Professional Musicians

[muzicman144]

Originally Posted by mindonstrike

You asked In this scenario it is not legal - no different than using the burnt disk for a karaoke show. If you own the original then yes it is legal.

If you recreate the music in your home studio and use that recreation in your performance then the music industry gets there royalties from ascap, bmi, etc. Those associations pool all those fees and split it up based on some mathematical formula and pay it to the song writers (original artist get some as well since this covers DJ's also). If you use a karaoke track then along with the association fees the song writers will get a royalty from the songs on that disk just as the songwriters and original artists will get a cut from the music CD the DJ purchases for his music.

Sam

I understand how the royalties are distributed, but i don't believe i'm explaining my question correctly. Your response seems to only address the karaoke issue of burning some one else's disc. I'm asking why one is illegal and the other is legal when both are using copyrighted music, re-created on a computer file and used in a paid performance.

Example 1.
A musician makes his own music tracks of a copyrighted song, using his own instruments in his home studio, puts it on a computer file and uses it in a paid performance at a club that pays its music industry fees. No one gets royalties from his use of the track, only the share from fees that the club pays the industry.

Examle 2.
i buy a karaoke disc, burn a track of the copy of a copyrighted song, put it on a computer file and use it in a paid performance at the same club that pays its music industry fees. The music industry collects the club fees PLUS the royalties from my purchase of the karaoke disc for distribution to those due compensation for their copyrighted works.

Quite a bit of difference

muzicman144