QUESTION

Can a school prohibit parents from video taping, yet give permission to a private business that will profit from selling the recording?

Asked on Sep 28th, 2013 on Intellectual Property - South Carolina
More details to this question:
My child is a member of a marching band. At upper state and state level competitions, parents are told they are not allowed to record even their own high school band. However, they have a private business that is set up to record the entire competition. That private business then sells the recording to the parents at a considerable mark-up. So, we as parents are not allowed to make a free video, for our own personal use. If we want to have a video, we have to purchase it.
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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I haven't dealt with this situation at this level before. I am familiar with examples in sports law, where you can be restricted from bringing video equipment to a sporting event, regardless of how much you pay to attend and regardless of who you know participating in the event. The business rationale is that the event organizers have the opportunity to generate revenue with this practice and allowing others to make recording subverts their efforts. At smaller events, where family dominates attendees, people with video cameras tend to believe they have license to obstruct the view of others and occupy restricted areas to make their recording, disrupting the enjoyment of the event. The legal right comes from the event coordinator controlling access to the event. If they can control your ability to be there (e.g., ticket, asking people to leave, etc), they can place reasonable restrictions on those to whom they grant access, including prohibiting event recordings.
Answered on Sep 30th, 2013 at 8:47 AM

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