Scenario
A jazz band composed of two trumpeters is performing in a pub. On the stage background is a famous photograph of Louis Daniel Armstrong, taken by Jack Bradley in 1957. At the concert’s end, the audience asks them to play one more tune, and they improvise an adaptation of “In The Mood” by Glenn Miller (1904-1944). A member of the audience, Ben, makes a video of the performance. Another audience member, Tina, is a film producer producing a documentary film called “Improvised Jazz”. At the end of the session, she asks the band whether they would allow her to include the sound recording of the improvised piece in her film. While the musicians explain to Tina that they have not recorded the performance, Ben overhears the conversation and tells them he has a recording of the improvised session. A few days later, Ben used the audio from his recording and a sound recording of “In the Mood” (published in 1978) to create a video where he discusses and compares the original jazz standard with the adaptation by the two trumpeters.There are at least seven copyright works in this scenario:
1. The photograph in the background by Jack Bradley
2. Improvised adaptation by the two trumpeters, if original enough
3., 4. and 5. Video/audio recording of the session by Ben
6. Documentary film by Tina and principal director
7. Producer of the sound recording
Tina needs permission from:
If she wanted to use the video, she would also need permission from the copyright owner of the photograph in the background.
In principle, Ben would need permission from the two trumpeters to use the melody embedded in his recording, and from the producer of the sound recording of "In The Mood" published in 1978 (it is less than 70 years ago).
Since he is discussing and comparing the two pieces, he may benefit from the fair dealing exception for criticism or review (Section 30(1) CDPA). This depends mainly on whether his use can be considered ‘fair’: the more he engages with the protected content through commentary and criticism, the easier it will be to rely on the exception. (Time Warner Entertainments Company LP v Channel Four Television Corporation [2004] EMLR 1).
This scenario is part of the online course Copyright and Creative Reuse in Education, designed by Bartolomeo Meletti (Learning on Screen). More information about the course can be found at its website.
Disclaimer: This quiz is for educational purposes only, to help you understand copyright exceptions and direct you to further resources. Your answers will not be used for any purpose, and your personal data will not be collected. The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.