Posts by silentmoon

    Kazuha is better than people give her credit for


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    SNSD remake of Lee Seung-chul's Girls Generation :holding-back-tears:


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    But I do enjoy a lot of these, specially be natural, dreams come true and hug

    Unfortunately, the termination fees will extortionate, because of how they're calculated. If they found a backer to pay for them (there's probably a few who could from over the sea *China*), Ador could sue them for tampering to exit their contracts by contacting a third-party. Essentially, a catch 22.

    Yes, the fees as per the contract are huge but ADOR probably doesn't want to spend 2 to 3 years in court either. I doubt they are letting them go too easily but if they negotiate maybe they can reduce the fees or agree to pay a % of their profit for some years post termination until they reach a certain amount. A backer is more likely to support them if they get to termiante now and resume work, cause they won't be bound by a contract, they will only have a big debt with ADOR. If they however push with the trial, the injuction is basically tying them down to ADOR until the end of the trial (unless they manage to get it revoked) and any third party that tries to get involved will be in for trouble.

    I think legally the issue the members are having is the same issue HYBE had with MHJ back in april that made them lose the injuction. As much as you don't trust the other party and are sure they are going to try to ruin you, until they actually do something concrete to harm you, you can not break the contract. The best thing for the members should have done was probably wait a few months to see how thing went down for them in the new ador administration. Yes, it sucks because they do not trusted them but if the new ador really did try to ruin them, then they could have collected the evidence and terminate, and if they didn't well, they could have continue as new jeans I guess.


    Sadly right now, ADOR/HYBE has the upper hand. IMO what the members should do now is negotiate for early termination with ADOR. It seems now that it will be inevitable that they are going to pay termination fees, so they might as well just do it now than after 2 to 3 years hiatus + trial. The other option would be to stay but with an independant team of their choosing, but I doubt they want that. If they don't want direct contact with ADOR, they can just send their lawyers.

    sorry when you said playing in your first paragraph that also extends to performance of said song? since you use the words playing and then later using and performing


    and the only entity that has the right to allow or deny said playing/performing rights is KOMCA not ADOR (in relationship to the copyright issue only)?

    There are 2 types of copyright owners when we are talking about a song: there's the author of the song (songwriters, composer, lyricsist, etc) and then there's the owner of the recording of this song (or as people call it, the masters). Authors usually work with publishing companies, while record labels are usually the owners of these masters.


    When you are doing a live performance, in theory, you don't engage with the recording of that song, so you would only need to pay the authors. However, if you are at an event where the recording is being played (like a club, a bar, or I'm assuming a political event), then you will have to pay the owner of the recording too (I think the US is different in this aspect from europe, or maybe just for radio, I'm not sure). This is what its called a public performance right.


    Now if these negotiations where to be done individually, can you image the amount of the licenses a single event will have to negotiate to be able to play/perform a single song? let alone a bunch of songs with different copyright owners? This is why performing rights organizations (PRO) exist, they are the ones in charge of giving these licencenses, collecting the money and then paying the copyright owners. Each country can have one or more PRO, this is what KOMCA is. Usually there's one association for authors and one for record owners (I think this is KMCA in korea). These associations are not just for licenses though, they can also advocate for the industry in general, as collectively they have more power.


    This event is not in korea, so KOMCA is not the one giving the license. According to wikipedia HK's PROs is called CASH. In theory, CASH will collect the money and then give it to KOMCA, who would then pay the copyright owners. This should not be confused with the artists, they will get their own money for the performance.


    Now imagine you want to make an ad or a film using a song from NJs. Again, you will need a license for both the authors AND the record owners. In this case the PROs won't get involved. You will have to contact the publishers and the record label individually and BOTH need to giver permision for you to use that song. This is where ADOR can say no and maybe HYBE publishing, since I believe they hold the rights for some NJs songs.


    Now you are asking what if trump did an event, got their license and hire a cover artist to perform your songs or played the recording. In theory, there is not copyright infrigment there I believe. However, you can come for them for other things, like using your likeness for the campaign or stuff like that I suppose. However, if trump use the melody of your song and put his own MAGA lyrics to it, THEN its copyright infrigment, because to modify a song you absolutely need permision from the author. If Trump sampled your song for his own MAGA rap song, then they would need both the author and the record owner permission.


    This is why I'm saying, ADOR probably will try and stop NJZ perfomance one way or another, but it won't be through copyright.


    Omg this came out so much longer than I intended to, sorry >.<

    this isn't specific for NJZ specifically but I understand how certain rights holders may be able to prevent someone or some group from using or singing their songs in public


    such as like IF I was anti-trump and trump tried to use my song at a rally or event I would be able to prevent that???


    does that same theory hold with for example let's say ADOR specifically saying we are not allowing NJZ to perform the copyright songs?

    You can't stop people from playing any song at any public event as long as the event has a PRO license (at least through copyright claims) but you CAN prevent them to use your sonsg for example in ads for a campaign, or use the melody but change the lyrics and stuff like that. Those are differente kind of licenses that need to be negotiated with the copyright owner.


    So in this case no, they can't stop them from performing any song. What NJs can't do is for example make videos with the songs, use pictures, images or logos from their work with ador, stuff like that.


    I'm guessing ADOR can have other legal options if they want to prevent the girls from performing at all (the injunction maybe?) but at least not thorugh copyright.

    Isn't this the same hanteo statement? This is not about lesserafim. This is about ktown4u vs hanteo. Ktown4u claims hanteo asked for personal information from their customers and they refuse to give it because it would violate data protection policies. Hanteo claims they need this data for sales verification, so they won't count ktown4u sales. This affects all sales from ktown4u, not any specific group.

    Happy anniversary to the queens!! :chicken-dance:  :cheersc:

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    As I understand it, Adorn has not admitted the songs are the same. What Adorn is saying is that if Shakatak thinks the songs are the same, then to prove it by sending a musical analysis of the parts they claim copyright over, my guess is so that they can refute their claims with their own arguments.


    You can't sample or interpolate a song legally without a license from the copyright owners, Shakatak would have checked with their publishing company before suing to be able to claim they used the song without permission.