Stu Posted April 25, 2016 Share Posted April 25, 2016 (edited) Obviously wrong, and sidestepping again: Even if it were wrong for the government to mandate a right-of-way, my question, again, is this: is it wrong to take advantage of it once one discovers that the law exists? And of course you're completely wrong about right of ways. Not 50 feet from me right now there is a right-of-way between our house and the next house allowing neighbors to get someplace they can in fact easily get to in other ways. They do not have to pay us for the use, nor are they likely to. Your example of the right of way not 50 feet from your house is still in error as it applies to your analogy. That is a situation of 'Eminent' Domain for 'public' access where an access is made for multiple people and is for a general welfare reason. Sort of like providing a path from the end of a dead-end street to a major thoroughfare. As for music, Eminent Domain for public accommodation within the music world actually already exists in two forms: 1) When the term of Copyright ends and the music is turned over to the public, and 2) For the strict use of Educational Exemption or Parody of works still under Copyright. Thus "General Welfare' and 'Eminent Domain' do not apply to a band or corps director desiring to use property currently owned by a publisher at a public performance contest were cash transactions are paid for arranging, cash is paid to a company that records the performances, (and cash payment for placements in the case of DCI). Edited April 25, 2016 by Stu Quote Link to comment Share on other sites More sharing options...
Stu Posted April 25, 2016 Share Posted April 25, 2016 (edited) From the law defining the exception itself: In fact you are confusing different exceptions. You are referring to the face-to-face classroom exception, which is separate from the one I posted earlier and quoted above and which obviously is only about concert performances. And apparently nobody is taking advantage of it for some reason. A concert in the school auditorium which is free of charge to parents and friends also being done for the strict purpose of education, that exemption reason might fly!!!! However, for a band or drum corps who pays an arranger to produce a derivative work of a copyrighted work, pays fees to be a part of a competition, performs that arrangement to a public performance where the audience also buys tickets, where someone records and sells DVD's of the performance, as well as the band receiving medals as well as cash (as in the case of DCI) that exemption has not, will not, should not fly!!! Edited April 25, 2016 by Stu Quote Link to comment Share on other sites More sharing options...
Stu Posted April 25, 2016 Share Posted April 25, 2016 Do we know this? Has this been publically acknowledged anywhere? There was one Open Class corps, now defunct, who hadn't acquired the rights for their music three or four years ago, but beyond that, it seems that almost all corps have obtained arranging and performance rights--or DCI would never have been able to obtain all the mechanical (audio) and synchronization (video) rights they did. Look back at my posting #264. I hinted to the reason and era. I got it first hand during a question/answer session at a music convention from the actual composer who was surprised by the PBS broadcast and informed his publisher. I had asked him, "What are your thoughts on Drum Corps". His first answer was "Money" with a smile, then he proceeded to inform us the info I posted in #264 (though the 'I wonder' part was my injection). I am reluctant to bring his name into this thread without his permission, but suffice it to say it was music performed by a top five corps. Quote Link to comment Share on other sites More sharing options...
Stu Posted April 25, 2016 Share Posted April 25, 2016 I recall Jeff Ream stating that DCI received a cease and desist order for DCI's Fan Network service. DCI is a separate non-profit with a board composed mostly of DCI corps directors, so unless you know something different, it was DCI corporate that got served. Did the corps directors also receive them? Two separate copyright issues: 1) Arranging permission and fees (corps are responsible); 2) Sync/internet/broadcast permissions (DCI is responsible). 1 Quote Link to comment Share on other sites More sharing options...
Fran Haring Posted April 25, 2016 Share Posted April 25, 2016 Is there anyone else besides me who thinks "Tresona" sounds like something out of a sci-fi movie? Quote Link to comment Share on other sites More sharing options...
Stu Posted April 25, 2016 Share Posted April 25, 2016 (edited) Is there anyone else besides me who thinks "Tresona" sounds like something out of a sci-fi movie? I think my wife uses Tresona Hair Products; oh sorry... that is Tresmme. Edited April 25, 2016 by Stu Quote Link to comment Share on other sites More sharing options...
N.E. Brigand Posted April 25, 2016 Share Posted April 25, 2016 Look back at my posting #264. I hinted to the reason and era. I got it firsthand during a question/answer session at a music convention from the actual composer who was surprised by the PBS broadcast and informed his publisher. I had asked him, "What are your thoughts on Drum Corps". His first answer was "Money" with a smile, then he proceeded to inform us the info I posted in #264 (though the 'I wonder' part was my injection). I am reluctant to bring his name into this thread without his permission, but suffice it to say it was music performed by a top five corps. Sorry, I was unclear so we ended up talking past each other. I did see your post, but you said "thirty years ago", and I was speculating about what happened in the past two years. For the twenty-eight years between those two points, DCI and the corps apparently felt that they were taking all the appropriate steps to properly secure the necessarily licenses. Then something went wrong. Quote Link to comment Share on other sites More sharing options...
Stu Posted April 25, 2016 Share Posted April 25, 2016 Sorry, I was unclear so we ended up talking past each other. I did see your post, but you said "thirty years ago", and I was speculating about what happened in the past two years. For the twenty-eight years between those two points, DCI and the corps apparently felt that they were taking all the appropriate steps to properly secure the necessarily licenses. Then something went wrong. Ahhh.. we did talk past each other; sorry! The recent issue was with DCI corporate and dealt with, I think, the sync/internet rights for fan network and DVD's; and I think also an attempt by the copyright holders to make a retroactive look into all past DVD's. I also think it blindsided the admin at DCI. Moreover, I think some of the blame goes the corps who have been injecting voice and per-recorded overlays into their shows knowing that they can get permission to use them within an arrangement or performance, but just throw them in last min which causes sync permission issues for DCI. Again, I think that is what the deal was. Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted April 25, 2016 Share Posted April 25, 2016 I'm curious, what is "a bundle", specifically. I'd like to be able to relate it to the $10-million (+/-) income statement of DCI. several thousand. i was never given an exact number, but enough to make the bookkeeper wince Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted April 25, 2016 Share Posted April 25, 2016 In retrospect, I admit that I would complain to myself. And what you did by using the 19th century music is great. A few things I have never understood about design choices within DCI corps staff: 1) With the millions of musical pieces written over the years why fixate on 'just the one you just have to arrange' irrespective the cost, not only monetary cost but the cost of not being able to record the performance for future generations to enjoy. 2) Again with all the millions of musical charts why this or that particular piece 'has' to be arranged and performed multiple times; not only by multiple corps but redone again and again by the same corps. some stuff will never just translate well to the idiom. Quote Link to comment Share on other sites More sharing options...
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