[christian55]

It is illegal under the Fair Use Law to make more than one backup copy of sound recordings or Software. Karaoke isn’t considered “Computer Software” and doesn’t fall under the “Single Machine” use that you claim it does. Single Machine use isn’t a copyright issue, it’s a separate license that software companies grant you separately when you purchase their software. In your hypothetical KJ situation where the KJ company purchased one copy of the music, made six copies, then hired 3 KJ’s to do a show, is illegal Here’s why.

1. Karaoke is protected under the Sound Recording Copyright Law, not Software or End User agreements
made between software companies and the consumer.

2. “U.S. Code” as you say it concerning “Phonorecord” includes any recordable media, not just Vinyl Records.

3. Karaoke companies pay several licenses to produce the content including but not limited to:
Mechanical License: the right to reproduce the SOUND RECORDING.
Sync License: the right to use CD+G (NOTE: THIS IS NOT A SOFTWARE LICENSE)
Re-print License: the right to reprint the lyrics on screen and on printed media.

4. Software companies have the right to give you whatever license they please which
coincidentally, a person agrees to when they break the seal of a piece of Software.

5. The term “Phono Record” that you use so lightly covers, CDs, tapes, Digital files (MP3s, etc), and
ANY other media used to play and/or record sound and music

6. Even though the “Single Machine” term doesn’t apply, you’re still reporting in error. For software, use is limited to the software being installed on a Single Machine, for SINGLE USE. It does not cover multiple copies for multiple employees, used multiple times. It never has been and it never will.

7. One can purchase a “Company License” that give the user certain rights. Example. Priddis Music provides a license agreement for such a thing. Depending upon usage, a user can expect to pay from $100-$1500 per song. It’s cheaper for a KJ to buy another disc. In fact, it may be lower. Has a KJ ever requested a multiple use license?

8. In Section 108 of the Copyright law, whether it’s software or music, the “Backup Copy” is used for archive, not for use or performance.

9. If the KJ is playing his music in a club or publicly, ex: anywhere except his home or in front of his family, he needs to obtain a performance license.

The bottom line is that making several copies so that an entire DJ/KJ company can use the songs is illegal. It cheats the karaoke companies that you rely on to produce the music that your clients enjoy singing. Just as you may think it’s unfair that this KJ lost the account that he was using illegal music in, it too is unfair that the karaoke company lost out on revenues from his illegal behavior. Even though the local court didn’t rule in favor of the karaoke company, you didn’t report the whole story. Illegal behavior like this only hurts your business. There are so many points to argue. In Section 114, it states that 50% of proceed gained from transmission of sound recordings shall be paid to the copyright owner. Do any karaoke companies go after that one? How would you like to be forced into paying 50% of your income to the karaoke music manufacturers? I didn’t think so.

Buying a separate original copy of music for every KJ seems like a small price to pay. Wouldn’t you rather be legal and continue to have karaoke music to buy and play at your gigs. On another note, the RIAA just announced that by the end of the year, thousands of law suits will be filed to individuals sharing music over the net. When will KJs be the focus of the RIAA? I’ll bet sooner than later. If I was a KJ, I would make sure I’m legal.

On a positive note for KJs. I know Priddis offers a disc replacement to all KJs if their Priddis Disc becomes damaged or unplayable, they’ll replace it. Send the disc in for replacement. At one point, I know they were even replacing the competitions damaged discs if they had the songs in their own catalog.

KJs are an important part of making karaoke available to the masses, and a key element in delivering new songs on a gig-to-gig basis. Most karaoke companies will reward KJs for being honest and legitimate. If you’re a KJ wanting to be legal, contact your music macufacturer and see what kind of agreement you and the karaoke company can come up with. Let’s help each other out by being legal and then we’ll all have a business that will last.

References: Copyright Law, Section 108 Limitations on exclusive right: Reproduction by libraries and archives; Section 101 – Definitions; Section 117 – Limitations on exclusive Rights – Computer Software; Section 118 – Performance and broadcasting.