To clear up a few points:
Every person has the right to photograph anything on public property. However, after taking the photo or image, you may not be able to sell it. Prior to selling the image, you first must have the consent and release of anyone identifiable in the image.
The copyright act of 1976 states that any performer who sings, dances or choreographer a production is automatically copyrighted as soon as it is performed. This protects the performers property.
Northorp High School sponsored the show choir invitational. They charged nothing for the building since it was a school event. They did not have signed consent from any performer. Huntington Media Services contracted with Northrop's show choir director. The contract does not specify any payment to Northrop, but that Northrop guarentees the videographer a minimum of $3500 in sales. The DVD's were sold for $20 for evening show and $25 dollars for a school performance. The Videographer knew he was to have signed consent and release, but since few people realize they need them, they simply look the other way.
The school states in depositions that they do not care if a parent videotapes or photographs on school property. I have done so four previous times.
The off duty officer was hired by the schoolf or security. He never identified his name, badge numer, did not order me to leave. The assistant principal states that we were not loud, that I only asked questions concerning consent and release. A second off duty officer who was there watching his daughter made the decision to choke me and drage me out. He never identified himself. The four witnesses to the even state it happend in less than two seconds.
Federal courts have routinely ruled photography is free speech. A photo is worth a thousand words. In this case, I was not rude. The only ones who said I was rude was the off duty cop who could not answer what law prohibited me from videotaping.
Keep in mind a school rule most conform to both federal and state laws and in my case the Indiana and United States Constitution.
Videographers are the only ones to profit from this. The quality in many cases is poor. In many cases not all the performers can be seen and you find out only after you pay for a DVD.
What they did was pirate personal property for personal gain. It is against the law!
Every person has the right to question the state when the state extends by implication a statute beyond its plain and literal meaning. You have a civil responsibility to question and make sure the state does not take your rights away. You always have the right to question the state. While those men and women in our armed forces are over seas, we need to protect the freedoms here at home so that when they return their freedoms so dearly fought for are not diminished.
William Larsen
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