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Then we are only talking about someone of similar voice recording a few seconds of the same words. Problem solved.

:doh:

too logical man

:tongue:

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So let me get this straight. DCI's lifeblood is playing music and the corps are always looking for new music or ways to present that music. But some here think that DCI and the corps should follow a course that might upset the people who control permission to play that music. And "upset" to the point of legal action being taken?

Uhh........ being fair is one thing but cliche "cutting off your nose to spite your face" comes to mind....

(saying this for humor only...kinda)

well is is DCI

:tongue:

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These links seem to show that WGI takes licensing seriously. They have to have rights in place in order to perform. However, I didn't notice sync rights specifically mentioned. (But I might have missed it)

<off-topic>

I did notice the link to their fan network site:

http://wgi.thefannet....org/index.cfm?

Which has their 2012 Championships Highlights in the grid at the bottom. Awesome stuff.

</off-topic>

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ashevillemurphy, on 07 November 2012 - 10:01 AM, said:

A response from DCI:

All that goes to say that we work to secure the rights to every piece performed by the corps right up until the last moment when production deadlines require decisions to be made in order to make our mid-November delivery goals. In some instances we have received denials, many times we receive zero response at all, and only once in my ten years of being responsible for these productions has a license been granted, but then not used because of its royalty rate- in that particular case the corps was aware of the issue before the season, but chose to perform the title regardless.

Ric Oberlin

Operations Director

Drum Corps International

Marching Music's Major League™

The bolded, larger portion is, IMO, the root of the problem: a corps is aware of the issue before the season but chose to perform the title anyway. I've heard similar things with other corps in the last few seasons with edited shows: 'we knew it would be a problem.' Corps are hurting DCI, and by extension themselves, by not caring about this stuff. If the competitive drive trumps archival completeness licensing issues will continue to be a problem, and will likely continue to worsen.

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I'm talking about a few seconds of audio (only audio!) from a Charlie Brown video. No one will be suing DCI over a clip like that because: 1) they'll never notice; 2) they probably won't care; and 3) they'll recognize that their chances of prevailing in court against some poor marching band thing aren't worth the trouble.

That is naive thinking, and might turn out uneventful as you stipulate, but also might backfire horribly. I teach in Southern CA, and fairly recently Disney sued a band program for photocopying their music to hand out to students. This was, if I remember correctly, a middle school band program: low profile, photocopying music for kids that they had already purchased (to not give out the originals that could be lost), doing absolutely nothing ethically wrong except violate copyright laws. They had to pay a fine. I would imagine if DCI were to get in hot water over this, that fine would be more substantial since they are making money off of the CDs, DVDs, and Blu-rays. Also, as has been stated previously, DCI could damage their relationship with rights holders which would have FAR greater impact than a potential court case.

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I think you hit the nail on the head.

What is more important? The artistic endeavor? The "perfect show design"? History? Competition? Archives?

Then we could get into whether or not we should be encouraging people to GO TO SHOWS to ensure they get to see the most complete product :rolleyes::doh:

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YOu seem to underestimate just what people will or won't sue for my friend. I'm sure Music In Motion Inc or whatever the G7 is going to call themselves will realize it too.

See you think DCI is too under the radar. But all it takes is for someone somehow to find out and boom.

No kidding. In this day and age of video and audio very easily going viral, I think it's extremely naive to assume that DCI could go unnoticed by rights holders, or anyone. Heck, in 2011 the drummer for Motley Crue was posting video hyping the Cavaliers tenor solo.

Not to mention we have people who work in the entertainment industry who also volunteer, design, and teach in DCI. How prudent would it be for an ASCAP member to sit back and let corps violate copyright violations?!

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See you think DCI is too under the radar. But all it takes is for someone somehow to find out and boom. DCI's not set up to cover that kind of lawsuit. the money in DCI is set up to cover costs and funnel everything else back to the corps. You #### off a copyright holder, and they sue...dude, DCI could be in deep #### financially.

I just searched for "Empire State of Mind 2011" on YouTube, and got the following results (abridged for simplicity):

A Jay-Z Video

Madison Scouts Victory Concert

X-Factor Group Singing (x3)

A singer from overseas singing it

Another Madison Scouts video

Compilation of Eli Manning's greatest plays set to the song

... and lots more

On the front page of results there are 30+ videos of Madison Scouts.

The point is that someone could innocuously be searching for something about the song and come across the Madison video in the top 2 of the list. That's pretty darn hard to hide.

Suppose one of the marketing managers for Jay-Z/AK came across it... or someone from the record label? I think it would be WAY easy for someone to get the pants sued off them.

Edited by Lead
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The bolded, larger portion is, IMO, the root of the problem: a corps is aware of the issue before the season but chose to perform the title anyway. I've heard similar things with other corps in the last few seasons with edited shows: 'we knew it would be a problem.' Corps are hurting DCI, and by extension themselves, by not caring about this stuff. If the competitive drive trumps archival completeness licensing issues will continue to be a problem, and will likely continue to worsen.

And worsen quickly. When discussing this topic during last season (2012), people on DCP said that blacking out portions of shows isn't that big of a deal - happens a fair amount in WGI. Seems to have worsened in a dramatic fashion in a few short months.

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