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PostPosted: Sun Mar 20, 2011 11:29 pm 
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toqer wrote:
They're also doing it to pay off settlements from the Sync lawsuits.

Not sure where you are getting that from because it has been some time since any were sued for and settled with that!

Sure, losing sales to piracy is a pain, but it doesn't hurt as much as paying off settlements. That alone killed more karaoke companies than the piracy. It certainly cause Priddis to get out. DK and Pioneer said "Sayonara" to the US market, and let's not forget music Maestro and others that had to shutter their doors to avoid losing it all. Which US company had to throw their remaining inventory into a brush shredder as a result of Sync?

If you look at the number of MM DK etc etc. still on the market then the sherdder idea sort of falls by the way side. Having an understanding of what actually and when it actually happened that cause some of the legitimate karaoke manus to get sued and settle with the publishers or artist also helps some.

I've been thinking about this one a lot lately... More or less poking my own holes into the karaoke companies sudden motivation to perform lawsuits... Sure, they lost sales, but that's not the whole story.

It wasn't a sudden moivation to start filing lawsuits this was warned of and every KJ was put on notice 8 years ago that it was going to happen if piracy keep going at the pace it was going. Yes they lost sales by the millions how long were they supposed to continue letting that before doing something to bring it to a halt. And yes that is the whole story too many people are trying way too hard to make it into something insidious and it simply isn't.

You never hear them say that though.. It's always the fault of the pirates, they had no wrongdoing in this mess they've created.

I agree they are to some extent responsible for the mess they are in they should have hunted down the first KJ that shifted their disc for computer use without permission and sued them for the maximum amount that they could get without any offer for settlement. And then hit every new computer karaoke host that came afterwards. But without the pirates there would never have been a problem to begin with.

They threw out the debate of "Public vs Commercial" Back in the late 90's. When karaoke manu's saw people running karaoke shows, they were obligated to tell that isn't allowed. It didn't happen. Sales were super duper. They could have thrown a paragraph or two why that is the case in every CD insert but they didn't. Like water building up behind a dam, the karaoke market grew. I just got into karaoke at that time in 98.

I don't know where you are coming up with that one the debate would be public versus private performance, not public versus commercial! And many disc did have a disclaimer on it, some of which stated "not for public performance" (Dangerous) some had some had "not licensed for public performance" (All Hits) "Unauthorized public performance is prohibited" (Sound Choice) and the list goes on and on.

This started the age of "Not for commercial use" being printed on your discs. The water was just tipping over the dam. Piracy was just starting to hit, but neither of these were what cause the storm.

There were only a couple that every even mention commercail use and if memory serves me I believe one of those was (Pocket Songs) and in their disclaimer also stated something to the effect "without permission from the MMO Music Group in writing" but I believe that was for use in film, TV, Radio and Recording studios and booths.

2002. American Idol. Demand for karaoke grew exponentially. Internet was no longer a phenomenon, it was here to stay. Some companies sold out, quit, went away because facing the inevitable tide of lawsuits from license holders would be too much for most companies to bear (again, why they shuttered their doors). The liability created here was huge. Karaoke was no longer in the closet so to speak, everyone wanted it. Every license holder knew what it was, and sent a torrent of lawsuits the karaoke manu's way. The piracy compounded the karaoke manu's problems because now license holders think they should be able to negotiate more, not knowing that the karaoke market they see in the streets is a façade.

So where were the torrents of Lawsuits over the licensing? And yes you are correct it did become very popular and piracy exploded and here were are today with 90% of the karaoke on the streets being illegal copies that were stolen from the manus.

I almost see an entire strategy here to pay off those lawsuits. Not so sure anymore if it's really to fight piracy. How much of CDG sales go back into non-litigation based anti piracy? We know 0% is going into producing new tracks. Have they paid off any politicians to lobby, to change laws, to fix things?

Fighting piracy is an off shoot or a side effect of the lawsuits what the lawsuits are about is recovering some small protion of what was stolen from them. Why should any of them put recover money back into non-litigation antipiracy efforts those efforts wouldn't recover one dime of the money stolen from them or into producing new tracks which as long as there are those willing to pirate tracks they would be simply throwing their money away.

The cost of settlement is nothing for them but a postage stamp. The criteria for investigators would mark me as a target. I have no problem showing my discs (in fact, last few weeks I've shown several visiting KJ's that were sent from various karaoke companies my originals) I don't have to flip discs, or tweak sound. I have plenty of time to do that.

The cost of a settlement includes attorney's fee and time but I would say more power to them if all it did cost them was a postage stamp.

If you are running copied disc on your computer and using them in a public venue without the expressed permission of the manu then you are a "target" regardless of having the disc or not without the express permission you are still a violator. Why not simply request and go through an audit with the manus?

If you have KJs visiting saying they are from whatever karaoke company requesting to see your disc then you are being scamed.


It still is unsettling. It's unsettling because I know these people walk into my club with dagger eyes. Part of being an investigator is, you don't ask to see their originals. If you don't talk to the KJ and give them a chance to show you you're clean before you submit your report to the KIAA, they're a target.

That's balogna pure and simple.

There's other things to consider here too. Example, every other sync based property has moved to digital downloads. Movies, Music Videos, you can get them on Itunes anytime. I've approached karaoke companies so many times with offers of tech help, but every time they claim they can't because of sync restrictions..

Wait a second! Didn't I just watch Jurrasic Park on Netflix? Didn't I download a Mariah Carrey video from Itunes? Those have music moving to video.... and downloaded... what the hell?

How am I supposed to just sit here and ignore this? Let's lay down one more fact.

The karaoke companies have sync rights to their own materials. If all the licensee's are in agreement, they can dictate what medium they distribute from. More than that, they can use their own sync rights against us (which is part of what I'm seeing with the entire trademark infringement)

So you're not producing new tracks. You're protecting yourself from your past licensee's by saying, "We only distributed on CDG, we don't know why there's 30m karaoke shows in the US" Crying to the KJ's "It's all your pirating friends fault, especially the ones using PC's!" They fed this entire argument to the scene, and now I watch on these boards as there's a small, holy war going on between computer KJ's and disc based ones. Every disc based, non PC KJ instantly suspects a PC user of piracy.

In essence, they turned all the disc users into their own personal data gathering service. They don't have to waste a lot of resources to get the names and addresses of every karaoke company in the US.

Well played US companies. For a time I was falling for it, but I think I'm done with US karaoke companies. I hate to use terms like "Outsourcing" since I trained my replacement that took my job back to India with him, but it's the only way I can get content for my software (Thanks Tricerasoft/Mr Marcos)

I'll probably get a few disagreements here, but whatever. I've done my due diligence over the years. I was there for the KIAA formation meeting. I've gotten in touch with our local government and law enforcement. I've set up email meetings between various US karaoke manu's using my nepotism based connections into my local government to officials like Our police Chief, Our local Congress (Zoe Lofgren and Mike Honda) (Karaoke manu's dropped the ball each time) I've spoken publicly before our city council on the matter, I've talked ears off every cop and DA that walks into my club, I've argued ad nauseum about it on forums, written 100's of articles on my own websites. I drove around my city trying to recruit IP lawyers, who had no interest at all in working on contingency in an area rich with other IP cases.

They don't want it to change. There's a reason in that somewhere.


Now you are really confusing me because Pop Hits Monthly, Sound Choice and Chartbuster all three release their music in digital (MP3) form.

It sounds like you put a lot of work into this or that aspect of the karaoke situation but I have to ask have you ever done the real simple thing............ REQUEST an AUDIT?


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PostPosted: Mon Mar 21, 2011 12:18 am 
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Virgin Karaoke wrote:


It sounds like you put a lot of work into this or that aspect of the karaoke situation but I have to ask have you ever done the real simple thing............ REQUEST an AUDIT?


I'll take an audit anytime, anywhere. My system is so automated, I can do that. I can pull out my discs, while a show is running, and show them. It's a non issue for me. I don't have to make up any excuse about needing to "Adjust sound levels" I'm smart enough to build a self adjusting system. I only use the content in 1 location, it never leaves the venue, ever.

It's coming at me with dagger eyes that I don't like. It's the false positives (which by their standards, had the folks that I suspect were investigators not talked to me, and seen my collection on the spot probably would have marked me suspect) I have requested audits, many many many times over the years. I think between word on the street, my past actions, etc, most karaoke companies have no doubt to the validity of my 9983 songs that are currently in my collection.

There's nothing wrong with trying to get your local law enforcement or government involved. You're a taxpayer, it's your right as a citizen to try and build a bridge between your elected officials and the karaoke companies. I'm just a very motivated person. I do it not just for myself, but every do right KJ out here. I also do it because I was raised with an older set of values than most perhaps. My grandmother was WWII era, and I was raised to those standards. Made life tough, but I learned what it is to live "Beyond reproach" as she calls it, respecting my elders, and living a good life.


I do 100% good to protect that 80+ year old man in the picture I'm holding up.

One prime example of the investigations criteria. I do not use books. I use Kiosks, I use a PDF uploaded to our website. I use a google docs spreadsheet link, and I use our little android app. According to the docs I've read on the criteria of "What makes a pirate" a lack of books is one of them.

Maybe they think I'm too crazy to deal with... I don't think you'd argue that.

You know what blows people away when they see my collection...

-My Japanese Enka Laserdiscs are older than a lot of my customers. No really! Lonman, I know you have LD's and can attest to their age. I have content that is older than the young 20 somethings that come in.
-In 4 more years, kids that were born in 1994 will be coming into my bar. The same year the bar purchased it's original DKK set for $4999. Again, my content is aged. It's pretty awesome.

Virgin Karaoke wrote:

Now you are really confusing me because Pop Hits Monthly, Sound Choice and Chartbuster all three release their music in digital (MP3) form.


Not quite, Where are the downloads? Any downloads I've seen are without the CDG component. Other sync based industries are doing downloads, so enough with the excuse that "Sync licensee's won't let us do that" It's BS. If it can be negotiated for a Lady Gaga music video, film, etc it can be negotiated for karaoke.

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Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Mon Mar 21, 2011 12:45 am 
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Let me throw some other stuff out here Virgin...

I would love to work with the US companies. We're about to launch a jukebox that legally fills itself with content thanks to tricerasoft. Because the US companies focus is in such a terrible direction, I am forced to outsource to other countries.

Ergo, American studios will lose jobs over their own actions/inactions.

If they would just focus on fixing their agreements with licensees instead of these lawsuits and raising an army of data collectors things could be fine. Pirates could become a non-issue.

In case any US companies are reading this, you need to do the following.

1. Setup a US based download site for US based mp3+g.
2. Provide a sane API so programmers can interface your site and payment system.
3. One shortcut to all this, Be nice, and contact Gai Marcos at tricerasoft, I'm sure he'd be happy to help you.

That's it.

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It's like the difference between high and low budget toilet paper, it really doesn't matter in the end. -exweedfarmer

Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Mon Mar 21, 2011 1:31 am 
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Oh as far as being "Scammed by investigators"

The folks that have visited me, I know were sent my way by one karaoke manu for a fact, they had discussed it at mobilebeat. I had it on word of the karaoke manu that they would be visiting me at some point in the future. Like I said, dagger eyes on walking in. They were blown away by my setup and felt compelled to introduce themselves as KJ's to me.

After a bit of discussion (and showing off my CDG's) they asked me if I would become an auditor for this area, starting by auditing them. I declined. I just can't get behind what I feel in my heart is going to be losing strategy. It's not *just* that it's a losing strategy to me, but it's also the fact that these companies are driving ahead with blinders, while the rest of the software folks (like me) are left by the roadside by them. They're stifling innovation, and losing jobs for themselves and other Americans. We'll do just fine using import karaoke.

During the discussion I showed them what I've been showing karaoke companies all along. A model for fixing things, that is working now. A model backed by over a decade of success and 2 years of solid financial data. After discussions, this disc based couple was asking me to help convert them. They're more interested in working with me, than the karaoke manu that sent them.

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It's like the difference between high and low budget toilet paper, it really doesn't matter in the end. -exweedfarmer

Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
-me


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PostPosted: Mon Mar 21, 2011 1:45 am 
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Lonman wrote:
Virgin Karaoke wrote:
earthling12357 wrote:
It is really very simple when it is all hung out on the line to dry, the manufactureres are simply doing this to try and suppress all those who have purchased their products and shut down the karaoke entertainment industry.

now if we can just figure out why they are doing this, perhaps you have the answer?

??? They are doing these suits in order to recoup the monies that were stolen from them when a pirate gets a hard drive loaded with their music on it in which the manus didn't see a dime of. What's hard to see about that?
Shutting down the karaoke industry? Thank the pirates for that as well, since they are the direct reason these suits are being brought up, and why manufacturers are not making as much music as they once had in the past. Why put out new music when it's going to be on every pirated drive or download site the same day?


That is a completely inaccurate quote.
I never said any of that!
The words have been twisted to apply a new meaning to what I have said for the purpose of mounting an argument against a statement I never made.

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PostPosted: Mon Mar 21, 2011 6:17 am 
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earthling12357 wrote:
Lonman wrote:
Virgin Karaoke wrote:
earthling12357 wrote:
It is really very simple when it is all hung out on the line to dry, the manufactureres are simply doing this to try and suppress all those who have purchased their products and shut down the karaoke entertainment industry.

now if we can just figure out why they are doing this, perhaps you have the answer?

??? They are doing these suits in order to recoup the monies that were stolen from them when a pirate gets a hard drive loaded with their music on it in which the manus didn't see a dime of. What's hard to see about that?
Shutting down the karaoke industry? Thank the pirates for that as well, since they are the direct reason these suits are being brought up, and why manufacturers are not making as much music as they once had in the past. Why put out new music when it's going to be on every pirated drive or download site the same day?


That is a completely inaccurate quote.
I never said any of that!
The words have been twisted to apply a new meaning to what I have said for the purpose of mounting an argument against a statement I never made.


first I believe Lonman was addressing me and quoting from my post which addressed your post!


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PostPosted: Mon Mar 21, 2011 6:30 am 
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Toqer, if you're interested in an organization that's actually trying to help creative people protect their IP rights from the leeches who think they should be able to earn money from other peoples work without licensing it, check out The Copyright Alliance.

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PostPosted: Mon Mar 21, 2011 7:22 am 
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toqer wrote:
Oh as far as being "Scammed by investigators"

The folks that have visited me, I know were sent my way by one karaoke manu for a fact, they had discussed it at mobilebeat. I had it on word of the karaoke manu that they would be visiting me at some point in the future. Like I said, dagger eyes on walking in. They were blown away by my setup and felt compelled to introduce themselves as KJ's to me.

After a bit of discussion (and showing off my CDG's) they asked me if I would become an auditor for this area, starting by auditing them. I declined. I just can't get behind what I feel in my heart is going to be losing strategy. It's not *just* that it's a losing strategy to me, but it's also the fact that these companies are driving ahead with blinders, while the rest of the software folks (like me) are left by the roadside by them. They're stifling innovation, and losing jobs for themselves and other Americans. We'll do just fine using import karaoke.

During the discussion I showed them what I've been showing karaoke companies all along. A model for fixing things, that is working now. A model backed by over a decade of success and 2 years of solid financial data. After discussions, this disc based couple was asking me to help convert them. They're more interested in working with me, than the karaoke manu that sent them.



Then use import karaoke and don't worry about what the U.S. manus are doing, Juke Box karaoke has been tried before a couple of times and failed miserably, there was a reason for that, perhaps you will be the one to actually make it work in some small fashion. In fact there are some host who's shows would rate right up there with Juke box karaoke (no personality, no interaction, no sound adjustment etc. etc.) I hope that you are the one to finally make it work on more than just a very limited scale.

But I do have a question is Tricersoft going to allow you to download the songs on a per use scale or are you going to purchase the songs outright for each system?


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PostPosted: Mon Mar 21, 2011 8:30 am 
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It sounds so simple to say just get audited but they really don't have a system in place to readily do audits on the scale that is needed. We can't get one in the near future. And then, how will they maintain it? We have bought 6 more discs just last week. I had faith in the system until I tried to get in it. Then I thought, how will this ever really work?


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PostPosted: Mon Mar 21, 2011 10:46 am 
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Virgin Karaoke wrote:
But I do have a question is Tricersoft going to allow you to download the songs on a per use scale or are you going to purchase the songs outright for each system?


They're going to be purchased on a per song, per system basis. The entire download will be invisible to the user, as far as they know, we HAVE the entire tricerasoft catalog.

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Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Mon Mar 21, 2011 10:49 am 
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It is very simple just contact Sound Choice or Chartbuster and ask to setup an audit, it will be arranged with/for you.

There are other options being put into place to do audits, but they aren't going to happen overnight!


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PostPosted: Mon Mar 21, 2011 10:51 am 
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toqer wrote:
Virgin Karaoke wrote:
But I do have a question is Tricersoft going to allow you to download the songs on a per use scale or are you going to purchase the songs outright for each system?


They're going to be purchased on a per song, per system basis. The entire download will be invisible to the user, as far as they know, we HAVE the entire tricerasoft catalog.



So a singer would pick a song and the system would then purchase, download and then play the selection and then it would be part of that system?


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Exactly how the system works.

I don't have to pre-pay for content that won't even get sung. Since it's automated, I don't have to be there to run things. My price on Jukes will be.

$125 @ week equipment lease plus usage.

Usage is defined as $1@song. They can make their customers pay that, or they can pay it. No pirate will bother trying to price themselves so low.

Just on that alone, I should be able to clear about $16k@year per, running on what amounts to $1000 worth of PC and speakers. I'll also have the distinct advantage of running karaoke at places most people wouldn't set foot in. The venue never owns the songs or the system, I do.

On that note, we're building protections in so venues' can't crack the PC open and steal our songs. One of the key tools we'll be using is truecrypt encrypted file storage (Think bitlocker for windows 7, only it runs on everything). Upon startup each system connects to our site over a thawte verified SSL connection to our billing database to see if the customer is up to date on payment.

If they're up to date on payment, the application receives a public key from the server, that gets compared to the private key on the jukebox. Each juke has it's own, unique signed private key. If the keys match up, then the application has access to open the truecrypt store. The only entity on the machine allowed to go in and out of the truecrypt store is our software. No windows explorer, no CMD line access, nada. They break my box open, they get nothing.

Files are decompressed to ram for playback. No temp files.

On audits:
SC has a signed contract with us for the GEM series we purchased a few months ago, so we're already opened for audit. Why don't you call them and ask if you can be my audit agent on their behalf, since you seem so concerned with it. I'll even pay your bus fare one way. You'll have to stay at a hotel, my house is full with 2 kids 1 and 5, wife, dog.

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It's like the difference between high and low budget toilet paper, it really doesn't matter in the end. -exweedfarmer

Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
-me


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PostPosted: Mon Mar 21, 2011 1:41 pm 
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I'm not here to argue about audits by the way...

I'm merely pointing out a huge hole in the US producers argument of Sync being too restrictive for them to offer US based downloads.

They have to renegotiate their contracts, plain and simple. The licensee's are allowing for it (as I pointed out with earlier examples of netflix/itunes,etc) It's their cost of doing business. In interest of this threads primary discussion of downloading songs on the fly... Do you agree or disagree?

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Living my life as Robert Cortese, 162 E. Jackson St, San Jose CA.

It's like the difference between high and low budget toilet paper, it really doesn't matter in the end. -exweedfarmer

Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Mon Mar 21, 2011 5:42 pm 
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The word "karaoke" s covered by the words "audio" and "visual", the same as a Motor Vehicle Act uses the word "vehicle" to cover coupes, sedans, motorcyles, big rigs etc. Now there may be special laws pertaining to the last two and are identified in the Act as so, but they all have to obey traffic sign, drive on the right hand side (at least in most of the world, LOL), follow the rules of the road, etc. In other words, unless there is a specific reference, then karaoke follows under anything audio and visual.

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PostPosted: Mon Mar 21, 2011 8:17 pm 
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toqer wrote:
I'm not here to argue about audits by the way...

I'm merely pointing out a huge hole in the US producers argument of Sync being too restrictive for them to offer US based downloads.

They have to renegotiate their contracts, plain and simple. The licensee's are allowing for it (as I pointed out with earlier examples of netflix/itunes,etc) It's their cost of doing business. In interest of this threads primary discussion of downloading songs on the fly... Do you agree or disagree?


I agree with you, toqer. In fact the cost of sync licensing has come way down in the past few years. So far down that the folks that used to make a living writing "work-for-hire" TV and movie scores, or music for commercials are taking a hit in their income because it's cheaper in many cases to just pay for a sync license for music already written. I made a bit of money last year from a tune licensed for an indie short film for that very reason.

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PostPosted: Mon Mar 21, 2011 9:12 pm 
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Moonrider wrote:
I made a bit of money last year from a tune licensed for an indie short film for that very reason.


Even with one, that's one more than I've ever done :)

So as a licensee moonrider, do you have an issue with US companies offering sync karaoke downloads?
I'm guessing you would have no problems with it.

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It's like the difference between high and low budget toilet paper, it really doesn't matter in the end. -exweedfarmer

Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
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PostPosted: Mon Mar 21, 2011 9:16 pm 
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You know who else probably wouldn't have a problem with karaoke sync downloads? Trent Reznor. He's released his entire album source in multitrack format.

http://ninremixes.com/multitracks.php

It's not impossible to get a download license. There are artists/songwriters/producers/agents out there willing to do it.
Pennies from heaven are nice, even if they are just pennies.

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Living my life as Robert Cortese, 162 E. Jackson St, San Jose CA.

It's like the difference between high and low budget toilet paper, it really doesn't matter in the end. -exweedfarmer

Which is smarter? Just sticking to making/selling karaoke, while people all over the world create software FOR FREE that helps you sell it, or trying to compete with them and keeping it a closed loop while you blow your money into an industry (software) that you(the karaoke manu) knows nothing about?
-me


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PostPosted: Tue Mar 22, 2011 5:50 am 
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toqer wrote:
So as a licensee moonrider, do you have an issue with US companies offering sync karaoke downloads?
I'm guessing you would have no problems with it.


They pay my licensing fees, I'm happy. Since I keep control of my own publishing, all it takes is a phone call or an email to set up a meeting with me to work out an agreement for a combination license that covers hard copy sales, downloads, streaming and how I expect the numbers to be documented.

There's nothing in US law that prevents the owner of IP from working out just such an agreement. Just like there's nothing stopping an IP owner from negotiating a lower or higher mechanical royalty rate than the compulsory rate (although you'd have to do a real snow job to get a higher than compulsory rate).

The primary intent of ALL IP law is to encourage creative people to create new things by making sure they are rewarded for doing so, and protecting them from those who would steal their work.

( Oh . . . 'bout that karaoke jukebox, toqer. I'd get in touch with the area reps for the JLO (Jukebox Licensing Office) to see if it would be covered under a current jukebox license. The "ASCAP and BMI fees already paid" at $540 per YEAR for two boxes might be a good point to flog to the bottom feeder karaoke joints, and a direct strike at the "burger and booze" pirate hosts )

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