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Copyrights And Common Sense


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And I agree with BRASSO as well. (It's just a copyright hugfest, here... I'd lead us all in Kumbaya, but I haven't secured a license for it). But besides the slightly more dubious claim of the composer's great-great-great-great-grandkids (although people do pass other kinds of property on, subject to estate tax), there's also the fact that while today's composers are generally more savvy than to sell away their rights for nothing or for a song, think of all the R&B and jazz composers in particular up through the 1960s who got cheated out of their copyrights. The great-great-great-great grandkids of some of those record producers are even less sympathetic. Like the rest of the justice system, anybody looking for purity had best look elsewhere.

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And I agree with BRASSO as well. (It's just a copyright hugfest, here... I'd lead us all in Kumbaya, but I haven't secured a license for it). But besides the slightly more dubious claim of the composer's great-great-great-great-grandkids (although people do pass other kinds of property on, subject to estate tax), there's also the fact that while today's composers are generally more savvy than to sell away their rights for nothing or for a song, think of all the R&B and jazz composers in particular up through the 1960s who got cheated out of their copyrights. The great-great-great-great grandkids of some of those record producers are even less sympathetic. Like the rest of the justice system, anybody looking for purity had best look elsewhere.

I wouldn't say that the difference is because today's composers are more "savvy"; rather, I believe it's a case where yesterday's composers had no reason to be.

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It's time for DCI to get serious about corps using copyrighted material for which they have not received permission from the copyright owners. Off the top of my head, here is my suggestion. It should be part of the DCI rules.

All corps must secure written performance/use permissions from copyright owners of all material included in their shows, musical or otherwise. Copies of these permissions must be on file with the DCI office before the season begins. ANY CORPS PERFORMING MATERIAL FOR WHICH IT HAS NOT RECEIVED WRITTEN PERMISSIONS FROM THE COPYRIGHT OWNERS WILL BE ASSESSED A 2 POINT PENALTY PER OCCURENCE. (in other words, if a corps has one song and one image for which DCI has no permission letter on file, the corps would receive a 4 point penalty for that contest)

Since the performance copyright issues seem to be only of concern relating to the DVDs, perhaps the penalties would only pertain to performances during the championships, when the videos are being made. That way, corps would have extra time to secure permissions, if needed. But starting the season without having copyright clearance for all material in your performance would be a huge risk and would force corps to plan their shows earlier to allow time for obtaining permissions. This would be a good thing, in my opinion. Why should fans and corps members be "cheated" out of some portions of shows being removed from the DVDs? No more.

Maybe you have other suggestions?

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It's time for DCI to get serious about corps using copyrighted material for which they have not received permission from the copyright owners. Off the top of my head, here is my suggestion. It should be part of the DCI rules.

All corps must secure written performance/use permissions from copyright owners of all material included in their shows, musical or otherwise. Copies of these permissions must be on file with the DCI office before the season begins. ANY CORPS PERFORMING MATERIAL FOR WHICH IT HAS NOT RECEIVED WRITTEN PERMISSIONS FROM THE COPYRIGHT OWNERS WILL BE ASSESSED A 2 POINT PENALTY PER OCCURENCE. (in other words, if a corps has one song and one image for which DCI has no permission letter on file, the corps would receive a 4 point penalty for that contest)

Since the performance copyright issues seem to be only of concern relating to the DVDs, perhaps the penalties would only pertain to performances during the championships, when the videos are being made. That way, corps would have extra time to secure permissions, if needed. But starting the season without having copyright clearance for all material in your performance would be a huge risk and would force corps to plan their shows earlier to allow time for obtaining permissions. This would be a good thing, in my opinion. Why should fans and corps members be "cheated" out of some portions of shows being removed from the DVDs? No more.

Maybe you have other suggestions?

DCI already does this - permission to arrange/perform is taken care of by the corps, and they've generally done a good job of this for decades now.

The DVD's / videos are a separate set of rights that DCI has always obtained, as DCI is the one selling them. That's the copyright kerfluffle going on presently.

Mike

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kerfluffle......nice!

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ANY CORPS PERFORMING MATERIAL FOR WHICH IT HAS NOT RECEIVED WRITTEN PERMISSIONS FROM THE COPYRIGHT OWNERS WILL BE ASSESSED A 2 POINT PENALTY PER OCCURRENCE.

As far as we know, all corps have secured the rights to arrange and perform all their music. The only instance in recent years where I've been told this did not happen was with an Open Class corps, Revolution, for their "Shattered" show in 2012. That corps shut down in the following off-season.

(That said, there's also something weird about Gold's production from the same season. On the video for DCI's Open Class championships, about two minutes of Gold's show are missing--the whole performance thus runs only a bit more than 6 minutes--but there's no reference on the video package to anything having been removed. The omitted part is their ballad. You can find other videos of their performance online. That whole show is officially supposed to be original music, but if so, why did DCI cut that particular tune? I have wondered if it's because the song is very similar though not identical to a certain early 2000s pop hit. Could that be true? Does anyone else notice the similarity?)

Edited by N.E. Brigand
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It's time for DCI to get serious about corps using copyrighted material for which they have not received permission from the copyright owners. Off the top of my head, here is my suggestion. It should be part of the DCI rules.

All corps must secure written performance/use permissions from copyright owners of all material included in their shows, musical or otherwise. Copies of these permissions must be on file with the DCI office before the season begins. ANY CORPS PERFORMING MATERIAL FOR WHICH IT HAS NOT RECEIVED WRITTEN PERMISSIONS FROM THE COPYRIGHT OWNERS WILL BE ASSESSED A 2 POINT PENALTY PER OCCURENCE. (in other words, if a corps has one song and one image for which DCI has no permission letter on file, the corps would receive a 4 point penalty for that contest)

Since the performance copyright issues seem to be only of concern relating to the DVDs, perhaps the penalties would only pertain to performances during the championships, when the videos are being made. That way, corps would have extra time to secure permissions, if needed. But starting the season without having copyright clearance for all material in your performance would be a huge risk and would force corps to plan their shows earlier to allow time for obtaining permissions. This would be a good thing, in my opinion. Why should fans and corps members be "cheated" out of some portions of shows being removed from the DVDs? No more.

Maybe you have other suggestions?

I'm not sure if you truly understand the dynamics of this. Some of these rights can take more than a year from my understanding....but with that in mind corps should maybe plan two years ahead of schedule...not sure though how practical this would be though for the corps...

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As far as we know, all corps have secured the rights to arrange and perform all their music. The only instance in recent years where I've been told this did not happen was with an Open Class corps, Revolution, for their "Shattered" show in 2012. That corps shut down in the following off-season.

(That said, there's also something weird about Gold's production from the same season. On the video for DCI's Open Class championships, about two minutes of Gold's show are missing--the whole performance thus runs only a bit more than 6 minutes--but there's no reference on the video package to anything having been removed. The omitted part is their ballad. You can find other videos of their performance online. That whole show is officially supposed to be original music, but if so, why did DCI cut that particular tune? I have wondered if it's because the song is very similar though not identical to a certain early 2000s pop hit. Could that be true? Does anyone else notice the similarity?)

I'll have to take a look at this. At surface level, just because a selection is similar to another (heck, that's been the charge against pop music for years..."It's all the same"), I wouldn't think that alone would be enough for it to be stricken from an audio or video recording. Now if behind the scenes there were to be actual plagiarism legal proceedings going on -- then that would be a whole different kettle of fish entirely.

Edited by HornTeacher
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I'm not sure if you truly understand the dynamics of this. Some of these rights can take more than a year from my understanding....but with that in mind corps should maybe plan two years ahead of schedule...not sure though how practical this would be though for the corps...

over60, do you recall Madison Scouts 2011?

http://www.drumcorpsplanet.com/forums/index.php/topic/152151-the-challenges-of-music-licensing-and/

They thought they were going to be okay on Empire State of Mind. Then State Farm wanted the music exclusively for their commercial, and the Scouts had to drop it from the videos. A similar situation came up with 30 or 45 seconds of music from Phantom 2008 where the composer was okay with licensing his music but not okay with video sync rights, if I recall correctly. I'm sure there have been other examples. Planning ahead is great, but it doesn't always work.

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