I just mentioned I have new discs here.
I opened a Sound Choice and it contains this paper WARNING:
Word for word...
WARNING:
Copying this disc or any Sound Choice song to a hard drive for commercial use without the proper permission or making multiple copies from a single disc or file constitutes willful infringement which may incur stautory damages of not less than $750 per song. Call 1-800-788-4487 to speak to a Customer Service Representative about getting a discounted rate on our library so your business is in compliance.
First it seems they have once again reversed their policy about 1-1.
Second when I put their discs in my computer to burn them the drive won't recognise the disc. I tried 2 I have a few more to try. Forget this one, my ripper setting was set to the other drive.
Third, ask about a discounted rate on our entire library so your business is in compliance.
ONLY If I buy your entire library I'm good to go? BLACKMAIL
Sound Choice WARNING
Sounds like we will only be consider legal if and only if we buy their MPS files and it sounds like you will have to buy all of them. How much will it cost us to become Sound Choice legal? How many songs do they have?
This new notice is something their lawyer advised them to write to help them win the lawsuits.
I say if this new "rule" they just started would only be affective on the date it was first advertised. Not retroactive to the very first song they sold.
This new notice is something their lawyer advised them to write to help them win the lawsuits.
I say if this new "rule" they just started would only be affective on the date it was first advertised. Not retroactive to the very first song they sold.
You are missing the point.
I already own over 150 legal Sound Choice discs. That's over $3,000
They want me to pay another "fee" to be legal?
A FEE FOR WHAT?
To use them in a bar? They want to make a profit all over again.
Maybe they should just charge double for each disc.
I'm not re-buying anything. They aren't the only game in town and there are other companies that are now making the same songs they have.
Do they want to buy all my damaged Sound Choice discs that have disappearing foil? I bought them in good faith thinking it was a quality product. These discs are useless now. Not broken or scratched beyond recognition. JUST HOLES IN THE FOIL. Most are out of print and can not be replaced.
I already own over 150 legal Sound Choice discs. That's over $3,000
They want me to pay another "fee" to be legal?
A FEE FOR WHAT?
To use them in a bar? They want to make a profit all over again.
Maybe they should just charge double for each disc.
I'm not re-buying anything. They aren't the only game in town and there are other companies that are now making the same songs they have.
Do they want to buy all my damaged Sound Choice discs that have disappearing foil? I bought them in good faith thinking it was a quality product. These discs are useless now. Not broken or scratched beyond recognition. JUST HOLES IN THE FOIL. Most are out of print and can not be replaced.
CHARTBUSTER WARNING
This is inside a new Chartbuster disc.
WARNING COPYRIGHT INFRINGEMENT
IS IT REALLY WORTH IT?
If you are copying CD+G Karaoke Discs for your friends, downloading Karaoke files without paying, loading up or swapping hard drives wthout proper authorization, the message is simple.
YOU ARE BREAKING THE LAW.
You face serious consequences if you illegally swap files or copy a disc for someone else. The only way not to get caught is to stop. You're not only stealing from the Karaoke Manufacturers, but also from the Music Publishers and Song Writers. Therefore, we all want to know who is stealing the music. So let us know if you know a KJ, DJ, a Club or any person or persons that are involved in these illegal activities. By supporting the illegal copying and distribution of bootlegged Karaoke CD+Gs or hard drives loaded with thousands of songs you put the legitimate manufacturers, dealers and distributors out of business. As a result, no new products will become available.
You Will Remain Anonymous.
We need your help now!!! The R.I.AA, Music Publishers and the Karaoke Music Producers will prosecute. You can be fined up to $250,000 and imprisoned for up to 5 years, or both.
IS IT REALLY WORTH IT?
Help us stop them from stealing our music before they stop us from making any new music. The future of Karaoke is in your hands...
Please report all violators to:
Illegalkaraokedot com or call 800-0000000 Email to violators@illegalkaraokedot com
It sounds to me like they are all backing away or are going to from the 1-1 deal.
It must have been screwing up the prosecutions.
This is inside a new Chartbuster disc.
WARNING COPYRIGHT INFRINGEMENT
IS IT REALLY WORTH IT?
If you are copying CD+G Karaoke Discs for your friends, downloading Karaoke files without paying, loading up or swapping hard drives wthout proper authorization, the message is simple.
YOU ARE BREAKING THE LAW.
You face serious consequences if you illegally swap files or copy a disc for someone else. The only way not to get caught is to stop. You're not only stealing from the Karaoke Manufacturers, but also from the Music Publishers and Song Writers. Therefore, we all want to know who is stealing the music. So let us know if you know a KJ, DJ, a Club or any person or persons that are involved in these illegal activities. By supporting the illegal copying and distribution of bootlegged Karaoke CD+Gs or hard drives loaded with thousands of songs you put the legitimate manufacturers, dealers and distributors out of business. As a result, no new products will become available.
You Will Remain Anonymous.
We need your help now!!! The R.I.AA, Music Publishers and the Karaoke Music Producers will prosecute. You can be fined up to $250,000 and imprisoned for up to 5 years, or both.
IS IT REALLY WORTH IT?
Help us stop them from stealing our music before they stop us from making any new music. The future of Karaoke is in your hands...
Please report all violators to:
Illegalkaraokedot com or call 800-0000000 Email to violators@illegalkaraokedot com
It sounds to me like they are all backing away or are going to from the 1-1 deal.
It must have been screwing up the prosecutions.
Did you get it in writing???DanG2006 wrote:While they post it on site those that own the discs and can produce them when asked to will be allowed to continue to use them on the hard drive provided it is in a 1:1 ratio. I got this word from Kurt Slep on another forum. Kurt is the man to talk to as he is an owner of Sound Choice.
What constitutes proper authorization? Is there such a thing to put music from a disc onto a hard drive? Who gives that? Who has the right to say you can? Why?
I thought the format shifting issue was unsolved unless the producers paid another fee to the publishers or whoever, which last I heard...didn't happen.
Did all these manufacturers pay an additional fee for all their music so they could give out that authorization?
R. I. A.A. should be R.A.T.
I thought the format shifting issue was unsolved unless the producers paid another fee to the publishers or whoever, which last I heard...didn't happen.
Did all these manufacturers pay an additional fee for all their music so they could give out that authorization?
R. I. A.A. should be R.A.T.
from another forum the terms of the audit that Sound Choice is offering those that they name in suit to clear their name:
INITIALS AUDIT ACKNOWLEDGEMENT – PAGE 1 OF 2
KARAOKE LIBRARY AUDIT
ACKNOWLEDGEMENT OF TERMS
THIS DOCUMENT MAY AFFECT YOUR LEGAL RIGHTS. DO NOT SIGN IT WITHOUT READING IT.
THIS DOCUMENT IS NOT A SETTLEMENT AGREEMENT.
THIS DOCUMENT IS NOT BEING TENDERED AS PART OF SETTLEMENT NEGOTIATIONS.
You have requested that your karaoke library be audited in order to have this information considered as one of the factors in
resolving a dispute between you and Sound Choice Studios, Inc., and Slep-Tone Entertainment Corp. (together, “Sound Choice”).
Your signature below indicates your acknowledgement of the following terms for this audit:
1. YOUR REQUEST FOR AUDIT. Your signature below constitutes your request for an audit of your karaoke library. Sound
Choice has agreed to conduct this audit at its own expense (except for incidental expenses you may incur in assembling
your materials for the audit).
2. EXISTING EVIDENCE. A Sound Choice representative has already visited one or more of your shows and gathered evidence,
including photographs, song lists, and other information, that based upon our experience reflects a high probability that
you have committed acts of infringement. You have been sued for trademark infringement involving counterfeiting. In
summary, you have been accused of playing karaoke accompaniment tracks that include a display of Sound Choice
trademarks, without owning a legal CD+G disc containing that track for each system on which you store that track.
3. REJECTION OF SETTLEMENT OFFER. You acknowledge that Sound Choice has offered to settle this matter on certain
conditions. Your request for an audit constitutes a rejection of that settlement offer. Sound Choice’s policy is to increase
its settlement demand at the conclusion of an audit, if you are determined to have infringed its intellectual property.
4. SCOPE OF AUDIT. Sound Choice will conduct an audit of your karaoke library to determine whether you have legitimately
acquired a legal copy of every Sound Choice karaoke accompaniment track stored in your karaoke library. A Sound Choice
track is deemed to have been legitimately acquired only if you own an original CD+G (compact disc plus graphics) disc
containing that track. If you have transferred the track to another format (“media-shifted”), you must own an original
CD+G disc containing that track for each such system to which you have transferred that track, in order to be considered in
compliance. Sound Choice has also been authorized by other manufacturers of karaoke accompaniment tracks, including
Chartbuster, Stellar, Pocket Songs, Priddis Music, and others, to perform a simultaneous audit on their behalf; your audit
may include those manufacturers. Sound Choice will provide the results to those manufacturers, who may begin their own
lawsuits against you if you are not in compliance. These other manufacturers will be identified on the day of the audit.
5. RIGHT TO TERMINATE. You have the right to terminate the audit at any time; however, you should be aware that Sound
Choice may use all available legal process, including obtaining a court order, to obtain the information it is collecting
through this audit. Destruction of evidence, whether performed before or after the audit, may constitute “spoliation”
and may subject you to sanctions from the court.
6. AUDIT PROCEDURES. The following procedures will be used to conduct the audit:
A. A Sound Choice representative will contact you to arrange for a mutually acceptable time and place for the audit.
B. If at any time during the audit process you fail to cooperate fully with the representative’s requests, the audit
may terminate and Sound Choice will consider you to have failed the audit.
C. You should assemble for inspection all of your karaoke discs, CAVS machines, computers (including laptops), and
any other apparatus containing karaoke media, whether being used for active or backup purposes, in the
designated location at the designated time. If any additional equipment is necessary to access the media
(including but not limited to keyboard/mouse, monitor, or the like), you should bring that equipment as well.
Failure to present all materials for inspection will constitute failure of the audit.
D. You should also assemble for inspection all of your song lists and receipts from disc purchases made within the last
five years. Receipts for disc purchases may be verified against seller records to prevent falsification. Discs
acquired after Sound Choice’s initial investigation will be matched against load dates on your system to determine
whether infringement occurred prior to acquisition of the disc. An indication of a track loaded before purchase
will be considered an indication of infringement and will constitute failure of the audit.
AUDIT ACKNOWLEDGEMENT – PAGE 2 OF 2
E. During the audit, each disc will be marked using an indelible method. This marking will not interfere with your
ability to play the disc but will prevent that disc from being re-used in an audit of another company.
F. Sound Choice may employ software designed to examine any hard drives in your possession to determine whether
songs have been deleted from the system after Sound Choice’s investigation began. A deleted track file may
indicate an attempt at spoliation and constitute evidence of willful infringement, as well as an audit failure.
G. You should be prepared to demonstrate that you, or one of your employees, loaded every song stored other than
on a CD+G onto the machine where it is stored. If you purchased a pre-loaded hard drive or CAVS machine, you
should be aware that Sound Choice has never authorized a transfer of that type. Possession of a pre-loaded
system will be considered failure of the audit.
7. SUCCESSFUL AUDIT. You will be deemed to have successfully completed the audit if you comply fully with these terms in all
respects and if the audit shows that for every audited track, you own one legitimately acquired original disc containing that
track for every individual machine (CAVS machine, laptop, or other device you use for media storage for a karaoke show)
that contains that track. This is known as “1:1 correspondence.”
8. DISMISSAL OF SUIT. If you successfully complete the audit, Sound Choice will be willing to dismiss the suit against you
provided that you agree to adhere to all applicable copyright and trademark laws with regard to the use of Sound Choice
accompaniment tracks and to submit to future audits at Sound Choice’s reasonable request.
9. USE OF AUDIT RESULTS. You acknowledge that Sound Choice may use the results of the audit it conducts in any way it
deems appropriate, including as evidence against you in the pending suit.
10. FAILED AUDIT. At the conclusion of a failed audit, Sound Choice will tender you a new settlement offer that is at least
$2,000 per system higher than the most recent settlement offer made. If that settlement offer is not accepted within 14
days of being tendered, it will be withdrawn, and Sound Choice will be committed to seeing the lawsuit to its conclusion. In
that event, you should be aware that statutory damages for trademark counterfeiting can be as high as $2,000,000 per
mark (there are two federally registered trademarks at issue here, for a total of $4,000,000). You should also be aware that
in a recent case involving non-commercial file-sharing, Capitol Records v. Thomas, a jury awarded almost $2 million to the
record labels who sued an individual. Because your use is commercial, Sound Choice believes it can obtain a significant
verdict against you.
11. ADVICE OF COUNSEL. You acknowledge that you have had the opportunity to review this document and to obtain an
opinion of counsel regarding it prior to signing it.
Your signature below constitutes a rejection of any and all outstanding settlement offers from Sound Choice and an
acknowledgement of the terms of audit.
IF YOU ARE UNCOMFORTABLE WITH ANY OF THE TERMS ABOVE, DO NOT SIGN THIS DOCUMENT.
SIGNATURE PRINTED NAME
COMPANY NAME TITLE
DATE E-MAIL ADDRESS TELEPHONE NUMBER
THIS DOCUMENT MAY AFFECT YOUR LEGAL RIGHTS. DO NOT SIGN IT WITHOUT READING IT.
THIS DOCUMENT IS NOT A SETTLEMENT AGREEMENT.
THIS DOCUMENT IS NOT BEING TENDERED AS PART OF SETTLEMENT NEGOTIATIONS.
INITIALS AUDIT ACKNOWLEDGEMENT – PAGE 1 OF 2
KARAOKE LIBRARY AUDIT
ACKNOWLEDGEMENT OF TERMS
THIS DOCUMENT MAY AFFECT YOUR LEGAL RIGHTS. DO NOT SIGN IT WITHOUT READING IT.
THIS DOCUMENT IS NOT A SETTLEMENT AGREEMENT.
THIS DOCUMENT IS NOT BEING TENDERED AS PART OF SETTLEMENT NEGOTIATIONS.
You have requested that your karaoke library be audited in order to have this information considered as one of the factors in
resolving a dispute between you and Sound Choice Studios, Inc., and Slep-Tone Entertainment Corp. (together, “Sound Choice”).
Your signature below indicates your acknowledgement of the following terms for this audit:
1. YOUR REQUEST FOR AUDIT. Your signature below constitutes your request for an audit of your karaoke library. Sound
Choice has agreed to conduct this audit at its own expense (except for incidental expenses you may incur in assembling
your materials for the audit).
2. EXISTING EVIDENCE. A Sound Choice representative has already visited one or more of your shows and gathered evidence,
including photographs, song lists, and other information, that based upon our experience reflects a high probability that
you have committed acts of infringement. You have been sued for trademark infringement involving counterfeiting. In
summary, you have been accused of playing karaoke accompaniment tracks that include a display of Sound Choice
trademarks, without owning a legal CD+G disc containing that track for each system on which you store that track.
3. REJECTION OF SETTLEMENT OFFER. You acknowledge that Sound Choice has offered to settle this matter on certain
conditions. Your request for an audit constitutes a rejection of that settlement offer. Sound Choice’s policy is to increase
its settlement demand at the conclusion of an audit, if you are determined to have infringed its intellectual property.
4. SCOPE OF AUDIT. Sound Choice will conduct an audit of your karaoke library to determine whether you have legitimately
acquired a legal copy of every Sound Choice karaoke accompaniment track stored in your karaoke library. A Sound Choice
track is deemed to have been legitimately acquired only if you own an original CD+G (compact disc plus graphics) disc
containing that track. If you have transferred the track to another format (“media-shifted”), you must own an original
CD+G disc containing that track for each such system to which you have transferred that track, in order to be considered in
compliance. Sound Choice has also been authorized by other manufacturers of karaoke accompaniment tracks, including
Chartbuster, Stellar, Pocket Songs, Priddis Music, and others, to perform a simultaneous audit on their behalf; your audit
may include those manufacturers. Sound Choice will provide the results to those manufacturers, who may begin their own
lawsuits against you if you are not in compliance. These other manufacturers will be identified on the day of the audit.
5. RIGHT TO TERMINATE. You have the right to terminate the audit at any time; however, you should be aware that Sound
Choice may use all available legal process, including obtaining a court order, to obtain the information it is collecting
through this audit. Destruction of evidence, whether performed before or after the audit, may constitute “spoliation”
and may subject you to sanctions from the court.
6. AUDIT PROCEDURES. The following procedures will be used to conduct the audit:
A. A Sound Choice representative will contact you to arrange for a mutually acceptable time and place for the audit.
B. If at any time during the audit process you fail to cooperate fully with the representative’s requests, the audit
may terminate and Sound Choice will consider you to have failed the audit.
C. You should assemble for inspection all of your karaoke discs, CAVS machines, computers (including laptops), and
any other apparatus containing karaoke media, whether being used for active or backup purposes, in the
designated location at the designated time. If any additional equipment is necessary to access the media
(including but not limited to keyboard/mouse, monitor, or the like), you should bring that equipment as well.
Failure to present all materials for inspection will constitute failure of the audit.
D. You should also assemble for inspection all of your song lists and receipts from disc purchases made within the last
five years. Receipts for disc purchases may be verified against seller records to prevent falsification. Discs
acquired after Sound Choice’s initial investigation will be matched against load dates on your system to determine
whether infringement occurred prior to acquisition of the disc. An indication of a track loaded before purchase
will be considered an indication of infringement and will constitute failure of the audit.
AUDIT ACKNOWLEDGEMENT – PAGE 2 OF 2
E. During the audit, each disc will be marked using an indelible method. This marking will not interfere with your
ability to play the disc but will prevent that disc from being re-used in an audit of another company.
F. Sound Choice may employ software designed to examine any hard drives in your possession to determine whether
songs have been deleted from the system after Sound Choice’s investigation began. A deleted track file may
indicate an attempt at spoliation and constitute evidence of willful infringement, as well as an audit failure.
G. You should be prepared to demonstrate that you, or one of your employees, loaded every song stored other than
on a CD+G onto the machine where it is stored. If you purchased a pre-loaded hard drive or CAVS machine, you
should be aware that Sound Choice has never authorized a transfer of that type. Possession of a pre-loaded
system will be considered failure of the audit.
7. SUCCESSFUL AUDIT. You will be deemed to have successfully completed the audit if you comply fully with these terms in all
respects and if the audit shows that for every audited track, you own one legitimately acquired original disc containing that
track for every individual machine (CAVS machine, laptop, or other device you use for media storage for a karaoke show)
that contains that track. This is known as “1:1 correspondence.”
8. DISMISSAL OF SUIT. If you successfully complete the audit, Sound Choice will be willing to dismiss the suit against you
provided that you agree to adhere to all applicable copyright and trademark laws with regard to the use of Sound Choice
accompaniment tracks and to submit to future audits at Sound Choice’s reasonable request.
9. USE OF AUDIT RESULTS. You acknowledge that Sound Choice may use the results of the audit it conducts in any way it
deems appropriate, including as evidence against you in the pending suit.
10. FAILED AUDIT. At the conclusion of a failed audit, Sound Choice will tender you a new settlement offer that is at least
$2,000 per system higher than the most recent settlement offer made. If that settlement offer is not accepted within 14
days of being tendered, it will be withdrawn, and Sound Choice will be committed to seeing the lawsuit to its conclusion. In
that event, you should be aware that statutory damages for trademark counterfeiting can be as high as $2,000,000 per
mark (there are two federally registered trademarks at issue here, for a total of $4,000,000). You should also be aware that
in a recent case involving non-commercial file-sharing, Capitol Records v. Thomas, a jury awarded almost $2 million to the
record labels who sued an individual. Because your use is commercial, Sound Choice believes it can obtain a significant
verdict against you.
11. ADVICE OF COUNSEL. You acknowledge that you have had the opportunity to review this document and to obtain an
opinion of counsel regarding it prior to signing it.
Your signature below constitutes a rejection of any and all outstanding settlement offers from Sound Choice and an
acknowledgement of the terms of audit.
IF YOU ARE UNCOMFORTABLE WITH ANY OF THE TERMS ABOVE, DO NOT SIGN THIS DOCUMENT.
SIGNATURE PRINTED NAME
COMPANY NAME TITLE
DATE E-MAIL ADDRESS TELEPHONE NUMBER
THIS DOCUMENT MAY AFFECT YOUR LEGAL RIGHTS. DO NOT SIGN IT WITHOUT READING IT.
THIS DOCUMENT IS NOT A SETTLEMENT AGREEMENT.
THIS DOCUMENT IS NOT BEING TENDERED AS PART OF SETTLEMENT NEGOTIATIONS.
What kind of settlements have been offered if they sue you?
Pay us money and we're even? Does that cover ever disc manufacturer?
Don't pay and take your chances in court?
What's the price to re buy their entire library?
Who do they really want? The KJ that just has a 1-1 business or the guy selling hard drives?
The 1-1 KJ isn't hurting them at all.
Pay us money and we're even? Does that cover ever disc manufacturer?
Don't pay and take your chances in court?
What's the price to re buy their entire library?
Who do they really want? The KJ that just has a 1-1 business or the guy selling hard drives?
The 1-1 KJ isn't hurting them at all.
