Clothing Company Sues CBC Over Copyrights For Taping A Fashion Show
from the what-copyrights? dept
Rob Hyndman points us to the news that the Canadian Broadcasting Corporation (CBC) is facing a copyright lawsuit for sneaking into a fashion show and filming it. As the article notes, since the event was held on private property, you can make a reasonable argument for trespassing. But copyright? The fashion company is claiming that it should be able to copyright its fashion shows as a "performance," but it's difficult to see how a fashion show, by itself, is covered by copyright (what's the fixed expression?). A film of it would be covered, but in this case, the filming was done by the CBC, so it should own the copyright. The fact that only a limited number of press were invited, and they signed agreements limiting how they would distribute any recordings of the event shouldn't have any bearing on the copyright question at all. There are some other odd claims in the complaint, such as the fact that the cameraman acted "aggressively" when confronted. I'm unaware of any part of copyright law in which that would matter. All in all, this seems like yet another attempt to abuse copyright law based on a false belief over what it covers, and a misguided sense of "ownership."
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Filed Under: copyright, fashion shows
Companies: cbc
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This "copyright" claim sounds like just another mindless "Mom!!! Billy took my toy!" whine from yet another mollycoddled toddler.
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Copyright
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Re: Copyright
eg. If you take a shot on my camera, with my film, I own that image. If I take a shot on your camera, you own it.
Cameramen sometimes use company equipment, but some cameramen work for hire and own their cameras and bring those to a shoot.
There should be a very stiff penalty for falsely asserting copyright. This is getting beyond ridiculous.
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could you call it theft of services
Depending on the jurisdiction. If the place being filmed was not viewable from public avenues, and their was an expectation that the owner of such venue has all rights to how his property is being used. How about "theft of services?"
Either way, the fashion buffs here may not be able to get CBC for copyright ills, but they can definitely get creative and get some monies by compensation or even bar CBC from using said spy footage.
The fashion show owner is on the right path but the copyright complaint needs more polish. He should be able to get CBC for something though.
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Re: could you call it theft of services
And I'm not 100% sure about this, but I *think* that in most cases, you must ignore a request to stop what you are doing and leave *before* that trespassing charge can stick.
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But it wasn't the recording that was copied, was it? It was the live "action"? Now a play can be copyrighted, as can dance choreography, but can simple directions -- wear this and walk this way?
I tried to register something kind of analogous for a client -- a carefully planned opening "procession" for a sporting event. The (US) copyright application was rejected because the only choreography permitted in the deposit was recognized dance notations. They wouldn't accept a video of the procession.
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Copyright
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classic eyeglasses
Very happy I can comment here! Best wishes for this year.
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