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music at stage performance

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lensflare1music at stage performance
by on Jun 29, 2006 at 4:28:21 am

Hi There.

I was just wondering what the implications are of filming a live event that has copyright music playing on the sound system as part of the show.

Does the "in camera" capturing of the sound differ from actually laying down the tracks on the timeline from a CD?

Just not sure on implication here.


"That Camel had it coming I tells ya...."

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Pixel MonkeyRe: music at stage performance
by on Jun 29, 2006 at 12:51:55 pm

Not sure of your intent with the footage, but...

Public event = OK. Private or paid event = problematic. Usage plays a big part. Remember, exploitation = litigation.

side note:
"That Camel had it coming I tells ya...."
- What's that from?

`(=)`/...Pixel Monkey

Just finished editing "Frank Lloyd Wright's Buffalo" - see it on PBS Sept 4, 2006 at 10pm.
(Yes, that is Labor Day)

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nestorlRe: music at stage performance
by on Jun 29, 2006 at 4:30:02 pm

Video taping of shows with copyrighted music during public OR private events is technically illegal. There is no difference between private and public shows.

The issue is the type of clearance obtained by the show producers. The music used have specific restrictions and in most cases the videotaping for any purposes whatsoever (including personal use) is not permitted unless the producers of the show requested a specific clearance. This applies both to public and private shows.

Does this mean that the music labels will come knocking on your door because you taped your 6 year old daughter performing in a play? Very unlikely!!

But technically the videotaping of events without a explicit clearance to do so

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lensflare1Re: music at stage performance
by on Jun 30, 2006 at 7:43:10 am

Thanks guys.
I am selling copies of the DVD and it was a ticket selling dance event at a theatre....... sounds like i am in a problematic area?

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nestorlRe: music at stage performance
by on Jun 30, 2006 at 1:15:32 pm

Yes. You need to talk to the producer and get a copy of the music release they obtained. It will likely not allow videotaping of the performance for any reason. However, you and the producer can contact the rights holder/manager and purchase the correct license - which most times is very expensive. In the future, if you get hired for something like this explain the issues to the producer and demand the obtain the correct clearance and provide you a copy of it. Sometimes you have to be named on the contract as the person authorized to videotape the performance.

Good luck. Nestor.

Nestor L. Lopez
Executive Vice-President
Explorart Films

Statements presented in the message are statements of opinion only and should not be considered legal advice. Please contact a qualified entertainment attorney.

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