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Legality of posting DCI audio?


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DCI holds the copyright on DCI recorded venues, so even the corps director can't grant you permission (from what I understand).

I was also told before that anything under 7 seconds is arguable in regards to ASCAP, but that was only in terms of arranging I believe

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When in doubt about anything DCI, contact info@dci.org. Your question will be forwarded to the proper person and you will get an answer.

Edited by Michael Boo
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This is something I've had to consider for my podcast. For example, when Santa Clara Vanguard releases a camp video containing performance footage, how much, if any, audio can I use in my show? I've always gone with a cutoff point of 30 seconds but, considering the legal issues and the vagueness of the fair use clause, I've decided not to use ANY performance material unless I have specific permission from a corps. Also, if I'm going to use any kind of background or transition music, I'll get it from the Podsafe Music Network (http://music.podshow.com). That way I know it's all right to use it on my podcast.

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I would hope/wish that DCI would not come hard and fast against people who use samples of drum corps activity in podcasts. Even a company as large and powerful as Disney tolerates a lot of audo/video being distributed in podcasts. They understand that this is free advertising. DCI and all drum corps should as well.

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I would hope/wish that DCI would not come hard and fast against people who use samples of drum corps activity in podcasts. Even a company as large and powerful as Disney tolerates a lot of audo/video being distributed in podcasts. They understand that this is free advertising. DCI and all drum corps should as well.

Or they just haven't gotten around to pursuing podcasters because they don't see them as a big enough threat to copyright yet. Podcasters have been hit by the RIAA, hence the creation of the Podsafe Music Network. What's more, DCI may not have a choice but to come down hard on podcasters which use DCI recordings of any length in their shows in order to avoid future copyright issues with composers.

One thing I have not done but keep telling myself to do so is to contact DCI and DCA, as well as individual corps, and request permission to use 10-30 second snippets of recordings during my podcast. While the use of these snippets MAY fall under the Fair Use clause of copyright law, the law is vague enough that it's better for me to get the permission and avoid copyright issues entirely.

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I have a DCI fan website and I want to post clips from DCI shows, not the whole show just 1 minute segments. Is this legal or would this be an illegal act?

Sure, it's legal. Once you have obtained the expressed written consent of the corps involved, DCI, and the composers of the music and/or their agents, and paid any applicable royalties, then it's legal.

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Sure, it's legal. Once you have obtained the expressed written consent of the corps involved, DCI, and the composers of the music and/or their agents, and paid any applicable royalties, then it's legal.

Fair use might allow an exemption to some of that.

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Fair use might allow an exemption to some of that.
Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials forpurposes of commentary and criticism. For example, if you wish to criticize a novelist, you should have the freedom to quote a portion of the novelist's work without asking permission. Absent this freedom, copyright owners could stifle any negative comments about their work.

Unfortunately, if the copyright owner disagrees with your fair use interpretation, the dispute will have to be resolved by courts or arbitration. If it's not a fair use, then you are infringing upon the rights of the copyright owner and may be liable for damages.

The only guidance is provided by a set of fair use factors outlined in the copyright law. These factors are weighed in each case to determine whether a use qualifies as a fair use. For example, one important factor is whether your use will deprive the copyright owner of income. Unfortunately, weighing the fair use factors is often quite subjective. For this reason, the fair use road map is often tricky to navigate.

Copyright & Fair Use - Stanford University

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No one ever awnsered my question. :(

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