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Posted by PTRAVEL on 10/06/42 11:31
"AnthonyR" <nomail@nospam.com> wrote in message
news:LlWbf.4158$ek6.2229@news-wrt-01.rdc-nyc.rr.com...
>
> "PTRAVEL" <ptravel88-usenet@yahoo.com> wrote in message
> news:3tadgqFrnflvU1@individual.net...
> >
> > "AnthonyR" <nomail@nospam.com> wrote in message
> > news:R6Sbf.4128$ek6.3571@news-wrt-01.rdc-nyc.rr.com...
> >
> >
> >> And as I asked before, if we videotape a party or wedding that a DJ is
> >> playing at, the bride and groom hired them as hired the video guy.Now
> >> when
> >> we give our finished product to them the music recorded as background
> > music
> >> which might have been played illegally by the dj, does that allow us to
> >> be
> >> also liable and sued simply by recording the event?
> >>
> >> Any one know for sure?
> >
> > Yep. Do a search on my name (either "tauger," "ptravel," or "ptauger")
> > and
> > "incidental reproduction" -- I've written on this before. There's not a
> > short answer to it, and I can't give you legal advice, but you're right
to
> > be concerned.
> >
> >
>
> Thanks PTravel,
>
> I figured legally that was the case, now in your experience as a lawyer in
> this field, have they ever sued
> a small time video guy doing weddings?
>
> Just curious how concerned i should be. :)
I'm not aware of any instances where small-event or wedding videographers
have been sued, but bear in mind that not all cases are reported (that is to
say, published where lawyers can see them), and not all cease-and-desist
letters (coupled with demands for payment) result in litigation.
Also, note that my personal _belief_ (which is not the same as a legal
opinion, and no one should rely on it) is that this kind of use, i.e. small
event and wedding videography, _should_ come within fair use. I'm virtually
certain that the fair use aspect hasn't been litigated yet, so my opinion
doesn't count for anything (unless you're my client and I've given it to you
in the course of the representation -- then it is prima facie evidence of
non-intentional infringement if you're ever sued).
You might want to go over to www.dvinfo.net, which is a great resource for
professional videographers (and amateur videographers who want to learn
something -- that's why I hang out there). We discuss this topic quite a
bit (and the discussion is considerably less rancorous then it sometimes
gets here).
>
> I mean even if I took steps to be careful, the day of the event it's not
> like i could just yell "Cut" stop the wedding,
> that sound isn't approved and I'm not filming this any longer, lol I'd be
> sued for breach of contract and ruining the event, no?
I can't speak to that -- I don't know what you're contract says. To
summarize the discussion on incidental reproduction over at dvinfo.net,
less-than-complete use of incidentaly-recorded protected expression in a
reportorial context will probably be deemed fair use. At the other extreme,
using incidentally-recorded music as a sound track for a commercial product
will almost certainly result in infringement liability. It would probably
make sense, at a minimum (though would _not_ be a guarantee of
non-liability) to avoid J- and L- cuts that contain incidentally-recorded
protected expression.
> Thanks,
> AnthonyR.
>
>
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