Copyright ruling makes school band performances expensive

Denver, Colorado
January 18, 2012 7:24pm CST
I just watched our local news and I am still reeling from the Supreme Court ruling about copyrights in the public domain. Don't know how schools are going to deal with paying for the music they perform or any other performances that infringe on copyrights that are already in the public domain. In fact, any music performer will be forced to deal with it before they can perform even the National Anthem. Probably have to hire an attorney to keep up with your possible infringement. Even a child performing some song on youtube would be liable or even if they walk down the street singing or whistling one. This sure looks like a nightmare no one ever expected. What do you think?
2 people like this
5 responses
@much2say (53944)
• Los Angeles, California
19 Jan 12
Wow. I'm not up on the laws - but I had wondered when it would come to that. I'm a figure skater - and I'm not sure how the "real" up there skaters deal with this issue. I know when I competed, I used whatever music I wanted as everyone else did too - I/we never made money off it of course. I need to read up on how strict they are getting now . . . OY if they get anyone for humming something in public!!
• Denver, Colorado
23 Jan 12
From what I've read so far, it is going to be awful. I do know if you change something with 7 distinct changes, the copyright does not apply from the original work. I can see why there are different versions of songs where the words aren't the same, and I'm sure some of the notes aren't either the same. But with all things legal, who is going to enforce the law? Civil lawyers will or can, and always have been able to file against someone. Unfortunately, the burden of proof lies on the copyright holder who files suit against someone.
@blue65packer (11826)
• United States
19 Jan 12
This is the first I heard of this! I think it is really a dumb idea! Leave it to the goverment to make this ruling! If bands can't perform any songs then there is no use for a band in the first place! I don't want that to happen! With out music is school kids lose on alot! Enough said!
• Denver, Colorado
19 Jan 12
Wish it was an idea, but it is law, the law of copyrights. For years, copyright law has been ignored a lot. As I was thinking earlier this evening, when you buy a piece of sheet music, what are you buying if not the right to use it as you see fit? But what happened in this case was a college band director went all the way to the Supreme Court with a case about music they played in a performance that they were being sued over paying royalties to the copyright holder. He tried to defend himself with the public domain defense and he lost. A band who performs their own original work, has no problem. But what about even classical music who you don't even know if there is still a copyright on it? The band director conservatively estimates it will cost him a minimum of $800 for each performance of his college band and the school cannot afford that.
@beamer88 (4259)
• Philippines
19 Jan 12
I have only a general idea of the copyright infringement laws, so I might not be aware of some exceptions to this or for that matter, what really constitutes copyright infringement. I mean, when can you use or not use music already in the public domain. But I'm hoping there are exceptions since you're right that this could turn out to be a nightmare for a lot of people if people have to pay for royalties each time they sing or use copyrighted music.
• Denver, Colorado
19 Jan 12
As I understand it, without reading the ruling but going by the news report, there is no "public domain" exceptions. That means all the postings on YouTube done without permission of the person with the copyright, are in violation of US Law. All performances of any song that has been copyrighted, no matter how minor, are in violation. We think the courts are full of law suits now, imagine what this could mean. Imagine what it would be like for all the performers trying out for American Idol or for Idol to pay all the fees on the songs performed!! Ouch!!
@Kalyni2011 (3496)
• India
24 Jan 12
I am from india, i don't have much knowledge about rules and regulations of your country, even of my country!!!!! At times i find some of our laws not comfortable at all. Thanks for sharing in details Happy posting, cheers. Kalyani
@Mashnn (4501)
19 Jan 12
It will be so hard for most people. I just do not think whether this was the right thing for the supreme court to do.
• Denver, Colorado
19 Jan 12
Right or wrong isn't the question, it is a matter of the letter of the law. The Supreme Court only interprets the law. Unless congress finds a law that makes exceptions, there are none.