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Copyright in karaoke

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Copyright in karaoke

Copyright in karaoke

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  • 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com COPYRIGHT IN KARAOKE FILMA VARGHESE TRADE MARK DEPARTMENT
  • 2. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com INTRODUCTION & BACKGROUND • It is a form of participatory entertainment in which the participants sing along with a recorded arrangement of songs without the vocal tracks, while the lyrics are displayed in time with the music. • Karaoke is performed most often as a group activity in bars, restaurants, and nightclubs with large selections of Karaoke songs, or at group events where the Karaoke song selection is provided by a paid mobile Karaoke host. • Karaoke was born 20 years ago, according to legend, when a few stressed-out Japanese businessmen were looking for fun in a Kobe City snack bar. When a strolling guitarist didn't report for work due to illness, the owner of the bar produced some tapes of instrumental recordings. Many Japanese love to sing, and these businessmen were delighted to croon along with the tapes.
  • 3. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. • Singing over the melodies of popular tunes - or karaoke - has grown into a $10 billion dollar worldwide industry in just two decades. While karaoke is most popular in Asia, karaoke-related sales in the United States were estimated at $300 million last year. • With the birth of karaoke, owners of bars, restaurants and nightclubs discovered an inexpensive way to entertain their customers. Karaoke provides an alternative to live musicians, and many customers enjoy shedding their inhibitions to participate in the entertainment. Karaoke equipment has become more sophisticated in recent years. Many businesses hire a karaoke jockey or KJ to run the show, but it can be cheaper than a band.
  • 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com COPYRIGHT IN KARAOKE Copyright law DOES cover Karaoke... both in the making of karaoke discs and in the performance in a bar. Virtually all popular songs are copyrighted and can't be legally played in public without permission of the songwriter. Authorized Use A creator's right to his work is protected by Copyright Act. This right lasts as long as the creator is alive. The creator---in the case of karaoke, the songwriter or singer---must authorize the use of his creation---in this case, a song---for the commercial use of others. Generally, karaoke bars offer video recordings of customers singing. However, if the karaoke bar owner has not bought the rights to the song, he cannot legally record his customers singing.
  • 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. Fair Use Fair Use doctrine allows users to make copies or back up recordings for personal use. This doctrine can also apply to karaoke bar owners. Under the Fair Use principle, they can back up karaoke songs combined with graphics for archival purposes. The application of this doctrine to karaoke songs combined with graphics is controversial, though. Music and film corporations hold that making back-up copies of karaoke songs combined with graphics should not fall under the Fair Use doctrine because they make money off the rights to these materials. This exception is a subject of many court opinions, and much dispute among legal experts. The actual test for whether or not a use of copyrighted work is fair use has at least four factors: – The purpose and character of the use – The nature of the copyrighted work (creative work or merely factual) – How much of the copyrighted work was used – The effect of the use upon the potential market for or value of the copyrighted work
  • 6. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. Purpose and character The owner of the Karaoke CDG, whether a professional who performs or hosts public shows or a private individual, is not trying to profit from copying and reselling the CDG. They are either backing up the content of the CDG, or simply moving the content from the CDG format to a Hard Drive format (for example) for ease and efficiency of use. Nature of the copyrighted work The copyrighted works on a Karaoke CDG are creative works but typically not an original creative work.
  • 7. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. Portion of Work Used The question here is whether the minimal amount of the copyrighted work was used, or if more was used than was strictly necessary to accomplish the purpose. Market Effect Copying a Karaoke CDG for backup purposes or for ease of use will have relatively little effect on the market for or value of the copyrighted work on that CDG. Making a copy of a Karaoke CDG, whether as a backup, or a change in format to a hard drive, to the extent analyzed under the fair use rubric, should be considered a fair use. Under the US court's ruling in Riaa v. Diamond Multimedia , it seems likely that personal use or backup copies of electronic media (like CDGs, ebooks, or DVDs) would be found fair use if the issue were ever litigated.
  • 8. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. Synchronization Licensing If music is going to be used in sync with a visual image, whoever is broadcasting the music and image must buy a synchronization license.
  • 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com KARAOKE IN INDIA • Any organization or group organizing karaoke music in state-owned halls, auditoriums and theatres owned by them must obtain prior permission to do so from the Indian Performing Right Society (IPRS). • PPL and IPRS, have the copyright for recorded music played in public areas and rooms in hotels, as also for video films shown on television. IPRS charges license fee for the rights of the authors (lyricists) and composers while PPL charges license fee for sound recording of the music. • PPL deals only with sound recordings, while IPRS deals with the administration of musical and literary works. If a sound recording is used as is, license ought to be sought only from PPL. On the other hand, if only the musical score and the lyrics are used, as is the case in live concerts, you need to get a license from IPRS.
  • 10. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com IPRS – Indian Performing Right Society limited • An authorized body under section 33 of the Copyright Act • Established in the year 1969. • A member of the Copyright Enforcement Advisory Council and protects the performing and synchronization rights of composers, songwriters and publishers. • To issue license for hosting Live Performance Musical shows and collect royalties on behalf Music Directors, Lyricists and Music Companies. • Under section 34 of the Copyright Act, IPRS has the exclusive right to issue licenses for live performances. • IPRS license need not be obtained by a Band/ Artists but by event company or venue owner organizing the live act musical show. • IPRS license fee shall be exempted for religious shows.
  • 11. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com PPL – Public Performance License • A copyright society authorized by the government of India to collect Public Performance License fees. It mainly safeguards music copyrights belonging to various music companies. • It gives permission to use all recordings administered controlled by PPL. It does not permit you to play sound recordings not administered by PPL. • A public performance license does not allow you to re-record commercial sound recordings onto other media. • PPL license are mainly issued on two modes. • Yearly base - For regular routine in-house hotel or restaurant programs. • Per event - For any new indoor / outdoor conceptualized event which would be a onetime or annual event.
  • 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CASE LAW • InZomba Enterprises, Inc. v. Panorama Records, Inc., 2001 WL 1814319 (6th Cir. 2007), the Sixth Circuit addressed the interaction of copyright law and karaoke music. The defendant in Zomba does not seem to have thought about the possible effects of intellectual property law on its conduct, and it paid a heavy price for this omission. • The Copyright Act, however, affords protection to “musical works, including any accompanying words.” 17 U.S.C. § 102(a)(2). Plaintiff Zomba Enterprises publishes and holds copyrights to various songs, including music performed by pop music performers such as 98 Degrees, the Backstreet Boys, NSYNC, and Britney Spears. Zomba learned that Panorama’s karaoke packages contained unauthorized copies of some of Zomba’s songs. Zomba filed suit asserting thirty counts of copyright infringement – one count for each Zomba-owned musical composition that Panorama recorded and sold in its karaoke packages. • The Sixth Circuit rejected Panorama’s argument that its copying of Zomba’s songs should be considered “fair use” under the Copyright Act. Section 107 of the Copyright Act provides that “the fair use of a copyrighted work . . . for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.” 17 U.S.C. § 107. In analyzing a fair use claim, a court is also to consider the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the use in relation to the copyrighted work as a whole, and the effect of the use upon the potential market for or value of the copyrighted work.
  • 13. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com CONTINUED…. • The Sixth Circuit held that, in particular, a court assessing fair use should consider whether the use is transformative. A work is transformative and more likely to be protected by the fair use defense if it adds something new or alters the work with new expression or different character. In this case, Panorama’s hired musicians did not change the music or the words of the songs. • The court also rejected Panorama’s contentions that its use was transformative because, unlike the original songs, the karaoke packages could be used as a teaching tool and encouraged creativity. Panorama admitted, however, that karaoke is primarily a form of entertainment, and it was unable to produce any evidence that its discs had ever been used as a “teaching” tool. The court also noted that the end-user’s utilization of the discs was largely irrelevant to the fair- use analysis. According to the court, “Zomba does not challenge karaoke crooners’ renditions (atrocious or otherwise) of the relevant compositions, but rather Panorama’s decision to copy these songs onto CD+Gs and then distribute them without paying royalties.” Panorama’s use of the songs was commercial in nature, and the “creativity” of the karaoke performers did not change that fact. • Panorama also failed to prove its copying did not adversely affect the market value of Zomba’s copyrights. The court went on to conclude that Panorama’s copying was willful and sustained the district court’s award of $31,000 in damages per infringement plus attorney’s fees. For business concerned about copyright infringement, the decision in Zomba highlights the evolving law of copyrights and the limits of the fair use doctrine.
  • 14. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com THANK YOU