Oprah Karaoke Challenge...

[Chad Slater]

Oprah is doing a karaoke challenge (http://www.oprah.com/article/oprahsh...araoke-contest) and I had some questions about the legality of it. I am sure it is legal is some sense because Oprah has it on her site and show. So I have had singers ask me if I would bring a camera and record them singing and then give them a copy of the "act" to send in themselves.

Would this be illegal due to copyrights etc? No $ is being exchanged, I just don't want to get myself in any hot water. Any thoughts would be appreciated!

-Chad

[billyo]

Originally Posted by Chad Slater

Oprah is doing a karaoke challenge (http://www.oprah.com/article/oprahsh...araoke-contest) and I had some questions about the legality of it. I am sure it is legal is some sense because Oprah has it on her site and show. So I have had singers ask me if I would bring a camera and record them singing and then give them a copy of the "act" to send in themselves.

Would this be illegal due to copyrights etc? No $ is being exchanged, I just don't want to get myself in any hot water. Any thoughts would be appreciated!

-Chad

it might be better if you use their own camera, i wouldn't think it will be illegal

[ddouglass]

The legal issue here is that they have to bring their own disk and sing from it for you to legally record them.

[billyo]

i once read on an entertainment news that Ellen Degeneres was sued by a co. for using some of the songs in her show w/o a permit, that might be the same case with you if you sent in a video of someone singing ,using somebody elses song w/o a permit, especially if it's a national contest and that might be considered as promoting your singer.(s) i might be wrong

[Musicman51]

Chad here's a little Tort 101. First, you're not recording an illegal act {no matter how bad the singer sings} although with some singers it comes close to murder of a song. It's not against the law for someone to record themselves, your song or theirs period! Now....what they do with the song is what is the problem. And that you have no control over. The "Fair Use Law" has many grey areas, but this is crystal clear. You are allowed to record yourself for your own use, you are entitled to one copy of that recording, not to be given away or sold thats how it reads black & white. They are doing the recording, you're not. So don't loose sleep over it. As long as it's not for money and you're not making a dime off of this, so no laws are being broken. And believe me oprah and her production company don't do things to get themselves sued, they have powerful lawyers who must have given her their approval right before they gave her their bill. Chad if it makes you feel a little uncomfortable pass on it. You certainly wouldn't want to open up others dragging their cameras and recorders along to your show all the time either expecting you to be Allan Faunt {you have to be old to know who he was}. Now, on the brighter side...Oprah has given away a free car to everyone in her audience, don't worry chad, this gal is loaded..she'll spring for your bail.

[bryant]

Originally Posted by Musicman51

Chad here's a little Tort 101. First, you're not recording an illegal act {no matter how bad the singer sings} although with some singers it comes close to murder of a song. It's not against the law for someone to record themselves, your song or theirs period! Now....what they do with the song is what is the problem. And that you have no control over. The "Fair Use Law" has many grey areas, but this is crystal clear. You are allowed to record yourself for your own use, you are entitled to one copy of that recording, not to be given away or sold thats how it reads black & white. They are doing the recording, you're not. So don't loose sleep over it. As long as it's not for money and you're not making a dime off of this, so no laws are being broken. And believe me oprah and her production company don't do things to get themselves sued, they have powerful lawyers who must have given her their approval right before they gave her their bill. Chad if it makes you feel a little uncomfortable pass on it. You certainly wouldn't want to open up others dragging their cameras and recorders along to your show all the time either expecting you to be Allan Faunt {you have to be old to know who he was}. Now, on the brighter side...Oprah has given away a free car to everyone in her audience, don't worry chad, this gal is loaded..she'll spring for your bail.

here we go again

[Musicman51]

here we go again? don't understand?

[ddouglass]

I really debated on wading into this but to clarify I will.
"You are allowed to record yourself for your own use, you are entitled to one copy of that recording, not to be given away or sold thats how it reads black & white." This does not say you can have them use your music to record themselves. Thus they would have to supply you with the music and then record it themselves.
As far as the contest goes I am sure there is a disclaimer that protects them from illegal recordings sent to them. As you say her high-priced lawyers would have made sure that they would not be responsible.

[Musicman51]

And the debate continues.....

[admin]

Originally Posted by Musicman51

And the debate continues.....

Dale is right. If it is YOUR music you are recording (or better... they are recording) them singing, then you are illegal in giving a copy of the song you paid the license fee to perform.

If they bring their song, it is legal for them to record it (or you, but I wouldn't to prevent encouraging others to look to you for this "free service"). Think about it... it will reduce the number of singers up each night, and that will make your "Regulars" unhappy. NOT GOOD... no benefits for you whasoever!

Who knows how many hours it will require trying to find who to pay a performance license to, and how much $$$$$?

If your customer sends a copy of them singing a song they paid ONE use license for, I GUARANTEE Oprah's requirements is that YOUR SINGER sign a waver that they have the right to provide the music and Oprah's show is not liable. Conversely, she has the power to reach the Publishers and work out a deal to pay "something" to make them lay back down and not bark!

If Oprah makes the SINGER sign a waver, I'd get out of Dodge as fast as I could and not participate. Frankly, I'll be shocked if Oprah requires this. Her Attorney's know for sure that the submitter is going to get sued... unless Oprah covers the licensing!

If YOUR customer (THE SINGER) doesn't get the license to have this song performed on public TV, THEY WILL BE SUED... I'd not sleep at night if I were them. As for you, be sure you're not involved (playing their song is not illegal on your part) and DO NOT send the song for them.