Boldly walking the blurry line of karaoke

[Illinoise]

I'm sure this probably gets brought up ALL the time ... *a-hem* ... but does anyone know where karaoke falls into the whole RIAA spectrum?

NASA Janet and I used karaoke for the broadcast. When we karaoke on the show, a) it's a new recording without original music/vocals, so I think we're exempt from RIAA jurisdiction, and b) we're not providing the graphical part of CDGs (which would make it an audio-visual piece for the MPAA. It's still a derivitive of the music and lyrics of the original artist, so I would guess that ASCAP/BMI would be the only ones we'd be responsible to ... and how much policing do they do on-line?

I love living dangerously. And, I'd rather not pay the RIAA licensing fee. Thoughts?

[PBCliberal]

NASA Janet and I used karaoke for the broadcast. When we karaoke on the show, a) it's a new recording without original music/vocals, so I think we're exempt from RIAA jurisdiction, and b) we're not providing the graphical part of CDGs (which would make it an audio-visual piece for the MPAA.
The intellectual property of the music and lyrics seems (not an attorney, nor do I play one on TV) pretty clear and as you describe. A license is required, just as if you did a cover of it and pressed a record under a mechanical.

When you Karaoke, I assume you're singing to a track. What is the nature of the track, and aren't there performance rights involved in that?

[Illinoise]

Well, there are performance rights, as we are singing to a track, but the track was created by a karaoke company. That company had to pay a fee, I'm sure, to make the track. Therefore, we would have to pay a fee to the karaoke company (not original recording company), ASSUMING they're under RIAA jurisdiction (which I highly doubt). It's like if we used a track from an indie artist, there's very little chance that artist is represented by the RIAA ... I've heard karaoke companies are the same way.

Not sure if this is accurate or legal ... I guess my larger question is are we in direct violation of the RIAA? The other agencies don't scare me half as much. I'm not trying to be illegal, but I am not interested in licensing fees and requirements if I'm not in imminent danger of prosecution.

[Craig]

You heard incorrectly...the Karaoke company pays fees for reproduction rights. You're responsible for paying fees for performance rights. Sorry!

Craig

[Illinoise]

Hrrrumph. I fear you may be right. And I was rightfully rebuked! Thanks, Craig.

And by the way, great cast, Craig. I don't think you get enough credit for putting on a high-quality (if not ETERNALLY RELEVANT!) show. My hat's off to you! Keep up the good work (and good Word!).

[Craig]

Hmm...well a rebuke wasn't what I was going for but you're welcome! And thanks for the positive feedback too. Now I just need to figure out how to get my voice to sound the same in two consecutive podcasts.

Craig