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Nad

Joined: 05 Sep 2007 Posts: 542 Location: at my puter.
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Posted: Tue Jul 29, 2008 7:32 pm Post subject: |
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By all means give google something to report when persons who may find what is going on of interest go to look. And be sure to post lots of links because that will up the thread in the rankings.
This subject keeps getting re-raised and really there is nothing new to report. I summerize:
1. U>S> Coplywryte law is googlable - so asking questions about it here is redundant.
2. Number one may not apply to people (directly) save via treaty clauses which are even more esoteric than #1 - please use google.
3. Who is liable the perpformer, the venknew, the stream puffrider, and/or Linted Laps is beside a point that is not defined as there is not a model outsidesomely what accounts for a eschanged rate based on imaginary units what constitudes (perhapsomely) its own boundaries visa V - an internationally separate constitudenal (what exists without establiched (as referenched abovesoemly) treaties. To short it, their is no framewerk upon which to hang an existing agreasement (including payola).
4. the entire framewerk of this sort of compensensation rests upon one of gains. To wit, ppl or places or things what gain as a result of the use of intelleffectual rites belonging to someone else who is gaining. This place is fillt to the heaps with moans and stuff concerning perpformers not making gains and veknews not making even more gainless. Perhabs with exceptions only few, the entire affair is without gains and therefore there is no damage.
E. to follow up on 4, the gainsome factor, what is determinate in any case involvoing the soughtagements of due recompensense, the only argument what could be made (and there would need be a lot of arguage afore this could ever be heaped upon) is that Limpin Laps gained as a result of a lot of perpformers and venknews gaining a tatality of near nothingness in reargards to said replays.
That said (so saidsomely I might add), virtualled live perpformances in here (there) being an undefined and totally unargued situation that would require quite an expenditure to define, argue, and then redefine, re-argue (do while not defined unarguably), are quite separate from the sale of digital recordage which has been reargued and redefined until unarguably defined because the point of gains is firmlied. So if you want to sell digitalised recordage of other peeples stuff you should be aware of the laws concerning this activity and prolly stay inside of the framewerks that DO exist in this case.
The bottom line in all of this is of course googleagments. It can not only provide you with the information you want to know (quietly perhabs) it can also draw attention to things that nobody really gives a armadillos ass about because it is not a focal point.
[edited for clarifictation] 4 & E above ago, it must be noted that chase (as set defindly by looped define - argue cycles, is an expense for those what love to argue. This happent some years back over portable tapes. Much was spent to define argue redefine what has become now an exstabliched thingy. BUT (and that is a big but you will note), the expense of define/argue/repeat was one what offered a ROI. That is, bazillions of tapes would be sold and that meant there was a lot more to be made than to be spent arguing (and defining) (and doing that over and over).
There is no such pie in the sky here. Defining arguing redifining rearguing stuff concerning this matter offers no financial return. And if there is no financial return, nobody what cares about finacial return stuff cares (about financial returns). _________________ This text appears at the bottom of my posts. |
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Distilled1

Joined: 04 Sep 2007 Posts: 421 Location: Chicago
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Posted: Tue Jul 29, 2008 9:55 pm Post subject: |
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| Quote: | The issue is. to me:
Does ****** **** have an ascap*&YDHR /BMI%fdtR license???? If you play in a bar on earth, the bar is supposed to have one.
name of site 's costs are approx. 600 to 1,000 per year. |
From my lawyer friend, who deals in many facets of copyright and entertainment law as well as IT law.
is basically saying there platform their tools their issue.
this wont rank high enough ... well I can't find it yet. but note in the quote *& stuff to kill those words. I had that in the back of my mind as well..
Damn ho did I understand Nads post??? what is happening to me
 _________________ "Being drunk is a good disguise.
I drink so that I can talk to Ass Holes,
This includes myself"
-J.Morrison
http://distill.dmusic.com |
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Silas Scarborough

Joined: 04 Sep 2007 Posts: 1635 Location: None
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Posted: Tue Jul 29, 2008 10:11 pm Post subject: |
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Although quite a remarkable example of lexical prestidigitical wind surfage, referring to Section A, Item 376, Paragraph 3b, Directive regarding irksome spewatory commentationals, sub-item 4, we see there is no gain from the musical frolicksomeness in alternate lives.
However there is substantial gain in some quarters, nickels, and dimes, enough so that the IRS is already aware of it due to reportage on income from previous years, typically written-down by equipment costs and various medicinal supplements. _________________ Silas Scarborough
Silas World Tour Blog
Find a place to play and I'll roll the P.A. anywhere
If you want to play, bring yer guitar |
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Tommy CUlt
Joined: 06 Sep 2007 Posts: 199
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Posted: Wed Jul 30, 2008 1:03 am Post subject: |
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Nad is a funny guy - but all of us winking at each other giggling, hoping no one 'finds out' about what goes on in SL is just kinda irresponsible. Every day there are people trying to get MORE non SL people involved in SL music. Every day people are suggesting how to grow the SL music community. Every day we tell people how great it is....but .....now we should be quiet because we dont want to openly discuss an issue that is a little more serious than people playing over time in sets and spam at venues?
This is no big secret, and while there is no issue today, I believe FINDING out how these regulations apply to SL IS an important issue. Maybe not for some individuals - and that is fine, no one has to 'comply' with anyone else, but if I was able to cover myself by paying to be part of a 'co-op' (or whatever) - I would. If I could not afford it, I would at least be able to make an informed decicion - but UGH....this forum was supposed to be about finding out such information - or is it just for the giggle stuff? you know.....kinda important..but not TOO important.
Oh - wait.....the topic is in the Royalties/Copyright section - silly me - but If I really want to find out the serious stuff.....perhaps I should Google? I would hate to draw anyones attention.
Thank you Kim and Dist for the info. _________________ TC |
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Silas Scarborough

Joined: 04 Sep 2007 Posts: 1635 Location: None
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Posted: Wed Jul 30, 2008 1:06 am Post subject: |
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Tommy, see above about IRS reporting of US dollars converted out of SL Lindens. There is no secret. _________________ Silas Scarborough
Silas World Tour Blog
Find a place to play and I'll roll the P.A. anywhere
If you want to play, bring yer guitar |
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Nad

Joined: 05 Sep 2007 Posts: 542 Location: at my puter.
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Posted: Wed Jul 30, 2008 3:27 am Post subject: |
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| Tommy CUlt wrote: | Nad is a funny guy - but all of us winking at each other giggling, hoping no one 'finds out' about what goes on in SL is just kinda irresponsible. Every day there are people trying to get MORE non SL people involved in SL music. Every day people are suggesting how to grow the SL music community. Every day we tell people how great it is....but .....now we should be quiet because we dont want to openly discuss an issue that is a little more serious than people playing over time in sets and spam at venues?
This is no big secret, and while there is no issue today, I believe FINDING out how these regulations apply to SL IS an important issue. Maybe not for some individuals - and that is fine, no one has to 'comply' with anyone else, but if I was able to cover myself by paying to be part of a 'co-op' (or whatever) - I would. If I could not afford it, I would at least be able to make an informed decicion - but UGH....this forum was supposed to be about finding out such information - or is it just for the giggle stuff? you know.....kinda important..but not TOO important.
Oh - wait.....the topic is in the Royalties/Copyright section - silly me - but If I really want to find out the serious stuff.....perhaps I should Google? I would hate to draw anyones attention.
Thank you Kim and Dist for the info. |
If you arent into giggling that is your affair. I am entitled to voice my piece in this thread entitled Royalties/Copyrights. If you wish to broadcast to folks to come look over the situatioin here - that's fine by me. I can pay the dues, or i can do all originals. But there really is no call to critique my post - simply disagree.
My estimate is that if you phone the powers to be and tell them what is 'goin on here', we have 2 to 3 years before any sort of action is planned (not taken). As far as obtaining information - there is no rocket science involved here. This is why I suggested Google. I mean, why ask opinions here? If you want facts they are readily available. In legal matters don't you think first hand information from the source is more reliable than second hand information? If you have difficulty locating sources of information let me know and I will post URLs.
I apologize if I somehow bent yers out of shape, Tommy. _________________ This text appears at the bottom of my posts. |
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Silas Scarborough

Joined: 04 Sep 2007 Posts: 1635 Location: None
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Posted: Wed Jul 30, 2008 3:56 am Post subject: |
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Dunno that anyone is looking for opinions as Kim volunteered to make some phone calls and Distilled brought back at least an idea of what it might cost. It's an opinion that it'll be at least three years before any legal action could be launched against SL performers. It might be soon or it might never happen; there's no way of knowing.
I'm pretty sure Kim is already licensed for covers so I'm sure she knows who to call and it will be interesting to hear what she discovers. _________________ Silas Scarborough
Silas World Tour Blog
Find a place to play and I'll roll the P.A. anywhere
If you want to play, bring yer guitar |
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Slim Warrior

Joined: 04 Sep 2007 Posts: 364 Location: UK
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Posted: Wed Jul 30, 2008 3:11 pm Post subject: |
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Having read through the concerns here on this thread I thought I would jump on in
As far Internet streaming is concerned, whether you sing Live or stream pre recorded Covers or backing tracks.. you DO need a licence If you use a venue owners stream or your best mates, then the Owner /Renter of that stream you use is liable. The person you rent it from is NOT liable.
LL is NOT liable for anything either.. as much as you may wish them to be sadly they are not and more than likely, will never cover that cost.. They would have to then submit a list of Every single song/cover played at anytime on the SL grid.. and pay the relevant countries licence fee for EACH stream/station... that aint gonna happen.
Now as far as singing covers you can of course sing anything you wish IF you have that licence ( or stream owner/renter does.. If Not then you may sing songs that are classed as being in the Public Domain.. You cannot be seen to receive any payment whether in Tips or Payment for a set of covers for which you have NO licence to sing/record..
http://www.royaltyfreemusic.com/public-domain/
and
http://www.pdinfo.com/link.htm
You can buy Royalty free music backings if you wish. A Lot of sheet music you can obtain can be Royalty free. But if its you and your guitar/piano/kazoo or saucepan and spoon and you play a cover YOU need to make sure you are using a licenced stream / OR that the songs you are playing/singing fall into the Public domain..
(Do bear in mind that generally this will be any song written BEFORE 1922) So make sure you REALLY know that PD song is older than that!
ie: This does mean your covers of Snow Patrol songs aren't going to be in the public domain
Then there is Creative Commons. If a song is released under the Creative Commons licence there May be a possibilty you can cover that particular song Live or make a derivative of as a recording.. you would need to check with each individual song you intend to cover whether it has a Creative Commons licence and to what degree you may use that song..
More info here
http://creativecommons.org/about/license/
of course you can all fly under the radar in SL... but one day that may not be the case.......
A licensed stream will cost the owner/renter approx £200 pounds per year..... ( $295 from BMI USA)..
MCPS-PRS ( UK)
http://www.mcps-prs-alliance.co.uk/Pages/default.aspx
BMI
http://www.bmi.com/licensing/?link=navbar _________________ Actually............
Owner of Menorca (Music Events Island)
http://www.myspace.com/slimmie
http://www.reverbnation.com/slimmie |
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Distilled1

Joined: 04 Sep 2007 Posts: 421 Location: Chicago
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Posted: Wed Jul 30, 2008 5:43 pm Post subject: |
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in the states we must have BMI and Ascap to cover our butts and the fees are (600-1000USD a year) for a web site that allows posting, streams and DLs of covers as well as a streaming radio that plays cover versions as well.
and so I am covered if I use that stream witch I don't use to often. and I wonder heres an odd one what if the land I own is owned by said web site? isn't the island or land actually a web page really??
But as Slim kinda hinted on... | Quote: | | You cannot be seen to receive any payment whether in Tips or Payment for a set of covers for which you have NO licence to sing/record.. | no $ exchanged in form of tips or pay ... you can play anything you want. ...so watch those tip jar thanker's and floating text
"there's no actual law identifying the not-for-profit exchange of copyrighted material as copyright infringement. The RIAA is desperately seeking an interpretation of the law that justifies their legal position but they simply haven't found one yet.
The DMCA is a different thing. The RIAA flings DMCA take-down notices (at YouTube, for instance) like they were Mardi Gras beads."
but the artist should get royalties for songs you preform, the "REAL" problem is they don't get anything when you pay the license fees, the only true way to fairly pay the artist/writers and publishers is to pay them a set amount each time you play one of there songs, but alas its all a a ton of corporate mess...and not set up that way. ( I know my band gets played 10+ times a day on 3 web stations that pay the fee, and I have never in 8 years seen a penny from it!, and we have sent letters looking for our 57 cent checks)
another way is to write to the copyright holder asking for permission to play these live on a stream if you get permission from the right person thats all you need. I do this DJing and I get permission from some publishers I would never have thought would give them to me. And do check many songs that were popular and were released back to the artist from the labels are CC licensed now, mainly smaller bands and indie label stuff but theres some out there that are using common sense like Exile(Van Morrison)
its the pink elephant no one wants to talk about, and it touches the whole keep it free/pay debate as well. the webcaster law is still being fought about cost for small web casters (witch we would be what max 100 listeners mainly (I know some run 1000) but many of us run 100 with a lucky 50 listeners when we play 2-8 hours a week) is it fair we pay the same as say a 24/7 webcast that plays all major label music? I think not.
but many were quite while the fight started and now we are stuck with these fees (witch I believe go up in 2011)[/quote] _________________ "Being drunk is a good disguise.
I drink so that I can talk to Ass Holes,
This includes myself"
-J.Morrison
http://distill.dmusic.com |
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