SilverEdge Systems Software hired Catherine Conrad to perform a singing telegram

Question

SilverEdge Systems Software hired Catherine Conrad to perform a singing telegram. SilverEdge arranged for James Bendewald to record Conrad’s performance of her copyrighted song to post on its Web site. Conrad agreed to wear a microphone to assist in the recording, told Bendewald what to film, and asked for an additional fee only if SilverEdge used the video for a commercial purpose. Later, the company chose to post a video of a different performer’s singing telegram instead. Conrad filed a suit in a federal district court against SilverEdge and Bendewald for copyright infringement. Are the defendants liable? Explain.

Explanation / Answer

The defandants are not liable as they had the rights to film the performance and not paying the licensing fee they were not liable to reurn back the video to Conrad. Her identity was not used commercially as had been agreed to her. She had agreed for her performance to be recorded without recording her image as Silveredge did not have the license to post her video online.

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