Kamarag Posted February 7, 2016 Share Posted February 7, 2016 As for what DCA should have done about corps selecting music for which it would later turn out mechanical and synchronization rights were going to be unavailable, for 2015, I would guess that conditions changed too quickly for them to have done anything. Through 2014, DCA apparently had reasonable working relationships with the license-holding companies which resulted, as with DCI, in most works getting cleared for audio/video products after the close of each season, with a few bits being cut here and there. By the time the 2014 products were being issued based on that history, corps had already selected their 2015 repertoires, and presumably were able to obtain the arrangement and performance rights as they had previously done. It was in January 2015 that the Fan Network issues first arose, as I recall, and for many months after that, the scuttlebutt was that those problems would soon be cleared up. DCA could hardly have told all the corps to change their 2015 repertoires in May! It's not DCA's job to tell the corps what they can and cannot play, nor is it really possible to pass a rule stating "corps can't play any music DCA cannot secure the synch rights for". It's not the corps responsibility to even inquire about synch rights (unless they plan to release thier own media....but even then the pricing may be vastly different). Corps are responsible for arranging and performance rights. Period, stop. And let's be honest...DCA (and DCI) abused copyright for so many years, it's a wonder the rightsholders will even have a conversation with the two circuits all, let alone sell them synch rights at an affordable rate. 2 Quote Link to comment Share on other sites More sharing options...
N.E. Brigand Posted February 8, 2016 Share Posted February 8, 2016 It's not DCA's job to tell the corps what they can and cannot play, nor is it really possible to pass a rule stating "corps can't play any music DCA cannot secure the synch rights for". It's not the corps' responsibility to even inquire about synch rights (unless they plan to release thier own media....but even then the pricing may be vastly different). Corps are responsible for arranging and performance rights. Period, stop. You describe the status quo very well, "period, stop", but why does it have to stay that way? Might it not be beneficial for the members of DCA or DCI to agree to change the requirements so that corps have to obtain mechanical and synchronization licenses at the same time they obtain arranging and performance licenses? I work in live theatre, where starting about ten years ago, the various producing organizations, through their collective bargaining units (Broadway producers, Off-Broadway producers, League of Resident Theatres, etc.) negotiated with the actors', directors', and designers' unions to be allowed to make much greater use of video footage of our shows than had previously been possible. Why? Because being able to post video of your show on Youtube helps sell tickets, or being able to let a foundation post some video of the show they're sponsoring on their own website makes them a happier sponsor. With absolutely no 2015 DCA video apparently available, hasn't DCA just lost all sorts of marketing opportunities? Fewer tickets sold by DCA ultimately hurts the corps, right? (Not that DCA, as far as I can tell, was doing all that much along these lines in the first place.) Quote Link to comment Share on other sites More sharing options...
cixelsyd Posted February 8, 2016 Share Posted February 8, 2016 It's not DCA's job to tell the corps what they can and cannot play, nor is it really possible to pass a rule stating "corps can't play any music DCA cannot secure the synch rights for". Actually, it is to some extent "DCA's job" to tell corps what they cannot play. If any drum corps circuit runs events without even attempting to comply with copyright law, they can be liable when infractions occur. At a minimum, circuits should be requiring corps to submit documentation for permission to arrange/perform their music, and not allowing undocumented music to be performed at their events. We had the synch rights discussion before. You may not like it, and it may not be neat and simple, but it is "possible" for DCA or any other circuit to pass a rule or policy addressing synch rights. We have examples of circuits imposing no-play lists, excluding songs (or whole corps) from video products, and more complex policies that include options for corps/bands to address sticky synch rights in the manner they prefer. A no-play list may not be your favorite answer, but would you prefer having no video? Quote Link to comment Share on other sites More sharing options...
leed17 Posted February 8, 2016 Share Posted February 8, 2016 DCA and DCI benefit financially from the sale of DVD's etc. How much of that goes to individual corps? I don't know the answer to that, but I don't think the individual corps would be asked to pay for synch rights if they aren't getting a piece of the pie, at least directly...I understand that it is great marketing for them, and that ultimately DCI and DCA are there FOR the corps, but money is money. I don't think any corps (except for maybe the big guns like BD, Cadets, etc) would be able to handle the financial burden of paying for arranging rights, performance, rights, audio rights, and sync rights and then DCI or DCA sell videos and CD's and get the profit directly without passing much or any of it to the corps directly... Am I wrong in stating this? Quote Link to comment Share on other sites More sharing options...
Kamarag Posted February 8, 2016 Share Posted February 8, 2016 Might it not be beneficial for the members of DCA or DCI to agree to change the requirements so that corps have to obtain mechanical and synchronization licenses at the same time they obtain arranging and performance licenses? No, it's not. The corps are not responsible for obtaining synch rights. The DVD/CD production company is. That's how copyright law works. DCA won't pass a rule that circumvents copyright law. Quote Link to comment Share on other sites More sharing options...
N.E. Brigand Posted February 8, 2016 Share Posted February 8, 2016 No, it's not. The corps are not responsible for obtaining synch rights. The DVD/CD production company is. That's how copyright law works. DCA won't pass a rule that circumvents copyright law. Ah, I think I get what you're saying: it's not the producer but the recording company hired by the producer who obtains those rights. Yes? So if I want to sell a video of myself singing Beyonce's "Formation", and I want it to sound and look good (setting aside the fact that since it's me, it will do neither) and hire a local studio to create the DVDs, only the studio, and not me, can request the synchronization rights? Even though I'm the one who will be selling it? (Which of course is further complicated in this case where DCA/DCI rather than the corps themselves are the producer. And I cannot recall whether one purchased recordings from DCA or from DCA's contracted recording company.) Even granting your premise (and I'm not entirely sure about it), there are workarounds. DCA and DCI could require that all corps perform only music for which titles have been submitted in advance to DCA/DCI, and for which DCA/DCI have obtained (or have had their production company obtain) mechanical and synchronization licenses in advance. That would naturally require a lot more planning ahead by the corps and leagues. Quote Link to comment Share on other sites More sharing options...
perc2100 Posted February 8, 2016 Share Posted February 8, 2016 Ah, I think I get what you're saying: it's not the producer but the recording company hired by the producer who obtains those rights. Yes? So if I want to sell a video of myself singing Beyonce's "Formation", and I want it to sound and look good (setting aside the fact that since it's me, it will do neither) and hire a local studio to create the DVDs, only the studio, and not me, can request the synchronization rights? Even though I'm the one who will be selling it? (Which of course is further complicated in this case where DCA/DCI rather than the corps themselves are the producer. And I cannot recall whether one purchased recordings from DCA or from DCA's contracted recording company.) Even granting your premise (and I'm not entirely sure about it), there are workarounds. DCA and DCI could require that all corps perform only music for which titles have been submitted in advance to DCA/DCI, and for which DCA/DCI have obtained (or have had their production company obtain) mechanical and synchronization licenses in advance. That would naturally require a lot more planning ahead by the corps and leagues. The company that actually SELLS the media is required to obtain applicable copyrights. If you hire someone to make a CD of your beautiful voice, their job is to record, master, dupe, etc. When you sell/collect the money you're the one in charge of clearing all rights. If Blue Devils sell a DVD of their show independently, it's their job to clear the rights; if DCI sells the DVD they have to clear the rights. We're talking the sync rights. Blue Devils need to get the applicable rights to arrange/perform someone else's music regardless of media sales. 1 Quote Link to comment Share on other sites More sharing options...
Kamarag Posted February 8, 2016 Share Posted February 8, 2016 The company that actually SELLS the media is required to obtain applicable copyrights. If you hire someone to make a CD of your beautiful voice, their job is to record, master, dupe, etc. When you sell/collect the money you're the one in charge of clearing all rights. If Blue Devils sell a DVD of their show independently, it's their job to clear the rights; if DCI sells the DVD they have to clear the rights. We're talking the sync rights. Blue Devils need to get the applicable rights to arrange/perform someone else's music regardless of media sales. Absolutely correct. If both DCI and the Blue Devils want to release recordings, they both secure the mechanical or synch rights. And they may not necessarily cost the same for each organization. That's when it gets *really* fun. Quote Link to comment Share on other sites More sharing options...
garfield Posted February 8, 2016 Share Posted February 8, 2016 DCA and DCI benefit financially from the sale of DVD's etc. How much of that goes to individual corps? I don't know the answer to that, but I don't think the individual corps would be asked to pay for synch rights if they aren't getting a piece of the pie, at least directly...I understand that it is great marketing for them, and that ultimately DCI and DCA are there FOR the corps, but money is money. I don't think any corps (except for maybe the big guns like BD, Cadets, etc) would be able to handle the financial burden of paying for arranging rights, performance, rights, audio rights, and sync rights and then DCI or DCA sell videos and CD's and get the profit directly without passing much or any of it to the corps directly... Am I wrong in stating this? Your logic sounds correct (although logic and DCI may not go well together in the same sentence sometimes) but your notion that DCI keeps some profit for itself is wrong. The last time DCI intended to keep "profit" for itself was in 2010 when they announced the intention to have $500m in the bank as a cushion as part of their then-business plan. I don't think they've ever gotten close to that. Virtually all of DCI's revenue from all sources goes to pay to produce shows and whatever balance is left over is paid to the corps. On DCI's income statement I believe the payments for media proceeds is summarized, but I'd be shocked if they weren't broken down by usage (FN) and sales (media) on a per-corps basis. Quote Link to comment Share on other sites More sharing options...
N.E. Brigand Posted February 8, 2016 Share Posted February 8, 2016 Absolutely correct. If both DCI and the Blue Devils want to release recordings, they both secure the mechanical or synch rights. And they may not necessarily cost the same for each organization. That's when it gets *really* fun. Gotcha. When you wrote above that "the DVD/CD production company" is responsible for securing rights, you meant DCI/DCA. I misunderstood. Quote Link to comment Share on other sites More sharing options...
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