glory Posted November 2, 2012 Share Posted November 2, 2012 (edited) And how deep does DCIs pockets need to be to go to court to prove that they are in the right? The costs to do this or defend against a suit (even successfully) could bankrupt. I'm only a lawyer on DCP, but here's my answer: Not deep at all; in fact, it won't cost a penny. I would argue that DCI doesn't need to secure any rights for audio clips that were used from iconic material like Charlie Brown's Christmas (or similar clips from classic movies). The only risk would be if the license owner first discovers the video and then decides to bring a case in the belief the use wasn't fair. That seems a risk that's rather remote given the pervasive presence of this same material on YouTube. The burden of proof would be on the license-holder to show DCI handled the clips unfairly. I'm thinking they'd have to be counting on a whole lot of grinches in the jury box to prevail. DCI has nothing to worry about except for ticket sales, recruiting, donations, venues, housing, insurance, weather, gas prices, safety, contagion and DCP. Mostly DCP. HH Edited November 2, 2012 by glory 2 Quote Link to comment Share on other sites More sharing options...
3rd Glasgow BB Posted November 2, 2012 Share Posted November 2, 2012 Well, isn't this fun. The Fan Network is now missing shows from the following: Blue Devils Cadets Cavaliers Jersey Surf Crossmen Spirit of Atlanta. Further, Surf's Semifinals show fades to black at the beginning of Party Rock, with the all-to-familiar "Video is not available due to music licensing considerations" message. This really sucks. Yes it does!!! It also sucks that nobody seems to be either able or willing to find a solution. 1 Quote Link to comment Share on other sites More sharing options...
Dan Balash Posted November 2, 2012 Share Posted November 2, 2012 There's more on volume 2 and volume 3 as well. Jersey Surf: 2 minutes and 7 seconds of video at the end of this performance has been blacked out. The audio of this segment is provided in its entirety. Gold: 2 minutes and 30 seconds of video and audio of unlicensed material has been removed. Gold: 15 seconds of video and audio of unlicensed, pre-recorded material has been removed Music City: 4 short instances of video and audio of unlicensed, pre-recoded material has been removed. Revolution: In adherence to copyright and music licensing procedures, the performance of Revolution does not appear on this compilation. Quote Link to comment Share on other sites More sharing options...
Kamarag Posted November 2, 2012 Share Posted November 2, 2012 That’s an offensive red herring and shows a lack of understanding about electronics and drum corps….almost like some of the world class top designers I think the corps and the designers that messed up should take a hit, pro-rate their cut of the sales to the missing content.. The problem with what you are saying is that the corps designers do not (heck, they cannot) consider the DVD or Fan Network when designing. If it all works out, great, but their primary focus is and MUST be the competitive field product. Period. Sync and streaming rights are not, and never have been, the responsibility of the corps. Heck, the majority of the time you can't even secure those rights until the product is finished (which is why these things crop up in the off season). The DVDs, BluRays, and Fan Network are such a small part of DCI's revenue (and likely the fastest shrinking segment of that revenue over the years), there's no way DCI could "ram through" a rule that would have such an enormous impact on show design, with the corps getting little in return. What DCI should do is figure out how to better communicate what DCI and the drum corps activity is, approaching the problem in a positive way...attempt to build a partnership with publishers and sync/stream rights holders. 2 Quote Link to comment Share on other sites More sharing options...
Lincoln Posted November 2, 2012 Share Posted November 2, 2012 (edited) If it all works out, great, but their primary focus is and MUST be the competitive field product. Period. Sync and streaming rights are not, and never have been, the responsibility of the corps. ########. One more time..... ########. Edited November 3, 2012 by Dave filter circumvention - ds 1 Quote Link to comment Share on other sites More sharing options...
ashevillemurphy Posted November 2, 2012 Share Posted November 2, 2012 BD says something about not being available in the ONLINE format? That's what the message reads when you start to watch the VOD .... there is the announcement .... and then it goes silent ... and then when the hornline blasts the first note the sound returns ... I did not watch the whole show ... so there may be more ... Quote Link to comment Share on other sites More sharing options...
JimF-LowBari Posted November 2, 2012 Share Posted November 2, 2012 (edited) I'm only a lawyer on DCP, but here's my answer: Not deep at all; in fact, it won't cost a penny. I would argue that DCI doesn't need to secure any rights for audio clips that were used from iconic material like Charlie Brown's Christmas (or similar clips from classic movies). The only risk would be if the license owner first discovers the video and then decides to bring a case in the belief the use wasn't fair. That seems a risk that's rather remote given the pervasive presence of this same material on YouTube. The burden of proof would be on the license-holder to show DCI handled the clips unfairly. I'm thinking they'd have to be counting on a whole lot of grinches in the jury box to prevail. DCI has nothing to worry about except for ticket sales, recruiting, donations, venues, housing, insurance, weather, gas prices, safety, contagion and DCP. Mostly DCP. HH What you don't seem to realize is it would still cost DCI money to defend against this suit. The second you bring this to the lawyers and they start work the meter is running. Even if the suit is thrown out in a heartbeat there is still all the lawyerly prep work to pay for. And DCI cannot try to recoupe their losses unless they can prove the suit was malicious in nature which would not be likely. Know two business owners who were caught up in a sting operation the state ran against 8 or so other (like) businesses. Long story but the states case was non-existant against these two but the state continued with the suit. Everytime one of the owners made a motion they all had to show up, even if only one had the motion (usually). Finally the lawyers of the two told them "Look, you'll be found innocent when we go to trial BUT.... you'll also be broke before we get to trial". Ended up pleading no contest with a probation period and no more paying the lawyers and court costs. have that in mind whenever someone talks about "no problems if you're innocent". Edited November 2, 2012 by JimF-LowBari 1 Quote Link to comment Share on other sites More sharing options...
gak27 Posted November 2, 2012 Share Posted November 2, 2012 Also on the page where one can buy the DVD ... there is verbage that seems to indicate that the DVD will only have high camera angle ... there is no mention of multi angle shots... the 2010 DVD page mentions both High and Directorts' cut angles ... On this page: BluRay-DVD Specs It says that Volume 1 of both the BluRay and DVDs will have high-camera and multi-camera presentations... Quote Link to comment Share on other sites More sharing options...
ashevillemurphy Posted November 2, 2012 Share Posted November 2, 2012 So here's a show concept ... use content for the whole show that DCI will not pay the sync rights to produce on disc ... then we would all see the visual but only hear the announcement, and the applause when they aren't playing ... now there is a concept. Quote Link to comment Share on other sites More sharing options...
ashevillemurphy Posted November 2, 2012 Share Posted November 2, 2012 On this page: BluRay-DVD Specs It says that Volume 1 of both the BluRay and DVDs will have high-camera and multi-camera presentations... The question is when was the page you reference put up .... the changes to the actual description of the DVD on the page where you purchase it has been added recently. My guess is they have either finished the manufacturing process and know what the master of the Championship Final contains ... I know some folks (me included) would/will be ###### if the disc only has the high view. Quote Link to comment Share on other sites More sharing options...
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