Floor music ownership gymnast or club

[DND]

I was recently asked advice on a situation as was curious if this was a situation anyone else has run into before.

I friend of mine's DD left a gym under not so amicable circumstances. At the time the gym said they had lost the floor music and was unable to return it. While her DD was on a social network another gymnast mentioned that she had her music for her routine now.

This past weekend at a local meet the coaches.owners from the old gym were rather cold to the young girl and in turn now her mother wants to take action and get the music back and wanted advice on the best way to proceed.

My advice was to contact the other gymnasts parents to make them aware of the situation as I imagine they do not realize they may have purchased hand me down music. Also in the end you may hurt an innocent party by pulling music away from a routine that is developed and they may not know where the music actually came from.

On the other hand a gym or coach has no right to be selling music that was indeed purchased by someone else.

It seems it really is a no win situation as no matter what someone is hurt and I wonder is there anything to be gained.

Any thoughts???


Any insight would be appreciated as we are from a small area and my DD is related and I don;t want her caught in the backlash.

 

[cher062]

Well I purchased the music for my DD and we had the original CD and MP3 file the gym got a copy. Once the gym has it they shouldn't just use it for others but many do. As far as exclusive music unless you had the music specially made just for your DD then most floor music is available to the public for purchase. Heck this weekend if I heard "Pirates" one more time I was about to scream no less than 10 girls from different gyms had that one.

Getting the music back - Mom should just call and tell them she will be by on such and such a night ad if they could have her DD's floor CD ready for her pick up. But if its been awhile since they left then I would just let sleeping dogs lie at this point. I would ask what would be gained except more hard feelings from old gym directed your way.

 

[Deleted member D3987]

i wish that club owners/coaches would stop doing this. it's unethical, in some states unlawful and very unprofessional in which it makes us look like a bunch of vindictive %&)^!@$#

 

[virginiacoach]

At the gym I work at the gymnast/parent purchases two copies of the floor music when they get a routine. Both copies belong to the gym. One is for daily use and the other is for meets. If they ever leave and want a copy, we give them one of the copies with the understanding that the other copy may be used by another gymnast. We do not charge for it though. All gymnasts are given the option of picking from music already in our library and then they don't have to buy the music. We clearly stipulate that the music belongs to the gym although we will give the gymnast a copy or they can burn as many copies as they would like. We don't usually recycle routines but occasionally will use sections of routines from the past.

 

[flipper's fan]

If the gymnast purchases the music, how does it then belong to the gym? I don't understand that. I've been two places where it was done differently. At one gym there was music that belonged to the gym and was handed down to other gymnasts. They also had the option of purchasing their own music but no one did. At the other gym the gymnast purchases their own music, and may purchase a routine from a choreographer or get a routine from the gym. If you purchase it, it is yours and the gym can't give it to anyone else.

But for the OP- I don't see any way to enforce it. Sue the gym and the other gymnast for $50? I'd just buy it again and go on using it.

 

[10.0]

The gymnast owns it, afterall they paid for it. If she leaves (on good terms) or chooses different floor music and anothe gymnats wants hers they gym will ask her/her parents if that would be okay.

 

[staceyb]

At the gym I work at the gymnast/parent purchases two copies of the floor music when they get a routine. Both copies belong to the gym. One is for daily use and the other is for meets. If they ever leave and want a copy, we give them one of the copies with the understanding that the other copy may be used by another gymnast. We do not charge for it though. All gymnasts are given the option of picking from music already in our library and then they don't have to buy the music. We clearly stipulate that the music belongs to the gym although we will give the gymnast a copy or they can burn as many copies as they would like. We don't usually recycle routines but occasionally will use sections of routines from the past.

That sounds utterly wrong, IMHO. If the gymnast/parent buys the music the music belongs to them not the gym. If the gymnast uses a piece of music that the gym sources or already has then it is fair game to keep hold of it. I wouldn't be agreeing to the gym keeping hold of any music that I had bought.

 

[Tumblequeensmom]

Boy does this really hit hard w/me!!! I posted in another thread that I had BOUGHT the music for my DD's routine, paid a fortune for a choreographer to come in and work w/her, and now they've kept the CD (we didn't get a copy of it...stupid me, I shouldve copied it!!). Now all of a sudden, whoops, there's her music and routine being performed by a member of her previous gym. It just really sits poorly w/me. After reading all the responses about this on my previous post, I guess I'll just have to learn to "suck it up." But I think at least they should've given me back my music (since I paid for it), or at least ASKED if they could have used it. At least Virginiacoach says her gym has a policy that parents are aware of, and that's great. This other gym had no policy, no expectations about music and routines.

But...as I said, it leave me w/absolutely NO respect for her previous gym.... They didn't give me back her CD when she left (I asked), but then didn't want to deal with them any longer. I guess I need to put a positive spin on it and realize that at least she DID use it for a full prep op. season. And the kicker is that it's not a popular piece of music at all... In fact, one of her old coaches found it for her!!!

 

[tumblerK]

My gym paid for my music- I left the original with them and have CDs and a copy on the computer for myself. We have a whole bunch of other floor music from past gymnasts as well, and sometimes a new level 7 wants to have an old floor routine of that one optional girl that she really looked up to. Usually the old optional girl is really excited to come back for a visit and teach it to them! But if I had paid for my own music and such it would be a different story.

 

[gymdog]

This past weekend at a local meet the coaches.owners from the old gym were rather cold to the young girl and in turn now her mother wants to take action and get the music back and wanted advice on the best way to proceed.

I'm confused. She was at a meet, but doesn't have this music, so she must have another piece of music and routine, or another copy. What would be solved by trying to take the music back now other than prolonging contact with these people and creating drama? (which they might want, don't give them the satisfaction). Sometimes you're better off letting things go.

If you leave a gym you should ask for a copy of your music on the final day or when you go to clean out other things. Otherwise the gym is not going to have a system to send it to you.

While I wouldn't advocate doing it in cases like these, I don't think it would prosecuted anywhere for me to buy something and then give it to someone else. I am not a lawyer but I have serious doubts that it would be illegal for me to purchase something and then give it to someone else. Technically if you didn't give it to someone else, then I suppose you could make a case, but if you never asked for it or attempted to get it back, in my opinion the worst you could really accuse them of is cluelessness or disorganization and not the legal definition of stealing. For all we know they would have gladly handed it to you on your way out the door. It is unethical to knowingly do it but I doubt this would be a worthwhile claim to pursue. Better to just move on and limit contact with them at this point.

 

[TumbleBunny]

We were at a gym that had us buy two copies of the music. But when I think about it we should have just purchased the MP3 version. Never though about asking for the copy back . Because when we purchased two we kept one and the gym kept the other. But the routine was recycled down and the gym never gave us the option of not buying it, and using the gym's library. Honestly,at this point I really don't care about who uses the music or doesn't. Think, what comes around goes around.

 

[Gymnasticgrandkids]

Not thinking there is much you can do, except bad mouth that gym for what they have done and point out what everyone else is saying with regard to the issue...it is shameful that they would stoop that low...using or selling someone elses music that was not purchased by the gym. Our gym will only use someone who's left the gym's music if and only if they contact the former gymnast, ask for permission, and have the new parent pay a reduced rate for the music and/or routine to the parent/gymnast that owns it...that's because they are a reputable gym...shows what your former gym was....not reputable I would say.

 

[virginiacoach]

I also think that it is fair to assume in most cases that when kids move on to another gym or high school or leave the sport... they will be getting a new routine with new music etc. and most in our position don't really care. We also have some who do high school gymnastics who come back years later to pick up a copy of their music and we happily give it to them and even choreograph some of their routines for them years later. After a certain amount of time we move the music in our library into a file that is for use for our rec team. These gymnasts parents can't always afford to buy them music. The only people who have had issues with this system are those who have issues with everything.... no matter what you do, you will never make some people happy!

 

[Gymnasticgrandkids]

There are lots and lots of parents who grab the "free" stuff off youtube, so there are always ways to get free music....this is not a reason to think that copyrighted music purchased by a gymnast/parent "belongs" to anyone other than the gymnast/parent...and to state that "the only people who have had issues with this system are those who have issues with everything" is really stretching the matter....and I will bite my tongue at this point.

 

[Tumblequeensmom]

I definitely agree with Gymnasticgrandkids on this one. Regardless of why you leave a gym, if you pay for something, it should be yours to keep.

 

[Beekeeper]

I also think that it is fair to assume in most cases that when kids move on to another gym or high school or leave the sport... they will be getting a new routine with new music etc. and most in our position don't really care. We also have some who do high school gymnastics who come back years later to pick up a copy of their music and we happily give it to them and even choreograph some of their routines for them years later. After a certain amount of time we move the music in our library into a file that is for use for our rec team. These gymnasts parents can't always afford to buy them music. The only people who have had issues with this system are those who have issues with everything.... no matter what you do, you will never make some people happy!

I agree you can't make "some"people happy. But maybe when someone leaves your gym to simply give them the choice to take the music or not. Would be a courteous gesture. They may not have an "issue" leaving it behind for the rec team. But if you haven't put the option out there, how do you know what the answer would be. To keep music that you haven't purchased or was donated to the gym??? Think many would find this type of behavior questionable,or have an issue with it.

 

[JBS]

These floor music legality threads are so boring.

When you purchase floor music it is for one gymnast. Whoever paid for the music owns it. If a club paid for it for "Jenny", then they may only use it for "Jenny"...NOT "Suzy".

FROM ENERGYM FAQ:

How many copies of my music can I make?
You can make as many copies as you need only for your own personal use. You are not allowed to make copies to give to friends or to sell to someone else. Coaches - these tracks are only for use by the gymnast who buys them or for whom they are bought. You may not keep them and build your own library or hand them down to next year's gymnast.. you're on the honor code here. Please help us continue to provide the best in gymnastics music by observing the law on this.

I could close this thread, but it's really amusing watching people try to figure this out.

 

[DND]

I'm confused. She was at a meet, but doesn't have this music, so she must have another piece of music and routine, or another copy. What would be solved by trying to take the music back now other than prolonging contact with these people and creating drama? (which they might want, don't give them the satisfaction). Sometimes you're better off letting things go.

If you leave a gym you should ask for a copy of your music on the final day or when you go to clean out other things. Otherwise the gym is not going to have a system to send it to you.

While I wouldn't advocate doing it in cases like these, I don't think it would prosecuted anywhere for me to buy something and then give it to someone else. I am not a lawyer but I have serious doubts that it would be illegal for me to purchase something and then give it to someone else. Technically if you didn't give it to someone else, then I suppose you could make a case, but if you never asked for it or attempted to get it back, in my opinion the worst you could really accuse them of is cluelessness or disorganization and not the legal definition of stealing. For all we know they would have gladly handed it to you on your way out the door. It is unethical to knowingly do it but I doubt this would be a worthwhile claim to pursue. Better to just move on and limit contact with them at this point.

She was at the meet watching not competing. When she had such a bad time at the old gym she decided to take a year off as she felt she would have no where else to go and now has found another gym which she is starting back into, but not competing yet. I think the fear is once she competes is she now going to come across this girl with her routine and music.

For her parents it is a bit of a vendeta (for lack of better words) as they were quite cruel to their DDr and blamed her for my DD leaving the gym last year as she moved to a more establishd gym. Once my DD left the owners/coaches were very vocal (abusive)about it towards her; asking when she was leaving etc. and not really helping her train any longer.

Not very professioanal, but I guess it happens.

 

[virginiacoach]

Any gymnast or parent who asks for a copy of their music is given it.. whether it be the moment they walk out the door, two months later or a year later... as long as we can still find it we give it to them. We have no issue with them taking their music with them and/or their routines. We also only charge our gymnasts $175 for their floor routines and do their beams for free compared to some who charge over $300 for theirs. It is also our practice to immediately offer to buy back their uniforms from them which many people appreciate being able to get a return of somewhat on that. Especially for those who go from gym to gym to gym.. buying all those uniforms can get expensive !

 

[flipper's fan]

Wish I could "superlike" JBS's post!