AVLA was rewritten per CDJA asking for many changes in regards to DJs. If you havent looked at the law associated to us you might want to look now. Alot has been revised.
Same Library For Multiple Systems
- Thread starter Mobile Music 1
- Start date
Steve LeBlanc
DJ Extraordinaire
It appears there are really no laws........you can't rip your subscription discs but you can use Itunes , provided you buy a license ...
- Standard "All-in-one" (annual) DJ Licence
- Permits you to compress sound recordings into an MP3 format and store them on one (1) computer hard drive source and unlimited physical carriers for $331.55 + GST/HST per calendar year. You may reproduce as many sound recordings as you can fit on your hard drive or CD-R's - no limit. A back up copy is also permitted, provided that the sound recordings are not performed in public.
- Storing and performing sound recordings on more than one (1) computer hard drive requires an additional licence for each additional hard drive.
- Click here for the Annual DJ Application form
- Single Event DJ Licence
- Permits you to compress sound recordings into an MP3 format and store them on one (1) computer hard drive source and unlimited physical carriers for $50 + GST/HST per event.
most all of the sub companys including Multi music in Canada are now on board and provide mp3 discs which is approved by the AVLA
Steve LeBlanc
DJ Extraordinaire
No, you're making a serious error by comparing only the resulting inventory. You have 100 working Saturday slots available to you for booking. If you spend $2,500 /yr on music and related music materials that translates into a lowest possible cost of just $25 /gig. Even if the other guy's music expense was zero (which it can't be because he has to buy HDs or CDRs and expend labor to duplicate) your argument about price competition is mute.
Now, if you only spend $900 on music then the difference is just $9. If you're full time and you book more like 300 gigs annually then the value difference is only $3 per gig.
Imagine you subscribe to 2 Promo only categories and only gig once a month - the music cost is still only $27. Not enough to support your notion that you have a higher cost than the other guy does.
Simple logic demands that a multi-op of any substantial quality will be more expensive than a single-op simply because of the added labor costs. The DJ has to get paid, and so does the owner. The more DJs there are the higher every other cost rises as well even when they can't fill all their opportunities - equipment, maintenance, management, errors and omissions, refunds, insurance, facilities, transportation, advertising, etc. They all rise rapidly when you are a (reliable) multi-op.
Unless as a single-op you are seriously over-priced and lamenting that you're not the only game in town - your best argument to sell against any multi-op that is priced lower is that they can't possibly be sending out an experienced DJ at that rate. If they are sending out DJs of your caliber then how are BOTH the DJ and the owner getting paid while also meeting all their other obligations from such a small invoice? The music doesn't even come close to accounting for that and even if it did most people realize the risk belongs to the DJ not them. The cost of labor is the salient point that will make a sensible difference in the mind of your sales prospects - not some personal gripe about unauthorized duping of libraries.
When was the last time you used your music commercially?
Commercial uses are:
Broadcasting
Streaming
Advertising & Marketing (Synchronization)
Film & Video production (Sync)
Retail
Duplication, Distribution & Derivative products, etc. (See: The Pros, or Complete Music vs RIAA)
A public performance of the track is NOT a commercial use of the character implied by the EULA. You can obtain a song from iTunes and play it under any existing agreement you have with ASCAP and BMI. The EULA has no authority to restrict this as it would directly diminish the residual income of the respective copyright holders.
DJing is simply a performance of the work either public or private - not the kind of restricted commercial use referred to in EULAs. You are being paid for your labor - typically at a private event immune from royalty and copyright concerns. The fact that a bride pays you $1,000 to play songs for her family and friends is (in the USA) legally indistinguishable from her playing them herself from her own or whatever source is available to her.
From the iTunes EULA:
"You shall be authorized to use iTunes Products only for personal, noncommercial use"
DJing certainly falls in the commercial use category. (note: iTunes Products is defined as the "digital content" elsewhere, not the iTunes software itself).
PROVE IT!
DJing with your personal collection is a personal use, and you are wrong - DJing a private event like a wedding is expressly NOT a commercial use. You're assumptions about the EULA and commercial use are not based in law because if they were you (and everyone) would know the specific statute that applies. There isn't one, instead there is an express exemption that prohibits the kind of restriction you are attempting to imply.
I'm sorry people - I know how desperately some of you want DJs (USA) to be a "unique class" with special considerations - but, we're not. When you press play for hire you are not engaging in a commercial use of the work. The work has not been transferred, altered, distributed, synchronized, recompiled, reproduced, or otherwise encumbered in any way. You are only performing it - just as anyone can do privately without liability, or publicly for a small royalty. (USA) No different really, than if you just start singing it!
A public performance royalty (something few if any mobile DJs will ever encounter) requires only a payment to a single collective rights agency. A commercial use requires the express written consent of all individual holders of copyrights within the work. This could involve dozens of permissions if the lyrics, arrangement, publishing, and sync rights, etc. are not all help by the same party.
Playing songs even as a DJ for hire is not a commercial use. Recording and duplicating on the otherhand is - and that is why Canada has an AVLA (sp?) license for DJs. Such a license is not possible in the USA because it violates USC Title 15. The Copyright law is USC Title 17 - so, you have to realize that USA copyright law involves far more than just Title 17 and the Copyright Act as amended. The statutes are all intertwined.
4 words.... I use to give a crap..... oops that's six.... ahhh who cares....
I will keep my nose as clean as I can.... y'all can wipe everyone eleses arse for me.... I'm done worring about those that pirate their music and just concentrate on making my own bed since it's the one I've gotta sleep in tonight anyways.
I will keep my nose as clean as I can.... y'all can wipe everyone eleses arse for me.... I'm done worring about those that pirate their music and just concentrate on making my own bed since it's the one I've gotta sleep in tonight anyways.
Pro - DJing for pay is a COMMERCIAL use, no way around it. I don't know where you get the idea it isn't. Commercial use is any use where any income is generated due to the item. I'm not saying I don't do it, but their EULA is there to see. Only talking about the iTunes EULA here. Songs from other sources differ.PROVE IT!
DJing with your personal collection is a personal use, and you are wrong - DJing a private event like a wedding is expressly NOT a commercial use. You're assumptions about the EULA and commercial use are not based in law because if they were you (and everyone) would know the specific statute that applies. There isn't one, instead there is an express exemption that prohibits the kind of restriction you are attempting to imply.
I'm sorry people - I know how desperately some of you want DJs (USA) to be a "unique class" with special considerations - but, we're not. When you press play for hire you are not engaging in a commercial use of the work. The work has not been transferred, altered, distributed, synchronized, recompiled, reproduced, or otherwise encumbered in any way. You are only performing it - just as anyone can do privately without liability, or publicly for a small royalty. (USA) No different really, than if you just start singing it!
A public performance royalty (something few if any mobile DJs will ever encounter) requires only a payment to a single collective rights agency. A commercial use requires the express written consent of all individual holders of copyrights within the work. This could involve dozens of permissions if the lyrics, arrangement, publishing, and sync rights, etc. are not all help by the same party.
Playing songs even as a DJ for hire is not a commercial use. Recording and duplicating on the otherhand is - and that is why Canada has an AVLA (sp?) license for DJs. Such a license is not possible in the USA because it violates USC Title 15. The Copyright law is USC Title 17 - so, you have to realize that USA copyright law involves far more than just Title 17 and the Copyright Act as amended. The statutes are all intertwined.
I don't know the rules about ripping cds. I know the license fees that venues pay allows material to be commercially use .. the iTunes EULA is specific .. not sure about Amazon.
I don't know for sure if you are allowed to format switch but I do know on the back of CDs there is a disclaimer about public performance