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   Author  Topic: Tangible Medium  (Read 878 times)
Bill Richards
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Tangible Medium
« on: Jun 12th, 2006, 4:12pm »
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Presenter gives PowerPoint presentation with appropriate legend and audio records his talk.  No problem.
What if the seminar organizer is the only one to record the talk?  Talk still protected?  Any rights to one who records?  My sense is "yes" and "no", but would appreciate confirmation.  What if the presenter and the organizer both record?
In both cases, the organizer wants to distribute CD with audio portion, but presenter has given no prior grant of rights to do so.
« Last Edit: Jun 12th, 2006, 6:23pm by Bill Richards » IP Logged

William B. Richards, P.E.
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Isaac
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Re: Tangible Medium
« Reply #1 on: Jun 12th, 2006, 4:51pm »
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on Jun 12th, 2006, 4:12pm, Bill Richards wrote:
Presenter gives PowerPoint presentation with appropriate ledgend and audio records his talk.  No problem.
What if the seminar organizer is the only one to record the talk?  Talk still protected?  Any rights to one who records?  My sense is "yes" and "no", but would appreciate confirmation.  What if the presenter and the organizer both record?

 
If the presenter's remarks are not extemporaneous, for example if the presenter gives his lecture based on his already fixed notes or slides, or his remarks are largely the same as a previous lecture which he has recorded, those previous fixations may be enough to establish the lecturers rights so that the seminar organizer could not record without infringing the previously fixed works.  
 
It's only when the presentation is truly extemporaneous that things get interesting.  Further, if the presenter records as he presents, I believe that the presenter as the author secures the rights, and the seminar organizer has no rights to distribute or make copies of even an extemporaneous speech absent an agreement.
 
If the presenter gives an extemporaneous speech without recording, the organizer might not be prevented by Title 17 from distributing, but the presenter may have common law rights under state law that would protect his interests.   Title 17 leaves rights in unfixed works as subject matter the states can regulate.
 
« Last Edit: Jun 12th, 2006, 4:54pm by Isaac » IP Logged

Isaac
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Re: Tangible Medium
« Reply #2 on: Jun 12th, 2006, 9:06pm »
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I'm just wondering, why does the fact that the presentation is extemporaneous make any difference?  The words that do come out are original to the presenter, and the recording is the fixation, even if it's recorded by the presenter, right?
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Isaac
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Re: Tangible Medium
« Reply #3 on: Jun 13th, 2006, 4:30am »
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The non extemporaneous speech may consist in part of material previously fixed.   It is the previous fixation that makes the difference.   Even a previous fixation of notes from which the speech is given may be enough to cause the organizer problems if he tries to distribute tapes of the lecture without permission.
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Isaac
JSonnabend
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Re: Tangible Medium
« Reply #4 on: Jun 13th, 2006, 6:36am »
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Extemporaneous speeches are not protected by copyright in and of themselves, however, recordings of such speeches in tangible media -- video, audio, written -- are protected.  So once an "extemporaneous speech" is recorded, the recording is protected.  
 
In order to protect verbally delivered content from "misappropriation" by those attending the speech, one must first fix the content of the speech.  Absent such a fixation, anyone is free to "fix it"  themselves without fear of copyright infringement.
 
That's my understanding of the copyright issue Isaac raised, at least.
 
Regarding the "performance" of the speech, I don't believe that's covered by copyright per se, but a recording of it would be.  Assuming the underlying content of the speech were protected, then the performance would like be a derivative work of some sort.  Short of that, I believe only contract law could limit the rights of others to record it.
 
- Jeff
« Last Edit: Jun 13th, 2006, 6:41am by JSonnabend » IP Logged

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