Jump to content

Copyright issues on posting videos?


Recommended Posts

 

I'm just curious how people get away with recording the livestreams from FloMarching and then posting the videos on, well, you know where. ;) How do they not get charged with copyright violations or infringement or whatever?

Same way all other people get away with crimes. They haven't been caught. Unfortunately it's only a matter of time before those videos are taken down.
Link to comment
Share on other sites

Same way all other people get away with crimes. They haven't been caught. Unfortunately it's only a matter of time before those videos are taken down.

 

Pretty much.  I'm not sure how good the YouTube algorithm is at catching certain tunes that have been arranged for marching band and then sending out a copyright strike.  It will probably be up to FloMarching or someone representing one of the songs in the show that will have to come forward and put out strikes on these videos.

Link to comment
Share on other sites

I really hate that flagging a high school marching show video for copyright is even a thing. 

 

Oh, I do too!  And who will ever forget the fiasco with Mr. Video several years back!  Who was that marching band that did a funny show around that whole mess?  

 

What I was really referencing are videos taken directly off of FloMarching, and not just one that a parent may have taken with their cellphone and put up.  Seems like FloMarching would own the video and therefore would be very unhappy to see these.  Of course I love the opportunity to watch these videos from FloMarching, but I understand that they certainly must be in violation since they are not owned by the people putting them out there.  

Link to comment
Share on other sites

While I think that copyright duration should be severely curtailed for electronic media, we should keep in mind the original musicians, composers, and authors, for whom these copyright laws were meant. While the royalties shelled out to them might be laughable in some cases on account of third party licensing, distribution, etc., the creators are entitled at least to that, all things being equal.

 

With respect to videos, say, of halftime performances (or at other venues where the exclusive right to recording a performance has not been granted to a third party), I know HEBISD is of the opinion that they are legal for personal use. They announce this several times publicly every year at the HEB contest, which tells me that they think this is a tenable position on the issue. Perhaps this can be thought of as similar in some ways to recording a live TV broadcast using TiVo. But when these videos are uploaded to YouTube ("distributed") without a requisite, probably very expensive license, it is this process of copying which is illegal. I think BOA has a stricter stance on even personal use videos from the stands (I'm not talking about recording the live stream), but I wonder if that is to do with the rights they give to the third party recording the performance at the event. At any rate, I take HEBISD's opinion as well-informed enough to be ethically used, even if BOA's turns out to be stricter. All that means is that the law is ambiguous in some respect, and therefore there is a legitimate plurality of opinions on how to interpret it, which is hardly surprising when it comes to this issue.

 

With respect to videos where the exclusive right to recording a performance presumably has been granted to a third party, then even the recording of personal use videos from the stands would technically be illegal -- and unethical, I think, unless the law is proven not to be binding on account of it being unjust in principle, or too ambiguous to be promulgated.

 

It seems like a different legal issue with respect to recording FloMarching's live stream. It could be like the TiVo case, or it could be something entirely different on account of FloMarching's Terms and Conditions (which I've never read, so I can't say). Or it could be something entirely different on account of something entirely different.

 

Clearly, it's a bit complicated.

 

If we had any people on the forum with law background, maybe they could elucidate the finer, legal workings of what's going on here for those interested. If they wanted -- which they might not, because it's tedious.

Link to comment
Share on other sites

Some guy named Dan the Band Man has posted quite a few FloMarching videos of late.  Perhaps you can find your band there.

I checked and he has nothing from BOA Austin and we didn't make finals there, so sadly it wasn't likely. Maybe if we make it in St Louis there could be some videos, but for now there are no multicam videos of us.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...