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   Author  Topic: Concert That I Recorded  (Read 510 times)
Chris Ryan
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Concert That I Recorded
« on: Dec 16th, 2005, 9:41am »
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Hello
I have recently gotten into recording concerts (audio & video).  I have the bands permission for every show I record.  Someone recently told me they learned in a law class that if they record the concert they then own the rights to the video.
 
So I was wondering:
1. is the true?
2. if I want to give the videos away for free on a website, could I get in legal trouble?
3. if I wanted to sell the videos could I get in legal trouble?
 
Thank You
Chris
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Isaac
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Re: Concert That I Recorded
« Reply #1 on: Dec 16th, 2005, 10:14am »
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There is some truth in what you were told.  But you were not told the whole truth.
 
If the material you record is not copyrighted by the band, then by fixing the material in a tangible medium, the recorder would own the copyright.
 
Generally speaking though, a concert is not composed of impromtu, extemporaneous material.  If the music was previously fixed in a tangible medium by the band, video taping the performance would infringe the copyright held by the band in the material but maybe not the separate copyright in the taped performance.  
 
Also if the band was taping their performance simultaneously with performing then they would possess a copyright which your taping would infringe.
 
Under state law, the band might also have publicity rights over the use of their name, likeness, and in some jurisdictions maybe even in the distinctive sound of their voices, or maybe in some distinctive sound they can generate from their instruments.  Those rights are separate from copyright, and might come into play if you tried to publicly display or distribute your recording.
 
Maybe some other rights might be involved as well.
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Isaac
Terry
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Re: Concert That I Recorded
« Reply #2 on: Dec 18th, 2005, 7:52am »
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You may have been given permission to record the concert but that is not the same as permission to sell copies of the recording. You own the video but the "artist" owns the performance. Next, you have the question of negotiating sync rights for the songs that are performed and of course, you would have to pay "mechanicals' for the mechanical reproduction of the songs on each copy of the video sold. For that you need a mechanical license.  So, the bottom line is that you have a video to watch at home until you have cleared all of the other rights.
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