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Makes sense to me. Good example, too.

Yeah, but here is a kick in the gut for ya concerning a loop hole. If an artist really wanted to add vulgar curse words to a child's song (such as creating a Rap), the artist would just have to claim it was commentary on inner city culture and more than likely that would be considered by many judges as a "Parody" (and artists do not need to gain permission to create parodies).

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I completely agree with this. It's easy to let a crowd favorite performing group a free pass and blame the fat-cat millionaire labels, managers and artists. But I think if we're going to point the finger and play the blame game, equal blame goes to Madison Scouts for going through with a piece they reasonably knew they might not get proper rights for (same goes for Kiwanis Kavaliers' Beatles show from awhile back, and Phantom & Troopers recent shows).

I don't recall seeing anything during the season-long discussion on this that Madison had doubts that they would be able to secure rights for this. I would have thought that the sync rights would have been the easiest to obtain-after all, you're not changing anything in the music at that point, that would have already been covered by whatever rights pertain to the arranging and playing. They got the rights to perform it live, and anyone who was able to witness it live saw a moving and emotional show.

As for the issue of rescinding rights after they have been granted, I can't even fathom how that's legally possible. Think of a car dealer...you buy and pay for the car, and then after you've had it for six months they decide to come and take it back because they don't like the way you parked it at Best Buy last week?

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If a corps does not have the rights to all the music they are going to use in their production before they begin their season, they should just not use it. Period.

Yeah! I mean, the show would've been way less effective, emotional, and crowd pleasing.... But at least we could watch it on a DVD! Hot dang!

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Yeah! I mean, the show would've been way less effective, emotional, and crowd pleasing.... But at least we could watch it on a DVD! Hot dang!

Yeah, of course, there were NO OTHER pieces of music that could have been just as effective, emotional and crowd pleasing, they could have gotten the rights to. How myopic can you get. I don't buy the DVDs by the way. It's an issue of ethics, which seems to be missing from much of this conversation.

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I thought we were all upset that the visual was dominating DCI. Here's an opportunity to listen to MELODY - 100% free of visual considerations!

:tongue::thumbup:

On a more serious note, what does it say about the Madison Scouts that rather than leaving the visual intact and removing the audio like other corps who have faced these issues, they opted for the reverse!

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If a corps does not have the rights to all the music they are going to use in their production before they begin their season, they should just not use it. Period.

Aren't we beating the wrong dog??

Scouts got permission to use this song in a live performance. Who is the entity trying to use their show in a replay situation - DCI. Why does the Scouts have to worry about a DCI issue.

I think the Scouts owe no one anything.

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Aren't we beating the wrong dog??

Scouts got permission to use this song in a live performance. Who is the entity trying to use their show in a replay situation - DCI. Why does the Scouts have to worry about a DCI issue.

I think the Scouts owe no one anything.

Sometimes copy/paste is needed from one thread to another thread so here we go: Individual corps are responsible to "secure" arranging permissions, and DCI is responsible to "secure" all other permissions; that is technically true. But, who is DCI? An independent body separate from the member corps? Nope. DCI is a collective; a body compiled and governed by the corps for the corps. So, each corps does have a responsibility and duty to help "research" their choices to make sure the probability of all permissions will be granted. To turn that "research" over to just one or two administrative people in the DCI office is just flat laziness on the part of the corps, and it is also a culprit in slowing down the process of securing all of those permissions.

Edited by Stu
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Yeah, of course, there were NO OTHER pieces of music that could have been just as effective, emotional and crowd pleasing, they could have gotten the rights to. How myopic can you get. I don't buy the DVDs by the way. It's an issue of ethics, which seems to be missing from much of this conversation.

How is this an ethical issue? Seriously, I would like to know your opinion.

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To quote Chris:

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

DCI and the Scouts knew they needed these rights in order raise continued capital from the use of ESOM. Every DVD preordered to date will not have this music because of the possible replay infringement. So, DCI is selling an imcomplete product and knew of the possibility of do so. This is why it is an ethical issue. Why would I buy a DVD of the top 12 without the complete top 12? It is either laziness or overconfidence that has led to the issue the DCI and the Scouts are now faced with. It decreased the quality of the overall product, and quality is EVERYTHING in visual/musical performances. You may think it a minor infraction, but I'm not buying or listening to their show because of it and I suspect neither will a lot of people. It is an issue of professionalism on the part of all involved.

Edited by Corbin
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