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

[garfield]

2 hours ago, George Dixon said:

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

Except a rented facility is not a public place.  A city park at lunch, on the steps of the Capital and paid by the city counsel, at the cemetery during a tribute are all examples of the OP's question.  But I know for certain that a rented facility, particularly one where tickets are sold, are not public places by definition.

 

[George Dixon]

1 minute ago, garfield said:

Except a rented facility is not a public place.  A city park at lunch, on the steps of the Capital and paid by the city counsel, at the cemetery during a tribute are all examples of the OP's question.  But I know for certain that a rented facility, particularly one where tickets are sold, are not public places by definition.

 

Um he said a rehearsal in a public accessible space. I assumed a rented school football stadium where drum corps tend to rehearse. If they are fenced in (which they all are) then the right to restrict access is granted 

not too many rehearsals take place on the steps of capital buildings 

[whitedawn]

6 minutes ago, BRASSO said:

 Short answer: " Yes "

 Forget any posters that want to get bogged down in the weeds here with your simple question. The simple answer to your simple question  ( with the setting you've described )  is " Yes "... lol!

This is literally fake news. Please stop.

[whitedawn]

1 minute ago, George Dixon said:

Um he said a rehearsal in a public accessible space. I assumed a rented school football stadium where drum corps tend to rehearse. If they are fenced in (which they all are) then the right to restrict access is granted 

not too many rehearsals take place on the steps of capital buildings 

Careful -- just because a person does not have a legal right to enter the fence does not mean that it is illegal to record what is going on inside the fence to the extent that it is observable from a public area.

There are two issues here: (1) Legal right of a corps to remove persons from a rehearsal, and (2) legal right of a person to record a rehearsal, regardless of whether they are legally allowed to be at the rehearsal.

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.

[garfield]

10 minutes ago, BRASSO said:

 Short answer: " Yes "

 Forget any posters that want to get bogged down in the weeds here with your simple question. The simple answer to your simple question  ( with the setting you've described )  is " Yes "... lol!

So, forget the lawyer answers here, take your unqualified opinion as truth instead, and proceed as if "Brasso's Law" is the law of the land?

Check.  I'll be doing that right away.  Uh-huh.

 

[garfield]

2 minutes ago, whitedawn said:

Careful -- just because a person does not have a legal right to enter the fence does not mean that it is illegal to record what is going on inside the fence to the extent that it is observable from a public area.

There are two issues here: (1) Legal right of a corps to remove persons from a rehearsal, and (2) legal right of a person to record a rehearsal, regardless of whether they are legally allowed to be at the rehearsal.

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.

This is exactly the point I was going to make.  We actually had this specific situation of a cherry-picker across the road and up high enough to see into the stadium.  He recorded the whole thing from what I saw.  Nothing for us to do.

 

[garfield]

8 minutes ago, George Dixon said:

Um he said a rehearsal in a public accessible space. I assumed a rented school football stadium where drum corps tend to rehearse. If they are fenced in (which they all are) then the right to restrict access is granted 

not too many rehearsals take place on the steps of capital buildings 

Examples of public vs. non-public only.  Not meant to be specific to the OP's question of a distinction between a "rehearsal" vs. a "performance" (none).

 

[whitedawn]

Just now, garfield said:

This is exactly the point I was going to make.  We actually had this specific situation of a cherry-picker across the road and up high enough to see into the stadium.  He recorded the whole thing from what I saw.  Nothing for us to do.

 

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. :)

[garfield]

Just now, 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. :)

And here I was just thinking about cutting the hydraulic lines keeping the bucket in the air.

Your solution is much more hip and elegant. 

I like drones that fire little "anti-cherry picker" missiles.

 

[whitedawn]

Just now, garfield said:

And here I was just thinking about cutting the hydraulic lines keeping the bucket in the air.

Your solution is much more hip and elegant. 

I like drones that fire little "anti-cherry picker" missiles.

 

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.