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  #1  
Old Oct 15, 2002, 01:45 PM
Colbol Colbol is offline
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Default Backups ( The Law )?

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CD+G ISSUES ( Provided by Sound Choice Karaoke ).

The original purchaser of a CDG discs may make ONE backup copy of his/her disc that is put away and archived.

The ORIGINAL disc is to be used in shows.

If the original is lost or damaged the BACKUP can be used.

If that BACKUP is lost or damaged then you must purchase ANOTHER ORIGINAL.

There is only a ONE TO ONE correlation of ORIGINAL to BACKUP discs.

It is ILLEGAL to use an ORIGINAL disc as a master disc to copy more than one disc to use in multiple rigs.

It is ILLEGAL to use or swap copies of backup discs.

It is ILLEGAL to use the ORIGINAL discs as a master and use the ARCHIVE BACKUP in your shows so that when the BACKUP copy is worn, lost or damaged, you treat the ORIGINAL like a master disc to make multiple backup copies or more than one backup discs.

It is ILLEGAL To buy one disc and make multiple copies of it to use in more than one rig or on multiple rigs.

It is ILLEGAL to use the BACKUPS in a second rig and the ORIGINALS in the first rig.

A third party can make you a backup copy as long as they do not make one for themselves, swap backup copies with you or make multiple copies for you.

A ONE to ONE correlation of ORIGINAL to BACKUP is within your right. ANY other combination is ILLEGAL.

Running the backups in your rig rather than store in archives is ILLEGAL.

If you were to add another complete rig to do multiple shows you would need to PURCHASE A COMPLETE LIBRARY OF ORIGINAL DISCS for that second rig.

This is not a "Karaoke " law. IT IS THE LAW.
  #2  
Old Oct 16, 2002, 11:45 AM
DarkDog UK DarkDog UK is offline
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Default Law

Is that US/EC/UK Law?
  #3  
Old Oct 16, 2002, 02:43 PM
vinniedub vinniedub is offline
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Sound Choice Law
  #4  
Old Oct 16, 2002, 03:50 PM
Colbol Colbol is offline
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Here is the full article ( Sorry I don't have the link anymore ).

"It all begins with a song"
Songwriter — the very lifeblood of the music business and one of the most lucrative aspects of the music industry. Writing one song that becomes a standard (Willie Nelson’s "Crazy") would set you financially for life if you did not sign your rights away (like the Beatles or any group of the Sixties). The songwriter needs the publisher for several reasons. They hope the publisher collects, distributes and administers all royalties to him from: live performances of the writers song(s), radio airplay of his song, jukebox collections, sale of albums via an artist, TV rights, commercial rights (Nike, Coke, Reebok) derivative works (parodies, Muzak and other variations) and now Karaoke licenses. A publisher’s second job is to place a songwriter’s song with an artist or use. A publisher tries to match an artist’s personality with the songwriters’ tunes. This is what is known in the industry as "shopping a tune." (Amy Grant would not sing a song titled "The Horizontal Boogie") Enforcement of the songwriters’ catalog of copyrights is also one of the publishers’ duties.
Where friction is caused between the writer and publisher is the age old battle of art verses commerce or the commercialization of art. Most artists seek a publisher with common ideologies. Examples would be "make money anywhere, anytime, anyway" philosophy or "my songs are sacred and no one gets them" school of thought. Finally, my songs are gifts from heaven and should be shared by all, free of charge.
ASCAP - BMI - SESAC -collect performance royalties. Examples would be: coliseums, arenas, stadiums, TV stations, Radio stations, restaurants night clubs, bars, music on hold, buildings that have piped in music (Muzak), malls, talent shows, airplanes, hotel/motel, aerobic clubs/health clubs, Circus’s, educational institutions — anytime music is used for public performance. There are generally three types of ways to collect: Blanket license for most buildings and fixed installations of music playback equipment where there is a commercial use. Per Event/Use for one time shows or events. Reporting, Audits, and Monitoring which is generally used in the radio and broadcast industries. Sound Choice does not have to pay any of these royalties.
Songwriters affiliate with one of these organizations to collect performance money. These groups do not collect for the sale of any product. Remember, the physical product (CD, cassette, videotape etc.) and the intellectual material (performance) are two different things. An ****ogy would be a book is just paper, but take thousands of words arranged a certain way and you get a scary Stephen King novel.
Sound Choice deals strictly with those royalties that make up our product. We are not concerned about performance royalties. We need to be granted different licenses to make up our different products.
Mechanical Rights - a license fee - a flat fee called the Statutory Rate set by the Copyright Royal Tribunal (US Government) that sets the rate (currently at .0695 per song per copy) for every time a song is "mechanically fixed" in a medium ( i.e. CD, CD+G, records, cassettes, video tapes etc.). The main clearing house for mechanical licenses is the Harry Fox Agency in New York City. Harry Fox is not a living person.
Compulsory License - If a publisher does not wish to "participate" in the licensing of the song, you can record their tune and "force" them to take the money by filing for a Compulsory License. With this type of license you must report accounting once a month as opposed to quarterly with Harry Fox .


Reprint Rights - are requested directly from the publisher who controls the copyright. These organizations may be large and well known or in the back of someone’s trailer. Sound Choice tries to include lyrics for each of its songs. Lyric licenses are for the words only and not the musical notation or notes found in music books. Those are standard musical notation reprint rights and are different from just having the words.
However not all of our product receives reprint licenses. We may not be allowed to use them (some Disney or ABKCO), or one writer may hold out on his share of ownership of that song (Jackson Browne - Take It Easy) or are to expensive to use (Clint Black written songs) or they hate Karaoke and do not wish to be associated with the format (Gloria Estafan, Garth Brooks, Andrew Lloyd Webber). These lyric licenses may be granted or rescinded at the will of the songwriter at any time. Getting the lyrics in the catalog one time does not mean it will always stay. Likewise a songwriter may change publishers or publishers may buy or sell a writers catalog. The ability to deny or receive a lyric request sometimes moves with a writers publisher.
Synchronization Rights - Using visuals or graphics with the music. In the sense of CDG it is a mechanical and reprint right all in one. Sound Choice will probably go directly to each publisher to ask for this permission. We will pay an advance against future sales as well as a fixing fee which allow you to "affix" the music with the visuals. MTV, movie scores and movie soundtracks and Karaoke LD’s are clear examples of synchronization use.
FAQ
"I have a Karaoke machine and I want to record my voice on the other side of the machine. Can I do this?" Yes. If they have bought our tracks and want to use it for personal, non-commercial use. This is what is called Fair Use. The owner of the tape is allowed one copy per tape.
"I have some of your tapes and want to use it for a demo to get singing jobs. I want to make multiple copies of this demo and do not plan on selling it." Do I owe anything to you? Yes. This is a commercial use even though you are giving it away. Permission must be granted and mechanical royalties are paid directly to the publisher at what is called the Statutory Rate ( currently .0695 cents per song per copy). You must pay a master track fee for the use of each Sound Choice song. ($150.00 per song)
"I have some of your tapes and want to use it for an album. I want to make multiple copies of this recording and I plan on selling it." Do I owe anything? Yes. This is a commercial use. Permission must be granted and mechanical royalties are paid directly to the publisher at what is called the Statutory Rate (it is currently .0695 cents per song per copy). You must pay a master track fee for the use of each Sound Choice song. ($150.00 per song)
I have some of your tapes and I want to transfer it to a recordable CD and use it to cue up your songs faster for my show that I earn money for. Do I owe more fees? No. You have purchased our tracks and it is considered Fair Use.
"Can I use your karaoke media for my recording booth at the back of my store. My customers want to make a quick demo of themselves and they are buying the karaoke media." Yes, as long as there is a one-to-one ratio of a karaoke media sold for every recording made.
"Can I use your karaoke media for my recording booth at the back of my store. My customers want to make a quick demo of themselves and they are NOT buying the karaoke media." If no purchase of the karaoke media is made then that media becomes a "master source" of which a master track fee should be paid. Retailer booth owner cannot use ONE CDG as a master for multiple copies. We do have a MASTER TRACK LICENSE program for booth operators though - any other variation is ILLEGAL
"I am singing at the Super Bowl this coming January and want to use your tape for national TV during half-time. Do I owe anyone anything?" No. Our tapes are made for performing, however the venue must pay a performance royalty for the song sung at the stadium and for broadcast.
"We are a non-profit Church group wanting to use your public domain Christmas music to make a tape for resale to raise money. So I don’t have to pay anything do I ?" Wrong. While the church group does not owe any royalties to a publisher because the music is public domain they will have to pay Sound Choice a master track fee ($125.00) for the use of our public domain rendition. Most churches are tax exempt and non-profit, but this does not mean anything when it comes to royalties and collection of fees.
"We are using your tape for a third grade sing-a-long. Can I make thirty copies of this lyric sheet so the kids can use them to learn the song" Yes. Under the Copyright Law educational use is exempt in this case.
"We are using your tapes for a thirty hour non-stop Karaoke sing-a-long contest where the winner will receive $5,000. Can I make thirty copies of your lyric sheet so the crowd can use them to participate?" No. This is a commercial use. Permission must granted by the publisher.
"Can I enlarge one copy so everyone can read it" Yes. They can make a copy under Fair Use.
"Can I take your CDG’s, transfer them to videotape, and send CDGs and VHS to my brother overseas at the Army base because he only has a VCR." Yes. A copy may be made under provisions of Fair Use.
"Can I take your CDG’s, transfer them to videotape, keep the CDGs and send the VHS to my brother overseas at the Army base because he only has a VCR." No. That would be an illegal copy.
"Can he make copies of his videotape and sell at the base." No. This is a commercial use. Permission must granted and royalties are paid directly to the publisher. You must pay a master track fee for the use of each song. ($125.00 per song)
CD+G ISSUES

The original purchaser of a CDG discs may make ONE backup copy of his/her disc that is put away and archived.

The ORIGINAL disc is to be used in shows.

If the original is lost or damaged the BACKUP can be used.

If that BACKUP is lost or damaged then you must purchase ANOTHER ORIGINAL.

There is only a ONE TO ONE correlation of ORIGINAL to BACKUP discs.

It is ILLEGAL to use an ORIGINAL disc as a master disc to copy more than one disc to use in multiple rigs.

It is ILLEGAL to use or swap copies of backup discs.

It is ILLEGAL to use the ORIGINAL discs as a master and use the ARCHIVE BACKUP in your shows so that when the BACKUP copy is worn, lost or damaged, you treat the ORIGINAL like a master disc to make multiple backup copies or more than one backup discs.

It is ILLEGAL To buy one disc and make multiple copies of it to use in more than one rig or on multiple rigs.

It is ILLEGAL to use the BACKUPS in a second rig and the ORIGINALS in the first rig.

A third party can make you a backup copy as long as they do not make one for themselves, swap backup copies with you or make multiple copies for you.

A ONE to ONE correlation of ORIGINAL to BACKUP is within your right. ANY other combination is ILLEGAL.

Running the backups in your rig rather than store in archives is ILLEGAL.

If you were to add another complete rig to do multiple shows you would need to PURCHASE A COMPLETE LIBRARY OF ORIGINAL DISCS for that second rig.
This is not a "Karaoke " law. IT IS THE LAW.
  #5  
Old Oct 16, 2002, 05:43 PM
DarkDog UK DarkDog UK is offline
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Cheers Colbol, that's probably the most in-depth reply I've ever seen!

Certainly an eye opener to me.

So. With the mention of cents and dollars, I guess that's the U.S.A. version of the law then?
  #6  
Old Oct 16, 2002, 07:01 PM
modo modo is offline
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Quote:
[i]Originally posted by DarkDog UK [/i]
[B]Cheers Colbol, that's probably the most in-depth reply I've ever seen!

Certainly an eye opener to me.

So. With the mention of cents and dollars, I guess that's the U.S.A. version of the law then? [/B]
-------------
Yes, it is USA Law. In the UK you are not officially allowed to have even one copy. I do think that the situation will change before too long, even if only to save the Karaoke copanies` embarrassment. But for now..... no copies.
 

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