Copyright law

[Nelson Abrams]

What is the name of your state?

new jersey

The principal of a k-8th grade school in warren county, new jersey has stated that the videotaping of school concerts and performances (such as a holiday concert) are not allowed due to copyright infringement laws. many parents are upset because these are moments in time that will never happen again, and many of us want to record these moments as precious memories. since these videos will never be used for commercial distribution, wouldn't the legal term"fair use" apply to such situations? does the principal have the right to prohibit videotaping due to copyright infringement concerns?

 

[HomeGuru]

What is the name of your state?

new jersey

The principal of a k-8th grade school in warren county, new jersey has stated that the videotaping of school concerts and performances (such as a holiday concert) are not allowed due to copyright infringement laws. many parents are upset because these are moments in time that will never happen again, and many of us want to record these moments as precious memories. since these videos will never be used for commercial distribution, wouldn't the legal term"fair use" apply to such situations? does the principal have the right to prohibit videotaping due to copyright infringement concerns?

**A: that is a lame reason. What do they think the school performers are? The Rolling Stones?

 

[racer72]

In a similar situation in Washington state, the court upheld a principal's decision to not allow videotaping of a high school band performance. The judge also used the Rolling Stones in her decision, saying "whether the Rolling Stones or a high school concert, all are original performances and subject to the copyright laws of the state. It also shields the school from other problems should a copy of a video tape be used for a purpose other that personal entertainment. An example of this is a couple watching a television show that plays clips of home videos. A clip of their son suffering a severe injury during a basketball game was shown on the broadcast, the host even making jokes during the showing of the clip. All parties involved were sued, the television production company was not held liable based on the release the tape owner had signed, the tape owner and school that allowed the taping despite sign banning camcorders from the gym had to pay a 6 figure settlement. Camcorder and recording devices are also banned from a local playfield where my grand daughters played T-ball this past summer.

 

[Nelson Abrams]

I understand the concerns when a situation such as a videotape is shown on national or local television, but what about my rights as a parent? All I'm asking is to have my memories saved so when I'm in my "golden years" my wife and I can look back at our son or our daughter singing in the school concert. Isn't there a situation where the parents can sign some sort of a waiver with the school making the school not liable for any kind of copyright infringement? The situation with the basketball injury is not a copyright situation, but more of not getting permission from the injured basketball player or the permission parents of the basketball player, and the school not inforcing its no videotape policy. The television program should have checked the school's policy before airing the tape.

So bottom line is that the courts will inforce a no videotaping policy even when my sole purpose is to have some memories in the future. So much for my rights as a parent.