it does not show up in their search. Since it looks as if they only sell Chartbuster discs, it could be something they were sellinga little something/something on the side & got caught red handed via undercover. Or they were selling overseas brands that do contain those songs like Sunfly & Zoom, but I would think they would go after the more prevalent karaoke stores that sell those discs first over a small hole in the wall type store if that were the case like karaoke.com or prosing that list both those songs currently - unless they are just trying to set a precident first on a smaller scale.
 
Only other thing I could think of is they were using sound clips/previews which is what got karaoke.com in trouble a while back.
 
Lonman said:
Only other thing I could think of is they were using sound clips/previews which is what got karaoke.com in trouble a while back.
Click to expand...
That is one of the claims that they are suing for, Lon.
Here's a snippet from the suit. I didn't feel like typing the whole thing out, but the Exhibits apparently list the infringing works.

Exhinits A,B,C,D,E,F,G,H,and I specifically identify the particular copyrights owned or administered by Plaintiff contained on the unlicensed brands of karaoke recordings identified as "CHARTBUSTER," "KARAOKE KLUB," "BACKSTAGE," "NUTECH PARTY PACKS," "MUSIC MAESTRO," "MAGIC TRACKS," "U-BEST," "FIESTA KARAOKE" and "HOT STUFF," which have been unlawfully advertised, distributed and sold by the BLUE MOON Defendants. While the manufacturer of the "CHARTBUSTER" brand of karaoke discs obtained a license from the Plaintiffs effective April 1, 2010, all distribution of the CHARTBUSER products prior to April 1, 2010 was unauthorized, unlicensed and constituted infringement of the Plaintiffs' exclusive right of distribution.
Click to expand...
 
Read the snippet below and my question to all of you is:

Does this mean that all the songs controlled by the publisher (Warner-Chappell) that were re-recorded, pressed, packaged and sold by Chartbuster prior to April 1, 2010 were in fact, "unauthorized" and "unlicensed?" Were they all licensed less than a year ago?

cbquote.jpg


BTW, I have the complaint if anyone would like to read it. (yeah, I spent the $1.36)

Click here for the PDF of the complaint
 
I have the complaint also. I would think that the best thing to do is to download and read the Exhibits to determine if they were properly licensed. However, I don't want to pay the extra for it. Anyone else?
Going through the complaint, the relief they are seeking specifically excludes the CHARTBUSTER tracks listed in Exhibit I, so I'm not sure what that's in reference to.
PS: Welcome back, Chip. (BTW, it still says "Temporarily Banned" under your name. LOL! )
 
Diafel said:
I have the complaint also. I would think that the best thing to do is to download and read the Exhibits to determine if they were properly licensed. However, I don't want to pay the extra for it. Anyone else?
Going through the complaint, the relief they are seeking specifically excludes the CHARTBUSTER tracks listed in Exhibit I, so I'm not sure what that's in reference to.
Click to expand...

Here you go: Click here for Exhibit I

Pay particular attention to the sentence in parenthesis at the top of page 1.... "unlicensed Chartbuster brand"...


Diafel said:
PS: Welcome back, Chip. (BTW, it still says "Temporarily Banned" under your name. LOL! )
Click to expand...

Thought I'd just save them the hassle later...
 
Looks to me like they were creating thier own discs or products using the mentioned manus - maybe SCDG's. Unfair competition is brought up several times.
Interesting they only sell Chartbuster discs/packs at this time.
 
Yes, I find it very interesting. However, they state specifically "While the manufacturer of the "CHARTBUSTER" brand of karaoke discs obtained a license from the Plaintiffs effective April 1, 2010, all distribution of the CHARTBUSER products prior to April 1, 2010 was unauthorized, unlicensed and constituted infringement of the Plaintiffs' exclusive right of distribution.
That says to me that they are NOT manufacturing their own copies. Otherwise, wouldn't it be infringement BEFORE April 1 as well?
 
Lonman said:
Looks to me like they were creating thier own discs or products using the mentioned manus - maybe SCDG's. Unfair competition is brought up several times.
Interesting they only sell Chartbuster discs/packs at this time.
Click to expand...

Nope.... If they were "creating their own discs" and using the Chartbuster logo, it would be counterfeiting and CB would be suing them for that as well would they not?
 
There has to more to it than that, otherwise every karaoke retailer would be in violation and why would they go after a little pi$$ ant company over the major internet karaoke retailers. I just believe there is more to it then selling specific karaoke manu discs with songs owned by this record company - that every karaoke retailer sold/sells.
 
Lonman said:
There has to more to it than that, otherwise every karaoke retailer would be in violation and why would they go after a little pi$$ ant company over the major internet karaoke retailers. I just believe there is more to it then selling specific karaoke manu discs with songs owned by this record company - that every karaoke retailer sold/sells.
Click to expand...

I'll agree that that there definitely "more to it than that" and it appears there is more here underneath....
 
It would seem Chartbusterette would be able to shed some light and I wonder why she didn't elaborate when she posted the link. Maybe she didn't want to spoil all of our fun speculating. We do it so well.
 
possumdog said:
It would seem Chartbusterette would be able to shed some light and I wonder why she didn't elaborate when she posted the link.
Click to expand...

I don't wonder.

possumdog said:
Maybe she didn't want to spoil all of our fun speculating. We do it so well.
Click to expand...

I doubt it.
 
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