May 2020
National Dance Coaches Association
Table of Contents
- Conference Update
- FREE PROACTIVE COACHING SESSIONS have started
- Membership Perk - Petra Krebbs' 30 Minute Power of Positivity Presentation
- Teambuilding Idea
- Tresona v. Burbank HS Music - Case Summary
- NDCA Mentoring Program
- Honor Your Seniors with Inside Dance
- Partner Spotlight - Dance Team Union
- Adventures America - CLASS OF 2020 OFFER
- Apolla Shocks Makes Masks
- Twin Vision Activewear FREE DESIGNS
- Acrobatic Arts - Online Certification
- Dallaswear Uniforms Now Makes PPE
- Tim Elmore - Do You Know What Your Student Athletes Need from You Right Now?
- Featured Member - Allison Fields
- Thank You to our Partners
Our 2020 NDCA National Dance Coaches Conference is officially postponed until May, 2021.
This is the best option since we do not know when dance team life will return to normal. We also know that when school is once again “live,” coaches will be busy catching up and moving forward. By May, 2021, we will be ready for a conference full of innovative ideas and inspirational speakers.
Refunds:
We will be issuing conference attendees full refunds including registration and processing fees. Depending on your original method of payment, you will either be refunded directly from our registration site, Eventbrite, or via check in the mail. We are working with Eventbrite to initiate the refunds and we appreciate your patience as there will be a short processing time. Our goal is to refund you within the next 2 weeks. Please reach out to treasurer@nationaldancecoaches.org for refund-related questions.
Hotel Reservation Cancellations:
Please contact the Inn at Opryland to cancel your hotel reservations. We have included links to the hotel cancellation policy below. Please be aware of cancellation deadlines to avoid penalty fees.
The Inn at Opryland, A Gaylord Hotel
615-889-0800
Additional Cancellation Information
MEMBERSHIP PERK - Free Proactive Coaching Seminars
Click on the Facebook link below for more information.
Rob Miller
Our first Proactive Coaching Seminar was a smashing success!
Here are the resources Rob Miller recommended during his April 29th presentation:
2. John Underwood - http://www.lifeofanathlete.us/about/4584092674
Sleep Study on Athletes: https://www.wm.edu/offices/sportsmedicine/_documents/sleep-manual
3. Jay Bilis book "Toughness: Developing True Strength On and Off the Court" discussing the concept of "Competitive Credibility"
Download Jon Gordan's Positive Pledge Document to Use with Your Team
IN THE NEWS: Music Copyright Information - Tresona v. Burbank High School Music - Quick Summary
The information provided in this article does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided "as is;" no representations are made that the content is error-free.
BACKGROUND:
In 2016, the owner of a music license (Tresona) sued a high school show choir director, booster club and music department over an alleged copyright violation in a case called Tresona v. Burbank High School Music. Although it was odd to make far-reaching policy and rule decisions based on the filing (not decision) of a lawsuit, some cheer and dance competition companies cited this case as evidence that music licensors were going to begin suing coaches and dance teams. Those companies put in place strict music rules that required many teams to use “preferred providers” of cover music and to pay extra licensing fees to these providers for temporary licenses. Some state associations and smaller companies followed suit with similar music rules without doing any independent research.
The Burbank school and show choir won the initial lawsuit filed by Tresona, and in March 2020, won again when Tresona appealed their initial loss. The court deemed the show choir’s use of Tresona’s licensed song “fair use” - the school didn’t need to purchase a license or get permission from the licensor. There was no copyright violation. In a highly unusual move, the court also made Tresona pay all of the school’s legal fees and noted that its decision allowed for “greater breathing room for classroom educators and those involved in similar (to show choir) educational extracurricular activities.” The court also noted, in deciding to be exceptionally punitive against Tresona, that Tresona had pursued a strategy of trying to frighten these groups and individuals of limited means into purchasing additional licenses.
You can read even more here: https://srileylawblog.blogspot.com/2020/03/the-end-of-tresona.html
BRIEF DESCRIPTION OF LEGAL ARGUMENTS:
· Tresóna Multimedia LLC, an Arizona-based music-licensing company, claimed that a traveling high school show choir program was using music without properly licensing it or paying for it, according to the lawsuit.
· The high school show choir argued that their use of portions of various songs in a remix was fair use, which is a defense to a copyright infringement claim.
COURT RULING:
The show choir director’s use of a small portion of the song, along with portions of other songs, to create sheet music for a new and different high school choir showpiece performance was a fair use, and therefore was not copyright infringement. In particular, the court noted that:
· The song was used for a nonprofit educational purpose, not for a commercial purpose.
· The use of the song in a larger creative mix would not affect sales of the original song (the character of the use was completely different).
· The choir’s arrangement of the song was creative and transformed the song into a part of a new work.
· The use of the main chorus of the song (a snippet of approximately 20 seconds) in a much longer mix did not weigh against a finding of fair use.
· In addition, the court required the music licensing company to pay all of the defendants’ attorneys’ fees, finding that in addition to suing a public school employee and a Booster Club (in addition to individual parents), the company had pursued a strategy of trying to frighten these groups and individuals of limited means into purchasing additional licenses. “Awarding Defendants their attorneys’ fees insures that they are properly compensated for defending against overreaching claims of copyright infringement and pressing a defense that benefits those educating our youth. An award of attorneys’ fees here assures that an overzealous monopolist [cannot] use his copyright to stamp out the very creativity that the [Copyright] Act seeks to ignite…allowing for greater breathing room for classroom educators and those involved in similar educational extracurricular activities.”
WHAT DANCE TEAMS SHOULD KNOW:
· Certain dance team and cheerleading organizations are the only ones who have adopted strict music rules over the last few years in response to a perceived copyright fear although not all have adopted such rules. Many smaller organizations and state organizations followed suit without independently evaluating the issues. Most of these rules require the purchase of temporary licenses to use cover music produced by preferred providers.
· Industries like ballroom dance, hip hop dance, show choir, theater, and studio dance did not take similar steps in 2016 as there was no actual change to copyright law that year.
· The court ultimately completely exonerated the high school choir, teacher and Booster Club, stating that the choir’s use of the song was fair use (thereby not requiring purchase of a license or permission of the licensor). The court also specifically noted that the music licensing company’s suit was unreasonable and did not further the purpose of the Copyright Act - which is to encourage creativity.
· No other lawsuits have been brought against school groups by music licensing companies, and this case will likely discourage others from doing so.
· In this case, the song involved in the lawsuit was part of a music mix, and the fact that it was mixed into a new creative work was one reason the court found fair use.
· The court also found that a school group remix would not have a commercial effect on sales of the original song.
· In response to COVID-19, some preferred providers have raised the price of their temporary licenses to address issues related to teams that want to reuse previously mixed music. This allows them to continue to get revenue from school teams without creating any new mixes.
· Because preferred providers supposedly “own” the licenses they are providing, coaches that continue to use such services should require that any mix include an unlimited license to use the mix for performance without any limits on dates or the number of team members that can be sent the music.
NDCA Mentoring Program
The mentorship program runs annually from May to the following April
- Mentor / Mentee matches last the full year
- Expectations are to check in at least once a month in whatever format is convenient for the pair (in person, phone call, zoom call etc.)
- The mentorship director will check-in with both sides periodically and troubleshoot if there is a mismatch in expectations or fulfillment of roles
Becoming an NDCA Mentor
- Complete the Google form covering areas of expertise and background
- Application will be reviewed by NDCA mentoring director and confirmed
- You will be matched with a mentee in April when a new round of the program is ready to start
Finding a Mentor
- Complete the Google form covering your competitive level, geographic region, and hope for mentorship focus
- You will be matched with an available mentor so that you can hopefully establish the mentorship relationship you’re looking for
Dr. Chelsea Pierotti of Passionate Coach Shares Her Thoughts on Mentoring - Click Below!
Get Your Seniors Recognized in Inside Dance Magazine!
Honoring the Senior Class of 2020 Dance Artists & Athletes
The upcoming issue of Inside Dance magazine is turning the spotlight on the Senior Class of 2020 to show tribute and recognize the incredible hard work, dedication, and journey these dancers have experienced. Are you a senior? Do you teach a senior? If so, we want to hear from you! Inside Dance looks forward to honoring and celebrating the class of 2020!
LINK FOR DANCER SENIORS TO SUBMIT
Form opens at 12:00am EST on Friday, May 1, 2020
Form will close at 11:59pm EST on Sunday, May 24, 2020.
https://form.jotform.com/201196144257150
If dancers, parents or coaches are not current subscribers... we are offering an exclusive 25% OFF discount for your members May 1 thru June 1, 2020 (limited time offer)! Use code NDCA at checkout. InsideDance.com
Partner Spotlight - DTU - So many resources!
Dance Team Union is full speed ahead wrapping up its 2020 competition season, planning summer camps and looking ahead to 2020-2021 regional and national competitions! We are also busy talking to coaches about what they need in order to be successful in this new environment and offering FREE master classes through our online channels. Here are some more details about these programs.
COLLEGE SENDOFF: DTU is currently giving college teams who were unable to compete at a spring nationals the opportunity to showcase their team on our social media through our College Sendoff program. We have featured a different team sendoff each week, with more upcoming! Learn more about this program at www.danceteamunion.com/dtucollegesendoff
CAMPS: We are offering a very flexible menu of camps to give coaches and dancers what they need in this uncertain environment - including virtual camps for dancers/teams who can meet together over the summer and those who cannot, as well as private or semi-private camp options for teams in locations where overnight camps are not an option, but it may be safe to meet in a more intimate group setting. In any format, our material is going to be fun, creative and challenging and we are looking forward to sharing it with teams this summer! Find out more about all of these options at www.danceteamunion.com/dtucampoverview
MASTER CLASSES: We've had a robust spring providing FREE master class opportunities to online followers from a variety of instructors - from jazz, lyrical and contemporary to hip hop! We will be continuing these master classes in the near future to allow dancers to continue to train from home. Access our archived master classes at www.danceteamunion.com/dtumasterclasses
COACH CONNECT: We've recently established Coach Connect, a series of live discussions among coaches on various topics to help share ideas and learn new things even in isolation! These discussions have received rave reviews, and coaches can register to join one for FREE using this link: www.danceteamunion.com/coachesunion
COMPETITIONS: We are already working on our 2021 National Championship and College Classic events, as well as venues for our regionals season leading up to those major events. Look for more information as we move into summer about pricing, dates and locations! Our 2019-20 competition results can be found at www.danceteamunion.com/2019-2020-season (regionals) and www.danceteamunion.com/nationals-results (nationals).
DTU is here for dancers and coaches as this unprecedented season wraps up and a new one begins to unfold. We are actively monitoring state-by-state activities and recommendations of the CDC and WHO and will be planning our 2020-21 season accordingly. Please contact us for help with anything your team needs going forward - we are truly Here for U.
Partner Resource - Adventures America - AN OFFER FOR THE CLASS OF 2020
We recognize this is an especially challenging time for you. You were born when the world was grieving 9/11 and now a generation later, as you are becoming adults, the world is facing an equally challenging adversary. As a senior, you may be asked to give up much of your well-earned final year (Enrichment, Sports, Senior Ball, Graduation, etc.). Your burden is not fair, but it is now the present reality. And although you may not hear it directly, a great many of us citizens recognize the sacrifices you are making and the strength you are needing to have, to play your expected part.
In recognition of the Class of 2020, 100% of the net proceeds of all t-shirt sales will be designated to the SYTA Youth Foundation Class of 2020 Scholarship Fund. This scholarship fund will be administered through the SYTA Youth Foundation’s Road Scholarship program which awards individual travel scholarships twice a year to eligible students. Since its inception, SYF has awarded scholarships to over 7,200 deserving youth.
We applaud your strength and resiliency! At some point, this global challenge will be behind us and life will get back to a “new” normal. When it does, please remember… that the world you are coming into is still an amazing place. And through our collective experience, it will be a stronger and more a caring place than ever before. Stay Strong Class of 2020, this World waits for you with open arms. We can’t wait to see how you will embrace it and soar! #Classof2020Strong.
Apolla Shocks Makes Masks
If you haven’t heard yet, we are dedicating machines to do our part to make masks. But not for profit! We want to help protect our dance community & beyond with our buy one donate one program. Details to purchase on our website. www.apollaperformance.com
Partner Resource - Twin Vision Activewear FREE DESIGNS
We know #DanceLife may be on #Pause for now, so with your schools closed, teams on hiatus, and us sheltering-in-place in our Seattle home offices, @twinvisionactivewear wants to create as many COMPLIMENTARY DESIGNS for as many of your teams as possible right now. NO COMMITMENT needed on your end.
Once teams are able to meet up again we know it will be hectic for you, so help US help YOU. We understand you may have more important priorities right now so we don't want to take up too much of your time. Hopefully this can help take one thing off your to-do-list later.
Just DM or email us your team logo and let us take care of the rest. We will create potential designs that you can save for your future teams!
Sincerely,
Nolan Kozu
206-713-7960
http://www.twinvisionactivewear.com/
https://instagram.com/twinvisionactivewear/
Link to our 2020 Custom Warm-ups Catalog: http://www.twinvisionactivewear.com/customs-s/152.htm
Acrobatics Arts Certification Now Online!
Course Dates for LIVE Online Certification:
April 20-23 / Canada - SOLD OUT
April 20-23 / USA - SOLD OUT
April 20-23 / Australia - SOLD OUT
April 27-30 / Australia - 6 Spots left!
April 27 - 30 / UK - 10 Spots Left!
April 27 - 30 / USA - 6 Spots Left!
April 30 - May 1 / Australia - 14 Spots left!
May 4 - 7 / Australia - 14 Spots left!
May 5 - 8 / Canada - 12 Spots left!
Click to register: https://www.acrobaticarts.com/#/page/teachers_registermodule/15
We will be running our Module One certification course Live via Zoom during the pandemic. Courses coming up in Canada, USA, Australia and UK. Only 15 teachers will be accepted at a time in this program, so we will sell out fast!
Here's what you need:
A computer/tablet with a solid internet connection
Space large enough to do a cartwheel
A dancer or willing family member to practice with
Willingness to participate in all the exercises
Partner Update: Dallaswear Uniforms Now Makes PPE
Currently, we are producing thousands of masks and disposable gowns a day in our Dallas factory and we have the capacity to double or triple that if the demand persists. Fabric is being delivered every few days for laser cutting and sewing. PLEASE contact us immediately for any large orders of disposable masks and gowns! We have also created a website for anyone to order online immediately: www.NowWeMakePPE.com. This means that everyone can go online and easily order Masks (or Gowns) for themselves, for loved ones -- even to send to Local First Responders!
We’re working around the clock, so do not hesitate to email after hours or on the weekends. We will not rest until we can reclaim our country from this deadly virus. If anyone wants to know more about Dallaswear Uniforms as a company, they can check out our website, feel free to Google us or our CEO, Terra Saunders to see our company awards as well as our manufacturing history in the garment industry and the press. We are a proud family-owned company that is answering our government’s call to service.
NDCA Featured Member – Allison Fields
Please give a shout out to our NDCA featured member – Allison Fields! Allison is currently the Head Coach for the Pioneer Pride Dance Team at Texas Woman’s University. She graduated from Texas Woman’s in 2010 and then went on to direct the drill team at Poteet HS in Mesquite, TX for five years. In 2017, she had the unique opportunity to start up the TWU dance team, and they are currently having auditions for their fourth team - their first senior dancer graduating in a few weeks. Allison also works for American Dance/Drill Team teaching camps in the summer and judging competitions in the winter. She loves attending the NDCA conference every year and always leaves feeling refreshed and excited about sharing the knowledge learned with her team.
What prior experiences or motivations led you to start up the Pioneer Pride Dance Team at Texas Woman's University?
Starting the Pioneer Pride Dance Team was actually not my idea. The idea came about largely due to a group of students’ interest and an open mind from our TWU Vice President, Dr. Monica Mendez-Grant. I had already planned to finish up my position at the high school level, and quite honestly stumbled upon the job opening by accident. Though I had never coached at the collegiate level, I believe my ties to my Alma Mater (TWU) helped me build connections and have a successful start. The Pioneer Pride Dance Team was the first of a “competitive sport initiative” at TWU. The next two competitive sports coming to our campus are synchronized swimming and STUNT. I’m so excited!
What advice or tips do you have for other coaches who may want to start dance programs at colleges or high schools that don't have them currently?
Jump in and don’t be scared! Remember how many students are going to benefit from being on a dance team. You may make mistakes, but don’t be afraid to reach out to seasoned coaches. Ask other coaches to share their materials and revise what you receive to work for your program. I interviewed and observed other successful college coaches before starting Pioneer Pride. Additionally, be sure to work to gain support as soon as possible from your administration, parents, and team leaders. Getting team leaders on your side will prove to be very beneficial.
You mentioned that your dancers are encouraging and supportive to one another. How do you create and sustain this type of environment for your dancers?
While I lead by example, I think the best way we’ve been able to accomplish this positive environment is due to the students’ buy in. I spend a lot of time focusing on building our team culture and training successful team leaders. By personality, I am not an inherently aggressive coach, and it took me a long time to accept that I could still be a successful collegiate even while being more reserved. However, I find that we all enjoy practice a lot more with a positive and encouraging environment.
We hear you are about to have a new addition to your family - can you tell us a little about her?
Kate is due any day now! We have a four year old boy and he’s so excited to help with her. My mom helped with the nursery décor and the theme is ballerinas. I am so happy to have some time off to spend with our sweet new girl.