Is it legal?

[ddouglass]

Originally Posted by orerockon

That's some pretty terrible advice. If no one makes a profit from it, you certainly can. If you do profit, or if the establishment profits (e.g. you are charging the establishment for your shows, you accept tips, they have a cover charge for the audience) the answer is absolutely not, according to any and all reasonable interpretations of either US Copyright Law or the Digital Millineum Act.

Then I guess what you are saying then is every DJ is operating illegally!!
You are forgetting the fact that those establishments where DJ's and KJ's play their music are paying license fees to ASCAP, etc for that very right, so I guess the advice isn't so terrible after all.

[orerockon]

Originally Posted by ddouglass

Then I guess what you are saying then is every DJ is operating illegally!!
You are forgetting the fact that those establishments where DJ's and KJ's play their music are paying license fees to ASCAP, etc for that very right, so I guess the advice isn't so terrible after all.

If you read the original question, I am not saying that any KJ operates illegally. I am saying that using a devocalized original recording (aka "sampling") in a show from which you or the establishment earns a direct profit from your performance without obtaining permission from the copyright owner of the recording is demonstrably in violation of US Copyright laws. By all means, please do not believe me. You can do a Google search and find this out for yourself. Paying blanket performance royalties to ASCAP does not cut it in this case. Those royalties apply to performances using backup tracks that you or the establishment purchased and own outright. It does not apply to recordings that you doctored yourself, regardless of whether you own them or not.

[gduns - with the Lord]

The local ascap rep here told me that all performance rights are paid to ascap and Bmi. They collect for the copyright owners for the music that is being used.

Read the disclaimer on ALL cd', cdg's and dvd's.... they all state that it is strictly Illegal to play the contents in public. If ascap is being paid, then rights are being paid for.

next well start a thread on gun rights.........

[orerockon]

Originally Posted by gduns

The local ascap rep here told me that all performance rights are paid to ascap and Bmi. They collect for the copyright owners for the music that is being used.

Read the disclaimer on ALL cd', cdg's and dvd's.... they all state that it is strictly Illegal to play the contents in public. If ascap is being paid, then rights are being paid for.

next well start a thread on gun rights.........

That is correct, for playing of ORIGINAL RECORDINGS. It no longer applies when you alter the original recording to suit your own purposes. See just about any lawsuit involving "sampling". They all revolve around paying the royalties for the original work, then altering it. Most artists are not willing to allow their recordings to be altered in any way. That is why no karaoke company on this planet uses original recordings in any way, shape or form. They re-record the songs after paying the appropriate master track license fees to the copyright holder(s).

Gun rights are established by our constitution and bill of rights and are not subject to debate :P