Re: Music overdubbing for broadcast

From: Harold Federow <hfederow[_at_]u.washington.edu>
Date: Wed, 11 Sep 1996 12:13:14 -0800

On Mon, 09 Sep 1996 14:34:29 -0400 alewine[_at_]dcez.com (Alan Lewine) wrote:

> 

>> Went to an outdoor arts concert today. One of the acts was Seattle's
>> Total Experience Gospel Chior. Amazing Talent. They were raising
>> money to cover litigation fees for a pretty interesting infringement
>> case I thought I'd share with you: This singing group has been around
>> for 25 years and sings at every local music happening. They had never
>> been on national TV before last year when they were one of the NW acts
>> featured on a nationally broadcast PBS show. They perfomed "Amazing
>> Grace" and small takes of a few other songs. However, when broadcast
>> they were shown performing, but another group was heard. They had
>> been "poorly" overdubbed by "a group with a lot less talent". The
>> production editors either screwed up the original soundtrack, or
>> figured if you've heard one "Amazing Grace" you've heard them all.
>> The Total Experience is sueing, and made the comment that their lawyers
>> think this suit will broaden definitions of trademark/creative property
>> infringement.
> 
> Here's an interesting situation for discussion as a hypothetical. This
> was just described to me by a friend (I'm in no way invloved in the
> actual case). I don't know any more facts now, but is there a copyright
> cause of action here?

I would think whichever group was overdubbed would have the _copyright_ cause of action. The choir would likely have many others, but not copyright. However, I'm sure other members of the list will have interesting insights.

Harold Federow
<hfederow[_at_]u.washington.edu> Received on Wed Sep 11 1996 - 19:07:52 GMT

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