Re: Eagles Mentions in the Press
Quote:
Originally Posted by Rolling Stone
The Eagles are not only seeking to reclaim their concert footage from Shelley, they're also reportedly trying to seize his entire extensive archives.
I think this article might be a bit inaccurate in its wording. They say the Eagles are trying to seize the recordings of the other artists as well, but they obviously have no more right to ownership of such recordings than the defendant.
I imagine the Eagles are trying to have the archive seized and kept by the court as illegitimate goods, kind of like if you see a guy selling drugs and ask the police to seize his stash rather than asking for the stash to be given to you, lol.
I tried to find the actual complaint without success, but that would make a lot more sense and would be far more likely to hold up in court.
Re: Eagles Mentions in the Press
Quote:
Originally Posted by
sodascouts
I think this article might be a bit inaccurate in its wording. They say the Eagles are trying to seize the recordings of the other artists as well, but they obviously have no more right to ownership of such recordings than the bootlegger.
I imagine the Eagles are trying to have the archive seized by the police as illegitimate goods, kind of like if you see a guy selling drugs and ask the police to seize his stash rather than asking for the stash to be given to you, lol.
I tried to find the actual complaint without success, but that would make a lot more sense and would be far more likely to hold up in court.
The only reason I thought it a possibility is because they'd want all the Eagles material he has, and if they get it all, they can return it all to the copyright owners. The other thing I thought of is that they asked for more than they really want so that in the end they get what they want. The art of civil suit negotiation!
Re: Eagles Mentions in the Press
Quote:
Originally Posted by VAisforEagleLovers
The other thing I thought of is that they asked for more than they really want so that in the end they get what they want. The art of civil suit negotiation!
Good point. Such a strategy would not be unheard of.
Re: Eagles Mentions in the Press
Quote:
Originally Posted by
UndertheWire
He doesn't come across as being much different to a fan making bootleg videos available on a website so unfortunately this could end up looking like big, bad millionaire rockstars bullying the little guy.
Well, I do see a distinction (as you might imagine lol) because he was charging people to see the bootlegs and thus profiting off of the Eagles. There's a reason why I don't charge money, not even to cover costs.
Re: Eagles Mentions in the Press
Now I have to wonder if this guy claims the money he charges as income on his taxes. He can't have 'costs' if he doesn't have it set up as a business. If nothing else comes of this, if appropriate I hope the IRS gets him.
Re: Eagles Mentions in the Press
Just heard the most famous song by Henley's hero, John Lennon.
Had a little chuckle when he sang the "Imagine no possessions" line. That's one Lennon principal that Don probably doesn't admire. :grin:
I thought the copyright of film belongs to the person who's doing the filming not the people in front of the camera :shrug:.
Re: Eagles Mentions in the Press
Quote:
Originally Posted by
Funk 50
Just heard the most famous song by Henley's hero, John Lennon.
Had a little chuckle when he sang the "Imagine no possessions" line. That's one Lennon principal that Don probably doesn't admire. :grin:
I thought the copyright of film belongs to the person who's doing the filming not the people in front of the camera :shrug:.
I've never been convinced Lennon ever stood behind that principle, either.
The film belongs to the person who took it. Same with pictures. However, a film with audio includes the songs, and those belong to whomever owns the copyright for the song. Depending on individual contracts, along with the selling/purchasing of rights, it can be different on who owns the copyright. However, one thing is for certain in this instance, this man does not have any of the copyrights, nor does anyone taking bootleg film. It's why YouTube has to take down the videos when the ones holding the copyrights demand it. Someone will tell me if I'm wrong on this. To add to the general confusion, copyright laws are different in each country.
Re: Eagles Mentions in the Press
Copyright law is very complex and nuanced; it is changing constantly, often open to interpretation, and difficult to keep straight, especially since different rules apply to different types of media and usage.
Much depends on context.
Are you a cameraman hired to film something? You don't own what you film; the company paying you does. The people you filmed don't own it either unless it's been contractually specified. For instance, the BBC owns the copyright to the 1973 Eagles concert for the BBC - not its cameramen or the band. The BBC paid the cameramen, they paid the band, and they own the rights.
Of course, in the case of a bootleg, there is no contract establishing parameters or payment to the band... hence the problem.
Not that you have to have the band's permission to film them just walking around, chatting, whatever. This is how paparazzi thrive; you have the right to film people in public, and you own the copyright to that film. If they want to shut you down, they have to do so through alternate means such as Right of Publicity.
However, in this case, the person filmed the Eagles performing their songs in their entirety (snippets are technically OK under a certain length because they are considered in the "public domain" - another very complicated concept). Therefore, under current copyright law, the bootlegs violate their copyright. Read more here.
ETA: I see VA beat me to it!
Re: Eagles Mentions in the Press
Here's another version of the article. This one even states that while Henley is suing a bunch of others, and implies it's for no good reason, this case is 'reasonable' However, the attention grabbing headline states otherwise.
http://www.stereogum.com/1721966/don...eres-the-beef/
Re: Eagles Mentions in the Press
A lame, click-bait headline. I don't know of any fans who he's taken all the way to court. This Shelley guy was selling tickets and the Eagles were just one of many artists that he profited from. It's not as if he was the world's biggest Eagles fan trying to spread the love of their music via sharing concert footage.
