jjeffeory Posted January 15, 2015 Share Posted January 15, 2015 I completely think you're right on point here, unfortunately. But, this particular publisher doesn't necessarily control all of that. I think you've seen the removal of items that are in that publisher's repository specifically because of the case. All I can say is that it's sad. We'll just have to wait and see. In the mean time, I will seriously have to rethink FN in the future. I usually get the most expensive option, but now I may opt for something less. Not DCI's fault, but not my fault either. Quote Link to comment Share on other sites More sharing options...
N.E. Brigand Posted January 15, 2015 Share Posted January 15, 2015 I have to say I am impressed by the way they managed to present this in a positive light. I don't think there has been such skilled PR since this announcement from April 15, 1865: Dear American: We are writing today to make you aware of several issues which may cause occasional interruptions in the governance of our country. Last night, citizens like you were treated to an outstanding performance of the critically acclaimed play Our American Cousin. Due to an unexpected interruption in service, it may be necessary in the coming days to suspend some originally planned performances. Additionally, we are currently reviewing various incidents which may have resulted in a temporary reduction in the number of acting presidents, as well as the abrupt disappearance of a popular actor. Please be assured that we are working to locate this individual and bring him back to the actor’s guild and/or to justice, not necessarily in that order. We sincerely apologize for any inconvenience this may have caused. This amuses me particularly because last year I attended a panel discussion in which some representatives of Ford's Theater, which is still in operation, talked about the contingency plans they had to make when the government, who is their landlord, was shut down, just as the theatre was about to open a show. Quote Link to comment Share on other sites More sharing options...
Lincoln Posted January 15, 2015 Share Posted January 15, 2015 It would be interesting to see WGI, DCI, BOA "band" together on this, sharing costs and all, but you're taking for granted that DCI has secured ALL of their content's copyrights. You start digging through all the discovery and you're likely to find some missing. One or two things missing will taint the entire case. Maybe this is one of those things that brings the above three groups into some sort of a formal partnership? Quote Link to comment Share on other sites More sharing options...
Peel Paint Posted January 15, 2015 Share Posted January 15, 2015 A few days after this thread was started in December, it was reported that Global Music Rights had demanded that Youtube remove 20,000 videos or be faced with a one billion dollar lawsuit. However, the focus there seems to be pop music, which appears not to be the target of the Fan Network's troubles. (Here's an interesting article from October about Global Music Rights and how it's not bound by the same regulations that govern ASCAP and BMI.) So rather than being connected, the two events may simply be part of a larger trend. Global Music Rights just hasn't catalogued and demand the removal of the other material on YouTube yet (including drum corps, classical, church choir, etc.). They will at least for material they feel is in their purview. But where small organizations like WGI, DCI, Our Lady of the Evening Church etc. can't turn around and fight back legally to, well, bullying behavior, Google which owns YouTube just might take 'em on. Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted January 15, 2015 Share Posted January 15, 2015 WGI or DCI or BOA etc etc will ever have enough to fight..JMO...so whats the alternative? combined, no. but public awareness of the issue, and massive campaigns to spread the word can cause backlash. I'd think they need to hook up with NEA, and see if there's some artists willing to sign on too Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted January 15, 2015 Share Posted January 15, 2015 You have this backwards. I'm not talking about DCI, WGI, or BOA -- which I am in full support of. I'm talking about the plaintiff here that is pursuing this issue for nothing more than the $$$$$ and causing this mess. THEY are the ones who formed together their merger of publishers in order to "streamline" and "make it easier" for band directors and consumers of music. They act like they're this savant to all things music education. Yeah, I'm slightly miffed, especially since I pay for the full Blu-Ray+Fan Network option which is fairly expensive. Now my options are dwindling on a product I paid for (not DCI's fault, I realize). can we just get a name? I have a hunch Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted January 15, 2015 Share Posted January 15, 2015 Thanks for this Jeff. Although I will make an addendum that this "publisher" is a new entity who has crafted their own rules for materials they merely inherited in a merger (ok fine, they gobbled it all up with their money...). But they are not acknowledging any of the former agreements, nor the payments already made for content previously. I'd love to see WGI, DCI, et al. fight this as best as they can. I realize it may make things difficult for awhile for the consumer, but in the end, we'll all lose if this doesn't come to a head. We all may lose anyway, so they might as well try, right? I don't think you can sue DCI out of existence if enough people come to their aid. Where are the alumni, the fans, the band directors, the students and parents? I'd join a group of supporters for this cause. Yeah, there are risks, obviously. But the litigious society we live in has proven time and time again that even the little guy can overcome. It's not always about the big corporations. A guy sued Microsoft and won an $11.6 million judgment earlier this year. Sure, he ended up with just $900,000 of that, but his tiny legal team defeated Microsoft's billions, just because a reasonable judge and jury came to the table. i'm not opposed to your suggestion. a grass roots campaign would be great, but they have to tread carefully. but...yes, DCI could be sued out of existence. I've been told that a few times. This company apparently does not #### around Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted January 15, 2015 Share Posted January 15, 2015 Global Music Rights just hasn't catalogued and demand the removal of the other material on YouTube yet (including drum corps, classical, church choir, etc.). They will at least for material they feel is in their purview. But where small organizations like WGI, DCI, Our Lady of the Evening Church etc. can't turn around and fight back legally to, well, bullying behavior, Google which owns YouTube just might take 'em on. never underestimate the power a large company can have, the Microsoft case not withstanding. I sat in the courtroom watching when Five Star Brass sued Hershey Entertainment for pulling the plug on the Hershey show in 2005. Five Star had operated as the agreements had always been with Hershey, and Hershey changed their tune at the last minute and decided to conduct business in a totally different way and yanked the date. The judge couldnt fawn over Hersheys lawyers enough. Remember, many judges are elected, and have "donors". Given the rules changes on who can donate and how much in recent years.... Quote Link to comment Share on other sites More sharing options...
Pete Freedman Posted January 15, 2015 Share Posted January 15, 2015 (edited) It would be interesting to see WGI, DCI, BOA "band" together on this, sharing costs and all, but you're taking for granted that DCI has secured ALL of their content's copyrights. You start digging through all the discovery and you're likely to find some missing. One or two things missing will taint the entire case. This is the post of the thread. Imagine if even two years ago DCI, BOA, USBands, WGI, etc. had settled on FN as their joint synch/mechanical rights service, with all groups pooling the clearance resources they use now into a collective effort under the Fan Network brand. It would presumably do a much better job at this than each group would separately. But also, as you suggest, any legal conflicts could be addressed collectively as well. Actually, it might be efficient enough to open it up to individual units (bands, corps, guards, etc.) to get their play/arrange/perform rights through it as well, although I think those are pretty much off-the-menu, so there's not much money to be saved. But still it might save units some headaches. Maybe things will go that way. Edited January 15, 2015 by Pete Freedman Quote Link to comment Share on other sites More sharing options...
GUARDLING Posted January 15, 2015 Share Posted January 15, 2015 (edited) combined, no. but public awareness of the issue, and massive campaigns to spread the word can cause backlash. I'd think they need to hook up with NEA, and see if there's some artists willing to sign on too i get both sides of this I guess. Its a royal pain when designing a show for sure BUT I also look at the fact that whoever stops distribution because of wanting a share of the pie or decides they don't want the pie shared is kinda also what DCI/WGI does , isn't it? WGI and DCI are SELLING the product, not giving it away, Guards and corps often ( DCI /WGI events) do not have control over their own product either. Well, anyway, it's an evil we have had to deal with for a while now and Im sure is not going to get any easier. Edited January 15, 2015 by GUARDLING Quote Link to comment Share on other sites More sharing options...
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