Legal Question in Intellectual Property in New York

Re: Permission to record my child's performance

Some of the works performed by the children, and some of the arrangements of older works performed, probably are covered under copyright. These copyrighted works are licensed by the school for the children to perform. Such a license agreement invariably prohibits transmission of the performance by anyone. I'm actually surprised that the school allows recording of any part of the concert.

Yes, Mozart died in 1792 and his original works have long since fallen into the public domain, but the particular arrangement of the work that your child performed, and the music performed by other children, may indeed fall under copyright. The school, if it allows transmission of any part of the performance, is breaching its licensing agreement for that music, and breach of a music licensing agreement is a Big Deal.

The accompanist provides permission to record or transmit his/her own performance, but the accompanist has no authority to override the school's licensing agreement that covers the entire concert.

Sorry; the school wins on this one.

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Re: Permission to record my child's performance

Despite my colleague's explanation regarding copyright, I'd tend to doubt the work performed is protected under copyright. The legal reason is the contract which, provided it isn't unconscionable or against public policy, will bind you. The school may have reasons that transcend concern over copyright if, indeed, the concern exists at all, one of which is the possibility of disturbing the performance by a parent cinematographer. Another might be a school's desire to make money from recording and selling the results themselves.