Re[2]: Music overdubbing for broadcast

From: Oliver, Derric <doliver[_at_]jazz.fantasyjazz.com>
Date: Thu, 12 Sep 96 09:06:09 PST

Harold Federow <hfederow[_at_]u.washington.edu> wrote:
>
>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.

Just a thought: If the Total Experience Gospel Choir was a well known act, that the Right of Publicity would come in to play more than any copyright issues.

To those who know: Is this off-base?



This does not necessarily represent the views of my employer.

Derric Oliver
<doliver[_at_]jazz.fantasyjazz.com> Received on Thu Sep 12 1996 - 20:08:18 GMT

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