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Madison's Full Show on Fan Network!


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Has anyone tried tweeting Alicia Keys and Jay-Z directly?

Tweeting them right now. hopefully something good will come of this

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This sort of thing never used to be a problem as far as I can remember. Why is it such a big deal now?

I'm guessing that it's due to changing/expanding copyright laws and a growing emphasis on intellectual property (brought on by the widespread availability of electronic/digital media, whereby artists and copyright holders run a much greater risk than they once did of losing distribution and/or financial control over their copyrighted works). I also think that, with the music industry facing so many economic challenges, they're going after every dollar they can get. Hence, a growing insistence on complete (or, as complete as possible) licensing control over their copyrighted material.

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Wait, is this true? Sync rights don't have anything to do with the CD?

Oh, thank God. Please tell me that's true.

Going by Chris's July 2 reply in the Madison thread, it seems that synch rights have to do with synching the audio with replayable visual media:

Posted 02 July 2011 - 09:35 AM (#1190) ckomnick

At this point in time, the synchronization rights to "Empire State of Mind" have not been secured. The Madison Scouts have secured the ability to arrange and perform the piece, but the sale of synchronized video content has not yet been granted and DCI has appropriately decided to mute the replay content on the Fan Network to avoid any possible infringement at this time. This does not affect the broadcasts of live performances, only the replay of them.

We have been furiously trying to resolve this issue for over 7 months. Due to the popularity of the piece and the numerous artists involved in its creation, it has proven to be vary challenging. Let's just say that drum corps licensing is not a high priority for the agencies involved with a pop tune like ESOM.

We are continuing to aggressively secure a license and we appreciate your patience as we work through these matters.

Chris Komnick

Executive Director

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This sort of thing never used to be a problem as far as I can remember. Why is it such a big deal now?

For starters, drum corps are taking licensing more seriously than they did in the past. Part of DCI and their member corps improving how they operate is making sure all of their "ducks are in a row", something some corps did not worry or care about in previous years. All it takes is one RIAA lawsuit for millions of dollars and even a corps like Madison could find themselves shut down indefinitely because of the costs.

To further complicate matters, technology has advanced significantly when it comes to audio and video. Think of how synchronization rights would not have been a question before the advent of MTV. On top of that, with services like Napster and YouTube, it's harder and harder for composers and performers to control how their works are used, much less get paid for said use. As a result, they and the record labels have become much more conservative, if not a little paranoid, when it comes to granting permission for how their work is used. That's why Madison can get permission to arrange and perform ESOM, plus release an audio recording of their performance, but hit a wall when it comes to releasing a video of that same performance because the licensing is different.

A case in point actually happened on my YouTube account. I had uploaded my wife's high school orchestra performing a Mozart piece with the high school choir. I received a warning that the piece performed may be in violation of copyright and, should the music publisher holding the rights to that particular arrangement choose, my video could be taken down as a result. This is why DCI warns us about recording shows: enough music rights holders see videos of corps performing their work on YouTube, things could get very nasty for DCI and the corps. This is also a factor as to why DCP doesn't allow posting of YouTube clips or links to clips in the discussion forums.

Corps now have a difficult decision in front of them each year when they are choosing musical selections: Is the music so integral to the show that it's worth taking the risk of not being able to put it on the CDs or DVDs, especially if an entire show's design may hinge on that piece of music being in the show? Remember, in Madison's case we're talking about people like Robert W. Smith and James Mason, both of whom have been in the drum corps activity and in the music business for a long time. They know the risks that come from choosing a song like ESOM for the show. They decided bringing fans to their feet every night, if not to tears, and creating those memories was worth the possibility of having silence on the DVDs for the closer of the show. We can debate their decision until the cows come home, but, in the end, it was their decision to make, just as it is our decision whether or not to purchase the DVDs/Blu-Rays based on this fact.

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I had uploaded my wife's high school orchestra performing a Mozart piece with the high school choir. I received a warning that the piece performed may be in violation of copyright and, should the music publisher holding the rights to that particular arrangement choose, my video could be taken down as a result.

If you run in trouble, try tweeting Wolfgang to see if he'll put in a good word for you with his publishers.

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A case in point actually happened on my YouTube account. I had uploaded my wife's high school orchestra performing a Mozart piece with the high school choir. I received a warning that the piece performed may be in violation of copyright and, should the music publisher holding the rights to that particular arrangement choose, my video could be taken down as a result.

Tell youtube to shove it, Mozart is public domain.

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Tell youtube to shove it, Mozart is public domain.

Mozart's music may be, but that particular arrangement may not be. If the arrangement itself was copyrighted by the publisher when it was first printed (and I assume that it would be), then from what I understand, the publisher owns the copyright to that arrangement for 70 years after publication. If 70 years go by and they don't reprint it, then it goes into the public domain. But if they do reprint it, then that adds another 70 years on to their copyright ownership of that published arrangement.

Someone who knows more about this than I do, please feel free to chime in!

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