The word karaoke can be literally translated from Japanese to mean “empty orchestra”. Since its introduction in Kobe Japan in 1984, karaoke has grown from a simple evening pastime into a multibillion dollar business. In addition to giving birth to recording firms who produce the most current vocal tracks, Karaoke has contributed to technological growth in the areas of playback machines, microphones, PA systems and a whole host of new electronic gadgets. With the growth of any industry comes growing pains and the Karaoke trade is no different. New opportunities for DJs have created the need for education in new areas. The following dialog answers some of the most common questions raised by this booming industry.
Q: Do I need to obtain permission to use karaoke CDs as a DJ for hire?
A: No, you don't. The nightclubs and restaurants you DJ in however do have to be licensed by BMI, ASCAP and SESAC. The creator of the CD purchase a mechanical license when he produces the CD, but if an entertainment establishment is enhancing its business by offering music, then the songwriters of those great songs are entitled to their compensation. It is always a good idea to check with the owner of the nightclub to make sure he has obtained the proper music licenses.
Q: What if I make my own Karaoke CD's by removing the vocal?
A: This one gets a little tricky. There are two types of musical licenses to be concerned with in karaoke. The performance license, that is, your right to charge a fee for your DJ services is covered by the establishment you service. The mechanical license however is a horse of a different color. Once you alter a regular CD and copy it onto a new CD, you have taken a liberty with someone else's recording for a financial benefit (your fee). In this instance you may have violated the mechanical license of the producer and record label. Again this is kind of a gray area. However, since the record label and producer will receive their compensation if you are performing in a licensed venue, your legal exposure here is really minimal. The real problem however comes when you remove vocals from a CD and then sell that CD it to other DJs to use in their work. This would be a clear violation of the mechanical license.
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