Hi David..all this discussion about copyright re' karaoke discs especially made me Google search info about it. You will find an attachment to this email. It tells you all the info about it. Firstly i was completely right (see para two) you can have legal copies FOR PERSONAL USE.... NOT COMMERCIAL USE. Personal use does not literally mean that. It is used to define this non-profitable use as distinct from the profitable (commercial use). Thus if I am playing my karaoke recordings in the car...or in a party and others are listening to them copyright is not infringed as no commercial use is involved. Secondly "public performance/broadcasting" is defined as a performance that: 1) is being televised 2) before a paying audience (see para 15 and 16) I performed these karaoke songs and they were not televised....and were not before a paying audience (in RSL clubs and similiar). So technically I was NOT 'publicly broadcasting' them Thirdly singers can be recorded at karaoke (see para 10) starting with "I am hosting a karaoke show") as longs as licenses are obtained from the karaoke companies. In Australia no karaoke host can work in any venue unless they have these licenses. So once again those recordings of mine were done legally as well And suddenly we are aware that uploading my songs to those websites is wholly legal. I am not publicly performing them as no mone is exchanging hands (no commercial use). And they are NOT being listened to by 1) a paying audience (they listen to my songs for free) and 2) they are not being televised. This is similiar to you having a party for your friends David (at home)..and I bring my karaoke CD recordings to that party for everyone to listen. Instead of doing this however you tell you friends which website I upload them on..and they can listen to them via their computer. It is exactly the same thing......both completely legal. Regards

REPLY from David
Many thanks for the attachment, and I note that it's not the Act itself but instead someone's interpretation of parts of it - though from what I can see, it approximately conforms to the Act. Would I be correct in thinking this is the FAQ from the online company from which you download backing tracks over which you sing, and then upload these songs to websites? Anyway, although the information doesn't mention the legalities of uploading to websites, it does mention that you can use these backing tracks in such as an untelevised beauty pageant - I'm guessing that this is because that is a use allowed within this music provider's own copyright arrangements with the original songwriters/lyricist. Even this use may not be permitted with discs that you have from other sources. The most important part of their FAQ is: 'If you are using the songs on a disc for any reason other than your own personal listening, you must use the original disc.' And, in relation to music other than their own, it says: 'Q: If I purchase a CDG or sound track, may I record a demo of myself? A: Yes, BUT you may not sell the demo or publicly broadcast it without written permission from the copyright holder(s).' As for the situation of the Dare2sing.com website, it is considered a commercial site as it carries Google advertising and also encourages people like yourself to pay for extra storage space on the site - but that doesn't matter because you're infringing copyright when you upload your songs anyway, and I'm pretty sure that this website doesn't have the licences to braodcast. Having copyrighted music on a website is generally illegal - here's a clarification from the Copyright Council of Australia: Q: What permissions do I need to put music onto my site? A: If you wish to include recorded music in your website, you will need to get permission from the owner(s) of copyright in the music itself, in any lyrics (protected separately as ˇ°literary worksˇ±) and in the sound recording. You will need permission to reproduce the music in digital form and to make it available online (communicate it). ... You will also need permission from the owner of copyright in the sound recording (usually a record company). Here's a story from one website: Q: my cousin had a website. i uploaded about 20 songs on it and posted them in a player ... in about 3 month (i think) website gets deleted. the only thing provider told us (Yahoo! Business) is "illegal server activity". My guess is - copy righted music that I've uploaded. Is my guess right? Is it legal to upload music on webhosting like Yahoo! Business and then put it to music players? Or is it just illegal on that particular webhosting, and there are hostings that allow it? A: Without first obtaining permission from the producer of the music there is NO legal way you can have it on your website in any way, shape, or form. You are incorrect when you bend the definition of 'personal use' to include things such as making copies that do not earn income. You're also incorrect in defining "public performance/broadcasting" as music being performed in front of a paying audience, or televised - the FAQ you attached used this as an example, not as a definition of public broadcasting. As for the recordings you have that were done at karaoke by a host, maybe ask your host what his licence allows you to do with the recording. Hosts must have a specific AMCOS licence, and that's not the same as the normal licences that they need just to run karaoke, but rather is a special one that I believe is carried by only half a dozen hosts in NSW. You could call AMCOS and ask if your host has this licence.
Submitted by karagoer on 03-09-2009

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