Stanford, CA asked in Copyright, Entertainment / Sports, Intellectual Property and Internet Law for California

Q: What type of licence would I need to film a concert and upload the recording on a pay-per-view based platform?

What types of licenses are required to:

1. film a concert

2. subsequently keep it in an archive to be uploaded as a recording

3. recording will be released to public on a platform that offers pay-per-view subscriptions?

also, what are the potential legal issues could arise from such a structure? (monetary, copyright, property rights etc.)

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To film a concert, you would likely need a performance agreement or license from the event organizer, allowing you to record the event.

Archiving the recorded concert may require obtaining the performers' consent and potentially negotiating a licensing agreement, especially if you plan to store and reuse the recording in the future.

Releasing the recorded concert on a pay-per-view platform necessitates securing synchronization licenses from the copyright holders of the music performed during the concert. Additionally, you'll need agreements with the performers for their image and performance rights.

Potential legal issues could include copyright infringement if you use copyrighted material without proper licensing, contractual disputes if agreements with performers or organizers are violated, and potential property rights issues if the venue's permission was not obtained.

Best regards,

James L. Arrasmith

Founding Attorney and Chief Lawyer

The Law Offices of James L. Arrasmith

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