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Over-the-Top DCI YOUTUBE Copyright Slap-Down


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It's not that hard for one person on Admin to do a You Tube search, and easily find videos they would not like to be on YouTube.. I mean, it's pretty easy for us to find them and share on here...

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In 2007 I shot a jerky, hand-held, 1-minute video clip, zoomed-in, of my stepson marching in Madison Scouts at the Lisle, IL show. That clip has been on YOUTUBE since 2007. About 60 views after all these years. Today, YOUTUBE sent me a NAUGHTYGRAM informing me that my video was removed at the request of DCI for copyright violation, and basically putting me on notice. Wow. Really?

DCI: I hate what you have become.

Do they have copyright to names of shows. Just wondering.

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Just wondering, does anyone know of anybody that has ACTUALLY been sued by DCI over this issue?

What I'm getting at is DCI has a shoestring budget as it is-they hardly have the funds to lawyer up and sue every person that posts a Youtube clip. They are a paper tiger. Unless I'm wrong and somebody has been or knows someone that has been in court on account of a clip from a show. Thoughts?

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What do you think would've happened to DCI and possibly Madison if they'd refused to kill the audio track for "NY State of Mind" after getting a C&D order?

On the other side of that...Surf had to have the VISUAL side of "Party Rock Anthem" removed (probably because of things like the robot character, which is direct from the original video).

Look, we as fans can #####, ####, moan, etc all we effing want....but what WE want is not relevant....it's the LAW that rules here.

Every time this comes up, I see Whitedawn putting on his attorney hat (he IS one, for those who don't know), say the same things he's said before....and then see people ignore something coming from an attorney. It happened to Lee Rudnicki as well (ALSO an attorney...entertainment law, specifically).

I hate to say it, but learn to deal with life's little disappointments...also, if you have a concern, offer the video file privately to people...gets around the YT issue.

I don't have a concern at all, Sam. I rarely go looking for videos on Youtube. I was asking if anyone knew of an instance in drum corps or marching band where a composer or an arranger sued an organization for this. So far I've received two examples. One I believe happened, and one I absolutely do not.

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As some have said above...

If you are upset with DCI on this issue, your anger is misplaced. DCI is simply doing their darnedest to comply with US Copyright law. It's not a "DCI protecting video sales" thing... in fact, DCI has very clearly moved into the DRM circle with the Fan Network... which honestly is the wave of the future (present) anyways. Anyways... it has little or nothing to do with that.

As a band director, it was explained to us by our state music association that there are now law offices 'hunting' the marching music activity for copyright infringement. I've been through this issue many times on this site in the past. For example, just because a corps secures the right to create an arrangement of any piece, that copyright does not give them permission to record the audio... this is a different copyright license 'someone' has to procure. And EVEN THAT doesn't give the corps permission to make an audio AND video recording... they need a DIFFERENT license for that.

Notice that very few corps are putting out a 'yearly' CD anymore? Because of all of the bull-mularkey involved with the litigious nature of our society. If a corps wants to do that, they must have permission from every single copyright owner of every single tune on the CD.

Since YouTube is a video site (video synchronization is the most difficult copyright license to procure), DCI is most assuredly protecting the ##### of not only themselves as the parent organization, but of each individual corps as well.

TL;DR - don't hate DCI. The entire thing literally could get shut down by a lawyer going sideways on this one.

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Exactly this. Anyone who is disagreeing with you has no idea what they are talking about.

We all love watching "bootlegs" on YouTube. We just need to realize that those clips fall into a legal grey area, and DCI is always going to (rightly) err on the side of caution. Exactly what I would tell DCI to do if they were my client.

There is no way DCI would be held liable for a fan putting up a youtube video. This is about DCI's wrongheaded idea that somehow these videos are taking away from fan network and DVD sales.

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DCI trying to base their business model off of protecting and selling CDs and DVDs (and streaming videos) is like the record companies trying to base their business model off of selling records. It's been 10 years since that model failed.

Those who are managing DCI (as well as the drum corps themselves) have a fatal lack of management / marketing knowledge, and it is KILLING the sport.

Drum Corps should be DRAWING PEOPLE IN to the sport by sharing as much as they can via social media, youtube, etc...instead they are SHUTTING PEOPLE OUT by making it an exclusive "niche" club that you can only attend if you pay. I know many people (on other threads) have talked about the sport dying and the crowds dwindling because of all kinds of factors, but THIS IS THE #1 FACTOR WHY DCI IS SLOWING DYING.

Ask yourself: how do all of the famous bands make money these days? After all...the record companies already went through Napster and had their business model destroyed. They had to rebuild. So they figured out how to survive. The Answer? Promote through social media, and then fill seats at local events. Send band on 150 city road tour and make their money. You can't bootleg being at a live performance and being there personally.

So sad.

A-freakin-men!

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:tugowar:

It's about copyright. It's not about DVD sales.

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Everyone who is asserting as fact that DCI will never be held liable should be happy to enter into an agreement with DCI to indemnify them for any liability. Since it isn't possible in your view, you are risking nothing. I'm sure dci will be glad to throw a little money your way for doing so, then they can forget about all their silly concerns and responsibilities and we can all watch we want without paying anything. Everybody wins. Who needs a pen?

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The answer is "yes" to your question in similar performance arenas; there are cases (as example) of high school bands being sued almost into extinction because YouTube snippets (parents may have made) are out there without proper approval. There ARE larger legal issues here; as example dealing with such organizations as ASCAP. This is not DCI, DCA, or the fault of the guy "livin' down by the river". It's a litigation nuts world, and as trivial as something may appear in any station of life or occurrence, #### DOES really happen.

Do you have anything to back that up? I can see no legal grounds for suing an organization because one if their supporters posted a youtube video. If a lawsuit like that was filed, I'm sure it would get some press. With all due respect, this sounds like an urban myth to me.

Edited by jasgre2000
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