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Do drum corps have a legal right to restrict access to rehearsals held in publicly accessible venues?


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1 minute ago, whitedawn said:

A rented high school football stadium that is adjacent to a road may be "private," but I am welcome to stand on the sidewalk and record the goings-on within the stadium without violating any laws, and no one (not the police, not the corps) can stop me.

The question is, is there a reasonable expectation of privacy within the stadium?

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Unless posted 'No Videotaping Allowed' 'No Video or Audio Recording Allowed' beyond this point, you can do so without prosecution. Note: the violation notice must be posted. If not you're fine. If someone request you to not video or audio record, it would be a good idea to not do it, but you can if notice is not posted. However you can be ask to leave the premises contracted by the lessee.  Distribution and/or sale of that video/audio recording would be in violation of music exclusive use rights. 

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1 minute ago, mrjaydub said:

The question is, is there a reasonable expectation of privacy within the stadium?

Not if you can see in from a public area, and maybe not ever if you're on a football field with 200 other people making a lot of noise. What privacy interest would a reasonable person have under those circumstances?

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4 minutes ago, whitedawn said:

That's right. Your remedy is to build a bigger wall or send up a drone to fly directly in front of his line of sight for the entirety of the show. I guess he'd still be recording the audio, so maybe the drone should have a speaker that outputs LIONEL RICHIE at top volume as it flies. :)

Why should "we all" have to suffer just to stop one person?:laughing:

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Just now, whitedawn said:

Seriously though, if the cherry picker is parked in a place that blocks the flow of traffic (a sidewalk or road), you could call the police. You can't generally disturb those rights of way without a permit.

It was literally in the front yard of a direct neighbor and not blocking anything.

Turned out that he was with the school A/V department and was trying out new equipment for use with the football team that next fall.

"Are these bands all from Columbus?", was his response to me when I asked so I was pretty sure he wasn't making money off of his pilfered "band recordings".

As usual, common sense sometimes compliments the law.

 

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2 minutes ago, mrjaydub said:

Bottom line... if a corps or anyone asks you not to take photos or record them, simply respect their wishes and no one gets hurt.  ;) 

And that, by buying a ticket to ANY DCI event, you are agreeing to comply with their no video rules.

A school is not public if it's rented and you need a ticket.  Rehearsal can be closed by the lessor (or TEP, frankly) so there's no real distinction between rehearsal or performance except one usually comes with a contract (ticket) and the other requires verbal approval by the venue staff or renter.

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5 minutes ago, Poppycock said:

Unless posted 'No Videotaping Allowed' 'No Video or Audio Recording Allowed' beyond this point, you can do so without prosecution. Note: the violation notice must be posted. If not you're fine. If someone request you to not video or audio record, it would be a good idea to not do it, but you can if notice is not posted. However you can be ask to leave the premises contracted by the lessee.  Distribution and/or sale of that video/audio recording would be in violation of music exclusive use rights. 

Maybe. It's unclear whether a corps (a licensee or invitee) has the contractual right to prohibit such recording under the terms of their agreement with the landlord. I'm not aware of any statutes that penalize private contract rights, but I'm not an expert.

Also, assuming you are correct, nothing stops me from recording from just beyond the signs.

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2 minutes ago, whitedawn said:

Not if you can see in from a public area, and maybe not ever if you're on a football field with 200 other people making a lot of noise. What privacy interest would a reasonable person have under those circumstances?

"Not if you can see in from a public area" - disagree.  If I was in my backyard, surrounded by a privacy fence, skinny dipping in my pool, I would have a reasonable expectation of privacy.  (Sorry to put that image out there... not a sight anyone should have to see.).  

"Football field with 200 other people" - likely to agree.  Not much privacy that someone could expect.

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3 minutes ago, mrjaydub said:

"Not if you can see in from a public area" - disagree.  If I was in my backyard, surrounded by a privacy fence, skinny dipping in my pool, I would have a reasonable expectation of privacy.  (Sorry to put that image out there... not a sight anyone should have to see.).  

You'd be surprised. The drone industry has really brought this issue to the fore, and the answer right now is (we think), "Yeah, it's probably OK for drones to fly over private property," which means that they can generally record what they see.

This may be different in a 4th Amendment (police) situation.

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