I have never claimed that I want to be a professional singer or that I am an extraordinary singer. I just enjoy it that is all.I have doing karaoke for 12 years now..and at the clubs I sing at over the years many people (numbering in their hundreds at least) have asked me whether I have CD's for sale.....that is why I tried to sell them LEGALLY via APRA (see below) and the document I prepared regarding your comments: David I am noting that you are getting a bit agitated over this issue. Will you please calm down and tell the others (on the forum ) to do likewise. Firstly one needs a "broadcasting licence" to play records on TV and radio. The internet may not be considered as a 'broadcasting" facility under the law. I betcha that Daretosing in the USA is NOT considered as a 'broadcasting facility'! However should I set up a website for the purpose of PROMOTING songs for the purpose of SELLING CD music,that is quite a different matter.You will need permission from the appropriate music authorities (e.g. APRA, AMCOS etc) ( I told you that I was going to do that with APRA some years back...5 dollars a song on a website....and I had to tell APRA the price of my CD's I am to sell to the public and I had to provide a list of what I sold. However the "red tape" got me at the end...I had to tell APRA every detail of who is taking part on the karaoke disc...the band, the composer, the karaoke disc mfg etc for the purpose of it paying royalties to the appropriate persons( if and when I sell my CD's) I could not do it...the task was too big.I had recorded in many places and it was beyond me to chase up) Secondly you are surely jesting when you suggested that I should pay a " broadcasting licence " to the appropriate Australian music authorities in order for me to upload songs on a website which is based in the USA (Daretosing) and the other in Holland (Kantstopkaraoke)? This proposal is absurd as I'll be paying a fee to an authority in Australia, but, that authority would have NO JURISDICTION over that website as it is based in another country.What if I make it a "condition of fairness" that the Australian authority COMPEL those websites to, as similiar to me in Australia, pay a broadcasting licence? No cigar mate! They CANNOT do it...no jurisdiction you see. In any case that "broadcasting licence" would not count in the United States and Holland. Please David open your eyes to the truth. I do not know what is blinding you to it (you say not envy)...but whatever it is please stop you will have a happier life. Regards

REPLY from David
Great to hear that you enjoy the pastime of karaoke and are under no illusions. I'm sorry that you think others are becoming agitated, and perhaps this misperception is more a matter of self-projection - in which case I apologise if I have made you feel less than comfortable. I am not suggesting you need a broadcasting licence - quite the opposite, in that it is the website that needs such a licence, and in any case matters of legality regarding the website's operation are solely the website owner's concern rather than being yours. Websites containing music are most certainly considered as broadcasting; no doubt on that subject at all. And DareToSing falls right into that category, as would Where2sing. You do however clearly need a licence of your own to be able to legally upload songs. I hope that you can now understand that this is a matter of fact, not purely my opinion. As a matter of correction, you would find on the APRA information needed in advance of your making CDs that you would be required to specify the number of CDs that you were going to make, and later would need to submit manufacturer's documentation attesting to the number manufactured - one of the fees that you would pay would be based on the number of CDs produced. I just want to make sure that there's no suggestion that APRA would take just a cut of your selling price, and that if you gave the CDs away free that there would be no fee to pay. Also, I think you should recognise that you are in no position to compel any authority such as APRA to do anything, especially such as a self-styled 'condition of fairness' - the Copyright Act is a matter of law, and it is up to you to comply. I'm sorry that again you choose to be discourteous in your 'open your eyes to the truth... please stop you will have a happier life' comment - I am spending time in helping you understand the subject of copyright law, and I think that you are not appreciative that this may well help you avoid criminal prosecution and a large fine. Would you like me to ask Sabrienne, director of MIPI, the enforcement and public education company working for APRA, to get in touch via email so that you can ask direct questions of her for an authoritative answer pertaining to your particular situation?
Submitted by karagoer on 15-09-2009

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