Re: Rights to live performances

David Crosby <dcrosby[_at_]usa1.com> wrote:
>
> I recall being told in law school that the way to acquire a copyright
> in a live performance (such as a musical concert or an athletic
> competition but not a play) was to record the performance. Thus, the
> "author" (the person/organization making the recording) acquires the
> rights in and to that recording. If a spectator also makes a
> recording, doesn't the spectator also acquire a copyright in their
> recording? Is there any way to prevent the spectator from acquiring
> a copyright in the same performance? (Assume that there is no
> contract/license <admission ticket> which would forbid making a
> recording.)

There is no way you can acquire copyright to a live performance, since a live performance is by definition not "fixed in a tangible medium." What you CAN acquire copyright to is a fixed recording of that performance. Now you know why so many musical and athletic events will not allow people to bring cameras inside.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Wed Apr 30 1997 - 16:32:24 GMT