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>That's not the same thing as a performance clearly tied to the song; one in which the particular song is a key element of the video. What performance? Would y
by prayag 14y ago
>That's not the same thing as a performance clearly tied to the song; one in which the particular song is a key element of the video.
What performance? Would you really call a kid dancing to a song a "performance"? Do you think the kid wouldn't be dancing if any other song was on?
In addition, performance is actually a legal term which will probably mean some sort of training and/or practice. This is not a performance. I don't think ANY court will agree with this being a performance.
- dhughes 14y agoI'd say legally the term 'performance' could have a very broad definition and could be referred to as any 'act'.
- ktizo 14y agoIf performance means any act, in the meaning of 'action' and not just 'to act in a perfomance', then the word performance loses the meaning of a perfomance and we would no longer be able to distinguish performances from any act and so the whole idea of being able to licence them would become rather problematic.
- alexqgb 14y agoThe legal definition of "performance" means that the song (or a portion thereof) was played in a public setting. Given the number of hits the video received, this performance was, unambiguously, public.