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Sujet: Any Canadian DJs using PODDS music downloads service? - Page: 1

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Hi Folks,

I am looking for some feedback from any Canadian DJs who are using the PODDS downloadable music subscription service.

http://www.podds.ca/welcome/welcome.htm

In Canada you are not allowed to digitize commercial subscription music services, such as Promo Only Chart Radio Cds, to a hard drive to use with VDJ. It is against the rules set down by the AVLA. Itunes is also not a legal source of music for DJs to use in Canada either.

Promo Only has another divison called PODDS which allows you to purchase music online as a digital download which can be put onto a hard drive. It is AVLA authorized. You have to use their own software to manage and download your purchases and it allows you up to 3 burnings onto CDs as well.

You can purchase a hard drive license from AVLA for $338.00 per hard drive per year, less if you are a member of the CDJA. This license still does not let you use your CDs from a music subscription service, iTunes or any music from the restricted artist list, such as the Beatles etc.

What do other Canadian Djs use for their hard drive music collections to keep legal with the AVLA?

Thanks,

-DGee
 
Posté Wed 23 Feb 11 @ 10:00 pm
I'm using zipDJ.com. It's the only AVLA licensed service with no restrictions. I've been with them for years and have been happy with the selection of music. Unlimited downloads as well.

PM me with any questions you might have.

Cheers

AC
 
Thanks Superaceman,

I am checking that out.

-DGee
 
 
Any word on when Xtendamix is comin to the states?? Thought they would be here by now.

Huey
 
DGee wrote :
Hi Folks,

I am looking for some feedback from any Canadian DJs who are using the PODDS downloadable music subscription service.

http://www.podds.ca/welcome/welcome.htm

In Canada you are not allowed to digitize commercial subscription music services, such as Promo Only Chart Radio Cds, to a hard drive to use with VDJ. It is against the rules set down by the AVLA. Itunes is also not a legal source of music for DJs to use in Canada either.

Promo Only has another divison called PODDS which allows you to purchase music online as a digital download which can be put onto a hard drive. It is AVLA authorized. You have to use their own software to manage and download your purchases and it allows you up to 3 burnings onto CDs as well.

You can purchase a hard drive license from AVLA for $338.00 per hard drive per year, less if you are a member of the CDJA. This license still does not let you use your CDs from a music subscription service, iTunes or any music from the restricted artist list, such as the Beatles etc.

What do other Canadian Djs use for their hard drive music collections to keep legal with the AVLA?

Thanks,

-DGee


This is where I get my music and video subscription too, ZipDJ and Xtendamix respectively.

If you want to pay a little less for AVLA license...and get a bit more benefits and information...join us in AAME (Alberta Association of Mobile Entertainers)

http://www.aame.ab.ca/
 
Here's a real fun swerve for you guys and anyone else in Canada really:

If you acquire ALL your music from these sites: PODDS, ZIPDJ, EXTENDAMIX you DONOT require a AVLA licence
Same goes for cd's and DVD's from promo only, erg, etc.

AVLA is only required for duplication of store bought cd's

Example: you have an enormous cd collection and you take the 2 or 3 songs that are actually popular from them and burn a custom made disk.
That's what the AVLA licence allows you to to.
OR
Copy the CD to a hard drive.

All of these download sites have "Serial Numbers" embedded in the tracks/videos for tracking purposes, so if these are your only sources - you're perfectly legal.

AVLA - DOES NOT cover Karaoke (I don't know why) I think because it's not an the original artist.

It's very confusing and a bunch of crap mainly because there is little to no policing of AVLA compliance, Unless you happen to live in the Greater Toronto Area.

Personally I've only ever seen an inspector ONCE in my entire career of over 15 years DJ'ing.

Having rules and regulations is useless unless they're enforced.
 
They also show up at the bridal shows lol
 
@Marcel - According to Kevin and Nik (owners of zipDJ), a seperate AVLA license is still required even though they're music is AVLA licensed. I have had many discussions with them in this regard and with the new "HD all-in-one" license it's the AVLA's opportunity to double dip. I still don't understand why.
 
Mainly because the AVLA is incredibly useless. Always has been. This organization that really doesn't do anything outside of Ontario, yet claims a mandate over all of Canada. Once every 5-6 years I hear of a investigator going to Winnipeg but that's only a 2 hour flight from Toronto. I know people who are knocking themselves purple worried about the AVLA and any possible check-ups.


Btw, do you know how their investigative process works?
1) Someone reports a DJ
2) They contact a group of Lawyers for the Record Companies
3) The Record Companies decide to investigate or sue.

In the unlikely event of any AVLA investigator actually showing up at a gig further West than Winnipeg
1) Must Provide a business Card and I.D.
2) Can not interfere with you, your equipment or the Function.
3) Can only ask you if you are a AVLA member or have a licence

If the Avla wants to be taken seriously then they have to properly operate Cross-Canada, actually perform investigations, and enforce their results. Otherwise no-one will take them seriously

I don't; But I still have a licence.

We all know that piracy is wrong, and illegal, etc. But if we are going there it should be simple.

Legally purchased/leased music VS illegally downloaded music.

And Enforce it.
 
This is great discussion and some useful info.

Almost 12 years ago or so, I had a visit from an AVLA inspector at a fire hall in Dartmouth Nova Scotia prior to a Christmas dance. He was checking to see if i was using mixtapes. I had several hundred Cds with me and yes a few tapes of various compilations I had made. He was not bothered by this as he was looking for Djs who were using only mixtapes. It seems that at the time there were a group of DJs who were copying each others collections onto cassettes and then going out and doing gigs. I must admit that the vist was quite un-nerving.

What I don't understand is why I can't transfer my Promo only collection to hard disc. I mean in this digital age why is that a problem? What possible difference is there between using a CD to play and using a digital file of the CD to play. Yes I understand that you cannot copy the CD, but if that was meant to inhibit the illegal selling of CD copies, I agree. But if technology has changed and CDs are no longer used, why can't one use the player of choice with no ramifications. I fully support the notion of legal music sources but it is a shame that the law has not kept up with the technology.

If what was said is true about the download sites being AVLA approved but then you still need an AVLA license for the hard drive, who actually polices the AVLA. I suppose the hard drive license is to cover you for all the other CDs there that did not come from an AVLA approved source.

Do DJ company DJs actually carry a seperate CD collection of the restricted artists or do you just say "Sorry, I don't have that one."

I am learning so much here. Thanks for the info.

-DGee
 
DGee wrote :
What I don't understand is why I can't transfer my Promo only collection to hard disc.


Here's direct copy and paste from the AVLA website:
AVLA's members are the owners or controllers in copyright of sound recordings and music videos (record companies)

AVLA's licensees have agreements with AVLA that permit them to:

* make copies of sound recordings owned by AVLA members for the purpose of entertainment to the public, lease copies of sound recordings to commercial subscribers and transmission sound recordings via webcast; and to
* make copies of music videos and perform music videos or for the purpose of entertainment to the public (broadcast) and lease copies of music videos to commercial subscribers.


Okay there is what you are paying for when you purchase an AVLA license:

PERMISSION TO COPY MUSIC YOU HAVE PURCHASED/LEASED onto a hard drive or custom made CD.

Full stop. That's it.

You can make a CD of "ONE HIT WONDERS" instead of carrying around 25 cd's that's what the AVLA allows us to do.

End of story

The big deal of enforcement is to check on a DJ's SOURCE MATERIAL. Meaning if you have custom made CD's or a hardrive worth of songs, you might have to prove that you have the "original source" either CD or download site. That's where the anti-piracy thing kicks in.

So by all means RIPP your Promo-Only stuff onto a hard drive, as long as you:
1) Are a subscriber of Promo Only
2) Do not have a "non-copy agreement" with Promo-Only (I dunno because I don't use promo only)
3) Have a HD AVLA permit.
 
DJ Marcel_1 wrote :
DGee wrote :
What I don't understand is why I can't transfer my Promo only collection to hard disc.


So by all means RIPP your Promo-Only stuff onto a hard drive, as long as you:
1) Are a subscriber of Promo Only
2) Do not have a "non-copy agreement" with Promo-Only (I dunno because I don't use promo only)
3) Have a HD AVLA permit.



I checked the AVLA "All in One License" and it states clearly that you cannot copy the Promo Only CDs to a hard drive, sigh. See below:

When you subscribe to a Music Supply Service, it is important to understand that you do not own the CDs - you are renting them. The CDs are still the property of the Music Supply Service and you do not have the right to copy, sell, rent, give away or lend these CDs. If you copy, sell, rent, give away or lend these CDs, your subscriber agreement will be terminated and you will have to return all CDs, at your expense, to the Music Supply Service.

also

You may not copy this product for any purpose whatsoever. Prohibition against copying Music Supply Service product is clearly visible on the face of the product and is also stated in the lease agreement, regardless of whether they are personal copies or copies for your employees.

also

All reproductions must be made from commercially produced product made by record companies.


I still don't understand the logic behind this, but I guess that is the way it is.


-DGee
 
DGee wrote :
I still don't understand the logic behind this, but I guess that is the way it is.



As far as I can tell there is no logic in it. There's no logic in the Whole concept of the AVLA as it currently is.
 
From an outside point of view id just drop Promo Only and you'd be good to go. Seems like they play a big part in holding you back.

Just my opinion
Huey
 
Good thread topic. The AVLA is such bulls**t. If a DJ is using a hard drive of illegally downloaded music from Limewire or have copied someone's entire hard drive then yes, bust them. BUT, if a DJ has paid for every single song whether it is from Promo Only or iTunes and the record company has received their cut then why the hell can't he use it????

Perfect example; if a bride wants a song played that I don't have then I have then according to the AVLA I can't download it from iTunes from the comfort of my own home... I have to either go to a store and try and find and purchase the entire CD, or buy an entire Promo Only CD that has the song on it, even though by purchasing the song from iTunes the record company still makes money. So basically you're required to buy an AVLA license that doesn't allow you to do f**k all. AND they're strong-arming you into buying an entire CD to get one song! You can play from a CD, you can play from a copied CD as long as you have the original, but you can't copy the CD to a hard drive???? So retarded!


The AVLA needs to get with the times and change their policies regarding digital music on hard drives... but until the old farts that run the AVLA retire or die then they'll still keep enforcing these ridiculously archaic rules as if it was still the year 1993!

And then there's these ridiculous services where they allow you to play music from a hard drive but the service owns the hard drive, not you, so you're paying the same price to "rent" the music, but you never actually own it.

It's not enough that you're paying to play music, the AVLA has to enforce these ridiculous stringent rules. Don't be fooled, Hitler is alive and well and running the AVLA!
 
This is directly from avla.com. There are many faults in this including that they aren't busting anybody and my music collection has continually been paid for over a decade now... never seen an AVLA agent. Pirates continue to undercut my business because I can't do an 8 hour wedding for $175 (that would be my fuel and meeting time with clients before the event even began.)

Disc Jockeys
Standard "All-in-One" Licence

If you are a DJ who would like to copy music onto a hard drive source (Digital Program) using MPEG-3 or an equivalent form of compression, and make compilations on CD-Rs, Tapes, or Mini-discs, then this licence is for you.

Some terms of this licence include:

* This licence is valid from the date of execution until December 31st of the same year (license fees are not prorated)
* You may copy music on MP3 or equivalent form of compression (not a higher form of compression)
* Copies can be made on any of the following recordable media: CDs, CD-Rs, cassettes, minidiscs, DATs, DVDs, memory cards and hard drives (external or internal), by means of which sound recordings may be reproduced
* You are allowed only one (1) hard drive source plus unlimited physical carriers (CDs, CD-Rs, cassettes, etc.)
* Licensee may retain one (1) back-up copy of their library, provided that the sound recordings are not performed in public
* This licence is non-transferable and is for your sole use of you and/or your company's employees
* You may not sell or give away music compilations. The music is for LEASE only and are subject to recall at the end of the agreement or at AVLA's discretion
* You also have the option to create a sampler of 30 second clips to promote your business as long as you do not edit or alter the music in any way except to make the 30 second clip
* Recorded remixes or mash-ups are strictly prohibited, please contact the record labels directly for more information
* The programs are for use in the territory of Canada only
* AVLA and the record companies are not obligated to provide the source music
* Your copies must be from the commercial product made by the record companies to assure quality
* Digital downloads from the internet are prohibited, unless from an AVLA approved source
* AVLA reserves the right to exclude certain songs as directed by the record companies (ex. restricted artists)
* As an AVLA licensee, your display licence should accompany you to every event

Fee: The licence fee is $331.55 + GST/HST per system.
 
DJ Marcel_1 wrote :
Mainly because the AVLA is incredibly useless. Always has been. This organization that really doesn't do anything outside of Ontario, yet claims a mandate over all of Canada. Once every 5-6 years I hear of a investigator going to Winnipeg but that's only a 2 hour flight from Toronto. I know people who are knocking themselves purple worried about the AVLA and any possible check-ups.


Btw, do you know how their investigative process works?
1) Someone reports a DJ
2) They contact a group of Lawyers for the Record Companies
3) The Record Companies decide to investigate or sue.

In the unlikely event of any AVLA investigator actually showing up at a gig further West than Winnipeg
1) Must Provide a business Card and I.D.
2) Can not interfere with you, your equipment or the Function.
3) Can only ask you if you are a AVLA member or have a licence

If the Avla wants to be taken seriously then they have to properly operate Cross-Canada, actually perform investigations, and enforce their results. Otherwise no-one will take them seriously

I don't; But I still have a licence.

We all know that piracy is wrong, and illegal, etc. But if we are going there it should be simple.

Legally purchased/leased music VS illegally downloaded music.

And Enforce it.


So this forces me to ask several questions:

1. How is it their business whether you have an AVLA licence or not when you can legally do the business of VJ/DJing without a licence with such organizations as ERG, XtendaMix, DJZip etc as well as proviode your own music in the form of store bought CDs?

2. Given that these so-called investigators have no powers of policing in Canada on top of the above, correct me if I am wrong but you can tell anyone from the AVLA to go F%^$ themselves if they show up at your booth since they have no warrant or power to enforce their obvious monopoly on copying recorded material?

3. Since you can absolutely legally perform as a DJ without an AVLA licence in-hand (I have this in writing by email directly from AVLA as well as it being posted on their site) - what business is it of there's whether you have one or not?

4. How can anyone rightly put in a legitimate complaint against a DJ just because they "suspect" an act of piracy when they do not or can not have the power to verify the DJ's system without a warrant to see whether the songs they are playing are legitimate or not (from the above services)? Just because anyone reports DJ "X" is "possibly" playing his music illegally, it is nothing more than heresay without proof and therefore should not warrant an investigation by police (who are really the only ones with the right to dig into this and only with credible suspicion)....

5. If I bring all my CD's to a gig with me (which I plan to do) and am able to prove on the spot that I own the material being played, why can't I have soft version playing on VDJ to make my life easier and save my collection from wear and tear? I don't mind carting the collection in Binders and hump them there each time in a box to satisfy anyone that all the music I play I either own or lease....

6. I am in British Columbia and cringe at the thought of some puke from Ontario trying to enforce the unenforceable - Should I be expected to lie down to this obvious ploy to buy into their propoganda (sounds like that is all it is)? My intent is to do this above board and legally without AVLA interfereance...
 
Please stop using the term purchasing or buying, etc. When you use a music service in Canada you do not own any rights to the music. In reality it's only leased until you no longer subscribe to the music service where it came from and then after 30 days you must return it or distroy it by law. The only time a Dj/Vj/Kj needs to apply for a licence of any type is if he/she is charging at the door. DJing at a club or a wedding it is not your responsibilty to acquire any licenses, it is either the hall or club owner or in the instance that the hall doesn't have a license they will tell the bride and groom, etc to pay the costs for the evening in most cases around $70. there are many non for profit organisations in north america including AVLA, Socan, RE:Sound, etc and each collects for different parts of a composition to spread royalties to studios, musicians, record label, artists and the list goes on. At the moment clubs dont need a Re:Sound license for video use in a club but I'm sure it won't be too long, so in the meantime club owners take advantage of it. Doin karaoke 1-3 times a week in a club costs the club about $80 per year and about $100 for 4-7 days, not bad. A club that holds about 250 clients costs about $500 per year for Re;Sound and about $1100 per year for Socan based on about 2 nights per week. Background music also comes with a cost as well. AVALA rights are automatically paid through music leasing services. Its the same rules right across Canada. There are many more that you as a mobile dj doen't know about and its nothing you should worry about unless you are creating your own gigs. A dj does not need any kind of license, its basically the locations problem. Then theres all the dancefloor taxes that they must pay!

Funkmasterfrank
 
just move to the states, the beer might be weak, but you don't have to put up with that licensing garbage - the venue does.
 
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