Legality of selling off your digital collection

mr.dj · Post by **mr.dj** » Thu Sep 08, 2011 3:34 pm

Does anyone understand the legal side of the following.
With CD+G disc's as far as I know it is quite legit to sell your collection off and anyone who buys them would be operating legally providing they were genuine original disc's.

Now what would the legitimacy be if you obtained all your MP+G collection from bonafida companies from Internet downloads. From my understanding even if you have all the receipts for the downloads anyone who bought them from you would be performing illegally. The same seems to me with the Sound Choice Gem series disc as you are only buying a license.
So a big investment in karaoke music is basically worthless if you decide to retire and sell your collection on. Or am I wrong

mnementh · Post by **mnementh** » Thu Sep 08, 2011 3:44 pm

I would imagine you are selling the license along with the files.

As long as the buyer has some form of legal transfer paperwork and YOU DO NOT USE ANY FORM OF COPY THEREAFTER, I don't see there being a problem.

Sandy.

DanG2006 · Post by **DanG2006** » Thu Sep 08, 2011 6:36 pm

The GEM series, if you ask permission may be transferred within reason. As for downloads, I don't know if that can be transferred legally. Let me get back to you on that.

DanG2006 · Post by **DanG2006** » Thu Sep 08, 2011 7:59 pm

A couple of my friends that I made in Charlotte suggested going to the sites and finding out what their terms were. Aside from that they say that you could probably get away with turning over the receipts with the downloads.

DanG2006 · Post by **DanG2006** » Thu Sep 08, 2011 8:07 pm

Tricerasoft says no way.

number 1 terms in their terms and conditions is:

1. All Songs are sold for USE and permission for KJs, Enthusiasts, or Private/Home entertainment. Songs can not be sold, redistributed, or shared. You agree to be the sole user of the content and each receipt will represent ONE copy of the song for use as a KJ, Enthusiast, or Private/Home user.

I am going to check with Chartbuster whether or not you can sell their KJ Media Pro.

Bigdog · Post by **Bigdog** » Thu Sep 08, 2011 9:44 pm

Sold, redistributed or shared.....

Yes but he is selling the entire lot in one large group correct?

The above statement means selling of copies or redistributing copies or sharing copies......

He is selling the original down loads and I assume not keeping any copies of them... That makes the difference...

DanG2006 · Post by **DanG2006** » Thu Sep 08, 2011 10:03 pm

How bout I post the entire terms or the link to them:

http://www.tricerasoft.com/terms_account.html

DanG2006 · Post by **DanG2006** » Thu Sep 08, 2011 10:13 pm

I just thought one way to get around that condition. Sell everything including your company name. Have all the songs registered as licensed to the company name. That way you're not violating the original agreement.

mnementh · Post by **mnementh** » Fri Sep 09, 2011 5:45 am

DanG2006 wrote:1. All Songs are sold for USE and permission for KJs, Enthusiasts, or Private/Home entertainment. Songs can not be sold, redistributed, or shared. You agree to be the sole user of the content and each receipt will represent ONE copy of the song for use as a KJ, Enthusiast, or Private/Home user.

I'm sorry Dan but I see nothing in that paragraph that would prohibit sale of the songs to another party.

The statement is very ambiguous as it clearly does NOT say anything about TRANSFERRING the license.

My read of your quoted paragraph is that you can't sell the songs WHILE keeping a copy for your own use.

As long as the buyer becomes the SOLE USER, complying exactly with the statement requirement, I see no problem with the sale.

Sandy

mr.dj · Post by **mr.dj** » Fri Sep 09, 2011 7:22 am

DanG2006 wrote:Tricerasoft says no way.

number 1 terms in their terms and conditions is:

1. All Songs are sold for USE and permission for KJs, Enthusiasts, or Private/Home entertainment. Songs can not be sold, redistributed, or shared. You agree to be the sole user of the content and each receipt will represent ONE copy of the song for use as a KJ, Enthusiast, or Private/Home user.

I am going to check with Chartbuster whether or not you can sell their KJ Media Pro.

Well as I read it states "Songs can not be sold" and "You agree to be the sole user"
So as I see it you can only use them for your own use.

In answer to Big Dog I am not at the moment contemplating selling, all my music is on CD+G disc but just trying to clarify how I would stand if I purchased all my new tracks via download and later decide to pack it up and sell my collection on, be it one whole lot or broken down into lots.
Then again these are tricersofts Terms, but they sell several brands all of whom have their own terms and conditions

Bigdog · Post by **Bigdog** » Fri Sep 09, 2011 1:25 pm

Most companies agree with a 1-1 copy deal. Meaning you can make 1 copy from an original disc. As a backup.

So the only legal way to sell off anything would be if you included the original disc as proof of ownership. With your back up copy to the new owner.

Anything else is considered piracy...

Your legal downloads would need to be accompanied with the original bill of sale and now I think it's a gray area....

DanG2006 · Post by **DanG2006** » Fri Sep 09, 2011 4:04 pm

Still waiting on Chartbuster on the HD.

Bigdog · Post by **Bigdog** » Sat Sep 10, 2011 3:39 pm

WARNING:

If you are a professional Karaoke Host, copying (media shifting) this disc or any Sound Choice song to a hard drive used in Commercial Business without WRITTEN PERMISSION or making multiple copies from a single disc or file may constitute willful infringement. Federal law allows for stauutory damages of up to $150,000 per song for willful Copyright infringement and $2,000,000 mark for willful Trademark infringement. Call 1-800-788-4487 to speak to a Customer Service Representative about obtaining a Covenant Not To Sue document and being in compliance, or visit www.soundchoice/covenant.html for more details and a sample document.

#1....Now I just found this in a new disc I just bought.
#2....My guess is if you go to that site to see the sample document they now have you IP address.
#3...$2 million per trademark
#4...Did the rules just change again?

What ever happened to 1-1?

DanG2006 · Post by **DanG2006** » Sat Sep 10, 2011 5:53 pm

No, they are still what I have been trying to tell you.

permission for 1:1 comes with a price. A simple audit, like I did last November, to ensure you are one to one gains you the covenant not to sue. The only change is the audit is good for one year and you have to pay for the time spent on the audit as they are doing this so that you can use their product on computer.

mr.dj · Post by **mr.dj** » Sat Sep 10, 2011 7:54 pm

DanG2006 wrote:No, they are still what I have been trying to tell you.

permission for 1:1 comes with a price. A simple audit, like I did last November, to ensure you are one to one gains you the covenant not to sue. The only change is the audit is good for one year and you have to pay for the time spent on the audit as they are doing this so that you can use their product on computer.

That is not quite what I am asking, what I'm asking is, if I sold them would the person who bought them still be legally be able to use them in his show, and would I legitimately be able to sell them on.
As I understand it with an original disc, I can legitimately sell it and whoever bought it would be able to use it without fear of prosecution.

The answer above throws up another question, "The audit is good for one Year", does this mean you have to do it annually ?

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