All fun and games until the law gets involved....

Remember those early college years when you're having fun at a local party or event, perhaps even a music festival, and something transpires to cause law enforcement involvement? That doesn't mean that the good time is over only for you but there are serious consequences to the people who are producing the good time. It's all fun and games until the law gets involved.
Imagine event production as your career, once you get past all of its' appeal you realize the liabilities that you need to be prepared for. One of the liabilities that came to mind was playing music at the event and the copyright laws it could encounter; almost any great event will have music playing at some point. Public performance is a large current issue in copyright laws and can be defined as "an activity that is open to the general public and to which any person has access to, not including involuntary attendance or an institutional membership event. Even a ringtone was up for debate on whether that was considered a public performance; however it was decided that one did not need an ASCAP license in order to download a ringtone because it is not for the purpose of sharing it with large groups of people nor available to anyone who did not purchase the download, as discussed in the Entertainment Law Update podcast. The biggest reason it was under debate is because of the copyright and controlling the ability to perform that recording.

Another time it could be considered a potential copyright issue is when you hire a cover band for a performance because music is considered an intellectual property. Although intellectual property still has their own provisions within the rules depending on which aspect of "property" is involved, whether it be music, performing arts, etc. This was a fascinating concept, as I was recently pondering how bands were able to cover their own versions of someone else's songs legally; such as the "Still Fly" cover that The Devil Wears Prada remade from the original Big Tymer's version, or the "Since You've Been Gone" Kelly Clarkson cover by A Day To Remember. Professor Michael Caroll of Villanova University explained that the cover band "doesn't need to ask the composer permission", they just need to pay the fee for the cover version. As long as the fee is paid prior, then no one is at risk for copyright infringement.

 Speaking of cover bands and public performance, there is another copyright issue that could occur if someone were to record the special event (whether it be the producer or an attendee). Mark Schultz explains that "copyright plus technology allows a performer to tap into the rising technological way and participate in the productivity growth that the rest of the economy is enjoying but taking a little bit of the gains that are coming from technological change." However, depending what will be done with the recording after the event depends on the steps needed to be taken to ensure that the law is followed. Being an artist is going to benefit most from a digital performance by distributing it, there should be a DART Sect. 1003 license obtained as well as authorized consent from the artists. The lack of obtaining these two requirements could result in a copyright infringement case with low expectations of coming out in the clear.

It is safe to assume that there are many factors to consider when dealing with copyright infringement. Whether it's abiding by the rules for a public performance, researching the use of intellectual property or obtaining the proper licenses and authorizations for recording the special event, the copyright laws of music is a vast area to cover. However, holding a successful and memorable event requires the use of music as a great entertaining platform for it's attendees. So the next time you plan an event make sure to bring the law in the proper way to ensure that the fun and games continue!