Re: Rights to live performances

On 4/30/97, 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.)

Section 101 does not limit the form of fixation, so if the material has been written down, or performed and recorded elsewhere, the spectator's copy is in violation of the existing copyright. It does not matter if the first fixation is on paper and the subsequent fixation is on tape.

Now if the music and lyrics are new and not fixed anywhere prior to the performance (an improvisation), I think the only protection is in state law to prevent unauthorized copies.

I think that 102 would still prevent copyright by the spectator. It says that copyright protection subsists in an original work of authorship. In addition, the definition of "fixed" specifies that it must be done "by or under the authority" of the author.

So at most, the spectator gets a copy of the work that does not violate copyright.

steve melamut
3L University of North Carolina
<melamut[_at_]email.unc.edu> Received on Wed Apr 30 1997 - 17:04:10 GMT