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Re: Dance Recital Question

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Mark SuszkoRe: Dance Recital Question
by on Feb 24, 2008 at 2:34:26 am

In a message dated 2/23/08 6:10:20 PM, businessmarketing@creativecow.net writes:
"SO can anyone show me an example of a videographer getting taken to court because they filmed a school dance recital and sold dvds?"


From a fast google search:

http://www.news.com/2100-1030_3-6156021.html

and

http://biz.yahoo.com/ap/061117/myspace_universal.html?.v=7



Quote from another discussion thread via google search:
May 15th, 2003, 08:22 AM
"Rick, the problem is that the same law that protects the big bad recording industry also protects the little guy (you and me). I doubt you'll see it that way until you've had something that you've created ripped off. Believe me it's the same feeling as having your car stolen. I know because I've had both happen to me.

I was walking through JC Penny one day and saw a T-shirt with my photograph on it. I bought a shirt and contacted my attorney. The T-shirt creator had seen the image in a book and virtually copied it directly to the shirt (he took a couple of branches out of the background). To make a long story short, I got $10,000 for the image. I feel full justified in getting paid for the damages I suffered and am thankful there are laws that protect the little guys."

Here's another quote from the google search:

"My Voice, My Choice
Page 7 of 8

So, copyright violations are civil, not criminal. Even if I get caught, what’s the worst they can do to me?

First, while copyright violations are indeed civil and not criminal, new laws allow criminal prosecution in cases where over 10 copies of protected material and/or 2500.00 was transacted in the process of copying. So, if you make 25 copies of a wedding video, and you were paid more than 2500.00 for the shooting, editing, and delivery of that wedding video, watch out. Most attorneys will admit that this law is more or less untested at lower levels but it does exist and is a straw to be grasped by the copyright holder. [an error occurred while processing this directive]How long do copyrights last? Can I just wait for the copyright to expire and then use the copyrighted media?

Copyrighted works are generally protected for the life of the author plus seventy years, or in the case of works made for hire, ninety-five years from the date of first publication, or ninety five years from the year of its creation, whichever expires first. So, don't wait up too long if the work you want to use is fairly recent in nature. You'll be well past grey by the time it's available. The term used to be shorter, but the Sonny Bono Copyright Term Extension Act changed all this in 1998. You've noticed that the local drugstore has signs that say "Cigarettes sold to those born before 1985 ? Similarly, due to the SBCTEA, the first year that all works enter public domain will be 2019, when works from 1923 become PD, or Public Domain.

I shoot a lot of dance recitals and then sell the videos to the parents. The dance instructor has since informed me that her dance choreography is copyrighted and I can't sell the videos without paying her a royalty and obtaining her permission. She says I'm covered for recording the music and I believe her because the dance studio has an ASCAP sticker on the window.

The dance instructor is right in saying that the dance choreography is copyrighted. She is wrong in saying that you are covered for the music because she pays ASCAP or BMI fees. ASCAP and BMI cannot and do not issue sync licenses. Unless the music being danced to is Work For Hire composition, you cannot make reproductions of the dance recital, period, without a sync license issued by the copyright holder or their representatives. "

............
Those were all quotes pulled from the first quick search I did.

Okay, me again now.
No, I did not find you a specific case from that quick a search, then again I don't have Lexis/Nexis or the specific legal case database access of a law firm. So I guess logically, that means you're in the clear Ryan, forget everybody's admonitions against it, go ahead, the bell and collar are over there, the litter box is over that-away... and the cat is nearby somewhere. You have absolutely nothing to worry about, we're all just worry-warts cowed by nonexistent boogeymen.....you are much too small to ever be noticed or sued by anyone. And if they DID sue you, no law firm will EVER search the net for your real name in connection with this topic and all the advice that's been traded over your inquiries. So you're as safe as houses. Really.

We'll just stand over here by the mouse hole with the silly cowards and watch and root for you from here. Just one question:

Can I have your stuff later?

:-)





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