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This whole thing confuses me, also.........

 

Which is exactly why legislation is never written in easy to understand terms, and nothing is ever explained in detail. It is designed to confuse. http://www.dj-forum.co.uk/html//emoticons/biggrin.gif

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JUst got in and now finished sending further follow-on email to PPL, basically just clarifying what their previous answers semi-confirmed - getting rid of ambiguities (sp?)

 

The newest questions are the ones inbetween the lines of astericks "*****"

 

QUOTE

a fair few questions have been raised relating to some of the answers, mostly simply seeking further clarification:

Below, I've listed the PPL Terms and conditions, my original question, your answer, etc.   For clarity, I've enclosed the new question within two lines of asteriks' "*****"

 
2.2       For the avoidance of doubt no rights in respect of the following acts are granted under this Licence:
            (1)        the public performance of Sound Recordings;
(3)        the Dubbing of Sound Recordings for the purpose of the public performance of those Sound Recordings as background music; and
(4)        the transfer of Sound Recordings to third parties (including other DJs).
 
With regards to 2.2  (1) “the public performance of Sound Recordings”   it is my understanding that there has been no need for a specific PPL type license if a mobile DJ is booked privately to play music at a private party, eg: A Dad books a disco for his daughters wedding reception, where family and friends will be invited to attend free of charge.  If the DJ in this “family event” example were to be using tunes recorded onto a hardrive or CDR’s (from existing vinyl) etc, would the DJ still need this dubbing license, even though the event was private/family?

PPL: The licence only allows copying for the purposes of public performance as specially featured entertainment.  It would not, therefore cover events that do not qualify as public performances.

****************************************************************************************************************************************** I take this to mean that either that harddrive systems such as laptops and PC's can only be used at public functions eg: Dinner dances, Office Christmas Parties etc but NOT at private do's eg: Weddings, 40th Birthdays, and pay-on-the-door events...meaning that a DJ doing private gigs would need to cover themselves with some other licence at such events, OR it means that no performance licences are required for such events - Possibly an SG-6 would enable CDRs to be created, but to my knowledge, the SG6 does not cover hard drives.
******************************************************************************************************************************************

 
With regards to 2.2 (3).  Part of many family events include a certain amount of background music, for example mobile DJ’s are often asked to set up their equipment before a wedding breakfast and provide quiet background music during the meal, or whilst people wish to converse prior to the evening buffet etc. all of this being prior to the music being elevated to the main source of entertainment, eg: music to dance to.    Would 2.2(3) restrict music tracks stored on a DJs DJ database from being used for background music, as described in my example above, necessitating  a non-database method of background music being played prior to the main disco music?
 
PPL: Yes.

****************************************************************************************************************************************** A harddrive based system can be used to play primary music - eg: music which is provided as the primary source of entertainment - but NOT background music - suggesting that background music/buffet music must still come from non-hard drive music sources eg: CD-deck/vinyl.  What in PPL's eyes constitutes background music? is it the volume at which it is played? whether the content is of a dance-able music style/genre etc, whether it is played on a system only capable of reporducing music at nothing more than very quiet levels.
******************************************************************************************************************************************



3.         Dubbing obligations
3.1       The Licensee hereby warrants, represents and undertakes that it shall:
(1)        Dub each Track in its entirety provided that the Fade-down Section of any Track may be subject to the use of premature fade and cross-faded or overlapped with the Track following immediately thereafter provided that the period of audible cross fade or overlap does not exceed 2 (two) seconds;

This obligation confuses me totally.  Does it mean that when played out to an audience, two different, single tracks must not be mixed/blended together for more than 2 seconds overlap?  Or, does it mean that at the point of dubbing tracks onto the DJ database, that no automatic overlap is utilised DURING the dubbing process.  Eg: All tracks must be dubbed as single recordings eg:  2 different 3 minute tracks must not be blended into 1 x 6 minute track stored on the DJ database.   Or, does it mean that 2 different 3 minute tracks CAN be blended together with a 2 second crossfade, making 1 x long track of 5minutes and 58seconds on the DJ database – but that say, a 10 second crossfade between the 2  tracks, creating 1 x long track of 5 minutes 50 seconds, is not permitted to be stored as a single track on the DJ database.

PPL: The obligation relates to the dubbing process rather than the play out - meaning that your last example is correct.

******************************************************************************************************************************************  I take this to mean that you cant record your own megamixes, remixes etc onto the harddrive - only single tracks - UNLESS your mix from track to track is 2 seconds of overlap, or less at the very very end of the tracks in question (no mixing out half way through).  So, if the original track had a duration of 3:00, and I wanted record this track onto a harddrive as a mix with another track - recording the "mix" of the tracks onto the harddrive for playback later at a public function would be ok, so long as the crossfade, or mix started at 2mins and 58seconds on the first track, and the mix only had a duration of 2 seconds
******************************************************************************************************************************************
 

Is it again, OK for me to include your new replies on a DJ forum?

 
Many thanks in advance for your continued attentions in this matter.
 
Thank you


Gary
Edited by Gary

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

 

this is very true

They don't call me Krazy for nothing! Krazy by name - Krazy by nature !!!

Age doesn't matter, unless you're a cabinet!

K K Disco

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http://www.dj-forum.co.uk/html//emoticons/beer.gif This license also isnt applicable to invites, be it in a pub, function room etc, hence why 99% of pubs when thye do a new years bash do it by bookings only, call it a loophole in the law and its done on purpose..
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Yes, but it's illegal to 'rip' your CDs to mp3 or whatever other format you choose anyhow. You still can't play 'digital media' (Bloody silly name really, as a normal CD is digital.) at a private function, but for different reasons.

 

The law would be so much simpler it allowed people to make copies of originals in their ownership, with just the obvious restriction that you can only use them yourself.

 

A man can dream, can't he?? .... http://www.dj-forum.co.uk/html//emoticons/rolleyes.gif

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QUOTE (Andy Westcott @ Oct 30 2005, 11:13 AM)

A man can dream, can't he?? ....  http://www.dj-forum.co.uk/html//emoticons/rolleyes.gif

To flipping right, one thing they will never stop, this is all a joke really cos the artists will never see a penny of all the money collected, call it instatutional legal money laundering or what you like but its a farce and they know it.

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QUOTE (chrismk @ Nov 1 2005, 08:14 PM)
QUOTE (Andy Westcott @ Oct 30 2005, 11:13 AM)

A man can dream, can't he?? ....  http://www.dj-forum.co.uk/html//emoticons/rolleyes.gif

this is all a joke really cos the artists will never see a peeny of all the money rasied, call it instatutional legal money laundering or what you like but its a farce and they know it.

You've wheted my appertite - Are you able you post a link to where you found this information about the artists not seeing the cash?

Edited by Gary

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QUOTE (Gary @ Nov 1 2005, 07:27 PM)
QUOTE (chrismk @ Nov 1 2005, 08:14 PM)
QUOTE (Andy Westcott @ Oct 30 2005, 11:13 AM)

A man can dream, can't he?? ....  http://www.dj-forum.co.uk/html//emoticons/rolleyes.gif

this is all a joke really cos the artists will never see a peeny of all the money rasied, call it instatutional legal money laundering or what you like but its a farce and they know it.

You've wheted my appertite - Are you able you post a link to where you found this information about the artists not seeing the cash?

And can you post a link to any artists that have recieved such royalties, U2 along with many other artist just last year made it public that they were not happy with the way things were being done in the music industry......not that they really need the money

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QUOTE (chrismk @ Nov 1 2005, 09:42 PM)
And can you post a link to any artists that have recieved such royalties

I've got a link to the PPL annual report, which offers a financial summary of the information, if that helps.

 

PPL Annual Report

 

Amount to be distributed to members and performers

2004 = £69,831,000 (Compared to 2003 = £66,701,000)

 

PPL costs (running costs expressed as a percentage of royalties collected)

2004 = 15.1% (Compared to 2003 = 16.6%)

 

 

 

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I think one common example of the desire of the UK Copyright organisations to earn money is their attempts to block legal downloads from other countries.

 

One example is the russian ALLOFMP3 which is deemed illegal to use in the UK , because although it pays the artiste their royalties (or says it does), the UK copyright associations are not happy, we assume, because they don't get their cut. ALLOFMP3 have defied attempts under international law to shut it down, and has even been declared legal in their own jurisdiction.

 

Surely, as long as the Artiste was getting paid for their work, and that the website selling the material was a properly run business and local taxes and copyright fees in the country of registration are being paid, then why have the UK organisations deemed it illegal?. However it's days may be numbered, as a Europe Wide Download Law is planned

 

You can go to a website based in the U.S or Europe and legally pay to download Norton Antivirus for around 20 - 30% cheaper than in the UK, and that is okay and acceptable and classed as astute purchasing!.

 

Yet woe betide you if you were to do the same with music. Exactly the same thing happened with CDWOW and the lack of duty being paid on their sales which made them competitive, so they introduced more legislation and closed a loophole which of course kept them happy, but made it less of a deal to the everyday Joe.

 

With regard to ALLOFMP3, this article by an independant review company may prove interesting.

 

 

QUOTE
Allofmp3.com is an on-line music service based in Moscow, Russia. The service started in 2001.
When we first discovered this site we were convinced that Allofmp3 is some kind of illegal operation. But by investigating this service further we came to a surprising conclusion.  

Allofmp3 has signed agreements with Russian copyrights holders. They can legally offer music by all artists and from all labels.

In the past few months Allofmp3 has finally been discovered by the media. Smh.com,  The Register and G4Techtv and the Wall Street Journal have published articles covering Allofmp3. 

Allofmp3 is (or should we say was?) one of the best kept secrets of the internet. A music service with unique features. It sets an example for every other music service.

Awarded in Europe as the best Music Service

No wonder it has been awarded as the best Music Service by the leading German computer magazine C't. Even the official Consumers' Organization in The Netherlands has chosen Allofmp3 as the best place to download music. "The best service by far" was their surprising conclusion after testing seven services available in The Netherlands.

No copy protections

Unlike most other legal services the files are not protected at all. You can do whatever you want with the music files. Burn audio CDs, transfer music to your portable mp3player, there are no limits. Completely DRM free, the way music should be.

Free Trial

New users are entitled to download 10Mb for free. You can choose any song and have it encoded to the format and quality you like best.


Subscriptions

You pay per Mb. Starting from $ 5 for 250Mb of music. A unique method of selling content.

 

If you can't be bothered to read the article the following is an interesting conclusion.

 

QUOTE
Awarded in Europe as the best Music Service

Even the official Consumers' Organization in The Netherlands has chosen Allofmp3 as the best place to download music

 

So it seems like other countries are embracing, and even promoting the service, except of course for the UK http://www.dj-forum.co.uk/html//emoticons/rolleyes.gif . Perhaps it's time the industry accepted the wind of change, rather than just slapping more regulations on an already over regulated industry, after all the following quote did appear in Labours Manifesto at the last Election

 

QUOTE
"we will modernise copyright and other forms of protection of intellectual property rights so that they are appropriate for the digital age"

 

I guess that comes at a price http://www.dj-forum.co.uk/html//emoticons/rolleyes.gif

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  • 2 weeks later...

QUOTE (stevemitchell @ Nov 2 2005, 10:49 AM)
Probably because we are the UK and we get stuffed for everything.

And we all hate the EU boys..... for some bizarre reason proberly this whole issue should be controlled by them, that will nail the whole issue into proportion and get rid of some stupidly well over paid gravy train royalty collectors

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