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1 jvic  Tue, Feb 26, 2013 9:38:45am

Asserting copyright could be a way to guard against liability.

What will they think of next? I don’t want to know but will probably find out.

2 kirkspencer  Tue, Feb 26, 2013 10:50:36am

First, I’ll point out that YouTube reversed itself and put the film back up.

It’s pretty much given that the recording of the crash isn’t copyrightable. News and facts cannot be subject to copyright. The roughly 12 seconds of race in the video that precedes the crash meets every test for fair use, too — assuming copyright applies to the race. And there’s where things get sticky for NASCAR. See, according to current precedence sporting events are not performances. Performances are subject to copyright. Sporting events are not.

The precedence comes from a 1997 case, the NBA vs Motorola, decided in the 2d circuit court of appeals. Since more than half the decision is various points that explain why the game itself isn’t eligible for copyright I’ll not copy and paste here. Just take it as given: you cannot copyright a sporting event. You can only copyright YOUR broadcast of it.

3 ThomasLite  Tue, Feb 26, 2013 12:15:26pm

re: #2 kirkspencer

First, I’ll point out that YouTube reversed itself and put the film back up.

It’s pretty much given that the recording of the crash isn’t copyrightable. News and facts cannot be subject to copyright. The roughly 12 seconds of race in the video that precedes the crash meets every test for fair use, too — assuming copyright applies to the race. And there’s where things get sticky for NASCAR. See, according to current precedence sporting events are not performances. Performances are subject to copyright. Sporting events are not.

The precedence comes from a 1997 case, the NBA vs Motorola, decided in the 2d circuit court of appeals. Since more than half the decision is various points that explain why the game itself isn’t eligible for copyright I’ll not copy and paste here. Just take it as given: you cannot copyright a sporting event. You can only copyright YOUR broadcast of it.

Those crowds aren’t on public ground though, are they? Couldn’t you include, as part of the T&C of admittance to such an event, a provision signing over copyright over all recordings to whatever entity organizes NASCAR races? I believe generally that’s the approach taken to such matters with sporting events around here (though I must say sports footage hardly captures my interest - I could be mistaken on the details :) ).

4 KiTA  Tue, Feb 26, 2013 1:22:27pm

re: #3 ThomasLite

Yes. This is how Burning Man keeps the porn sites and horny frat boys who are only interested in getting drunk and harassing the naturist women attendees out of the event. By buying a ticket you give up your copyright to the people that run Burning Man.

5 ThomasLite  Tue, Feb 26, 2013 1:29:15pm

re: #4 KiTA

…ooo-kaay, that is one peculiar festival. To each his own though, I suppose. (hadn’t heard of it before, just looked it up)


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