DJ Dilemma volume 7

The scenario – you DJ with an aging laptop as your primary music source, over the last few months you’ve transferred your music collection from other sources onto it – you’ve also bought a hundred tunes or so directly off of legal download sites and have the digital download certificates on the hard drive somewhere. You even remember to back-up the hard drive every couple of weeks (most of the time). You have all of your original shop-bought CD’s, and a decent twin CD-deck, and a good 4 channel mixer.

The company whos “DJ” software you use has sent you an email advising you of the next free upgrade to the version which you’re using. You scroll through the email advert for version 28.4 and glance at its new features – mainly bug-fixes, nothing great.

You download the free upgrade and reboot as the program prompts you to.

All goes well and the laptop seems stable enough during the next gig. At the end of the gig, you click on “CLOSE/EXIT” on the software and the hourglass pointer appears, with a “Please wait” prompt. After a minute or so it says “Cannot find Internet connection”. This doesn’t surprise you, as you went for DJU’s good advice and didn’t load any software, or install any hardware which might have interfered with you elderly laptop running the DJ software.

After a few retries, the software (which you can’t even CTRL-ALT –DEL or Task List out off) says “Unable to transmit Playlist to MCPS for audit, please load blank floppy disc/CD-R(w), or USB memory stick/pen to save Audit Playlist. You will only be able to run this software 30 more times until playlist is received by MCPS”. You shut-down and head for home (via the kebab van, of course)

Next morning you check the “I agree” text which you clicked on in a blink, to install the new version. Low and behold...one of the features “Licence Audit” remembers the tracks that you played on the night, compares them to the legal download licenses which are embedded in your legal downloads, and creates a list of unlicenced tracks for transmission to the MCPS, who then send you a receipt number, which is then entered into the laptop to reset the “only 30 more plays” counter. A swift bit of surfing around the software companies site shows that they, and all the other main “DJ” software writers have had to agree to this functionality to avoid prosecution themselves.

You transfer the play list, noting that out of the 60 songs you played last night, only 8 of them were the new ones that you downloaded (with embedded digital certificates), that’s 52 tracks (ripped from shop-bought CD’s which you’ve owned for varying lengths of time. A quick surf to the MCPS site tells you that its 10p per unlicensed track played under some new scheme called “Play’n’pay” – that’s £5.20 just for last nights gig. You realise that with December approaching, you’ve got 20 gigs, and a figure of £100 floats past your inner eye – this isn’t what you’d bargained on – you gaze over to your original CD’s and the CD-decks. That’s £100 less in your pocket which you were hoping to spend on that new laptop that you had your eye on for the last few months...but that idea was before “Play’n’pay” came up.

The legal downloads don't have any fee to pay on them, only the ripped tunes. The MCPS site mentions that it's calling an amnesty on ripped tunes - the Play'n'pay service (per play) is the MCPS's way of obtaining royalties in an on-going basis, rather than it taking everyone to court. Their site is however, vague as to whether the 10p per track is a on-off payment, or a "10p per play". You consider that you could download a track from a legal site, with embedded license for .79p for the cost of playing the ripped version 8 times.

Would you carry on laptop’ing? Would you only want "Two out of Three" for PLI, PAT and legal music?. Would you revert back to your CD's?.





By the way, the MCPS finally appear to have acknowledged our on specialised plight.... they have JUST added "DJ’s using laptops" to their FAQ list in plain & simple black'n'white, and NO this link below is NOT a mock up,as part of the above scenario here.

I've edited the link so that it works now...

Lucky for me i Dont take a laptop/PC to a gig to dj from.

one of two things will happen, DJs will use dodgy copies of software or go ligit and buy there CD collection over again.

And as most of the DJs i have spoken to feel that they have the right to copy there own CD's no matter what the law says then i think the dodgy software option will become very popluar.....

this is good news for the industry becuase rouge or cowboy DJs who play public venues will be subject to prosicution very soon.....

Hi

I'd uninstall the software and reinstall the older version that didn't have this feature and live with the odd bug or two.

Alternatively, I'd use OtsDJ that wouldn't have to implement such a system as it's an Australian based company and only have to adhere to Australian law

I'd imagine that it's only a UK based company that would have to comply with this type of system.

Could you honestly see a German or Canadian company, who have no such music copying restrictions wanting to fall into line with this way of doing things, I doubt it.

Alternatively, I'd use CD's, lol

Darren

Not wanting to get too off topic, but I am quite shocked at the statement on the MCPS FAQ:

Robbie read the BPI thread mate, all will become clear

Hi

When are the authorities gonna wake up!

Until they do actually come out from under their silk lined, plush, luxury slime filled rocks, I'm not going to lose any sleep over it.

Call it irresponsible if you like, but I'm willing to bet that you would have to be extraordinarily unlucky to get a visit if you're doing a private party in the local village hall.

I've been using home made compilations since I started DJing and even had venue owners aksing to borrow some of my background music stuff.

Of course you run the risk, but I doubt we're the kind of people the the law is targetting.

Darren

I agree with Hugmaster.

I've been to the link & beyond..............It states that copying (eg to a hard drive/back-up is illegal) 'unless you have the appropriate licence'

The problem is I can't find any reference to a licence that allows it

PaulS

Mikeee once spoke of an SG6 license which was about £500 per annum, and required you to list each track you transferred from one format to another,and pay a one off 10p (ish) payment per track.

That suggests that you could buy the license for one year, rip/convert 10000 tracks from your 800 CDs in that one year, pay 10p x 10,000 and never have to buy the SG6 ever again.

So...only £1500

im told the SG6 issue is worse than that.

you pay for the licence each year (if they want to let you have one as they only let peopel they trust have them)

then you pay for each track you play or copy . so as i understand it every time you do a gig you will need to keep the play list and then pay for each track played.

could get very messy at the end of the night if you have an inspection and you forgot you did cha cha slide twice ....

I don't think it would be wise to post what my real response would be to this DJ Dilemma, I don't want to get into issues of promoting irresponsible behaviour.

I do feel though Gary that this is exactly, I mean exactly what is going to happen to people. And have you ever noticed how gear manufacturers and record labels cosy up to venue owners?

I honestly feel that a lot of venues are going to sign up to deals with equipment manufacturers working in consort with some kind of content provider. The equipment installed in a venue will be all fully licensed yadda ya and will contain not just tracks that are selected by someone else, thereby killing your ability to drop a northern soul or rare groove track at an appropriate moment, but worse than that, the playlists will be heavily biased towards what the record company want to promote. Ever seen a CD of "greatest hits" that seems to be missing the one or two most obvious tracks? Welcome to the future of your virtual record box in a music licensed venue.

Take your dilemma a stage further. Some of the tracks available for 10p some "following shortly",....please cease playing in the meantime....indeed just to help you remember, we have locked out the track.

This is not farfetched. Senior figures in the music industry have frequently said they want to move to a rental model of payment, rather than outright purchase. In addition, as the link you provided points out, the venue's license is invalid if copied music is used. So you know what your good friend and mine, the bar manager will say to that. "You have to use our system so we can be sure...it's got all the Westlife tracks you can eat..."

It's a very real dilemma, and IMHO it is clicking into effect around about now. I am not encouraged by the special attention paid to DJs on that website. It means they are thinking specifically about us...for the good of our health? Let the jury decide.

Hi again

However the senareo regarding installed equipment wouldn't apply to the mobile jock in the vast majority of instances.

And I'd personally say that it would be the venues responsibility to make sure all playlists were handed over and the appropriate costs met, I bet Steve Wright or Chris Moyles doesn't have to pay the fee for each track.

Darren

Steve and chris may not pay but the station does..... all these major stations have there contenet recorded so it can be audited at any time....

how long before they ask you as a mobile jock to keep your sets on a dat tape so they can check up on you, just like the tax man

Hi

My comment was in reference to Transeurope's post regarding installed equipment.

Using the isntalled equipment senareo for a second, that could be likened to a radio station, it's the radio station's responsiblility to have all legal stuff covered, it therefore follows that the club should have the same doesn't it?

As I've stated in many posts previously, this one will rumble on and on probably until we're all 6 feet under.

It's interesting to note from the BBC News website the the BPI have had a record year for album sales, odd that isn't it, seeing as they're always telling us that illegal downloading is destroying the record industry.

I find it very hard to feel at all sorry for them, particularly if they can afford to give the likes of Robbie Willaims a record contract worth 80 Million? that's just bloody stupid money.

Darren

Here's a take on the subject with the 'dilemma' scenario:

The MCPS/PRS launch a new DJ 'operators licence' for legal use of mp3 material, CDs, CDRs, mini disc and CD+Gs in a public venue - the licence 'blanket covers' the 'operator' to play their multi format material in a public venue.
Cost of individual Licence: £2,080 per year.

Why did they launch the operators licence?
To address 'lost revenue' that can be ploughed back into the industry.
Public venues with PRS cover will be required to pay a fine for allowing third-party entertainers/DJs to invalidate their license under the 'copyright rules'.
Without a license, DJs can / will be 'reported' by the venues for not having the correct paperwork.

Thus, venues will end up doing the necessary checks on behalf of the MCPS/PRS as they can only check up to around 7,500 venues a year.

"This greatly received 'license income' for the MCPS/PRS will address an area of over 40 years of 'lost revenue' from the likes of Mobile Disc Jockeys."

So we now have a situation where a regular working 'legal mp3 user' DJ can obtain a license for approx £40 per week.
Not bad, eh?

What if the above example was £7 per week? Would you pay around £365 per year for such a license?

Would it enhance your status as a DJ over that of a 'cow boy'???
Would you 'up your rate' to reflect the licence fee?
If you are a part-time DJ, would you 'give up' public functions and only go private, and consequently take a risk in a public hired venue?

Why is all this happening?




It's not. But it could, if you want it to.

A lot of questions have been asked by individual DJs, agencies and associations to the MCPS/PRS about such things as MP3s.
Naturally, they are taking note of every enquiry....and are using the 'questions' posed to formulate 'interesting answers'.

We only have our self to blame if the full wraith of the MCPS / PRS comes down on the humble mobile DJ.



In the meantime, like Promo CDs, perhaps it would be best to splash:
NOT FOR RESALE:PROMOTIONAL USE ONLY across the laptop, CD cases, CDRs, Mini Discs, backed-up CD+Gs, forehead and a$$.