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Re: Recording and selling DVDs of dance recital - music rights

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Re: Recording and selling DVDs of dance recital - music rights
by Mark Suszko on May 14, 2009 at 3:29:57 am

Patrick, that is a much more interesting and more complex question.

I will say that my rule of thumb question in these situations is: at what point (if any) did money change hands? Who got paid to do what? Breaking the copyright laws for money, you just don't get too many escapes from that. Even Fair Use is not a magic shield. Fair Use is the excuse you give the judge AFTER you've been dragged into court in an expensive and time-consuming lawsuit and found guilty of the factual matter of making something using copyrighted materials without consent. Then, at that point, the judge decides if your situation fits one of the narrowly defined areas where Fair Use is allowed.

If the whole thing was done for free, the case is harder to move forward, but don't take that as professional legal advice. Moreover, what is "free", anyhow? Are they taking tickets at the door of the school? is *somebody" getting money? Even if it's just a little? And did you enable it? It's a big ball of yarn to untangle. Best not to try.


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