Can You Copyright a Live Performance You Recorded?
Copyright is a complex legal concept, often misunderstood when it comes to live performances. Here, we explore the intricacies of copyrighting a live performance you recorded and the rights involved. Depending on the circumstances, there may be specific nuances to consider.
?? Understanding Copyright and Its Application
Copyright is an automatic right created the moment an original work is fixed in a tangible medium of expression. Whether it's written, recorded, or performed live, the creator owns the copyright to it. Performers and songwriters typically hold their respective copyrights. When you record a live performance, you are likely the copyright owner of the recording itself, not the musical composition.
?? Ticket and Rights Clause
It’s important to check the terms and conditions of the ticket you purchased. Many event organizers include clauses stating that the content recorded at the live event is the property of the artist or the event organizers. Therefore, even if you record a live performance, the copyright of the performance itself remains with the artist. If you record a live performance and attempt to claim it as your own, you would be infringing on the artist's rights.
?? Unauthorized Recording
If you record a performance without the artist’s permission and distribute the recording, you could infringe on their rights. The artist retains the copyright of the performance, while you would own the copyright to the recording. Therefore, the artist can take legal action against you if they disagree with your distribution.
?? Authorizing a Recording
Provided that the performer has given you explicit permission to record and release their performance, you can hold the copyright to the recording. However, the performer retains the copyright to the original composition, unless they have assigned it to someone else, such as a writer or publisher. For example, if you write a song, and someone records you performing it, they own the copyright to the recording, and you own the copyright to the lyrics and music.
?? Removing the Composition from the Recording
It's crucial to note that while the artist retains the rights to the composition, the elements of the recording are also protected by copyright once they are fixed in a tangible form. If you wish to remove or isolate a performance to avoid copyright infringement, it is more complex and may require additional legal considerations.
?? Recording Without Permission
If someone performs a song live without your consent and you record it without permission, copyright law does not grant you the rights to distribute the recording. The copyright holder, who could be the artist, songwriter, or publisher, retains all rights to the performance and composition.
?? Distribution and Law
According to 17 USC 102, a performance is not fixed in a tangible medium unless it has been recorded in some form. Therefore, if you distribute a recording of a live performance without the artist's permission, you are likely to be in violation of copyright law.
?? Limited Protections
While the recording of a live performance without permission is generally an infringement, if you record a performance without permission and do not distribute it, the copyright holder may not have grounds to sue you. However, the copyright holder can still sue for infringement if the recording is distributed or used in a way that violates their exclusive rights.
?? Conclusion
When it comes to recording and copyrighting a live performance, it is essential to respect the rights of the performers and composers. If you wish to record and distribute a live performance, it is best to obtain explicit permission and be aware of the rights associated with the performance and the composition. Misunderstanding these rights can lead to legal troubles and financial penalties. Always double-check the terms of any event you attend, and if in doubt, seek legal advice.
Remember, copyright protection is always in effect, whether online or offline, and it is crucial to understand who owns the rights to a performance and how you can lawfully use them.