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A question about sync rights


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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)

It's fairly new, ties in with the explosion of social media & online file sharing etc.

I found this topic on it from 2008... The do not play list

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Or they purchased and are performing one of the existing pep band arrangements.

Yes...that's possible. There may have been a published arrangement in their library from back in the days of "2001: A Space Odyssey."

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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)

Within the past handful of years.

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1. Obviously nobody speaks for DCI but DCI, but I would think if a corps went into planning and willfully presenting a show, knowing all the while that it was off limits for sync, then DCI would probably just make a reference to them in the media documentation, and leave their "space" off of the recording.

2. I was shocked to hear New Palestine High School (Indiana) playing Carmena Burana on the field at an ISSMA contest last weekend. Curious to know how they worked that out, "Re-Mix" or not.

3. I love Girl Talk, and I am an old fuddy duddy. And to make it more interesting, he publishes his mixes under Creative Commons License and either allows free downloads, or tiers of "pay what you like" which then includes a free basic MP3 tier.

Edited by mingusmonk
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Its only recently that copyright law has been enforced.

The corps is not responsible for sync rights. DCI is. Considering the fact that DCI's priority is the field show, and not CD/DVD sales, I don't know that they would even want to try to stop a group from programming a certain piece.

I thought that synch rights only arose with the advent of DVDs, and weren't an issue w/ VHS (though other rights did apply).
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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 possibly more apt the college marching bands might be playing officially licensed arrangements

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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

Actually, it's 100% DCI's problem.

The corps need to get permission to arrange, but the entity that sells the DVD's need to get the sync rights: that entity is DCI. It's an interesting dichotomy, since DCI is made up of the drum corps, but since DCI is a separate entity that sells the ancillary items from corps performances (i.e. the CD's, DVD's, and Blu-rays), then obtaining sync rights is DCI's issue from a legal standpoint.

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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.

-OFF TOPIC (KINDA) SIDE POST-

Girl Talk is freaking AWESOME! I was introduced to him this summer at San Diego Comic-Con, when he DJ'ed an [adult swim] after party. I was at the party (which was really a Dethklok concert on the USS Midway), and then stayed for Girl Talk, not really knowing anything about him. But DANG he blew me away! That is some great stuff!!

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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.

Also, he does indeed sell his music: he has a few of his CD's up on iTunes at least (I don't know if they're CD's with potential infringement or not).

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As far as Carmina Burana is concerned, the Orff estate has granted arranging rights in the past, it's just obnoxiously hard to get them. There is an existing stock arrangement for marching band of O Fortuna that is legal to buy and use, which is why you hear several college bands play it.

There have been examples of bands obtaining arranging rights to Carmina, but the hoops they have to jump through are extensive and expensive.

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