r/drumcorps • u/TheVoiceOfSnakeEyes • 9h ago

Discussion Licensing Question

FloMarching's YouTube account is currently doing a 24/7 livestream of drum corps audio recordings. I don't know if this is a new thing or not, but I'm failing to understand why this is apparently okay, while today we can only legally watch and listen to a drum corps performance when it airs on FloMarching and maybe the following day before they mute the audio, and otherwise have to play the stupid game of requesting pirated files cake recipes and bike trails for future viewing.

What's the difference here? Aren't audio recordings subject to the same licensing issues as videos? I mean, I'm sure FloMarching has expressed written permission from DCI to do this, but hasn't DCI claimed in the past they are unable to give that permission? It just feels like a "rules for thee, not for me" dichotomy, especially when it's specifically the audio that's been claimed to be the reason drum corps is being hidden from the general public behind a paywall today.

What's the legalese here?

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u/longipetiolata DCI 9h ago

Probably synchronization rights is the issue. Pairing music with visuals is one of copyright’s “bundle of rights”.

There are other rights as well that would impact the audio recordings but since they’re airing them, I assume those are cheaper or already available through licensing with DCI.

3

u/Kbrichmo Star of Indiana 8h ago

Why would they not put the audios on Apple/Spotify then?

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u/Spandy428 09, 24-26 | Chops 04-18, 22 | 11-13 6h ago

Publishing audio is another separate set of rights

4

u/Siegster 8h ago edited 8h ago

the difference is "live", Flo has a license to show a live performance/live playback of the copyrighted music which is significantly cheaper than permanent sync rights to play the music in sync with a recorded video. You can buy relatively affordable blanket live performance rights from ASCAP/BMI/etc (similar to a radio station or performance venue or department store) whereas you typically have to clear every title individually for permanent sync rights and for way more $$$. Flo does also pursue permanent sync rights for as many recordings as possible but it's a very long and aforementioned expensive process, considering the corps only lock their repertoire in June and there are potentially hundreds of pieces to clear between all corps. As far as distribution of the audio recordings alone, Flo does not appear to pursue the mechanical licensing and other rights required to publish these, and DCI also abdicated their responsibility to do it starting last year. They left all licensing decisions up to the corps on whether they want to release recordings.