Filming and subsequent selling of social dancing

[Pacion]

Hmmm. I just saw this on Salsaweb.com's website:

Internet Con-artists are videotaping Instructors and Performers social dancing at various events, and illegally selling the DVDs for a hefty profit online - with no residuals or percentages paid to the dancers. Recently, a certain website was caught doing this. Because of pressure put on them by the attorneys of the very dancers in their DVD, they have since stopped selling the product.

Is there anything wrong with this? Was the website providing a service? Just as celebraties are feeding ground for photographers, should instructors/performers be put in the same position? What about if said website was selling the DVDs at "cost price". Would that still be wrong?

Does this practice (which no doubt will continue until a person is caught doing it) contribute to the varioius accusations of pilgarism of moves, if such a thing really existed?

[Kitty]

If filming was allowed in the room where these DVD's were filmed, this is legal. (just like it is legal to take pictures of you walking in a public park.

I don't think there is such thing as ballroom dancing plagiarism.

[jon]

I see the issue not in terms of someone profiting off pros without their consent, but in terms of obnoxious jerks taping anyone without their consent and thereby making the dance unwelcoming. Start with ejection from the venue and work up from there.

OTOH practically speaking this can't be stopped easily today, and can't be stopped at all in a couple of years more, when video cameras become easily concealable in clothing, eyeglasses, etc. Welcome to the surveillance society. It will be interesting hearing the screams from event promoters and pro videographers when this starts happening.

[Tasek]

I don't know how it is other countries, but AFAIK over here (netherlands) you can be filmed in public, but as soon as that material is used in a commercial way you have to give permission for it.

As far as the situation described, IMHO it's taking advantage of the performers/instructors, and the people doing it should be kicked out and sued for the profits they make from the videos.

[Genesius Redux]

If filming was allowed in the room where these DVD's were filmed, this is legal. (just like it is legal to take pictures of you walking in a public park.

I don't think there is such thing as ballroom dancing plagiarism.

Questionably legal, if it's for profit. That's a form of theft, probably varies from state to state--but even if it is legal, that doesn't mean it isn't litigable. Especially if you're dealing with pro dancers. I work as an actor--anyone sells anything with my image on it and I haven't seen the money or signed the release, they'll have a lawsuit so fast it'll make their little heads spin.

My advice--in all seriousness--don't let guys like the ones Pacion describes rip you off. They take your image and use it for profit, they're no better than sneak thieves. Stick it to them in no uncertain terms.

Hearing that story really burns me. :x

[d nice]

This is without a doubt an actionable item. The people responsible are perfectly aware that the people they are taping are professionals, that their subjects livelihood is based on their dance ability, their unique style, and often on compensation for recordings of their dancing from competitions, shows, and instructional videos. By selling examples of their dancing with no dcompensation they are a legitimate threat to their way of life. Definitely actionable. NOt illegal, but a civil lawsuit could see the producers not just losing their profits but losing their shirts as both compensatory and punitive damages are taken.