Re: Re: Lectures

This doesn't sound right to me. The videotaping *is* the fixation, and if done "under the authority" of the author (the speaker), then the copyright should reside with the speaker, just as the copyright of a book I dictate resides in me even though someone else may transcribe my words.

The question, if I understood correctly, was whether there is a difference, legally, between "under the authority" and "with the permission" of the author (and then whether permission can be inferred from non-objection). I'm not aware of any case law squarely addressing this (not that I have searched for it, so it might be out there). To me, logically, there shouldn't be a difference, but to paraphrase Mae West, logic has nothing to do with it.

Vance

On 4/14/05, Sheldon Halpern <halpern.1[_at_]osu.edu> wrote:
> I think the question and this answer miss the point. If the lecture is not
> read from prepared matter, it is simply not copyrightable; it is not a work
> fixed in a tangible medium of expression by or under the authority of the
> author. The lecturer, creating an unfixed work, does not have a copyright
> interest; the college, of course, is not the author and therefore it has no
> copyright interest.
> At 05:30 PM 4/14/2005, you wrote:
> >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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> Sheldon W. Halpern
> C. William O'Neill Professor of Law and Judicial Administration
> The Moritz College of Law at The Ohio State University
>
>
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-- 
Vance R. Koven
Boston, MA USA
vrkoven[_at_]world.std.com