Klarinet Archive - Posting 000163.txt from 2012/01

From: Tim Roberts <timr@-----.com>
Subj: Re: [kl] community bands
Date: Fri, 27 Jan 2012 12:57:09 -0500

Lee Ann wrote:
> ... As long as a band is not charging the audience for attending
> a performance (except as a matter of defraying expenses) there really
> should be no problem. It's when a band wants/needs to start charging admission
> or accepting donations or finding resources for funding that the director
> or anyone else responsible needs to look into what the rules are.

No. You need to look into what the rules are REGARDLESS of your
situation. The phrase "there really should be no problem" is one that
gets a lot of people into trouble. I have said before there are two
aspects to every copyright question: "is this a violation?", and "am I
likely to get sued?"

You are correct in thinking that you are unlikely to get sued over
performance rights on a free concert, but that doesn't necessarily mean
you are in the clear. Was the director paid? Did you pay someone to
tape the performance? Did you pay a ringer? Any of those things could
be interpreted as "direct or indirect commercial benefit" and kill the
exemption.

We all need to be aware of these issues. We might rationally decide
that we are safe, but we need to make sure our justification is one we
could justify in front of a well-dressed lawyer.

--
Tim Roberts, timr@-----.com
Providenza & Boekelheide, Inc.

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