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Do drum corps have a legal right to restrict access to rehearsals held in publicly accessible venues?


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1 hour ago, KCWolfPck said:

Quick correction.  Drones cannot be flown above 400 feet.  If they could fly above 400 feet, they would be in airspace potentially occupied by airplanes and there would be a risk of collision. 

Which scares the crap out of me. 

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This discussion reminds me of an incident that I was involved in a couple of years ago that is somewhat similar (but not really), but shows how misinformed some people are.

I was shooting still pictures at a local BOA regional for the newspaper I worked for. I had a BOA-issued press pass hanging around my neck and everything when this total dweeb who had been hired by Jolesch to shoot the show comes up to me on the track and informs me that I'm not allowed to take pictures of the bands. I basically told him to f--- off, because I had BOA's blessing, hence the BOA press pass that was hanging around my neck along with my regular press credentials. He then asked me for me editor's name and phone number and told me that Jolesch had exclusive rights to shoot the event, and that I was violating U.S. copyright laws by shooting pictures. I just laughed in that joker's face and kept shooting. 

Edited by oldsoprano
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20 minutes ago, oldsoprano said:

This discussion reminds me of an incident that I was involved in a couple of years ago that is somewhat similar (but not really).

I was shooting still pictures at a local BOA regional for the newspaper I worked for. I had a BOA-issued press pass hanging around my neck and everything when this total dweeb who had been hired by Jolesch to shoot the show comes up to me on the track and informs me that I'm not allowed to take pictures of the bands. I basically told him to f--- off, because I had BOA's blessing, hence the BOA press pass that was hanging around my neck along with my regular press credentials. He then asked me for me editor's name and phone number and told me that Jolesch had exclusive rights to shoot the event, and that I was violating U.S. copyright laws by shooting pictures. I just laughed in that joker's face and kept shooting. 

 The guy was indeed a moron, as the old adage, " never pick a fight with anyone ( newspapers ) that buys ink by the barrel" should have told him its just common sense to avoid confronting you. Plus, Jolesch has been shooting events at DCI, BOA. WGI for decades with the print media present, and taking pics, and the press with credentials never a problem for anyone. So ya, the guy seemed to be way out of line with his confrontation with you. You handled it appropriately. You laughed him off and just kept shooting. Good for you.. lol.

Edited by BRASSO
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10 minutes ago, BRASSO said:

 The guy was indeed a moron, as the old adage, " never pick a fight with anyone ( newspapers ) that buys ink by the barrel" should have told him its just common sense to avoid confronting you.

 

We didn't buy ink by the barrel. We bought it by the train car. :)

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2 hours ago, BariBone said:

What about corps members that attach go pro cameras to their heads and record the entire show from the field and then post it to youtube...or Hopkins live streamingentire chunks of music during spring training practice. do the corps police themselves or  are they just worried about the fan base leaking the shows before they are widely seen. 

Personally seeing the go pro vids on YouTube, if you look at their upload dates most of them are put up after the competition season has started not during spring training and if they do put them up they are without music. As for Hops that is his personal discretion of his corps whether or not to video for the fans. One corps may allow you while another doesn't. 

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Regarding the GoPro videos, a few years back a drummer, I believe for Crown, had a Go Pro attached somewhere which captured his drum coming apart. I don't remember where it was captured, but it was during a show. There were all kinds of commments regarding the video, two big issues being why the drum sounded so terrible (most likely the placement of the camera and poor recording quality) and whether a matching member should have a GoPro on during a performance. However as it made the rounds, the sound was edited. My guess is that DCI does not allow audio recording at shows so the volume was removed. Last year at Indy my GoPro was in my camera bag and I could not bring it in though someone a few rows in front of me pulled out a GoPro, another story another thread.

To the question at hand, Allentown is a public facility, the show in Cranston RI is held at a municipal facility, same holds true for the stadium in Lawrence, MA. The no video and recording rule is read throughout the show. While public property does not become private when it is rented, the tenant must be able to grant permission about recording.  My guess is a corps could restrict video and photography, but a sign would have to be posted, but if someone from the corps said stop, the recording would have to stop.

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5 hours ago, mrjaydub said:

"Not if you can see in from a public area" - disagree.  If I was in my backyard, surrounded by a privacy fence, skinny dipping in my pool, I would have a reasonable expectation of privacy.  (Sorry to put that image out there... not a sight anyone should have to see.).  

"Football field with 200 other people" - likely to agree.  Not much privacy that someone could expect.

Not from above.  Police have gotten around that issue in the past and it has beed upheld in court.

Edited by jjeffeory
Autocorrect was wrong
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7 hours ago, BRASSO said:

  No.... one does not have the legal right to video tape another for their personal use only. Whether it is a group or an individual, no one is granted a right to videotape others without their expressed permission. The US Constitution allows a person to deny such taping as a matter of personal privacy protections. It gets even more protective of personal privacy rights when it is minors that are involved in the video taping, and where the minors are being video taped by a non family member and video taped unknowingly and in a private ( practice ) non public performance venue. So in this case, where it is Corps, with some minors involved, at private practice contracted facilities, the Corps  do have a legal right to deny videotaping of these practices if that is their choice. They must post such notices of non taping at central entry points at their practices as their required notice to the public.  I am not a lawyer, but I believe that any lawyer would back me up on this, as well as the why the privacy protection legal principles would prevail here.

Between photo and video release an mechanical rights on the production... I think this sums it up.

In most cases, corps don't mind a little attention and publicity... But if a corps wants to limit their rehearsal in some way, they certainly can.

The real question... Does a corps have the authority to ALLOW people to record?... After all, they are paying a limited license (probably via DCI) themselves.

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