Re: Copyright for dance on web?

From: Kent De Spain (despaink@earthlink.net)
Date: 05/29/02


Robbie,

        As you probably already know, the answer to your question is that you are
entering the fuzzy zone of copyright law. I am no expert here, but I believe that
the practical answer is that if you have already obtained permission for the use
of particular music for performance, it is very unlikely that the holders of that
copyright will come after you for a BRIEF use of a documentation of that work. But
the difficulty comes in that word brief. I believe that if there is enough of the
copyrighted material available in this new medium to be considered another kind of
performance that you have crossed the line. The answer to your question of whether
we should begin to seek a new kind of permission is YES. If we maintain websites
or send out DVD-ROMs of works or performances, that should be mentioned when we
seek permissions. Along the same lines, we should also be getting release
permissions from the artists involved in the performance and design of a work to
use images or excerpts of that work in other media. That is what we should do. But
the pragmatic addendum is that we often forget, and it is very unlikely that
anyone will notice or care, dance and particularly dance and technology being so
marginalized within western cultures (with a very few exceptions).

        Any other thoughts out there? Kent De Spain

Robbie Shaw wrote:

> Hello All:
>
> I'm wondering if any of you have information about the legalities of placing a
> video clip of dance on the web.  What we're concerned about is the use of
> music when showing choreography on the web.  If permission has been secured
> for performance, then does that extend when showing a work for portfolio
> purposes?  Video on the web is an exciting way for dancers to make their
> portfolios accessible, and it's a great way for us to see what's going on in
> remote places.  Do we need to start negotiating our musical rights
> differently, so that they include permission to post on the web?
>
> I'm also wondering if maybe the presentation of excerpts on the web could
> protect those showing work without permission for this context.
>
> Any information or thoughts would be MOST appreciated.
>
> --
> Roberta Shaw
> Instructor and Researcher - Dance and Technology
> Dept. of Dance - The Ohio State University
> 1813 N. High Street
> Columbus, OH 43210-1307
> 614-292-6833
> shaw.146@osu.edu



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