RE: Re: Lectures from Jim Gehrke on 2005-04-14 (CNI-COPYRIGHT)

From: Jim Gehrke <jgehrke[_at_]gehrke-law.com>
Date: Thu, 14 Apr 2005 18:35:00 -0400

I would agree with this provided there is signed consent. In that case, the agreement is what controls and it should define how the copy of the "performance" may be used. However, in terms of initial ownership, it is my opinion that the lecturer owns the content.

The details of the situation are, of course, important. I can also imagine some uses that may be fair use -- as in a clip included in a newscast of the event. At the same time, I can also imagine some major abuses like selling copies of the lecture or including it in Internet courses offered by a college.

Ideally, there should be an arrangement regarding this prior to the lecture. Presuming there was no written agreement, I would recommend getting one to make sure the lecturer continues to allow the copy to be used in the manner you intend to use it.

Hope that helps.

Jim Gehrke
Gehrke & Associates, SC
123 North 86th Street
Wauwatosa, WI 53226
414.774.0874
414.774.4837 Fax

www.gehrke-law.com

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Renee Anthuis Sent: Thursday, April 14, 2005 4:30 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Lectures

I would think that if the lecturer signs a release to the college, allowing them to repurpose the presentation into video and agrees to the intended use (current and futuristically speaking) by the college, there's no infringement. In saying this, however, it would seem that if the lecturer is not only presenting verbally, but also giving a powerpoint presentation and that, too, is videotaped, any consent the lecturer gives would not cover any third party material contained within the powerpoint presentation unless the lecturer has obtained the appropriate permission to transfer those rights.

Renee L. Anthuis
Manager, Intellectual Property
AAFP
11400 Tomahawk Creek Parkway
Leawood, KS 66211-2672
913-906-6093, fax
ranthuis[_at_]aafp.org

>>> shenders[_at_]wellesley.edu 04/14 2:30 PM >>>
Hello everyone,

I have a question that I hope that you can help me with. If this isn't the proper forum for this question, I apologize in advance.

If someone comes to our college to give a lecture, and the college videotapes it, who holds the copyright? Assume that the lecturer did not request that the lecture be videotaped, but had no objection to the college doing so. I'm wondering if the fact that the college affixed the lecture, rather than the lecturer, has any effect on copyright.

Thanks for any advice you can give me.

Graham

Graham Henderson
Collections Management Librarian
Margaret Clapp Library
Wellesley College
106 Central Street
Wellesley, MA 02481
781.283.3514
shenders[_at_]wellesley.edu

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Received on Fri Apr 15 2005 - 02:35:00 GMT

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