For KJ’s - 3 magic words:
“No” & “Get Permission”

By Sue Sawyer (Part 1 of 3)

If you have any commercial involvement using karaoke tracks (getting paid), you’ll need to be all eyes on this article and pay attention.

Copyright laws are very clear about copyrighted music material, which includes karaoke discs. You can only make an unlicensed copy of the copyrighted disc for your own personal use. If the copy is in your car or house, for example, that is legal. You may not make an unlicensed copy of a disc for any commercial use that includes, gifts, promotional items, “for sale” for use in a karaoke show or publications. Bottom line: If you are using the songs on a copied disc for any reason other than personal listening, you must use the original disc.

There are plenty of nay-sayers who will intelligently argue “it’s software” a class of copyrighted material where you are allowed to back up your files. However music, including karaoke, is classified as part of the “Phonorecord” class of copyrighted materials, not “software”. No archiving is permitted with this class. “Phonorecord” falls under two direct laws - Copyright Act, Title 17 of the US Code (“Fair Use Law”); Digital Millennium Copyright Act of 1998, covering new technologies that also cover Web casting and Web sites. Licensing/Royalty information that backs up these laws is the road map for working with copyrighted music.

So, if you’re a KJ, you are not allowed to use any unlicensed copied discs or materials for your shows, even if your excuse is that you damaged your original disc, broke it, or lost it. For those who have purchased hard drives that have preloaded songs, these hard drives must have licensed content, so it’s legal to play any of these licensed products. Before purchasing a hard drive filled with karaoke tracks, you should receive a licensing agreement between each track manufacturer and the company loading the hard drive covering every song in the machine.

If you are using a player with illegal copied tracks (without licensing agreements), you, the purchaser, are still liable for the paperwork accompanying your hard drive or player. You run the risk of your machine and it’s entire library being confiscated as “evidence,” effectively ending it’s use and putting you out of business.

No, you’re not allowed to burn your original CDs onto a hard drive. It is unauthorized copying any way you look at it unless every track manufacturer who owns the copyrights okays their transfers.

KJ hosts that want to record singers and then give them a recorded copy of their performance for free or for a nominal charge for the service still need to contact the karaoke manufacturers licensing department that you use. Most of the track manufacturers will grant blanket licenses for a small fee. Recording a singer and the music without permission is copyright infringement. Same rules go for videos or any other media.

More no no’s for unauthorized copies include Web sites (not authorized by karaoke companies), church bazaars, talent and pageant shows, TV, recording studios including demo’s, and training videos. Educators get a slight break. The Fair Use Law does allow for segments of copyrighted work for educational purposes. Full songs may not be copied. And, to complicate matters, those working between different countries have different sets of copyright rules altogether.

Watch for Part 2, “Busted”, in next months issue.