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Posted by AnthonyR on 10/25/70 11:31
"PTRAVEL" <ptravel88-usenet@yahoo.com> wrote in message
news:3tc68sFrepmnU1@individual.net...
>
> "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.
>>
>>
>
>
Thanks for the detailed reply. I have saved the link to my favorites and
will check it out one day soon.
:)
AnthonyR.
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