Ownership and copyright

'Is it legal', 'can I do this' type questions and discussions.
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ADR
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Ownership and copyright

Post by ADR » Thu Aug 30, 2012 9:52 pm

Hi , if somebody could help me here it would be great.

As an Opera singer I have attended a young singers festival were on the application form the following was stated

6) All video, audio, photographs and interviews made from your participation at the 2012 *** will remain the sole property of ***. All singer's performances at *** may be broadcasted, recorded and published on the program’s website, internet or an equivalent media. Camera crews may also photograph all events. Neither *** nor its directors may be held liable for any payments to the participants arising out of performances and artistic materials made at the 2012 ***.

in order to enrol I have signed the form ( including the clause, Location Austria )

did I give all my rights away or do I still have the possibility to stop them using any recordings made of me performing ?

Thank you for your help.

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AndyJ
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Post by AndyJ » Fri Aug 31, 2012 8:01 am

Hi ADR,
This answer is based on UK law, but see my final comments concerning the law which probably applies.

I think that by agreeing to those entry terms you have effectively signed over your reproduction right for anything which happens to be recorded. By signing you have also waived your right to prevent the exploitation (either commercially or otherwise) of any recording (known, as applicable, as the distribution right, the lending right, the rental right and the making available right). It also appears that you have waived your moral right to be credited as one of the singers on any such recording. You can read the full law on these topics here or in a slightly more readable, though less authoritative, format, here.

The organisers have disclaimed liability for any payments to which you would be entitled under UK law, meaning that you would need to pursue the person or company who actually makes the recording(s) to ensure you receive your equitable share of any remuneration to which you may be entitled.

Unfortunately the Unfair Contract Terms Act 1977 does not apply to intellectual property and so is of little assistance here in determining whether these sort of conditions, which are relatively common, could be challenged after the event.

I assume that you live in the UK, and that the words "location Austria" which appear in you post, refer to the location of the festival. I am less clear if the organisers are also based there and whether they are either implicitly or explicitly saying that Austrian law shall govern this agreement. I have to assume this is the case, and so you really need to seek further advice about how Austrian law applies in this area, since at all material times that will be the correct jurisdiction. However, Austria is (like the UK) a signatory to the 1971 Rome Convention and so the majority of their law in this area is likely to mirror UK law.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

ADR
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Post by ADR » Sun Sep 02, 2012 11:29 am

Hi AndyJ,

Thank you for this extensive reply. I was more or less afraid of that. Nevertheless very helpful !

Kind regards,

ADR

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