Sunday, September 12, 2010

Battle of the Bands Conundrum

Check out the short story of this high school videographer:    Newman's Story

1.  Do you think she did anything wrong?  Explain.

2.  Theoretically...what about the money for the sale of the tapes/CD's?  Who should get a cut?
  • School?  
  • Performers? 
  • Metallica? 
  • No one! It all belongs to Newman
3.  21st Century students have cameras in hands fairly often.  What things should students consider when shooting video to avoid a visit to the principal's office? 

4.  How does YouTube factor into this discussion?

5.  ONE WORD ANSWER -> Do you think digital citizenship should be taught in the school curriculum?


  1. 1. I don't think she did anything wrong, she paid to get into the show, and nothing on the ticket said she couldn't record the show. The school before hand would have to explicitly state she couldn't record the show so they have no case against her.
    2. No one! It all belongs to Newman
    3. Nothing, freedom of the press, as long as it is nothing explicit, etc, child porn
    4. Like i said before as long as it is nothing explicit, and it is with in youtube terms, its free game
    5. No

  2. 1) While filming the show for personal use and perhaps a copy for a sibling might not seem like that big of a deal it is still ignoring the intellectual property of the performers to say nothing of the band that played the Metallica songs. The more immediate outrage is selling the copies for personal gain.

    2) As for where the money should have gone, as a school sponsored event as a fundraiser it would make sense that the money should go to the school. Regardless of whether the songs belonged intellectually to the students or not they choose to give their performance and song to be displayed by the school for one showing only. Selling the tapes violates the rights of the artists.

    3) While it is impossible to completely prevent students from filming things, they should take into account the possibility of the artist's right to potentially make profit from their work. By recording and selling their work, kids are taking away the livelihood and work of the artist.

    4) The best way for artists to prevent mass sharing on Youtube it is important that the follow up with Youtube terms of service whenever possible. Of course this task is nearly impossible, it is the only decent solution for the moment and will remain so until a better one can be found.

    5) Yes

  3. 1. She did nothing wrong to record the show because she was given permission, yet it was wrong to sell the tapes without getting the performers' consent. As for the student council treasurer person, she should not care because while the tickets were sold as fundraiser, however she has no control over Newman.

    2. The money should get divided equally to the performers and to Newman. The performers did the musical work, yet Newman gave them their publicity, regardless of its legitimacy.

    3. When recording videos they should have nothing to worry about unless they share the videos, either for free or for a price, without those in the recordings' consent.

    4. As long as it is stated on the video page when posting it that the contents of the video as necessary are not owned by the recorder. Like music, when there is a song that is most likely copyrighted then the recorder must declare that they do not own any part of the song. When it's like a skit that was created by a member of the cast and has no copyrights, the recorder may claim ownership.

    5. Yes

  4. 1. She went too far in selling multiple copies (at a profit to herself). While going into the show, she was given permission to record it for her own personal use according to an ethical fair use policy that made sense in regards to the performance she was attending. However, she went past fair use in selling multiple copies of the tape.

    2. The money for the videotapes should be split between the entity that produces them and the people who are producing the content (performers) - if the performers are performing for a good cause, then the money should go to the cause. It's kind of ridiculous, however, to jump to grand copyright infringement based just on a few copies of a tape sold. Instead, both parties can simply agree to stop selling "bootleg" videotapes or come to an agreement about future sales as long as no serious damage has been done to any of the parties involved.

    3. Any public space should be considered fair game to be recorded. In a private area (inside the auditorium, for example) as long as permission is given, recording should be fine. However, no one should be punished for a fair use recording of events. If we go down that path, more and more states will make laws preventing recording of police actions which is a scary thought that will make public servants not accountable for harmful actions.

    4. Youtube should be used respectfully, with fair use policies intact. If a content creator requests their content to be removed, they are due a removal of that content. However, no content should be removed simply because it is offensive or damaging to someone. Free speech is unalienable.

    5. Maybe

  5. 1) If they let the camera into the performance, they were basically asking her to video tape it. And it was her choice to sell it so I think that its really no big deal.

    2) The student council got money by selling tickets to the show. Without people making profit, the economy would collapse.

    3) They should try not to be seen. And if they are, pretend to put it away and then film secretly.

    4) Everything is on YouTube. That's it. Period.

    5) No

  6. 1. No the band did not seem to have a problem with it, and she was not forewarned that it may have been against the rules.

    2. No One it belongs to Newman.

    3. IDk schools seem to be getting more and more strict everyday eventually everything...

    4. Youtube just makes the world see that people are going to film things, and should let people become more comfortable with it, as far as copy right goes, I just dont know enough about it..

    5. no

  7. 1) No, definetly not, she was not previously educated on the copyright laws for educational shows and school policy.

    Who should get the cash?
    The School: The school had the fundraiser for stugo, thats where all the cash from the ticket sales are going and it works the same as when the SMHS choir sells videos of their show, the money doesn't ever make it to the kids, the money stays in the choir bank account to be used for other expenses and thats how the money from this instance should be handled, she needs to pay the student council the amount she made from the videos.

    If students plan to be recording something that even has the possibility of being copyrighted, they need to brush up on their intellectual and written copyright laws so they can defend themselves if asked to.

    Youtube makes it very easy to view videos, some may be illegal, but the majority of the millions of videos are not, simply because they are done non profit.


  8. 1. If she was just doing it with her brother, then it would be no problem, but i believe the selling of the videos is wrong, and is infringing of the rights of the people in the video.

    2. I believe the profits should be split between Newman, the producer, and the performers involved in the video. That way everyone can share in the work each of them did.

    3. Students should think about whether they have permission to sell, much less videotape, and also think about whether they will be infringing of the rights of those involved.

    4. Youtube has a Terms of Service, and they should be followed. Usually, if Youtube finds that a video does not meet these Terms, they will remove the video.

    5. Maybe

  9. 1. She nothing wrong at all she paid to record the video and was granted permission. Where she really messed up was when she started to sell them with no permission from the original owners or the performers. The student council person should have told her the ground rules.

    2. I think it would be fair for all the performers and Newman to split the cash. Why because they put all their efforts in the show.

    3. The students need to be both responsible and smart not to recored anything bad like profanity or nudity because it violates the rules.

    4. Youtube comes into this conversation because their are so many kids that are doing bad things like usage of profanity. They need to know especially athletes looking for a future for professional careers that scouts look for that and it does not matter how good you are if you have something bad posted they will not pick you.

    5. Yes

  10. 1. Since she paid to get into the show, recording it was fine. Even sharing the tapes was fine, as long as it wasn't for profit. However, making money off of bands without their permission who were performing copyrighted material with no intention of making money is wrong.

    2. The performers should get most of the money. Technically Metallica and the writers of the copyrighted songs should get a cut of the profit or at least be notified if the school plans to sell the tapes of battle of the bands. However, this isn't realistic, and if it's just a school selling a couple of tapes, not a large scale sale, Metallica probably wouldn't care or ever notice.

    3.As long as it's not for money, and they are not massively distributing the video or taking profits away from someone else, they shouldn't have to worry.

    4.Youtube is for the most part, non profit. So when people upload videos of copyrighted material, they aren't getting paid. The uploaders should at least credit the original creators.


  11. 1. In my honest opinion, i do not believe she did anything wrong to an extant. She specifically asked a student council representative, a supposed trusted member of the school, he said she could. On the other hand, she should've gotten each individuals permission and simply only recorded theirs.

    2. The money that was made on the selling of the videos should be given to the performers who absolutely DID NOT want their video out. Particularly the girl who tripped, she had no power over what happened with the video, she was not aware it'd be sold. The school is responsible for it's students so they shouldn't get any of the money because of what the student council member said. It was a simple mistake, misunderstanding, after all they did perform well too.

    3. Always ask before taking footage of others, not without their consent which can always get you in trouble.

    4. Kids these days upload a lot of different videos onto Youtube and i'm sure if this video got out far enough, it had a high chance of being put up

    5. Basics

  12. 1. I personally don't think that any laws were broken or violated, but from experience i know that its best to ask rather then just assume.

    2. Theoretically speaking if the show cost $10 originally and she sold the CD's for $10 then all she really did was bring the show to the people who were unable to view it in person. They were all charged the same price to see the show, weather in person or on a DVD and they all viewed the same show one way or another. Now speaking with that logic the money should go to the school because they hosted the show, but I don't see anything wrong with keeping the money. (and if you want to get really technical, she had to have had spent money on the CD's to sell them in the first place)

    3. Yes, it is true that todays average phone, ipod, or almost any digital device has video capabilities. Students need to understand tough that just because they have that capability dose not give them unrestricted liability to what they record. One classic example is school fights. I have seen fights where someone was recording. Next thing they know they have there phone (or any other digital recording device) taken and they find them selfs in the office in trouble for legal reasons pertaining to the fight due to there recording it.

    4.Im not entirely sure what the sharing rights are for Youtube, or if the same copy rite laws still apply. but what i do know is that when i go to work and we record things for sale we make sure we are not recording other peoples copy righted music. We typically edit out parts we are not legally allowed to sell because we don't own the rights.

    5. Yes

  13. On Stage 28, you have to form the star by clicking on the joints which spins parts of the line.

    Here's my completed homework.

  14. I dont think she did anything wrong. i think the schools over reacting. Plus if they didnt want videos of the show they should of forbidded video cameras for the show.

    Scince its newmans video camera i dont think anyone should get a cut. i think he shud keep it because he probably spent money making copies of the footage.

    To avoid a trip to the principles office students should probably keep the footage to them selfs.

    Youtubes another world. The moment it goes on youtube it becomes available to everyone on the internet. If its a video of a school event, it isnt that much of a bad thing to post.



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