Be Careful

[Noname]

I've got 20 videos on there and I'm trying to be careful what I put on their, but I'm also trying to have the videos be good. I have a lot from past years (because they generally don't look at past years), but I have some from this year, like an encore for example. The only other thing from this year is a really short snippet from a show when the judge threw a dropped drumstick back to a member. I highly doubt that would be cause for complaint, it being 30 seconds long or so. But yeah, it sucks. I know someone who had hundreds of videos, a good amount of subscribers, and without warning his account was suddenly deleted. He was not happy at all.

[Dash Fieldpaint]

That's why I'm not uploading any drum corps footage to my accounts.

A lot of the Fan Network stuff is great, but the corps could still add more with a minimal amount of work. The drumline warm up videos are pretty popular out there. I think if DCI put up simple lot footage they'd have even more subscribers.

[highpitch_83]

I try and follow a few simple rules to avoid the tragedy of having my acct. wiped...

#1. Only take lot /warmup videos and ask a staff member/tech if it's alright with them before I begin. (I've had staff ask that I don't, early season in-particular, because of dirt and what not)

#2. Choose only the best quality segments to upload and at least shoot an email to the Corps in question to see if it's alright (sometimes even uploading them as private vids that they can review and give approval to before making public)

#3. Offer the footage up to the Corps to post themselves w/ a credit in the info section "footage supplied by: _________"

Personally I feel anything shot in a parking lot should be considered public domain as long as it's not being used for monetary gain (sell a compilation on DVD, drive traffic to your own site for ad revenue, etc...) but I'm no expert.

As it was posted earlier, I'm sure a lot of it has to do with HOW the intellectual property is being copyrighted (if at all).

(edited for grammar)

Edited July 9, 2009 by highpitch_83

[Dash Fieldpaint]

Yeah they cut the sound to one of my guard shows I posted from a year ago. We went through the legal steps to use the song so I don't understand why after a year they would cut the sound? It's not even a professional video.....it's mine!

To use a piece a group would have to get a performance license. To distribute a video of the performance the group would need a synchronization license.

I'm assuming that DCI and/or the corps could run into legal issues with the music publishers due to Youtube uploads that don't have a synch license.

[TerriTroop]

Terri,

I know that we have to get copyright clearance in several areas for our guard shows......using the music itself, if we plan to cut or edit it in any way, rights to use it publicly, and also the right to videotape. WGI and local circuits both have pretty strict guidelines in place now about making sure all the bases are covered.

I too would think that after we do ALL of that, "the tube" should at least ASK before they delete things. It's happened to me too.....we have the copyright clearance for videos to be made and distributed of our performance and the music we used, and uploaded videos to use for teaching purposes with our kids. They deleted the sound from videos without any warning or opportunity for me to show them any copyright info before it was done. VERY FRUSTRATING!!

~ginger

This is where the line gets really blurry. I would ask the tubular site to explain their actions and double check stuff with a legal expert in the field. The whole use/synch/distribution thing is hard enough to navigate without getting the tubular legal mumbo jumbo added in the mix!

and hi Ginger! Good to "talk" to you, if only briefly! I'll be volunteering with Troop from Hutchinson to San Antonio, so if you happen to be at a couple of shows with us next week maybe come say hi!

[Michael Boo]

Sigh. No, it's not yours unless you keep it totally to yourself and are using it for personal purposes like studying it for future ideas. Even then the videotaping of it is not always legal in the first place. If the show announces prohibitions of videotaping equipment, then you already crossed a legal line.

The show design is the ensemble's, and the music is held by a music publishing house and/or composer's legal entities and is used with permission by the ensemble. Here's a close analogy: you go to a movie theater and take a video of whatever recent film is playing. You post it on the website-not-to-be-named. You're illegally transmitting copyrighted material that has its own huge set of legal constraints.

Whether or not we think it's right or logical doesn't matter. It's the law.

I think it's time high school curricula included a course every year that addressed these legal issues so people understand it before they wind up on the nasty end of this legal sticky wicket.

Thank you. I could not have said it better.

There are many rules in life that may seem illogical to us. But if they're the law, then we either abide by them or accept the consequences.

(I don't speak for DCI, but this is how I've personally perceived the whole thing that rhymes with BooTube.)

[Malibu]

Terri,

I know that we have to get copyright clearance in several areas for our guard shows......using the music itself, if we plan to cut or edit it in any way, rights to use it publicly, and also the right to videotape. WGI and local circuits both have pretty strict guidelines in place now about making sure all the bases are covered.

I too would think that after we do ALL of that, "the tube" should at least ASK before they delete things. It's happened to me too.....we have the copyright clearance for videos to be made and distributed of our performance and the music we used, and uploaded videos to use for teaching purposes with our kids. They deleted the sound from videos without any warning or opportunity for me to show them any copyright info before it was done. VERY FRUSTRATING!!

~ginger

I hear ya Ginger. We did the necessary clearances so that our show could be sold on a DVD that the local circuit had professionally done. Other wise they would have deleted the sound portion of our guards performance.

As far as "me" video taping, our circuit only allows one video pass per unit to be video taped. I do it for educational purposes only. I posted it so my kids could see it.

Since it's two years old, time for it to come down anyway.

[08ThunderBass5]

I have a question for anyone who might have some sort of answer. Basically, I uploaded some rehearsal videos recently of a corps that was rehearsing in my hometown and the corps found them and had the tube-masters delete them. Well, apparently in the past, I have had other dci videos that I posted on "tubeville" be removed from my account (and the tube) due to claimed "copyright infringement" and so the tubesters told me that since this was my third offense, that by law they had to shut my account down. However, when I sought further information from them I did get a response and what I gathered from their response was, if I could prove that one of these three violations wasn't an infringement then I could have my account re-opened. So, sorry for all of that background info; here's my question;

Can a corps claim a copyright infringement on a video posted of them rehearsing at a public school? I think this is contestable because it is on public property owned by the state. They had no signs or warnings posted telling people not to take video and multiple staff members saw me with a video camera and said nothing. Also do note that I fully understand why it is considered infringement to take video of a DCI performance, but I'm not convinced they can actually claim infringement on just a rehearsal video.

NOW: I am only contesting this so that I can get my account back. If I do manage to get my account back and I actually win this claim, I still won't re-upload these videos of this corps rehearsing simply out of respect for their wishes. If they don't want videos on the "tube for you" than I won't put them on there. I just want my account back!

Does anyone have any further insight on this? I would love any support/further knowledge to help my case and to maybe get my account back.

Thanks!

[TerriTroop]

It doesn't matter where, when or how you got the video of copyrighted material. You are distributed copyrighted material without permission of the holder of the copyright. Please don't confuse "public" school or open rehearsals with any kind of legal free pass. It ain't so.

I have a question for anyone who might have some sort of answer. Basically, I uploaded some rehearsal videos recently of a corps that was rehearsing in my hometown and the corps found them and had the tube-masters delete them. Well, apparently in the past, I have had other dci videos that I posted on "tubeville" be removed from my account (and the tube) due to claimed "copyright infringement" and so the tubesters told me that since this was my third offense, that by law they had to shut my account down. However, when I sought further information from them I did get a response and what I gathered from their response was, if I could prove that one of these three violations wasn't an infringement then I could have my account re-opened. So, sorry for all of that background info; here's my question;

Can a corps claim a copyright infringement on a video posted of them rehearsing at a public school? I think this is contestable because it is on public property owned by the state. They had no signs or warnings posted telling people not to take video and multiple staff members saw me with a video camera and said nothing. Also do note that I fully understand why it is considered infringement to take video of a DCI performance, but I'm not convinced they can actually claim infringement on just a rehearsal video.

NOW: I am only contesting this so that I can get my account back. If I do manage to get my account back and I actually win this claim, I still won't re-upload these videos of this corps rehearsing simply out of respect for their wishes. If they don't want videos on the "tube for you" than I won't put them on there. I just want my account back!

Does anyone have any further insight on this? I would love any support/further knowledge to help my case and to maybe get my account back.

Thanks!

[Peel Paint]

In other words, thunder, legally, you couldn't do what you did without going to the composers and the designers involved (or agencies for them) and getting releases to publicly distribute video and audio copies of their work. "But that would be a ton of paperwork!" Yes, it would, and that's why DCI or an agency employed by them has to work so hard on this stuff now. It isn't just WHERE you were when you recorded it, it's WHAT you were distributing.