Legal Question in Intellectual Property in California
question about copyright law
I videotaped a musical performance in 1990 (with permission of the venue and the band to do so) for my private collection. Recently I authored a DVD of the performance and sent a copy to my friend who was in the band at the time. It was a nostalgic gift, and only one was sent. Someone else from the band got a copy from my friend and now I've been reading about how he's going to use my work as part of a ''dual disc'' release. No one has asked or been granted permission to use my work, and there was never an agreement that my copy of the performance was in any way their property. What are my rights with respect to owning the work I produced of their performance, and do they need formal legal written permission to use it?
2 Answers from Attorneys
Re: question about copyright law
Interesting quirks in the law, here.
First, a live performance is evanescent and therefore not copyrightable, but the recording of that performance is (because it is "fixed in a tangible medium of expression").
So, if you shot the video, you own the copyright in that video. From what you state in your question, you would own the copyright in the video and no one can use it without your written permission (either a license or assignment of rights). If they do so, you could claim substantial statutory damages.
If you want to use this commercially, however, you would want to have signed agreements with the performers and the venue.
Re: question about copyright law
Something else you should realize is that copyright means the right to copy. The copyright owner is the sole person who has the right to copy, and the right to distribute, so your friend infringed your copyright when me made a copy and gave it to someone else. It makes no difference that there was no profit involved.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
