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Thursday
Oct202016

New trend of Phone-Free Concerts has many benefits

screen-shot-2016-10-20-at-3-33-01-pmFans are required to place their cellphones into Yondr’s form-fitting lockable pouch when entering the show, and a disk mechanism unlocks it on the way out. Fans keep the pouch with them, but it is impossible for them to snap pictures, shoot videos or send text messages during the performance while the pouch is locked.  (quote from NY Times article titled, Your Phone’s on Lockdown. Enjoy the Show)

When the rocker Axl Rose reunited with his former Guns N’ Roses bandmates, Duff McKagan and Slash, for the first time in 23 years, the concert was phone-free. “God, it was wonderful,” Mr. McKagan said of the first reunion show in April, at the Troubadour in Los Angeles. “It was the old-school feeling, where people were dancing and getting down. It was really cool.”

Not surprisingly performing artists reportedly enjoy playing phone-free concerts.

In addition to increasing the fun “old-school feeling” at a phone-free concert, decreasing the likelihood of intellectual property infringement may be a hidden benefit of a phone-free concert. While it’s not uncommon for audience members to record and post concert clips, this can infringe a bundle of intellectual property rights including:

  • Copyright in the music compositions and lyrics (often controlled by the publisher or sometimes the artist)
  • Copyright in the performance (often controlled by the label)
  • Trademarks of the band, club or venue

I haven’t met a Yondr case yet; although, I’m looking forward to using one sometime soon at a phone-free concert.

BY: Vanessa Kaster, Esq., LL.M.

See also: Previous blog post Recording and Posting Concert Clips: what’s legal… what’s not at http://wp.me/p10nNq-os; The New York Times article titled, Your Phone’s on Lockdown. Enjoy the Show. by J. Morrissey at http://www.nytimes.com/2016/10/16/technology/your-phones-on-lockdown-enjoy-the-show.html?_r=0; Yondr website at http://overyondr.com/; @iplegalfreebies and www.iplegalfreebies.wordpress.com.