CONSUMER FAQs

Many of the questions about Karaoke music are based upon some relative issue involving the copying of a Karaoke disc. So it would be advantageous to clarify the basics of the copyright laws before answering the FAQs.

The use of an unlicensed copied product is illegal. The copyright laws are very clear about the fundamental legalities of copying copyrighted materials which includes many other products than music. Basically, the law permits you to make an unlicensed copy of a copyrighted disc for your OWN PERSONAL USE only. If you want to listen to the copied disc in your home or your car, that is legal. You may not make an unlicensed copy of a disc for ANY COMMERCIAL USE. That means that you cannot make an unlicensed copy as a gift, as a promotional item, for sale, for use in promoting another product, for use in a show or publication, and a myriad of other commercial applications. If you are using the songs on a disc for any reason other than your own personal listening, you must use the original disc.

IN ORDER TO USE A COPY OF A COPYRIGHTED PRODUCT, YOU MUST HAVE THE WRITTEN PERMISSION OF THE COPYRIGHT OWNER. Many manufacturers have Licensing Agreements for the use of their products in various applications. If you want to use a song or disc in a commercial application, you will need to contact the manufacturer and apply for the licensing rights for your application.

Am I allowed to make a copy of my discs for archive purposes?
This is one of the most confusing issues involving copyrighted music. It is also one of the arguments often presented by those who want to break the copyright laws. This entire issue revolves around the definition of the class of copyrighted material. By law, you are permitted to make an archive copy of "Software" class copyrighted material. However, music (including Karaoke CDGs) is part of the "Phonorecord" class of copyrighted materials. Archive copies are not permitted in this class. So, no, you may not make an archive copy of your Karaoke discs.

May I use an archived copy of a CDG that I broke in my show?
No. As explained above, no such archived copy should have been made in the first place. If you have a damaged disc, you should contact the manufacturer. Some Karaoke music companies have replacement policies that will permit you to replace the damaged disc at less than the full price of a new disc.

I purchased a CDG and wish to send a copy of it to my friend overseas. Their hardware will not play the CDG format with USA specifications. May I make a video copy of the disc for my friend?
Yes, BUT the original CDG must accompany the video copy. You can only have one video copy for each disc shipped.

If I buy a hard drive system that has pre-loaded songs, can I legally play these songs?
If the hard drive system has LICENSED content, it is certainly legal to play any of these licensed products. Before you buy any such machine, you should ask to see the licensing rights for the music loaded on the machine. There should be a licensing agreement between each music manufacturer and the company producing the player for all the music loaded on the player. Also, you should demand a copy of the licensing agreement before you order or accept delivery of your machine. Make sure that you have copies of agreements that cover every song on your machine. If you are using a player with illegally copied songs, you are still liable for their presence on your machine. Your machine and its entire library can be confiscated as evidence if there are any illegal songs - effectively putting you out of business.

If I own my own discs, can I load them onto a hard drive to play them in a show, etc.?
No, you MAY NOT load songs from other manufacturers on your hard drive. The licensing rights for music on a hard drive machine exist only between the machine manufacturer and the music provider. These rights do not extend to the owner of the machine, to load songs from other manufacturers on the hard drive player. Copying the discs on to a hard drive is still copying the discs. Legally, it is absolutely no different than burning a copy of the discs. In order to copy your discs on to your hard drive, you have to have the written permission of the company that produced the discs and owns the copyrights.

What companies license their music for play on a hard drive?
Licensing agreements for content are individual agreements with the any hard drive player manufacturers. As of July 1, 2005, there are no known agreements with any active karaoke music manufacturing company. If you consider purchasing any system with music produced by any other manufacturers, it is highly likely that the music has been illegally copied onto that hard drive. Make sure that you ask for, and get a copy of the licensing agreement between the machine and music manufacturers prior to purchasing the player.

If I am hosting a Karaoke show, may I record the singers and give them a copy of their performance? In addition, may I charge for the service of copying their performance?
In order to do this, you must first get the licensing rights from the Karaoke copyright owner. Contact the Karaoke music company that produces the music that you use and ask for their licensing department. Many Karaoke music companies grant blanket licenses for a nominal monthly fee to use their music and record a copy for the individual singer. You cannot record the singer(s) without this licensing permission from the Karaoke copyright holder. Recording the singer and the music without permission is copyright infringement.

I host shows with original CDGs. May I sell videotape copies of a performer singing with a CDG?
Please see the answer to the question above. This is the same situation, except that the media for recording the singer is a video tape rather than a cassette or CD. You must have the permission of the copyright owner to record their music.

I own a concession stand in an amusement park. I want to sell/give away tapes of singers performing to Karaoke sound tracks. Is this legal?
Only if you obtain a license from each sound track manufacturer. Some manufacturers have a Master Track Licensing program for their renditions of the songs available for licensed use in a concession stand in an amusement park or other for-profit venues where music tracks are used as a master for recording.

I host shows and contests and want to broadcast recordings from these on my web site? Can I do this?
This is a very complicated process. First of all, you cannot do any of this without proper licensing. You can contact the Karaoke music manufacturer for permission to display their music. You must also acquire other licensing before you proceed. For example, you must contact your web site carrier to get broadcast licensing rights. Additional licensing may be required in different countries.

I am a member of a church and we are having a bazaar to raise money for the church. We would like to sell video tapes, cassettes or CDs of performers singing with CDGs. Is this allowed?
No. Although copyright laws authorize churches special privileges in using copyrighted material, it does not allow organizations to make money from doing so. A license is required. Many manufacturers grant permission gratis upon request but are not required to do so. Please contact the appropriate Karaoke music copyright owner to obtain written permission.

I'm performing in a beauty pageant or talent show. May I use your sound track to perform during the pageant or show?
Yes, IF you own the original disc, and the show is not being televised and there is no admission being charged to the audience. The track that you have purchased is an accompaniment track intended for your personal use. No licensing is required for this use.

I'm performing in a beauty pageant or talent show THAT IS BEING TELEVISED. May I use your sound track to perform during the pageant or show?
Yes, BUT you will need licensing rights from the manufacturer because the music is being used for a public performance. In addition, someone will have to pay a broadcast licensing fee because it is a public performance. The two most popular broadcast collection agencies are ASCAP and BMI. Usually, it is the responsibility of the broadcast station or the organization who is producing the televised program to request permission from these agencies. If the pageant is not being televised but a paid admission is being charged, the same licensing rules apply.

I own a recording studio. May I use Karaoke tracks to make demo tracks for singers?
Yes, but you will need a licensing agreement with the Karaoke music company that owns the copyrights to the music that you are using. Contact their licensing department and ask for a Master Track Licensing Agreement.

If I purchase a CDG or sound track, may I record a demo of myself?
Yes, BUT you may not sell the demo or publicly broadcast it without written permission from the copyright holder(s). Some manufacturers have a Master Track Licensing program for their renditions of the songs available for licensed use to record a demo or album for retail sale. Contact each manufacturer separately for their policies.

May I use a sound track or song from a CDG for an internal company training video?
Only with permission from the copyright holder(s). Some manufacturers have a Master Track Licensing program for their renditions of the songs available for licensed use for an internal company training video.

I am a teacher instructing a class on how to compile a CDG. May I show examples of CDGs in a classroom atmosphere?
Yes. The Fair Use Law authorizes use of SEGMENTS of a copyrighted work for educational purposes. However, ENTIRE songs may not be copied.

Is piracy a civil or criminal offense?
It can be either or both. Circumstances vary, and how the pirated product is used contributes to the answer to this question. It is best to just realize that pirating activity can result in both civil and criminal penalties, including fines and potential incarceration.

I bought a disc on eBay, and when I received it, it was a copy. What do I do?
First of all, make sure that you complain to ebay. To do that you need to go to Ebay's home page, and click on HELP. Then click on the A-Z Topics tab. Click on "B" and then scroll down to BOOTLEG RECORDINGS. At the end of this information topic is a link to report listing violations. In all likelihood, they will not remove a seller based upon one complaint. But you may not be the first complaint. Then notify the manufacturing company. If they contact ebay about this illegal activity, ebay will generally respond. Certainly, if you do nothing else, make sure that you post the negative feedback to help other potential buyers.

The laws may be reviewed at the following websites:

The Complete Copyright Act, Title 17: http://www.copyright.gov/title17

The Digital Millennium Copyright Act (Acrobat PDF): http://www.loc.gov/copyright/legislation/hr2281.pdf