Category: Public Display Rights

Filmmaker Ungrateful About Claimed Copyright Infringement

Filmmaker Ungrateful About Claimed Copyrighted Infringement

 

The Back Story for the Copyright Infringement Lawsuit

 

Grateful Dead copyright infringement
Grateful for copyright law

A California filmmaker, Len Dell’Amico, is suing the Grateful Dead for copyright infringement over his allegation that the band leased documentaries and concert films that he created and owned. This long, strange trip begins in 1980 when Dell’Amico, a NYU film and television grad, first worked with the band on it’s live TV broadcast and home video ‘Dead Ahead.’ Dell’Amico would go on to be the Dead’s ‘film and video guy’ for the next 11 years, producing and directing their film projects from 1984 to 1991. Dell’Amico also claims in his lawsuit that they negotiated a deal for back-end compensation from the video release of these works. The years rolled along and, in late 2006, Grateful Dead Productions leased the films to Rhino Entertainment for 10 years. Rhino never credited Dell’Amico for producing and directing the films, nor paid him the promised back-end compensation (“royalties”). The lawsuit was on.

Failure to Register Copyrights Creates a Problem

 

But here’s the rub: Dell’Amico never applied to register any copyrights to the films until recently. The registrations are currently pending at the U.S. Copyright Office. Dell’Amico lacks definitive proof that he actually owns the right to the films. And this is exactly what the band is arguing. The Grateful Dead recall things differently from Dell’Amico and claim he was only a hired gun to produce and direct their films. The band owns all rights to the films because Dell’Amico was compensated for his work and their arrangement kept copyright ownership with the band. As it stands, without the clear proof of copyright registration, it’s a he said, they said matter.

Copyright Ownership Can Still be Proven in Other Ways

 

This doesn’t mean that Dell’Amico’s lawsuit is busted down on Bourbon Street. A 2002 agreement for a Grateful Dead documentary “So Far” gives Dell’Amico a 50 percent cut of the film’s revenue up to $25,000 and 15 percent of gross income over $750,000. This agreement does provide some proof that Dell’Amico created and owns the rights to the films that are the subject of his lawsuit. That agreement clearly came about because there was a belief Dell’Amico owned the copyright to the film. It may also show that he owns the copyright to the films that are the subject of his lawsuit.

Two Important Lessons from this Copyright Infringement Lawsuit

 

However the lawsuit plays out, the dispute highlights two important principles. The first is an overwhelming reason to register your copyrights. Dell’Amico likely would have a much easier time proving his allegations if he had taken the time to register any copyrights two decades ago. This lack of foresight could cost him big time. The second is over the issue of copyright ownership. If you are hired to create works that are covered by copyright law (music, film, television, dance, etc.), an important part of that arrangement is who keeps ownership of the copyright to the works.

Add a comment to share your own story or your thoughts on these issues.

Ari Good, JD LLM, is an experienced Miami entertainment lawyer and aspiring musician himself who represents DJs, live musicians, fashion models, and other entertainers in copyright, licensing, and contract matters.

For a free and confidential consultation to discuss your legal rights, contact Ari of Good Attorneys at Law, P.A., in Miami-Dade County at (239) 216-4106 or toll free at (877) 771-1131 or by email to info@goodattorneysatlaw.com.

Image by Gazerocker

The Six Rights of Copyright – Part V: The Right to Public Display

The Six Rights of Copyright – Part V: The Right to Public Display

 

Public Display and the Bundle of Rights That Make Up Copyright 

 

This is the fifth part in our series on what makes a Copyright, the right to public display.  The prior four rights reviewed are linked below for you to get up to speed.  To refresh, the six parts of copyright are:

To try to get behind the curtain of copyright, we’re individually exploring each of these six rights.  An understanding of each and how they operate will allow you, the creator, to be in a better position to take advantage of your copyright.

There are a couple words of caution.  First, the practical effect of these exclusive rights will depend on the type of copyrighted work (literary works, musical works, motion pictures, sound recordings, etc.).  Second, these are exclusive rights.  The law allows only the copyright holder to exercise these rights.

V: The Right to Publicly Display the Work

 

Copyright owners have the exclusive right to display or permit others to display the copyrighted work publicly. The public display right is similar to the public performance right, except that it is applicable to public “display” rather than a performance.  This right applies to musical works (the lyrics, composition, and arrangement), but not to sound recordings (a particular version of a musical work).

The Right to Public Display Protects what People can See

 

Right to Public Display
Sheet music on public display

A public display of copyrighted means to show a visual copy of the work to others.  This covers individual images (stills) from a film, reproductions of paintings and drawings, sheet music from a musical works, or photos from other performance pieces.  Public display can occur directly or indirectly through the use of film, slides, or television.  It’s important to bear in mind what is a pubic display vs. a private display.  In general, it’s a private display if you’re showing a work to a small circle of family and friends.  It’s a public display when the showing goes beyond that small circle of family and friends.  See the prior article on the right to public performance for more detail.  A museum exhibit, a television show, or transmission vis the internet are good examples of public displays.

Limitations on the Right to Public Display

 

An important limitation on the right to public display covers the situation when a person buys a lawfully made copy of the copyrighted work. Under this scenario, the owner of the copy can display it directly (e.g. the buyer of a copy of a DaVinci painting can display in their office).  The owner can also display it indirectly, but only one image at a time (e.g. the buyer of a music video cannot display the entire video, only a still).

The ubiquitous Fair Use exception to copyright protection can come into play for the public display right, too.  Other limitations to the right of public display are out there, but are beyond the scope of this article.

            – Ari Good, Esq.

Ari Good, JD LLM, is an experienced Miami entertainment lawyer and aspiring musician himself who represents DJs, live musicians, fashion models, and other entertainers in copyright, licensing, and contract matters.  For a free and confidential consultation to discuss your legal rights, contact Ari of Good Attorneys at Law, P.A., in Miami-Dade County at (239) 216-4106 or toll free at (877) 771-1131 or by email to info@goodattorneysatlaw.com.  Visit goodattorneysatlaw.com  for more information.

Image by Josh Gross