Michael Boo Posted October 2, 2012 Share Posted October 2, 2012 question then. it seems every SEC football game you turn on has the band playing 'O Fortuna" in the stands......how do they get away with it? It's a snippet and not a feature, and the fans aren't buying tickets to see the band in the stands; they're buying tickets to see a football game. Plus, those performances aren't taking place so that they can be put on CDs and DVDs for sale. Quote Link to comment Share on other sites More sharing options...
Toby Posted October 2, 2012 Share Posted October 2, 2012 It's a snippet and not a feature, and the fans aren't buying tickets to see the band in the stands; they're buying tickets to see a football game. Plus, those performances aren't taking place so that they can be put on CDs and DVDs for sale. Fair use usually allows for 4 bars for nothing. Quote Link to comment Share on other sites More sharing options...
MikeN Posted October 2, 2012 Share Posted October 2, 2012 Carmina Burana is masking the point of the question, which is - If a corps chooses to play a show of songs that everyone knows, in advance, are on the "do not touch with a ten foot pole" list and will absolutely keep them off the CD's and/or DVD's... would DCI do (or try to do) anything about it? My guess is no; it's not really their problem - it's an individual corps issue. Mike Quote Link to comment Share on other sites More sharing options...
3rd Glasgow BB Posted October 2, 2012 Author Share Posted October 2, 2012 Carmina Burana is masking the point of the question, which is - If a corps chooses to play a show of songs that everyone knows, in advance, are on the "do not touch with a ten foot pole" list and will absolutely keep them off the CD's and/or DVD's... would DCI do (or try to do) anything about it? My guess is no; it's not really their problem - it's an individual corps issue. Mike Yes, Carmina Burana wasn't a good example. I think DCI would have to at least try and do something, 15 minutes of silence on the DVD and/or 15 minutes less music on the CD wouldn't be a good selling point. If "one day in a galaxy not so far away" two, three or four corps play music on the "do not touch with a barge pole list" then we have nearly an hour of silence... and so on. I'm just curious what DCI would do in that situation. Quote Link to comment Share on other sites More sharing options...
combia1 Posted October 2, 2012 Share Posted October 2, 2012 It's a snippet and not a feature, and the fans aren't buying tickets to see the band in the stands; they're buying tickets to see a football game. Plus, those performances aren't taking place so that they can be put on CDs and DVDs for sale. Or they purchased and are performing one of the existing pep band arrangements. Quote Link to comment Share on other sites More sharing options...
combia1 Posted October 2, 2012 Share Posted October 2, 2012 Carmina Burana is masking the point of the question, which is - If a corps chooses to play a show of songs that everyone knows, in advance, are on the "do not touch with a ten foot pole" list and will absolutely keep them off the CD's and/or DVD's... would DCI do (or try to do) anything about it? My guess is no; it's not really their problem - it's an individual corps issue. Mike I don't know about DCI and BOA, but I do know that WGI will disqualify a unit or not allow them to compete if they use music on the "can't get synch rights for the DVD" list. There are many groups who would argue that the "live" performance is more important being on the recording - especially since they will get no financial benefit from the recordings. But in reality, WGI, BOA, DCI want to make money and sell DVDs and they can create whatever policies and regulations they like. Quote Link to comment Share on other sites More sharing options...
Lincoln Posted October 2, 2012 Share Posted October 2, 2012 I'm just curious what DCI would do in that situation. If a corps went ahead even after being advised and that corps made finals, don't bother having 15 minutes of silence on the DVD. Put the 13th corps on instead. 1 Quote Link to comment Share on other sites More sharing options...
combia1 Posted October 2, 2012 Share Posted October 2, 2012 Is anyone here familiar with the artist Girl Talk? He uses samples of pop tunes to create new tunes and NEVER even tries to get permission. And he has NEVER been sued. He argues Fair Use all the time. And there are a lot of people in legal circles who believe the record companies have not gone after him because they think he has a strong case and are afraid that if they LOST a lawsuit, then it would open the floodgates and dramatically alter copyright law as it pertains to music and Fair Use. Quote Link to comment Share on other sites More sharing options...
glory Posted October 3, 2012 Share Posted October 3, 2012 ... He argues Fair Use all the time. And there are a lot of people in legal circles who believe the record companies have not gone after him because they think he has a strong case and are afraid that if they LOST a lawsuit, then it would open the floodgates and dramatically alter copyright law as it pertains to music and Fair Use. It's an interesting point. I don't know what his motives are. I imagine DCI has more than one consideration to balance as Fair Use work both against and for drum corps. While we might lament the hassle of licensing, DCI surely has an interest in defending its own property against uses that aren't fair. It seems obvious to us that a quote from Charlie Brown is fair use. Yet DCI surely doesn't want to be in a position where clips of its productions are so easy to procure that no one buys the Fan Network or DVDs. I don't know where that line is drawn. What seems patently unfair is an organization so economically challenged, so distant from the action licensing was meant to address, to be disadvantaged by something as mainstream ordinary as a few seconds of Charlie Brown. HH - Good Grief! Quote Link to comment Share on other sites More sharing options...
jplattSCV Posted October 3, 2012 Share Posted October 3, 2012 We know that sync rights for Carmina Burana will not be granted. Let's say "Corps A" decide they want to do Carmina Burana next season. They want to use it for everything... the whole 12 minutes + the pre-show. Is there anything DCI can do to stop this because it would create a show length hole in the end of season DVD? I hear of this block on Carmina a lot on this forum. I am out of the music industry so forgive my ignorance with the following question. I could google this I suposed, but this is more fun... Is this block new? I was in Shy Ryders in 1989 and Carmina was 80% of our show. And we were not the only corps that performed it that year. Limited Edition, as I recall, was one of the others. So, has this copyright issue come about some time after 1990? What's the story? And can I blame Obama? (just kidding) Or can I blame Hoppy? (kidding slightly less) Quote Link to comment Share on other sites More sharing options...
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