Legal Question in Intellectual Property in New York

Hello there. Fox and the creators of Glee are currently hosting a contest called Glee Give a Note where they will be awarding one million dollars in grants to at-risk school music programs. Entrants must create a two-minute film explaining through music why they deserve the money. The Glee site even suggests that schools reenact their favorite songs or moments from Glee. I am a music teacher and my high school choir entered the contest. We recorded an original arrangement (that we created together) of This Little Light of Mine (which is in the public domain). My question is this: unless schools do as we did and perform a song in the public domain, or unless they pay for a sync or mechanical license (which isn't likely if their program is at-risk) how is this contest not a huge violation of copyright?


Asked on 10/07/11, 4:45 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

This contest could theoretically be a "...huge violation of copyright" if it were hosted by an entity that does not hold a copyright interest in the show. However, Fox owns the copyright in Glee and is free to do with the material from the show what it wishes. That Fox posted on the website an invitation to use materials from Glee indicates that Fox waives its copyright in a limited way for the purpose of this contest.

If, though, a school chooses to use a song from another company that has nothing to do with Fox or Glee to enter this contest, and if copyright is still good, that school might expect a cease-and-desist letter from that song's copyright holder's lawyers.

However, an absolute defense given by the doctrine of "fair use" may well apply to any accusation of copyright infringement for this contest because the material is being used for educational purposes.

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Answered on 10/07/11, 6:03 pm


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