Nowadays everyone has a phone. People use the phone to talk, chat, access internet, send messages, play games, record photos or video, etc. They have their right to use phones to record but without violating laws and intellectual property. Unfortunately, few people take few minutes to think if it is legitimate to record something before they do it. Many individuals can use their phone to record a clip at the concert without knowing (maybe they know) they are violating multiple legal and intellectual property rights. Some of these rights are copyright in the music composition and lyrics that are often controlled by the artist, copyright in the performance that is often controlled by the label, trademarks of the band and club. Moreover, we can mention band’s right of publicity, contractual rights granting you the privilege to attend the performance, license granted by ASCAP or other rights manager to the club or venue for the performance. All these rights give the holder opportunity to do certain things or not to allow others to do them.
Rights holders can take the exceptions very seriously. For example, club owners may not allow others to record on their premises. They can take your smartphone and give back when the concert end, or may require you to leave or delete videos if you are caught the recording of the concert.Technically, if you record for personal use, then these can be considered fair use. But if you post this video on a website like Youtube, Dailymotion, etc. one of the rights holders can contact with the site and request the removal of videos.
After holders prove they are real owners, website remove the video by showing you a message “This video is no longer available due to a copyright claim.” Most of the time right holders try to maintain a balance in the implementation of their rights because they do not want to distance fans and their clients.