Re: Copyright in Fireworks

Stephen J. Hyland <shyland[_at_]computer-lawyer.com> wrote:
>
> 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.

Houston Industries Power is apparently claiming copyright in their choreographed laser and fireworks display.

Isn't fixation required? Is the choreography sufficient? Wouldn't there be a need to simultaneously tape the display?

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Original portions Copyright 1998 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
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