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Old January 7th, 2009, 06:23 PM   #8
Chris Barcellos
Inner Circle
 
Join Date: Nov 2005
Location: Elk Grove CA
Posts: 4,874
Quote:
Originally Posted by Jerry Wiese View Post
Can you please answer the question both ways-- I do own the rights for performances in question, which include public domain music. But let's say I don't own the rights for performances that include recorded popular music. What then?

I would really be interested in both answers... but I can guess where you're going with this. If I didn't own the rights to music in the performances that I shoot and sell, then I can't copyright the DVD, and I am infringing on the music rights. But does that mean the Copyright Lawyer is perfectly within his right to use video of his daughter however he pleases, whether Fair Use or not? Wouldn't he also be infringing on the copyrighted music?
Jerry:

You live in Georgia, and each state may have different laws that can interact and affect federal copyright law. Photographing of children without explicit permission, may raise issues. You have a complicated set of facts here, that requires review by an attorney of any release documents, contracts, local and federal laws. Get advice from a local attorney, if it is a big issue.

But to your question of Copyright attorney himself breaking the law, your standing to protect someone elses copyright rights is the issue. You likely don't have the right to enforce someone elses copyright rights, unless there is statutory provision that provides for it, or you have been assigned the right.
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Chris J. Barcellos
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