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Paradigm Karaoke said:this one hit me kinda funny.....i was not aware that ASCAP, BMI were only able to follow with civil action. Score 1 for Pro teaching me something i did not know.
on that same line.....
is the manus actions for their asset recovery also a civil tort and not law enforcement like ASCAP, BMI?
ASCAP, BMI are private, like AC, CB, Stellar, and issuing licenses for the privilage of playing their material, like legally purchased CD's and PC tracks
how does it differ when the karaoke manus (private) issuing licenses for the privilage of playing their material, like legally purchased CD's and PC tracks?
Copyright infringement is CIVIL law. This is essentially using something in a way that crosses the protections reserved in the copyright.
Piracy (a form of counterfieting) is CIMINAL Law. This is the actual distribution of material, either as counterfiet product, or replication specifically to avoid multiple purchases or royalties. Hence, file sharing, duping CDs and HDs ae all forms of distribution when the product is intended or ends up in the hands of multiple users. You might have noticed that people targeted by the RIAA law suits were not pursued for downloading - instead it was because they had hard drives open to the internet which enbabled distribution.
A single DJs format shift at worst is an infringement but, it remains only a technicality because it results in a circumstance where the palintiff could not demonstrate any actual damages. The lack of malicious or infringing intent usually negates statutory damages as well.
A mulit-op duping material many times over is piracy because he is redistributing the material without a license or permission. His main purpose is to avoid the cost of additional purchases, and hence he is counterfieting or pirating the material.
What then is the most likely "best" result if you sue a single DJ for format shifting? Well, you would be unable to demonstrate any actual damages, and in the absence of BOTH actual damages and an intent to infringe - you would likley not be awarded any statutory damages either. Thus, if you win on the technicality the only thing you can recover is your attorney fees - which the defendent can point out would not have incurred had you not wasted the court's time in the first place.