Re: Rights to live performances

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Wed, 30 Apr 1997 13:00:38 -0400 (EDT)

On Wed, 30 Apr 1997, 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.)

In Canada, a relatively recent amendment to our Act has explicitly made recording live performances without permission illegal - with specific and stiff penalties, I believe.

Bernard Katz, Head, Special Collections and Library Development

              University of Guelph Library
              Guelph, Ontario
	  and Chair, Copyright Task Force, Ontario Library Association

bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931 Received on Wed Apr 30 1997 - 17:04:09 GMT