Saturday, May 1, 2010

Lipdub & Copyright

Consider the “university lipdub.” A large group of students lip-synchs the performance of a popular song. A moving camera follows the action in a single, uninterrupted take. Because the law chases innovation and popular culture, student filmmakers and record company executives are asking “are such performances – often uploaded to the internet and seen by thousands – flattering homages to bands and performers or abuses of copyright?”

After three months of pre-production and rehearsal, a group of students shot what is easily the most globally popular media product our college has ever made: a lipdub. In less than a week, I count about 24,000 hits on YouTube, Vimeo, and other outlets. The college – though initially reluctant to support the production – is now anxious to showcase the video in every venue it can.

But true to the somewhat underground origins of the lipdub form, the producers haven’t secured the rights. Thus – though it represents a high watermark of organization, choreography, steadicam operation – they can’t really use it anywhere. Not in festivals. Not on college websites. Not in public campus screenings.

To be fair, they’ve attempted to contact the record label for months. And it seems the video’s viral success has finally generated some responses from executives and the artist himself. I have my fingers crossed that all will work out in the end. Until it does, however, faculty, administrators, and students are all crossing fingers, walking on pins and needles.

Technically, this wasn’t a class project. None of their teachers could have forced the producers to secure the rights ahead of time. But Media Production professors were consulted ahead of time. And we all said the same thing: “If you can’t get the rights up-front, don’t move ahead with the production.”

One of the producers was in tears in my office two days ago, torqued by the copyright woes that swirl around her. “I wish we’d never made it,” she said. Granted, she’s in a trench at the moment, waiting for some of the dust to clear. When she looks back on this project a decade from now, I hope and suspect the joy of universally recognized good work will overshadow current sorrows.

I’m not gloating with “I-told-you-so’s.” I’m relating (but not accounting for or justifying) different levels of respect for intellectual property. When it comes down to it, it doesn’t really matter if you believe you’re freely entitled to anything you can download. At a certain point, professional media makers come up against the law. They must assure their clients that they’ve taken all reasonable steps to avoid litigation. It’s a lesson best learned in the low-stakes environment of a classroom… not when 24,000 people are watching.

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