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![]() Sound Choice recently intercepted a friend of mine with a seizure warrant (served by the sherrif) for Copyright Infringement (aka: Piracy).
He lost revenues that night, and was also let go by the establishment, although he had been there for over two years performing. The seizure warrant included search and seize at his office/home. The home office search revealed that the KJ had originals for every copy that he was using, protected within a fireproof safe in an air conditioned room. In court the judge found the KJ not guilty, ruling that since Sound Choice, and many other companies profess their work to be "Software", not phonorecord (or audio of any type), and have been granted copyrights under that classification, that it falls into the category of computer software. The judge ruled that under the copyright laws (and most "End User Licenses") the purchaser of "Software" does not own it but is granted a license to use. Each license is granted to use on a single machine unless a "Site" or "Volume" license is purchased. Since the license is granted for single use by an individual or company the use of the software may be on any type of computer media, original CD, CD/R replication, computer hard drive, Jazz disc, Zip disc, etc., provided it may only be used one at a time. Example: Mr Musical (hypothetical company) has 6 KJ's and 1 set of original CD+G's. He has six parties scheduled for the fourth of July weekend. So he made six copies of the originals and archived the originals for safe-keeping (sic pun!). He has parties on Friday at 11am-2pm, 2pm-9pm, 7:30pm-11:30pm. KJ #1 begins his party at 11am and finishes at 2pm (copy #1) KJ #2 begins his party at 2pm (copy #2) KJ #3 begins his party at 7:30pm (copy #3) KJ's #1 and #2 are operating within the definition of the software licensing agreement. KJ #3, beginning while KJ #2 is still using the software is blatanly operating outside of the licensing agreement, and the company is now liable for "Violation of License Agreement." To Sound Choice, and all of the Karaoke producers I wish to extend a suggestion that will increase your revenues and permit companies with multiple employees to operate legally. Let's see which company is the first to adopt any them: 1) When a company purchases a CD+G they would be liable to disclose the number of KJ's that could be using the disc (or copy of same) and pay an additional amount (one dollar $1.00 would be nice) per KJ. 2) Pay a "Site Licensing" fee annually for the right of all KJ's in the company to utilize copies of the software. Thanks, DJ Wild Bill |
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