Re: Copyright in Fireworks

Bob Cumbow <cumbr[_at_]perkinscoie.com> writes:
>
> Though I think Mr. Scarpitti is on the wrong track here, I also think
> it's overreaching for the owners of a copyrighted fireworks display to
> believe that the copyright can enable them to prevent photography (or
> even videography) of the display. Mr. Liu's argument makes sense in
> this regard: He suggested that the display is visible from a public
> place and so should be subject to the same exceptions as
> publicly-displayed artworks and works of architecture. But that still
> is problematic. Can I videotape a play or ballet that is given in a
> public place without violating copyright in the work? I suspect not.
> Copyright isn't limited by forum.
>

Section 109 has a limitation on public display, but not public *performance.* So the fact that this work is a performance means that you can't just perform it wherever you like.

Regarding taping and rebroadcast, my impression of the cases is that both performance and display rights preclude broadcasts without permission. Fair use *may* help in the news context, however.

Mark

Mark Lemley
Visiting Professor, Boalt Hall School of Law University of California at Berkeley (fall 1998) mlemley[_at_]mail.law.berkeley.edu
Professor of Law
University of Texas School of Law
Of counsel, Fish & Richardson P.C.
mlemley[_at_]mail.law.utexas.edu Received on Mon Oct 12 1998 - 18:26:27 GMT