Copyright in Fireworks

The following article (excerpted) appeared in the Houston Chronicle, Sunday, September 20, 1998, entitled "Sky Power producers don't take copyright law lightly"

   Last year, longtime free-lance photographer Bob Gomel captured on    film a spectacular moment in the Houston Industries Power of Houston    laser and fireworks display... If Gomel had tried to do the same    thing this year, he might find himself facing a lawsuit for copyright    infringement.

   JW Productions Inc., which co-produced the event with the city, says    the Sept. 12 Sky Power II laser and light show was a choreographed,    scripted performance, like a dance or play, and was therefore subject    to copyright.

   Prior to the display, a statement appeared in a newspaper ad    promoting the event: "Houston Industries Power of Houston's Sky    Power II is copyrighted under the laws of the United States... Any    retransmission or reproduction including, but not limited to, video    recordings, sound recordings or photographs without the express    written consent of JW Productions Inc. is strictly prohibited."

...

   In the case of the fireworks, news coverage and personal photos    were permissible, says JW Productions lawyer Ben Tobor. But if    photographers want to sell their images for mass production - as    calendars, posters, postcards, billboards or for other uses - they    must first get permission from the company or pay a licensing fee,    he said.

   "Traditional fireworks don't have a script, but this did: lasers,    lights, pyrotechnics and large-format lighting," said Jeff Pinkerton,    owner of JW Productions. "Any type of mass production, like a    calendar, we think the event should be involved in those types of    decisions... Our position is not to stop anybody. All we want is    for people to get the name right and maintain the integrity of the    show."

...

   Tobor emphasized that copyrighting the display was a reasonable    precaution: "To the extent (that a) great amount of money was spent    on the event, it would seem right to prevent others... from    profiting from the event," he said.

...

   Other photographers said the warning had a chilling effect, and fewer    shooters were out competing to get the best shot.

Posted by:
Stephen J. Hyland
<shyland[_at_]computer-lawyer.com> Received on Tue Sep 29 1998 - 13:10:44 GMT