Help with a Video Issue

[Northernlights]

I own a video service. My daughter is in a band at her school. They recently had a Band show which included 15 bands. I of course videotaped it. Being the business person I am I of course edited and offered it for sell. I then sent emails out to the participating schools. I had great response ang I offered the schools $5.00 for every video that someone bought from their school. One school even placed a link to our site on their website. I received a phone call from someone who had purchased one . She wanted a refund, when asked why she stated "We were told by our band director not to buy that they were bad quality. We are suspecting the Band director for my daughters band is the person who called the other band directors about the quality. It may have also been the parebts organizaion theu e=were not happy about me selling it because they wanted all the money that we were offering the other schools for themselves. Here are may questions

1. Recourse when I found out who the person was that called them

2. I know I had the right to film because it was a public place and they charged admission.

3. I am within my rights to sell it.

Thanks

 

[dee_dub]

You probably do not have the right to sell it. Copyright in a performance belongs to the performer(s), or possibly in this case to the school(s) that promoted the concert. What agreement do you have with them allowing you to sell the video?

Even if you did have the right to sell it, people are asking for a refund because of poor quality. That's an entirely separate issue from copyright. If you're selling poor quality videos, who would blame your customers for asking for a refund?

You probably have no recourse against the person who called them, assuming you could find out that information. It is not against the law to advise someone to return a poor quality video.

 

[Northernlights]

This video had not even been produced yet. we had just contacyed the organizations. What about my freedoms to videotape in a public place. The papers photograph then sell the photos online. TV station sell footage all the time they do not have permission.

 

[dee_dub]

Freedom to tape is not the same as the the right to sell. You do not have the right to distribute your recording without permission (except under very limited "fair use" guidelines, and what you're doing doesn't qualify). The performers own copyright in the performance.

No newspaper or TV station that I know distributes copyrighted performances without the performer's permission.