HooKooDooKu
<font color=orange>Only thing that beats a trip to
- Joined
- Oct 8, 2003
- Messages
- 1,871
...Too bad some people choose to break the rules and catch copyrighted material on film...
Interestingly enough, a live performance isn't a copyrightable material... at least not like a movie is.
It's been discussed here before. Years ago, there was someone who had managed to video tape some of the DCL shows and was selling them on eBay. Disney lawyers tried to halt the sales of these materials, but other lawyers fought back. While I do not remember the details, I believe it basically came down to two points:
1. The person who shot the video had a legal right to be in the theater.
2. The "rule" of no video cameras is apparently not a legally enforceable rule.
Now sure, if security catches you doing it, they might try to ask you to stop and if you do not, escort you out of the show. I'm sure they can legally do so from the perspective of claiming your actions are being a disturbance and therefore you are being removed for being a disturbance.
But once you manage to made a video of a live performance you were legally entitled to attend, you are the one that actually owns the copyright to the footage you took. This is why these videos continue to be sold.
Now by contrast, taking a video of a movie IS a copyright issue. In that case, you are effectively making a movie of a movie, and that is basically an analog copy of the movie.
But taking a video of a live performance is not a "copy" of the performance, and so copyright laws do not apply. From a legal perspective, I believe your recording is considered a copyright work of art because you decided what angle to capture this performance on film.
Think of it this way... think of video photography like still photography. If you take a picture of the Disney Magic, you own the copyright to that image, and Disney can not prevent you from selling that image claiming a copyright on the look of their ship.