Yep .. that's what I'm looking for to balance against the EULAs and TOSs that are very specific for mobile DJs. If it doesn't exist, it would be a wonderful thing for the industry to put out (with the appropriate legal research) wouldn't you think.
Same Library For Multiple Systems
- Thread starter Mobile Music 1
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No Steve, That is simply re-inventing the wheel.
What you want is staring you right in the face - you just can't (or won't) see it.
Somewhere there is an existing interview between Mobile Beat and an RIAA lawyer who answers some of these very questions you are so hung up on. While I'm not fond of a lot of the RIAA spin (they often speak as though they are graciously letting you do something when in fact it's a right granted in law) this one is pretty non-political in his answers and gives it to you fairly straight on how the law currently works.
Other than that - I give up.
I guess I can't - I really do want to. Legal language has always been annoying as they rarely come out and say directly what is or isn't there. You keep saying it's there and I don't see it .. maybe it's just me. I will look for the Mobile Beat thing.
I apparently can't get it as it was in the July 2004 edition and the online archive only goes back to 2006.
Is it my opinion that Federal law supersedes an End User License Agreement or is it now okay to circumvent the law with an adhesion contract?
To date I know of no US law that has been struck down or rewritten using a private contract or EULA. The EULA's really don't matter much to a DJ if you are abiding by all your responsibilities under the law. The EULA is generally a reiteration of the responsibilities you should already be aware of.
Steve, work on understanding the difference between private and public performance and the rest of the law and EULA's will all seem very simple and straight forward.
Not saying a EULA overrides a federal law, just that I have the EULA side pretty clear in writing and the law side not so clear in a section of code. I did try to google your previous definition of "private" using your description to see if it could point me to the appropriate piece of the law, but it didn't match anything so not sure if it was paraphrased or not (any event or gathering organized around an individual(s) and their family, friends, usual associates, and circle of acquaintences).
And I don't see how it's "re-inventing the wheel" to have a DJ organization or someone else in the industry get legal assistance to put this stuff down in plain language, unless there are some that fear the answer may not be to their liking. I can't see that it's a bad idea.
And I don't see how it's "re-inventing the wheel" to have a DJ organization or someone else in the industry get legal assistance to put this stuff down in plain language, unless there are some that fear the answer may not be to their liking. I can't see that it's a bad idea.
And also, to be fair, I'm not looking for just a wedding answer, as I don't do them. I need to cover reunions, school clubs, athletic events and bars, in commercial and residential locations.
As your own website says: "A disc jockey or other entertainment company that deliberately ignores copyrights is negligently placing their business, employees, and consequently your event, at risk."
As your own website says: "A disc jockey or other entertainment company that deliberately ignores copyrights is negligently placing their business, employees, and consequently your event, at risk."
Thank you -- I enjoyed doing that song
Wish I could sing, but that's not my forte -- I actually have lyrics for that song written down in a notebook some where...
Steve,
Based on your replies. I think you are mixing up three Issues, Copyright, Private vs Public and Performance. The part that any DJ should most worry about is the Copyright (Illegal downloading, copying and sharing). The Performance part is the responsibility of the Club Owner.
DjDennis
RIP- My Dad (2011), Sister (2013) and Mum (2017)
All Djs have to buy his/her own music, as you get paid more if you do
you dont have it, you get the lowest rates around!
you dont have it, you get the lowest rates around!
It's not about location, so let go off that bone.
It doesn't matter that you are in a bar if the event you are doing is not open to general admission of the public at large.
It's either a private gathering or it's not. Its' really not hard to tell the difference.
All of the following are examples of typically private:
Weddings, Birthdays, Anniversaries, Reunions, Banquets (chess club, softball league, etc.), Proms and other closed admission type school dances, Student Pep Rally not open to the general public, College Dorm parties, Bubble parties at the Day Care or Nursery School, etc.
Al of the following would be public and are subject to licenses obtained by the venue, retailer, promoter, or school:
Student Car Wash, All Retail Stores and Events, Bridal Shows and Trade shows of an kind, Ball games or any athletic events open to general admission of the public, College campus concerts or open admission events, Fashion shows, Nightclubs Bars and Restaurants engaged in the normal course of business, DJs promoting and hosting their own events for general admission (Raves), Concerts, Town Fireworks Festival, etc.
If you can't specifically predict who will be in attendance it's probably public. If on the other hand you can identify in advance who will be there "oh..it's the guys from his softball team and their families" then it's probably private.
As a DJ the performance license is almost never your responsibility. Only if you are promoting your own event, like a rave that is open to general admission of the public or a subset thereof - like a mailing list.
That quote pertains to mechanical rights (duplication/reproduction) and serial copying by DJs who want to run multi-system operations or franchises.
Copyright breaks down into a number of different types of licensing:
Performance right - pertains to the playing of a song either live or prerecorded
Mechanical right - regarding the copy, duplication, or reproduction of existing recordings
Publishing right - pertains to the printing or display of lyrics
Synchronization right - attaching music to video content of any kind
Advertising right - specifically about using a work with any form of promotion or advertising campaign
Broadcast rights - extension of performance right pertaining to the retransmittall of a live or prerecorded work
Other rights - as defined by the authors/publishers provided those rights do not conflict with an existing exemption under the copyright law, or another law.[/quote][/quote]
Do your contracts mean anything Bob...?
A EULA is a contract between the end user of a product/service, and the provider of that product/service. You have to agree to abide by that contract when you purchase something from said provider.
Heck, your website describes in nauseating detail, how your contract works -- but you're saying now that it means nothing...?
So, I can get you to DJ a gig for me, and not pay you.
Like I said, it would be great if one of the music associations on our side produced this in an easy to read manner, rather than relying on the licensing companies and case law.
Don't get yer hopes up too high Steve -- Bob has yet to provide any example of his "case law" winnings.
He has yet to define his version of commercial use, or cite any cases where he's won a judgement. The public/private thing is a dance around the issue.
Check out Bob's policy page on his website here: http://proformance.net/policy.htm
He seems to think that HIS contract is valid, but nobody else's is. So essentially, I have to pay him, but he doesn't have to pay me, because of HIS interpretation of the law.
If you want to buy into that crap, it's up to you. Best I can tell, the only court he's been in, was probably traffic court for a parking ticket. People can use all sorts of fancy words, but if they have no real world experience -- they are simply words...
This is an integrity attack if I ever saw one. What you are proposing is simply nonsense. Do I have to get pulled over by the Cops and get a Ticket ("real world experience") to know that I should not be driving 45mph in a 30mph zone? Seeing the Speed Limit Sign 30MPH should be enough to tell me that is the Law, right?
Get off your high horse Rick. You are trying to belittle this debate. Why don't you quote/show us some of the many Cases YOU said you have won against others. I would like to see some. In the meantime, go sit at your desk and be creative. You may make some dough to pay the month's rent. I say this with all due respect.
I like goats, not horseys xf
Integrity attack, eh? That's coming from the person that says none of us can comprehend anything... Sort of a hypocritical comment I believe. Suit yourself.
Bob has so far refused to answer my question about commercial use -- he's been dancing around it with the private/public thing. If Apple or Amazon say you cannot use this tune for commercial use (for profit) -- you have violated the contract you have with them. You can play that song on your stereo, but cannot make money off of playing it to others. It's really that simple.
And yes, I have won a few cases:
Back around 1997, I had a case with XXX Company. We entered into a contract where I would provide the PC end of some software, that would talk to the mainframe. He did the mainframe code, I did the PC side and gateway. He decided (without telling me), that he was going to sell off some of the code (including my code). I won that one -- only about 5 grand, because I retained the rights to my code, and he was not eligible to resell it without my permission.
Had another one in 2005 or so -- some dude in the UK, selling my software (hacked version), for $30 a copy at computer fairs. That one was a bit more difficult, because it was outside the US. Didn't get any cash on that one, but I got a cease and desist.
Software and music are on the same level -- you license it, you do not sell it. It's digital content. If I think I can get a settlement, that overrides what I have to put out -- I'll go for it. Some people buy my jukebox software (home version), and then rent it out. I specifically have a commercial license for that. I sue their sorry ass when I catch them.