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Re: Music Rights and internal communication

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Frank Otto
Re: Music Rights and internal communication
on Nov 17, 2005 at 4:33:57 pm

That was the opinion of legal. The infringment case was based on the decision of the producer to "feature" the band and, as such, the producer has the obligation to verify if the work being performed was licenced (note - Kentucky was also named by CBS Records as a party - later removed from the suit as the school had "bought" the arraingment).

The court ruled that the producer of a live event has no control over background sounds duing announcer segments or game play. However the control was excercised when the producer, specifically asked the camera operator to cue the band, then featured the band playing the song in question. Additionally, the producer saw fit to record the segment, use it as a bump out at a later time (i.e. not live) and then use it again as bg for a promo days later.

1990, 91 and 92 brought on a lot of litigation against the producers of sports televison - the nets all believed they had paid royalties under the "ASCAP-BMI blanket" for broadcasting. That blanket was determined to only apply to non syncronized playback of music as programming (i.e radio or background to non-syncronized text or images). It did not cover the use of licenced material as sync'd background, thematic or scored incidental for programming or re-recording.


Frank Otto

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