yes, that would be prudent;  treat old ones like other repository deposits that are to be kept "dark", i.e.,  that metadata only is provided.

Charles


Professor Charles Oppenheim
Head
Department of Information Science
Loughborough University
Loughborough
Leics LE11 3TU

Tel 01509-223065
Fax 01509 223053
e mail [log in to unmask] 
-----Original Message-----
From: Repositories discussion list [mailto:[log in to unmask]] On Behalf Of Leslie Carr
Sent: 01 May 2009 09:01
To: [log in to unmask]
Subject: Re: returning to copyright issues in recordings of performances uploaded to IR's...

 From what you have said it sounds as if it is reasonable to deposit the recording in the repository for archival purposes, but not for open dissemination. I'm not suggesting that we ignore the issue of diligently seeking permission, but that we explore what we can reasonably and responsibly do with legacy material within the parameters of acceptable behaviour.

Sent from my iPhone

On 1 May 2009, at 08:30, "[log in to unmask]" <[log in to unmask]  > wrote:

> If the sound recording engineers, etc. are employees of the HEI, then 
> copyright automatically vests with their employer, the HEI, so no 
> permission is needed from them. Frankly, that's the least of the 
> problems, as you will see by reading the text below!
>
> Problems arise with the performers.  Performers get a right separate 
> from copyright called  performers' rights (surprise!).  You need their 
> explicit written consent for recording their dance performances, and 
> separate consent for publishing the recorded performance in any way, 
> such as putting it on a repository.  It must be stressed that both 
> students and staff have this right, even if the staff are employees of 
> the HEI, so permission has to be sought from each individual 
> concerned.  Refusal by one individual or, indeed, failure to respond 
> to a request for permission, means that
> any part of the recording that depicts that individual must be   
> deleted.  This is obviously a MAJOR  burden, and implies that unless 
> you had explicit written permission from the outset, it is best not to 
> put any previous dance recordings on the repository.
>
> For the future, you need to get each student and member of staff 
> involved in the performance to sign an agreement consenting to the 
> recording, and putting on the repository that recording. It is legally 
> extremely dubious to insist on this (e.g., "it is a condition of you 
> coming on this programme that you agree to the recording of any dances 
> you perform and putting such recordings on the IR" or "It is a 
> condition of being employed by this HEI that you
> consent...."). These can be challenged in Court.   It really is far  
> safer to get individual consent forms signed. Performers' rights apply 
> to both the dancers and the live musicians, so get clearance from 
> every one of them .
>
> There are also copyright issues with any music involved in the 
> performance.  Assuming the rights to the music are not owned by the 
> HEI (i.e., it is not music specially written by someone in the HEI 
> whose employee duties require him/her to write such music), you need 
> to get permission from the rights owner(s) (composers typically, but 
> they have often assigned their rights to commercial organisations) for 
> reproduction of the music on the recording, and putting it on the 
> repository.  Commercial music publishers and their rights 
> representatives are very aggressive about these things, and will 
> either refuse, or charge large sums for such permission, and they 
> don't hesitate to sue if they discover infringement is occurring.
>
> All told, this area is a potential nightmare for HEIs, who should 
> proceed with extreme caution!
>
> Charles
>
>
> Professor Charles Oppenheim
> Head
> Department of Information Science
> Loughborough University
> Loughborough
> Leics LE11 3TU
>
> Tel 01509-223065
> Fax 01509 223053
> e mail [log in to unmask]
> -----Original Message-----
> From: Repositories discussion list 
> [mailto:[log in to unmask]
> ] On Behalf Of Stephanie Meece
> Sent: 30 April 2009 18:02
> To: [log in to unmask]
> Subject: returning to copyright issues in recordings of performances 
> uploaded to IR's...
>
> Hello all
>
> May I reincarnate an old discussion to see if anyone has anything new 
> to contribute? Sheila Scott asked about copyright in 'illustrative 
> material', when artwork done by people not the main creator is 
> included.
>
> I am wondering about how to upload recordings of dance performances 
> created and performed by our students and faculty. We'd really like to 
> have this material in our repository, and I can get the permission of 
> the creators to make these recordings available, but will I also have 
> to get the permission of the sound technicians, live musicians, set 
> designers, lighting technicians, etc? I understand that they also have 
> rights in the recorded performance.
>
> many thanks
> Stephanie Meece,
> Digital Collections Officer,
> University of Surrey, Guildford.
> http://epubs.surrey.ac.uk/
>
>
>
>
>
>
>> -----Original Message-----
>> From: Repositories discussion list
>> [mailto:[log in to unmask]] On Behalf Of Sheila Scott
>> Sent: 06 March 2007 16:54
>> To: [log in to unmask]
>> Subject: illustrative/art materials in repositories
>>
>> I would be interested in hearing from people who currently have illu! 
>> strativ e material of an art nature (Performance art video material, 
>> photographs of pieces of art, sculptures etc) in their repository and 
>> how they have dealt with this material. What forms of material do you 
>> accept e.g. jpeg, videoclips etc? Do staff do the photography 
>> themselves and is there any problem with quality when the material is 
>> loaded? What about copyright problems when the material includes 
>> artworks done by persons other than the institutions own lecturer(s)?
>> Do you try to get just an excerpt or refuse to accept it unless the 
>> lecturer can get permission from all other people with material 
>> featured on the dvd/video clip/cd? What other problems have you come 
>> across and how have you tackled them or oversome them? We are just 
>> starting out and would appreciate any help or advice that can be 
>> offered by anyone with experience in this field.
>> Thanks
>> Sheila!