Re: videotape question

From: Charles McGarry <cmcgarry[_at_]ix.netcom.com>
Date: Sun, 18 May 1997 19:26:02 -0500 (CDT)

Pam DeVoe <devoe[_at_]fastlane.net> wrote:
>
> Please help! My daughter is going to participate in a beauty pageant
> in July here in Ft. Worth. As I was reading all the papers about this
> pageant I noticed that we have the opportunity to purchase a videotape
> of the interviews and also talent portions of the competition. I am
> concered about two things: first, no form was sent for me to sign and
> give permission for my minor child to be videotaped and second, nothing
> was mentioned about whether the company doing the taping has gotten
> permission from ASCAP or BMI or whatever. The company will be charging
> 250.00 per video. I feel very strange about ordering this tape without
> knowing the details. Is this usual?

This question has come up on the list before. It's an extremely common practice at kid performances, and in fact, I have a few such tapes myself. However, you are right, there are a number of legal problems with the practice:

First, the video company usually does not pay for synchronization rights to the music. This is a concern of the publishers, however, not ASCAP and BMI, who only license the live performance. The performing hall's blanket license (assuming THEY have one) covers that. Secondly, you are right that they should have a release from the performers, but they may get that from the competition organizers. Your entry form should have contained a release from you.

The biggest problem, I see, though, is the price. $250 is gouging ($30-35 is more common). At that price, maybe they did get all the sync licenses. If you don't mind paying, just get one anyway. Any enforcement action is going to be against the video company.

Charles McGarry
<cmcgarry[_at_]ix.netcom.com> Received on Mon May 19 1997 - 00:30:18 GMT

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