Farmboy Posted March 24, 2020 Share Posted March 24, 2020 I'm no lawyer--just a bored self-quarantiner. Thought this might be of interest to the people here who deal with this subject. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/03/24/17-56006.pdf 1 6 1 Quote Link to comment Share on other sites More sharing options...
garfield Posted March 24, 2020 Share Posted March 24, 2020 FINALLY! Some GOOD news! (maybe I should read it first?) 1 2 Quote Link to comment Share on other sites More sharing options...
leed17 Posted March 24, 2020 Share Posted March 24, 2020 Wow, interesting read...I’m no lawyer either, but it appears to be a swift kick in the stomach to Tresona. I imagine DCI has its eyes on this as “fair use” and “education” is mentioned quite a bit in the document. Scroll to the end, and you see that it pretty much scolds Tresona for using scare tactics to get people to pay for their licensing service. This ruling could change things a bit in the future for bands, choirs, and yes, drum corps I imagine... 3 3 Quote Link to comment Share on other sites More sharing options...
garfield Posted March 24, 2020 Share Posted March 24, 2020 (edited) 12 minutes ago, leed17 said: Wow, interesting read...I’m no lawyer either, but it appears to be a swift kick in the stomach to Tresona. I imagine DCI has its eyes on this as “fair use” and “education” is mentioned quite a bit in the document. Scroll to the end, and you see that it pretty much scolds Tresona for using scare tactics to get people to pay for their licensing service. This ruling could change things a bit in the future for bands, choirs, and yes, drum corps I imagine... See, this is what I thought. But I'm definitely NOT a licensing lawyer so I'll leave the interpretation to others. But, If you read that other thread, it's very clear that I'm an infectious disease expert. Just ask me! Edited March 24, 2020 by garfield 2 Quote Link to comment Share on other sites More sharing options...
MadisonBandMan1 Posted March 24, 2020 Share Posted March 24, 2020 This bodes well for educational music performance groups? Quote Link to comment Share on other sites More sharing options...
George Dixon Posted March 24, 2020 Share Posted March 24, 2020 1 hour ago, Farmboy said: I'm no lawyer what a refreshing post - finally someone who isn't an expert on law, contagious disease, global warming/weather AND drum corps! 1 3 Quote Link to comment Share on other sites More sharing options...
Jeff Ream Posted March 24, 2020 Share Posted March 24, 2020 interesting. i'll look forward to seeing it translated from legalese Quote Link to comment Share on other sites More sharing options...
Rich Cline Posted March 24, 2020 Share Posted March 24, 2020 I am glad to see this happen to Tresona. It's about time. Extract from the PDF Copyright The panel affirmed the district court’s summary judgment in favor of the vocal music director at Burbank High School and other defendants in a copyright suit and reversed the district court’s denial of attorneys’ fees to defendants. Tresóna Multimedia, LLC, a licensing company, claimed that the Burbank High School student show choirs failed to obtain licenses for their use of copyrighted sheet music in arranging a show choir performance. The panel concluded that Tresóna lacked standing under 17 U.S.C. § 501(b) to sue as to three of the four musical works at issue because it received its interests in those songs from individual co-owners of copyright, without the consent of the other co-owners, and therefore held only non-exclusive licenses in those works. The panel stated that it was especially swayed by the limited and transformative nature of the use and the work’s nonprofit educational purposes in enhancing the educational experience of high school students. The panel concluded that the music director’s use of a small portion of the song, along with portions of other songs, to create sheet music for a new and different high school choir showpiece performance was a fair use. 3 Quote Link to comment Share on other sites More sharing options...
Rich Cline Posted March 24, 2020 Share Posted March 24, 2020 Standing Definition: Standing (law) From Wikipedia, the free encyclopedia Jump to navigationJump to search Legal concept concerning a party's connection to or harm from a law or action being challenged In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. Standing exists from one of three causes: The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued existence of the harm may affect others who might not be able to ask a court for relief. In the United States, this is the grounds for asking for a law to be struck down as violating the First Amendment to the Constitution of the United States, because while the plaintiff might not be directly affected, the law might so adversely affect others that one might never know what was not done or created by those who fear they would become subject to the law – the so-called "chilling effects" doctrine. In other words, in this case Tresona was not harmed and therefore lacked standing. 2 Quote Link to comment Share on other sites More sharing options...
combia1 Posted March 24, 2020 Share Posted March 24, 2020 This is good news, and has the potential to be HUGE in the marching arts. Permission to Arrange SHOULD be a lot easier and a lot cheaper as a result. 2 Quote Link to comment Share on other sites More sharing options...
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