[Jukebox-list] Burned CDs, copyright, etc.

[Ron Rich]

Jay, Rich and All,
I am not now, will not, nor have I ever "offered legal advise".  It is my understanding from reading my JLO contract some time ago, that a "Jukebox" is defined as a devise that reproduces audio via an electro/mechanical system (thus the "Downloaders are NOT jukeboxes), and also must charge a fee per play. Therefore, it is not OK to operate a "Jukebox" on "free play". It is my understanding that if you do so, it is no longer covered under the JLO agreement and becomes a devise that must be covered separately.
I also think that it is the responsibility of the "owner" of the machine, at all times, to be sure it's not in violation of laws---BTW, JLO (used to?) have a toll free number either 800-955, or 995-juke, if anyone wishes to call and axked----- Ron Rich


--- On Tue, 8/18/09, Jay Hennigan <jay at west.net> wrote:

From: Jay Hennigan <jay at west.net>
Subject: Re: [Jukebox-list] Burned CDs, copyright, etc.
To: "Jukebox mailing list" <jukebox-list at lists.netlojix.com>
Date: Tuesday, August 18, 2009, 12:40 PM

Ssg Rich Myers wrote:
> With all the chatter regarding all the royalty companies....got me a little
> scared. I have been asked by my church, if I could bring a juke or two to
> support an auction fund raiser that is held each year for the Christian
> school that our church operates. Neither if these jukes are part of the
> auction and the coin gathered will be donated to the school.
> 
> What do the experts think?

I'm not a lawyer so this is just a personal opinion.

If they want to get nasty, the church auction is probably considered a public performance.  ANY recorded music or even having the church choir sing popular songs rather than public domain hymns could have them reaching into your pockets.

They can even get you for singing, "Happy Birthday To You" in a public place.  http://www.snopes.com/music/songs/birthday.asp

So, to continue with the birthday analogy, a coin-operated jukebox at a public event is just icing on the cake if they show up.

Considering the length of the auction and the amount of revenue you're likely to get from the coin box, I'd set them on free play and ask people to donate a buck or two to the church if they appreciate the jukeboxes.

"Jukeboxes don't require coins.  Please donate a dollar or two if you like having them here."

Note the wording, "if you like having them here" instead of "if you like the music" is deliberate.

And having them on free play means that if ASCAP does show up, it's each button-pusher that's guilty, not you.

I think the likelihood of any problems is on the order of having the jukebox hit by a meteor, but now that you've broadcast your intentions on the Internet...

--
Jay Hennigan - CCIE #7880 - Network Engineering - jay at impulse.net
Impulse Internet Service  -  http://www.impulse.net/
Your local telephone and internet company - 805 884-6323 - WB6RDV
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