About your website host
The articles contained in this website were written by Robert J. Kossack, Esq., noted Las Vegas civil rights attorney. Kossack has been licensed to practice law in Nevada since 1986 and has practiced in both state and federal courts. He is an avid karaoke singer who took an interest in this litigation because of the effect it may have on the number of venues offering karaoke in Clark County.
Initially, Kossack set about to write a article about the Sound Choice lawsuit for Las Vegas Lounge Entertainment Magazine, but the article became too long and took on a life all its own. The magazine, designed simply to give singers information of where they could go to enjoy karaoke, would have needed to add six pages to its format just to print the initial article which appears in its entirety in this website as “Massive lawsuit threatens to charge karaoke in Las Vegas.”
Please post your comments and questions about this site by clicking on “Contact Me” under the picture of Las Vegas at the top of the site or leave a reply by clicking “Reply” beneath each article. Anyone who wishes to contact Robert Kossack professionally should email him at the contact page and please list your subject as “Sound Choice lawsuit.”
A lot of defendants have still yet to answer. Maybe some of them have not yet been served. Maybe some of them are going to simply settle. The big boys already have their expensive attorneys on retainer. The small boys generally cannot afford an attorney and have to weigh the cost of defending against the cost of settling. Kossack has drafted form joinders in the co-defendants’ motions to dismiss and motions to sever that the small venues and the independent KJs alike can simply copy and then go down to the federal courthouse and file. (Defendants who are LLCs or corporations need be represented by an attorney under Nevada law.) Go to pro bono form filing site.
Robert,
I greatly appreciate the obvious time and effort you have put into this subject already, and I eagerly await your overview on future developments.
1) Piracy is illegal, and although I love my cheap karaoke dearly piracy is still illegal 2) The karaoke companies in question are both poor business-people and sore losers, as evidenced by their inability to keep up with technology and pricing/marketing strategy, their scattergun ‘we gonna get you’ legal tactics, and the possibly big mistake in taking on Harrahs before they got all they could out of the little guys.
The best outcome for myself or any karaoke lover is that the music companies themselves begin producing karaoke music in tandem with their standard song productions, so that the karaoke songs can be bought, sold, licensed, and produced under the same legislation and caselaw that pertains to ‘regular’ music.
Of course, this would drive dear Mr. Slep completely out of business in short order, but just imagine how much better the karaoke choice and price would be for the consumer!
Thank you again!
Dave Long
“…as Massive lawsuit threatens to charge karaoke in Las Vegas.”
What fails to get mentioned is that the face of karaoke changed in Las Vegas as the illegal hosts started doing gigs in the area. That change was slow over an extended period of time. People ignored the issue and let it become the norm.
The lawsuit attempts to resolve a problem in the industry and since it is effectively a case of ripping the “Band-Aid” off in one fell swoop, everyone suddenly takes notice.
-Chris
Keep up the good work! I continue to check with Music publishers to spotcheck whether or not Sound Choice has properly licensed their music, lyric reprint and synchronization properly…. It’s interesting that I’ve received responses from publishers who claim they have not licensed anything to Sound Choice… So it appears that Sound Choice is suing KJ’s for using tracks that contain their trademark on a computer… and some of them were never licensed to be produced in the first place…. go figure…
Trademark trolling. Even their lead counsel — when pressed — refused to give an “ironclad guarantee” that I won’t be sued for using the ORIGINAL DISC IN A KARAOKE MACHINE at a gig… citing “the human element can make mistakes.” Because of this, they have invalidated my use of their product at all and by any means and have refused to refund my purchase price.
I find it interesting that Chris Avis can comment about what’s happening in Las Vegas, NEVADA when he lives near REDMOND, WASHINGTON…. ??? Steve Miller and Chris Avis are direct pipelines to Sound Choice and both are “certified cheerleaders” that simply post opinion with no basis in fact.
The joinder has failed in other actions and although Sound Choice has claimed in the past that the investigative reports are “privileged” even that has been shot down as well.
I have lots of stuff on these guys…. more than even they could know…
Can you give me some examples of artists and songs which Sound Choice did not have permission from the music publishers?
Perhaps the first request for production from Slep-Tone should be: Produce all documentation evidencing that Slep-Tone had permission from the music publisher to record all tracks which you allege this Defendant has prirated.
He can’t publicly because it will open him up for libel, he will have to do it by private e-mail and hope you openly and publicly repeat it so you are the one sued for libel and not himself.
Even if there were tracks that licensing was not paid for (other than the fact that there are thousands perhaps even millions of those tracks {unlicensed} out in the market place brought to you by your local pirates who stole the product made massive numbers of copies for use in multiple systems or for sales or as give-a-ways) do you really think that Sound Choice or any other manu would make a claim on such an unlicensed song? Your idea has already been floated by the pirateers that came before you and the idea flopped, it isn’t about the songs it is about the UNAUTHORIZED use of the trademark.
Of course SC won’t go after the “song” and only goes after the trademark…. they have nothing else to sue for.
And no matter what Harrington (lead attorney for SC) says, I still believe that a jury would find it difficult to rule in favor of granting trademark protection on a product that was UNAUTHORIZED and produced and sold without licensing in the first place.
However, if you notice, Sound Choice will not ever let one of these actions get as far as a jury…. not a single suit has ever made it that far because SC will make a deal to settle out first.
I have enjoyed ready this blog this morning! This post is the answer to everything.
Soundchoice took a calculated risk in its infancy that there was no copyright precedent for music being reproduced with the addition of word graphics – the CD-G format. As a result, the company amassed its large library on a house of cards. A quick google of the lawsuit filed against Soundchoice will reveal this irony. The library has either been purged by order or licenses have been paid . . . to those seeking payment.
Also worth researching is the millions of dollars Slep lost in a real estate scam http://www.1011now.com/home/headlines/896326.html (of note- this made the papers here through the AP, but after searching for a half hour, this is all I could find) . . . or the million dollar yachts they bought in secret . . .
All in all I would say that the individuals involved have had opportunity and experience working in the margins . . .
Thank you for an entertaining morning.
It must have hurt some a lot having to give up those extra systems, they are still so angry!
I really don’t want to do line by line debates with Chip in yet another forum – But FUD is FUD and must be kept in check.
I have issues with HOW Sound Choice executes their anti-piracy measures and I have stated them piblicly. I am only a “pipeline to Sound Choice” in that I have also brought the concerns directly to Kurt Slep. I have also brought issues to the table for Sound Choice lead counsel.
I do agree with WHY they are agressively pursuing the actions they do. Thieves, pirates, illegal hosts and others steal karaoke music from EVERY karaoke music manufacturer. They profit from using it without due compensation to the manufacturers, and illegally re-distribute the material, sometimes for further financial gain. ALL of the manufacturers have a right to pursue legal action to stop it from taking place and to gain compensation.
I do maintain a dialog with Kurt Slep of Sound Choice and I have a line of communication to Stellar Records and Chartbusters as well. Why? I buy their products and they are partners to my karaoke business. Having a good relationship with them and open and honest communications is just good business. There is nothing nefarious or underhanded about it as Mr. Staley seems to suggest.
As for the “certified cheerleader” status, that is a title bestowed upon several people by Mr. Staley and Mr. Staley alone. It is a term of his creation and exists only as a means of categorizing people that don’t agree with his anti-Sound Choice sentiment.
On “…post opinion with no basis in fact.”. The fact is, I travel to Vegas 6-8 times a year for business and personal reasons and have done so since 1997. I am familiar with many of the karaoke venues and try to go to karaoke whenever I am in town. I know more than enough to comment. I am going to guess I know far more than Mr. Staley, and much more than he assumed I could since he posted his opinion without any basis in fact. Something he accuses people of regularly when in fact he is guilty of it more often than anyone else.
It is interesting how Mr. Staley doesn’t even dispute my comment other than to suggest I couldn’t possibly know anything about Las Vegas karaoke since I don’t live there. His posting is just an an attempt (and a feeble one at that) to discredit and cast doubt on individuals who have just as much right to comment on matters as he does. It is also interesting that he immediately tied me to Sound Choice when I made no mention of Sound Choice in my comment. My comment was to the state of the industry and alludes to all maunfacturers. In the context of (context being something Mr. Staley enjoys twisting and malforming to his own standards) the lawsuit in question, Sound Choice is not the only karaoke manufacturer pursuing legal action. Stellar Records has pursued illegal hosts and hard drive sellers as has Chartbusters Karaoke.
I encourage all of you to peruse the forums at Sound Choice, various archived forums from now defuct message boards and the karaokescene.com forums. make up your own mind about Mr. Staley’s opinons and intentions as well as mine. I feel confident that you will see the light and add salt to everything Mr. Staley types.
-Chris
You said:
“In the context of (context being something Mr. Staley enjoys twisting and malforming to his own standards) the lawsuit in question, Sound Choice is not the only karaoke manufacturer pursuing legal action. Stellar Records has pursued illegal hosts and hard drive sellers as has Chartbusters Karaoke. ”
Would that be the same Chartbusters Karaoke that was sued out of existence for PIRACY?….
There is no twist here: Chartbuster was sued out of existence for breach of contract and fraud (selling unlicensed tracks to CAVS which caused them in turn to be sued by music publishers)
It’s interesting that every time I expose your beloved manufacturer’s for playing dirty, you like to blame me for it and call it “a spin.”
Mr Avis, just like Athena and Steve Miller has been “certifiably tricked” by a manufacturer that has been sued out of business for the very piracy they were supposed to be guarding “on behalf of the industry.” (yeah, right)
Turns out that what he and the others like to label as a “spin” turns out to be the spot-on truth. No one likes to be slam-dunked and I’m sure it’s quite hurtful to find out you’ve been hoodwinked for so long.
Don’t blame me for your manufacturer’s problems, I’m still in business, they’re not.
If you actually knew anything about any of the subject matters that you spout about it just might drive me nuts, but the fact is you know nothing and it just makes you look buffoonish and laughable.
Then you should get on the phone to Chartbusters and ask them yourself….. oh wait! You can’t do that can you?
They’re out of business….
For piracy…..
Bummer…
I have 2 questions:
1. If a karaoke manufacturer wanted to create a karaoke version of a popular new song…and they wanted to be able to sue for copyright infringement if someone makes an unauthorized copy of their karaoke version of that song….What licenses and approvals MUST they obtain BEFORE registering that song for a copyright??
2. If a karaoke manufacturer has released a CDG of 9 karaoke songs (for example “Pop Hits Monthly Urban Jan 2012″) and they have one copyright registered for that CDG….are they fully able to sue for copyright infringement if someone makes an unauthorized copy of their karaoke version of that song. Does the copyright registration alone suffice?
Thank you!
1. The karaoke manufactures must receive a license to record a karaoke version of the song from the origianl artist or the holder of the original artist’s copyright. The karaoke manufactures do not register a copyright of the song.
2. The karaoke manufacture does not copyright the songs on the disc. This is why the karaoke manufactures are not suing for copyright infringement. They are suing for trademark infringement for their trademark being displayed whenever a copy of their karaoke disk is played.
Thank you Mr. Kossack!
I’ve been reviewing the Warner/Chappell Music, Inc. et al. v. Stellar Records, Inc. et al., 2012 CV 00512 (M. D. Tenn) case and have found that several of the songs that the music publisher is disputing are already under a fully registered and received copyright by Stellar Records.
For example:
In the case, one of the songs Warner is disputing is a song entitled “Someone Like You” by the original artist Adele. This song is on Stellar Records “May 2011 Pop Hits Monthly -Pop” CDG (this CDG also contains 8 other songs by different artists/publishers)
Stellar Records appears to have a valid copyright (SR 690-806) for this specific CDG.
If the music publisher (Warner in this case) did not provide permission/license to Stellar is the copyright invalid?
Assuming Warner’s allegations are true, why would Stellar copyright a song (or group of songs) for which they did not have permission/license?
Seems foolish..
The Copyright Office (www.copyright.gov) has a lot of good information in its Circulars (there on the website) that are written in mostly plain English, which might prove more helpful. I think they have one on music copyright, but that will be incomplete as to karaoke.
The consensus position of the courts is that karaoke accompaniment tracks, at least the ones that cause lyrics to be displayed synchronously with the music, are what are referred to in the Copyright Act as “audiovisual works.” The rules in the Copyright Act for audiovisual works are different from the rules for plain sound recordings.
For anyone who is interested in this information because they are involved (or about to be involved) in a lawsuit, I would recommend speaking with an attorney who is experienced in these matters. There are different levels of specialization. As a rule, you’re better off with an “intellectual property” attorney than with a generalist who may handle many types of cases; you’re better off with a copyright attorney than an IP generalist; and you’re better off still with a specialist in copyright or trademark litigation; and even better with a specialist in copyright or trademark litigation involving music. That is not to say that a less specialized attorney won’t do a good job.
Thank you Mr. Kossack!
I’ve been reviewing the Warner/Chappell Music, Inc. et al. v. Stellar Records, Inc. et al., 2012 CV 00512 (M. D. Tenn) case and have found that several of the songs that the music publisher is disputing are already under a fully registered and received copyright by Stellar Records.
For example:
In the case, one of the songs Warner is disputing is a song entitled “Someone Like You” by the original artist Adele. This song is on Stellar Records “May 2011 Pop Hits Monthly -Pop” CDG (this CDG also contains 8 other songs by different artists/publishers)
Stellar Records appears to have a valid copyright (SR 690-806) for this specific CDG.
If the music publisher (Warner in this case) did not provide permission/license to Stellar is the copyright invalid?
Assuming Warner’s allegations are true, why would Stellar copyright a song (or group of songs) for which they did not have permission/license?
Seems foolish..
Your host, Robert J Kossack Esq, appears to now be representing defendant Tara King in this Las Vegas lawsuit according to Document 101.
http://www.rfcexpress.com/lawsuits/trademark-lawsuits/nevada-district-court/90017/slep-tone-entertainment-corporation-v-ellis-island-casino-brewery-et-al/docket-text/
In a previous post I announced I was now on the side of the DJs and venues. What turned me from neutral to supporting the defendants is Slep-Tone’s failure to meaningfully engage in the discovery process which made it obvious to me that Slep-Tone was clogging up the courts not to litigate its claims but to troll for settlements.
Over the years Tara King bought thousands of dollars of Sound Choice karaoke discs. She had a nice gig going with Stations casinos. As a single mother she was getting by. Then she lost her jobs because Slep-Tone claimed they saw her play a Sound Choice karaoke song track from a computer knowing nothing of what she had spent in the past to earn Sound Choice its profits. Stations fired her to play it safe and avoid any potential liability. In that regard, Tara King because just another pawn in Slep-Tone’s game of trolling for settlements by suing some of its best and most loyal custoners without notice or any meaningful investigation. Slep-Tone has throw a lot of mud at the wall, seeing what sticks, and trying to scrape off a few extra dollars of dirty money to make up for what Slep-Tone has needed to dish out to settle the lawsuits brought against it for violating the original artists’ copyrights, for doing worse than what it is accusing its customers of inadvertantly doing to keep up with the times.
This is not the first time I have come to the rescue of a damsel in distress, and it won’t be the last.
Your host
Kossack wrote: “Over the years Tara King bought thousands of dollars of Sound Choice karaoke discs. She had a nice gig going with Stations casinos. As a single mother she was getting by. Then she lost her jobs because Slep-Tone claimed they saw her play a Sound Choice karaoke song track from a computer knowing nothing of what she had spent in the past to earn Sound Choice its profits.”
Have you advised her to have a disc audit conducted, that if passed, would drop her from the case?
Kossack wrote: “Stations fired her to play it safe and avoid any potential liability. In that regard, Tara King because just another pawn in Slep-Tone’s game of trolling for settlements by suing some of its best and most loyal custoners without notice or any meaningful investigation.”
Have you filed a counter-suit on behalf of Ms. King for damages regarding this firing? I haven’t seen one yet. If she has a 1:1 SC disc ratio, I would think this would be a simple matter for you and your client. Please keep us informed.
So I guess you can’t represent Tara King pro bono anymore because the Nevada State Bar has suspended you from practicing law for at least 18 months.
How is Tara going to pay for a lawyer if she’s not getting your services for free?
Thanks for covering this topic so well online. This is a very interesting case and I can see the outcome may even have an impact worldwide.