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Hang on guys, I've worked out a loophole...re: The fact that family gigs are excempt for alot of the heavier license costs.

 

No one who wants me to provide music at their function HIRES me...They ADOPT me for the duration of the gig... http://www.dj-forum.co.uk/html/emoticons/tongue.gif

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http://www.dj-forum.co.uk/html/emoticons/huh.gif

This is all a little worrying, i approached PPL etc when i first advertised in yellow pages etc as i thought i'd better make it sure i was above board. The information i got was very different (although was about 5 years or so ago)

 

The very nice man told me that the venue was responsible for the licence and i didn't need one for myself unless people had paid to enter, And i was the pocketing the takings (i.e. hired the hall for myself)

 

In fact the conversation was very short just sasked how much a licence would be for a mobile disco in Cambs using a PC & CD players the reply you can see above.... Sounds like they dont know where abouts there ass hangs. Be interested to hear the outcome & see what wording they use

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I see... its all as clear as mud!

 

So, if you play background music you pay less/dont need a certain type of licence... I take it that these bodies must work on the assumption then that if they cant hear it - it dont count!

 

I think Dans quotes just prove that they really dont know whats what! If we start pestering them then I will bet they will make something up especially for DJs!!

 

Im not gonna worry... the venues I work at have the licenses anyway!

WE LOVE KAREN, AND IT'S GREAT TO HAVE HER BACK !!!! xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

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QUOTE
People that think any private function is covered are wrong.

 

Of course that begs the question "What is a private function" because at the end of the day having been on the committee of various village halls and the like, WITHOUT PERMISSION noone can even enter the premises except with a warrant!!

 

(We even had to have it written into our constitution and hire agreements that trustees, keyholders, and officers of the Police or Fire brigade could enter at any time 'at the request of the management committee')

 

This had to be done to safeguard the premises and was drawn up by a Solicitor because had we not gone down this road and the premises were used for a 'private' function then even we would not be allowed to enter.

 

Just my 4d worth

 

Spin

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I keep seeing the words "police" mentioned here and there seems to be some confusion with regard to their role.

 

Note that it is not the police who carry random raids on either D.J's or Counterfeiters, nor is it the police who have to gather evidence against piracy matters.

 

The police are soley there in the capacity to PROTECT the authorities who are excercising the warrant.

 

Piracy in the UK usually comes under either the Trading Standards or FACT or in the case of £1,000,000's of organised crime then Customs & Excise it is not usually a police matter.

 

I don't condone the use of pirated material, and anybody advertising the fact that they use it will be warned and their posts edited. However, I do stand for the right of D.J's to convert one single copy of an original CD to PC for ease of cataloging and usability, this is no more a crime than somebody making a copy of a cd for use in a different media player, in a car cassette player, for example. If this is actually illegal then there are a heck of a lot of criminals out there!.

 

The police are not going en masse to raids of town and village halls to search your PC and ask to see original copies, lets have a bit of common sense and less scare mongering here.

 

D.J's who have been caught in the past and prosecuted, have been using illegal downloaded material NOT copies of original discs. If anybody can find me a story of a D.J being prosecuted for using copies of ORIGINAL discs then post the link here!.

 

A private function is a closed gathering or function where the guests attend by invitation. That means 18th's, Weddings, Anniversaries, 30th's , 40th's, 50th's, retirements etc etc, in short probably 90% of what work we do as Mobile D.J's.

 

Anybody wanting to access your equipment without your permission will require a signed warrant and a police presence. Except the customs and excise, no authority has the power to enter premises and access your property without a signed warrant. Neither do they have powers of arrest, nor any authority to detain you.

 

 

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Chris, that is not strictly true. Under the terms of the Police and Criminal Evidence act 1984 (PACE) if you are arrested on suspicion of ANY offence ( and bear in mind Behaviour likely to provoke a breach of the peace) an officer may enter WITHOUT warrant any building or part of a building, to which the person under arrest had access to imeadiatley prior to the alleged offence. Now should that officer believe that a laptop or any other computer has been used in commision of an offence, that equipment may be siezed for further examination. To give the authorities further time to examine this, it is normal to Bail the prisoner under Section 47-3 of the same act. That means the Police then have upto 28 days to continue investigations into the matter.

 

So, in theory, if Trading Standards were to approach Mr DJ and ask to see any material, they would probably be accompanied by a P.C. to ensure (as correctly pointed out by someone else above) that no Breach of the Peace occurs. Mr DJ says "No, go get your warrant!" Mr police man then arrests Mr DJ for "Conduct likely to Provoke a breach of the peace". Mr DJ is now under arrest, the police sieze his laptop, take him to station, bail him 47-3 for say 28 days, and allow trading standards to examine the laptop. When Mr DJ returns to answer his bail, thats when the cahrges are laid.

 

Interestingly enough, whilst MR DJ is in detention, his house can also be searched without a warrant. It just needs the Duty inspectors authorisation!

 

http://www.dj-forum.co.uk/html/emoticons/whistling.gif And I think to myself, What a wonderful world....... http://www.dj-forum.co.uk/html/emoticons/whistling.gif

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Its just a way of utilising the law to the advantage of the authorities! If you start an arguement in a public place ( so, say Mr DJ tells Trading Standards man to P:cense:s off) that is enough. If the Police man warns him about hios conduct ONCE, and then MR DJ carries on, he could also be arrested for Section 5 of the Public Order Act. This would be even easier, but the offender MUST have been warned at least once.

 

Remember, it only has to be "Behaviour LIKELY to cause a breach"... http://www.dj-forum.co.uk/html/emoticons/fear.gif

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It re-inforces what I have said.

 

Note that if a PC does not believe your identity or that your address is un-suitable for the service of summons ( ie travellers etc), there is also a Power of arrest under Section 23 of PACE.

 

So, in theory, if you drop a piece of litter in the street, refuse to pick it up when asked, then claim your name is Humpty Dumpty and you live in Cloud Cookoo land, the police can arrest, without warrant, under Pace until your identity can be confirmed.

 

Bit of topic now, but in reality, its the truth, whole truth and nothing........

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QUOTE (Chris_Pointon @ Feb 18 2004, 03:16 PM)
The police are not going en masse to raids of town and village halls to search your PC and ask to see original copies, lets have a bit of common sense and less scare mongering here.

Very logical point Chris.

 

Clarity on the above previous subjects can be sometimes blurred.

To devine what is legal in this whole area has been argued on and off all year.

 

Even members associated with DJ associations can not give 100% answers because the 'entire industry' is continuing to 'redefine' itself.

 

 

Further research if this really interests you:

The European Union Copyright Directive; Copyright and Related Rights Regulations 2003; Copyright Designs and Patents Act of 1988; Digital Millennium Copyright Act; 'Berne Convention'; the UK statute and directives, section 296; Cable and Satellite Directive; The Home Copying Exception; The Non-Commercial Broadcast Exception; Sony Corporation of America et al. v. Universal City Studios, Inc., et al 1983-1984; The Home Recording Rights Coalition (est 1981)

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