body: Say I use three cameramen to record a pro golfer's swing at a public event in order to subsequently digitize the path of the swing in 3-space. Say I then program a baton (like a Wii remote or a smart phone taped to a golf club) to vibrate and/or beep when the device doesn't move through space along the same path and at the same speed as the original golf swing. (In other words, the device lets you "feel" what the pro's swing is really like: as you swing, the more the device will vibrate and beep the more you deviate from the programmed swing. On the other hand, the closer you duplicate the speed and position of the original swing, the quieter the device remains, so you can try to find the preferred "groove".)
  
  
  Would it be legal to sell the program and data, without any consideration going to the golfer whose swing is being duplicated?
  
  
  Say the software is embedded with the necessary hardware in a golf club handle that could be attached to any club.
  
  
  Say the software or device being sold didn't replicate a particular golfer, but instead let you download "path" files from servers, so that if someone posted a "Tiger Woods 5-iron" file or a "Bubba Watson 3-wood" file, you could load that "training" file into the device. Would that be like song or movie players, where the device is legal, but the file being downloaded or played might not be?
  
  
  
title: Is it illegal to "sell" a pro golfer's swing?