[QuadList] Copyright (and other rights) Issues

[COURYHOUSE at aol.com]

Yep all True Ted .....    Good  points...  I ran into the King issue when  
was doing a news story and  the only resource turned out to be the King site
 
Ted, Historically do  you remember  when  the King issue  became this  
restrictive?
 
Ed the newsman 



In a message dated 6/7/2009 11:37:18 A.M. US Mountain Standard Time,  
ted at quadvideotapegroup.com writes:




 
On Jun 7, 2009, at 8:33 AM, _DCFWTX at aol.com_ (mailto: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_ (mailto:ted at quadvideotapegroup.com) 









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