Although I can see the perception of a public relation problem with parents, I could imagine the school district having to pay a copyright infringement fine might be worse.

“CAN I MAKE AN ORIGINAL RECORDING OF A COPYRIGHTED SONG?

Yes, but you must contact the copyright owner and obtain a “mechanical license.” You will be charged a fee, the amount of which is determined by the “statutory rate” as set forth in the Copyright Law. This includes recordings of church services, concerts, musicals, or any programs that include copyrighted music.”

“http://www.mpa.org/copyright_resource_center/church_musician#q10″

My memory and my reminiciing are stronger and more enjoyable than an mp4 can ever be.

@Terry @Mathew Thanks for the clarification. Even we attorneys need help now and then…

1) I didn’t mean to vilify the music teacher(s). They were great. They weren’t the ones that made the announcement.

2) As I read both the link and what you wrote, it reads to me like the sponsoring organization can’t record the song(s)? But what about the public at a public event? For example, are organizations making these kinds of announcements at (a) church youth choir performances, (b) football game marching band performances, (c) the annual orchestra performance in the park, and/or (d) musical performances at the Rose Bowl parade (just to mention a few)? I’m not sure they are, nor am I sure that they could do so.

Clearly I don’t know enough about this. Right now I only know enough to be dangerously opinionated. It just reeks of wrongness to me (the guy in front of me too; he said, ‘copyright my ass!’). I’ll try to follow up and see what I can find out.

Thanks, everyone! Getting feedback is one of the great things about blogging!

I don’t see how the school could be held responsible for others videotaping the event. Making such an announcement might prove establish “due diligence” were the school to be sued by a music copyright holder, but I would think that a statement in the bulletin that “videotaping this event may be interpreted as a violation of copyright laws” gets at the same thing and leaves the responsibility for the legality of the taping on the individual actually doing so.

To me, making a recording for personal use of a kids concert with no intention of reselling the materials is fair use. And as you suggest, this needs to be balanced with the image the school has as well.

We are very much in need of more “user-centric” guidelines to the use of copyrighted materials. As it stand we are making scofflaws of the majority of our citizens.

Great post,

Doug

I personally would not be the person who tells people at a concert to shut off the video cameras. I don’t believe the school has a responsibility to be the keeper of the copyright. I HAVE, on the other hand, warned against taping musicals (with a note in the program) because the contract is explicit that it can’t be allowed.

I don’t know what the motivation was for the person who said not to videotape, but I am guessing that it wasn’t to deny parents the right to record the performance for posterity. I would suggest that the person who gave the warning be contacted. Perhaps there is a sensible reason (other than greed- as was suggested in a post) for not allowing it? In past circumstances, I would have liked to be given that courtesy.