DrumCorpsNutt Posted June 9, 2017 Share Posted June 9, 2017 Follow up questions: Can a drum corps legally deny you the right to audio/video record what is happening is publicly accessible areas? If so....what specific authority grants this legal right? Yes.....I know one should not post things that they do not own or have rights to....but can't one record something for their personal use only? Quote Link to comment Share on other sites More sharing options...
George Dixon Posted June 9, 2017 Share Posted June 9, 2017 yes if they rent the facility they can then control who they let in and out they can also limit recording/video/photography and any distribution/publishing of those due to copyright 5 Quote Link to comment Share on other sites More sharing options...
Fred Windish Posted June 9, 2017 Share Posted June 9, 2017 (edited) I'll take a guess . . . . Yes. If the performing group is paying RENT for the facility, it can determine the terms under which others can share the facility with them as their guest. (NOT a lawyer, but did stay at a Holiday Inn Express many times) Oops! Good to see George Dixon is already on this! Edited June 9, 2017 by Fred Windish acknowledge other post 1 Quote Link to comment Share on other sites More sharing options...
mrjaydub Posted June 9, 2017 Share Posted June 9, 2017 "Publicly accessible area." No one can deny anyone taking video or a photograph if you are in a public location. i.e. If you are standing on a sidewalk or in a public park, you can capture whatever you'd like. If you are in a stadium, which has been "opened to the public" - you can record whatever you like. However... if a request to refrain from using said devices has been posted on the premise (I would argue an announcement would be sufficient as well), patrons should comply with those requests or be subject to consequences (typically, removal from the venue.) In the event of the latest request from a corps via social media - if you have seen/read their request, you should comply. I would suggest corps' who wish to deny recording at their practice sights, post additional notice at the entrance of these venues in the event not everyone accesses their online media. I'm not a lawyer, just a photographer with a history of knowing what I can/cannot shoot. 1 Quote Link to comment Share on other sites More sharing options...
Poppycock Posted June 9, 2017 Share Posted June 9, 2017 You are entitled to exclusive possession to your rental for the time and places stated within the contract. However some parts of a campus may be considered a public forum. School administrators often have the discretion to restrict the entry of outsiders, but be aware that the language may be broad enough to cover lawful or innocent activity as well. Any area not open to the general public requires notification to the general public i.e. (local newspaper) of those days, times and places. The posting must state where objection to the notice can be filed. After no apparent objections the contract can be delivered. Once the private lessee has executed the contrat they may legally exclude individuals who want to attend events or enter restricted areas. 2 Quote Link to comment Share on other sites More sharing options...
BRASSO Posted June 9, 2017 Share Posted June 9, 2017 (edited) 1 hour ago, DrumCorpsNutt said: Yes.....I know one should not post things that they do not own or have rights to....but can't one record something for their personal use only? No.... one does not have the legal right to video tape another for their personal use only. Whether it is a group or an individual, no one is granted a right to videotape others without their expressed permission. The US Constitution allows a person to deny such taping as a matter of personal privacy protections. It gets even more protective of personal privacy rights when it is minors that are involved in the video taping, and where the minors are being video taped by a non family member and video taped unknowingly and in a private ( practice ) non public performance venue. So in this case, where it is Corps, with some minors involved, at private practice contracted facilities, the Corps do have a legal right to deny videotaping of these practices if that is their choice. They must post such notices of non taping at central entry points at their practices as their required notice to the public. I am not a lawyer, but I believe that any lawyer would back me up on this, as well as the why the privacy protection legal principles would prevail here. Edited June 9, 2017 by BRASSO Quote Link to comment Share on other sites More sharing options...
cowtown Posted June 9, 2017 Share Posted June 9, 2017 Poppy and JW got it We are well past the issue of copywrites for performance and arrangement, if the corps doesn’t have it by now, they shouldn’t be doing it, so any secrecy is hype. And therefore, stupid, it’s just band, right? All you secrets will be known in 2 weeks anyway. If someone uploads it than normal copywrite issues apply and it can be taken down Standing over fans to stop filming leaves a bad taste in my cow-mouth and from a corps point of view, it’s not worth the ill will, IMO 1 Quote Link to comment Share on other sites More sharing options...
Eleran Posted June 9, 2017 Share Posted June 9, 2017 17 minutes ago, BRASSO said: I am not a lawyer, but I believe that any lawyer would back me up on this, as well as the why the privacy protection legal principles would prevail here. I am a lawyer, and I would not back you up on this. 3 Quote Link to comment Share on other sites More sharing options...
BRASSO Posted June 9, 2017 Share Posted June 9, 2017 (edited) 5 minutes ago, Eleran said: I am a lawyer, and I would not back you up on this. So you are saying that I can walk into a Cadets private practice facility today, bypass signs that say " no videotaping allowed", then proceed to videotape the Cadets at practice, take that tape home and utilize it " for my personal enjoyment " ( which is what the OP is asking us ) No way,Jose... even if you are a lawyer, you could not be more wrong. Edited June 9, 2017 by BRASSO Quote Link to comment Share on other sites More sharing options...
Eleran Posted June 9, 2017 Share Posted June 9, 2017 (edited) 3 minutes ago, BRASSO said: So you are saying that I can walk into a Cadets private practice facility today, bypass signs that say " no videotaping allowed", then proceed to videotape the Cadets at practice, take that tape home and utilize it as I see fit ? No way,Jose... even if you are a lawyer, you could not be more wrong. That's not what you said, which I disagreed with. You devoted a long paragraph to "one does not have the legal right to video tape another for their personal use only.", and made no conditions about it being in Cadets private practice facility. I absolutely agree that in a non-public place, the entity controlling that place can set any restrictions they want about video reproduction. But your post that I disagreed with went WAY beyond that scenario, and is simply not true under the law. Edit: Correction - part of your POST did drill down to the corps-specific practice facility portion of the scenario. It was the first broadside invoking privacy rights that I disagree with. Edited June 9, 2017 by Eleran 1 Quote Link to comment Share on other sites More sharing options...
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