Probably an Easy Answer-Re Use of Videos After I Left Band

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Latest post Thu, Feb 12 2015 10:04 AM by ca19lawyer2. 7 replies.
  • Wed, Feb 11 2015 11:59 AM

    • LCakaCK
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    Probably an Easy Answer-Re Use of Videos After I Left Band

    I played in a band as a back up member. The band singer/songwriter owns rights to logo and original music. During the time playing a few videos were made of the band during live shows. I was told I had to remove the videos from my youtube and facebook accounts, which I did. The band logo was not used in any of the videos and they are a combination of cover songs and originals.

    1. Did I have to remove them? I am not claiming any copyright.

    2. They continue to use the videos to promote the band. Are they allowed to do so without my consent? (If I am allowed to use the videos, I would provide my consent, but if I can't I don't want myself in their videos.

    I know it sounds petty, but promotionally, it really isn't.

    Thank you in advance.

  • Wed, Feb 11 2015 1:13 PM In reply to

    Re: Probably an Easy Answer-Re Use of Videos After I Left Band

    LCakaCK:
    The band singer/songwriter owns rights to logo and original music.

    When you say that he "owns the rights to . . . original music," I'm assuming you are talking about the copyrights in the musical compositions of the band's original songs (and perhaps also copyrights in the sound recordings and/or audiovisual recordings of those songs, but not necessarily).

     

    LCakaCK:
    I was told I had to remove the videos from my youtube and facebook accounts, which I did.

    Told by whom?

     

    LCakaCK:
    1. Did I have to remove them? I am not claiming any copyright.

    You need some basics of copyright law.  Let's say that John and Paul write a song.  Under U.S. copyright law, they own the copyright in their musical composition as soon as the composition is "fixed in a tangible medium of expression" (e.g., in the case of a musical composition, as soon as they make any sort of recording of the song or write out the music and lyrics).

    John and Paul take the song to their bandmates who like the song and decide to make a recording of the song.  That recording is paid for by all of the band members; the recording and mixing are done by a friend of the band, Stu, who takes input from all of the band members.  That recording is protected by a copyright that is separate from the copyright in the musical composition.  While John and Paul own the copyright in the musical composition, under the circumstances mentioned, all of the band members, together with Stu, likely own the copyright in the sound recording.

    The band then decides to create a video for the song.  For the sake of simplicity, let's say that the band simply sets up a video camera to record the band lip syncing to the sound recording.  The video would be protected by yet another separate copyright, which would be owned by the same persons as the sound recording.

    The sound recording incorporates the musical composition and was make with the permission of the owners of the copyright in the musical composition.  Likewise, the video incorporates both the musical composition and the sound recording and, obviously, was made with the consent of the owners of those copyrights.

    The band's drummer, Pete, puts the video on his YouTube channel.  As an co-owner of the copyright in both the sound recording and the video, he has the legal right to do so.  Let's assume he also has at least John and Paul's implicit consent with respect to the musical composition copyright.  After a while, Pete leaves the band.  As a co-owner of the copyrights in the sound recording and video, Pete has the right to continue to exploit both of those works.  That is true even though Pete does not own any part of the copyright in the musical composition, and even if John and Paul demand he stop exploiting the sound recording and musical composition.  Why?  Because the sound recording and video were made with John and Paul's consent.

    Getting back to your situation, since you are not a writer of the songs (and presumably did not acquire any interest in the copyrights otherwise), unless you own an interest in the copyright in the videos (or in any sound recording incorporated into the video), you do not have the legal right to continue exploiting the videos.

     

    LCakaCK:
    2. They continue to use the videos to promote the band. Are they allowed to do so without my consent? (If I am allowed to use the videos, I would provide my consent, but if I can't I don't want myself in their videos.

    This all comes down to copyright ownership.  If the band's singer wrote the songs (and, therefore, presumably owns all of the musical composition copyrights), then that's all that's needed (and, of course, any other copyright owner can give the band permission as well).  That you happen to have appeared in the video makes no legal difference at all.

    For what it's worth, this is why band's have band agreements once they reach a certain level of notoriety.  Those sorts of agreements typically have extensive section that address issues relating to leaving band members and new band members.

  • Wed, Feb 11 2015 1:57 PM In reply to

    • LCakaCK
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    Re: Probably an Easy Answer-Re Use of Videos After I Left Band

    ca19lawyer2:

    LCakaCK:
    The band singer/songwriter owns rights to logo and original music.

    When you say that he "owns the rights to . . . original music," I'm assuming you are talking about the copyrights in the musical compositions of the band's original songs (and perhaps also copyrights in the sound recordings and/or audiovisual recordings of those songs, but not necessarily).

     

    They wrote the original music and recorded it. They paid to record. They're not on any music label and reproduce the CD's on their own. The sound recordings are copywritten. I did not play on them.

    The videos in question are not professional recordings. They were recorded by a friend on my phone!!!

     

    ca19lawyer2:

    LCakaCK:
    I was told I had to remove the videos from my youtube and facebook accounts, which I did.

    Told by whom?

    Told by the person who wrote the originals and "leads" the band.

     

    ca19lawyer2:
    Getting back to your situation, since you are not a writer of the songs (and presumably did not acquire any interest in the copyrights otherwise), unless you own an interest in the copyright in the videos (or in any sound recording incorporated into the video), you do not have the legal right to continue exploiting the videos.

     

    See above regarding the videos. We're talking very low level band here.

     

    ca19lawyer2:

    LCakaCK:
    2. They continue to use the videos to promote the band. Are they allowed to do so without my consent? (If I am allowed to use the videos, I would provide my consent, but if I can't I don't want myself in their videos.

    This all comes down to copyright ownership.  If the band's singer wrote the songs (and, therefore, presumably owns all of the musical composition copyrights), then that's all that's needed (and, of course, any other copyright owner can give the band permission as well).  That you happen to have appeared in the video makes no legal difference at all.

    What about the cover songs?...and the fact that basically I made the videos?

     

     

     

     

     

  • Thu, Feb 12 2015 8:18 AM In reply to

    Re: Probably an Easy Answer-Re Use of Videos After I Left Band

    That your former band "very low level" doesn't make any difference.  The copyright laws are the same for Rush as they are for Joe's garage band.

    LCakaCK:
    What about the cover songs?...and the fact that basically I made the videos?

    The copyright owner has the right to prevent you from using a copyright-protected work.  A person who does not own any relevant copyright has no such right.  If you have a video of your former band performing "Stairway to Heaven," as opposed to an original song written by one of your former bandmates, then your former bandmates have no right to prevent you from publicly performing/displaying that video on YouTube and other similar sites unless your former bandmates can legitimately claim ownership of the copyright in the video.  If your friend shot the video and doesn't object, then your former bandmates have no ability to prevent you from showing the videos.

    Given your statement that your friend recorded the videos, I don't know what you mean when you say that you "basically . . . made the videos."  That your friend used your phone doesn't make any difference.

  • Thu, Feb 12 2015 9:20 AM In reply to

    • LCakaCK
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    Re: Probably an Easy Answer-Re Use of Videos After I Left Band

    ca19lawyer2:
    That your former band "very low level" doesn't make any difference.  The copyright laws are the same for Rush as they are for Joe's garage band.

     

    My point was meant to reflect that it wasn't a fancy, professionally recorded video. Point is besides the point though, so thank you.

     

    ca19lawyer2:
    The copyright owner has the right to prevent you from using a copyright-protected work.  A person who does not own any relevant copyright has no such right.  If you have a video of your former band performing "Stairway to Heaven," as opposed to an original song written by one of your former bandmates, then your former bandmates have no right to prevent you from publicly performing/displaying that video on YouTube and other similar sites unless your former bandmates can legitimately claim ownership of the copyright in the video.  If your friend shot the video and doesn't object, then your former bandmates have no ability to prevent you from showing the videos.

     

    Thank you very much. The particular video I want to show is a cover. While the band leader has two other covers on the original album, and claims to have the permission, this particular song is not on any of his recorded media. Thank you again. You answered my question completely.

  • Thu, Feb 12 2015 9:22 AM In reply to

    • LCakaCK
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    Re: Probably an Easy Answer-Re Use of Videos After I Left Band

    ca19lawyer2:
    If your friend shot the video and doesn't object, then your former bandmates have no ability to prevent you from showing the videos.

     

    Can I (or my friend) copywrite the video?

  • Thu, Feb 12 2015 9:23 AM In reply to

    • LCakaCK
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    • Joined on Wed, Feb 11 2015
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    Re: Probably an Easy Answer-Re Use of Videos After I Left Band

    ca19lawyer2:
    If your friend shot the video and doesn't object, then your former bandmates have no ability to prevent you from showing the videos.

     

    Can I (or my friend) copywrite the video?

  • Thu, Feb 12 2015 10:04 AM In reply to

    Re: Probably an Easy Answer-Re Use of Videos After I Left Band

    "Copyright" isn't a verb, so no.  You can try to register the video with the U.S. Copyright Office, and that's what most folks mean when they use "copyright" as a verb.  As my prior response mentioned, it's not clear to me that you own the copyright.  Maybe your friend does and, while cell phone videos may be protected by copyright just as "fancy" videos, I'm not sure it's worth paying the registration fee for a cell phone video of a band playing a cover song (but that would obviously be up to him).

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