Live performance

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  • Is the recording of a concert considered public domain, even though the music is copyrighted?
  • No. The copyright in the music extends to any recording of a performance of that music. In addition, the performers hold copyright in the reproduction and distribution of their performance, if the recording was done with their authorization. If the recording was unauthorized, it likely violates the anti-bootlegging provisions of the copyright act, as well as other laws.
  • Can the public performance of licensed material be videotaped and copies distributed to only the performers? Example, our drama club purchase rights to perform a play. Can we make and distribute a copy of the performance to only the participant's? I know we cannot make and distribute copies to the public for free or profit but do performers receive privileges to archive their stage work as a record of their abilities?

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