[QuadList] Copyright (and other rights) Issues

[Ted Langdell]

On Jun 7, 2009, at 8:33 AM, DCFWTX at aol.com wrote:
> It's one thing for a kid in the back bedroom of his home to  
> broadcast his latest skateboard video. But running corporate videos  
> and broadcast material containing live and deceased talent, is a  
> risk not worth taking.


What David points out in the entirety of his post is a group of things  
that go above and beyond issues of Copyright to a particular program  
or content.

For music in programs, there's a "performance rights" issue... the  
right to "perform" the music in public. And if one is using the music  
as background for images, there's a "Synchronization License" needed.   
Terms and costs vary with the intended use and potential distribution.

The documentary "Eyes on the Prize" was not able to be publicly  
distributed or broadcast for quite a while, because the producers had  
only licensed rights to some music clips for seven years... all they  
could afford to do at the time.  Which was before there was much  
thought to the program having some "legs" both in broadcast and "for  
sale" media like VHS and DVD.  I understand those issues have been  
resolved recently, and the program is now available.

The "Right of Publicity" through which celebrities (or the average  
person) can control the use of their image, likeness and voice is  
another significant issue, and one which many famous people—or their  
estates—vigorously defend.

One such estate is that of Dr. Martin Luther King.  Depending on the  
use, one has to license from King's estate the of use excerpts of his  
"I have a dream" speech and others, because of the underlying  
copyright in the written speech, itself, and the "right of publicity"  
as it may apply.

The inability to clear ALL the rights—copyright, performance rights to  
music, right to use a performer's appearance on a program, making  
contractually required payments to musicians in a show's band or  
orchestra, etc.—may be significant reasons that more programs that  
were recorded on Quad or Kinescope—and are on shelves world-wide are  
not publicly available.

YouTube or otherwise, as David says, it can be a quagmire with some  
unintended consequences.

Ted

Ted Langdell
Secretary
Skype: 	TedLangdell
e-mail:	ted at quadvideotapegroup.com

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