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Video taping

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URL: http://www.communitytheater.org/forum/forum_posts.asp?TID=3321
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Topic: Video taping

Posted By: Onstage
Subject: Video taping
Date Posted: 7/31/08 at 6:34pm

This question is about video-taping.

Replies:

Posted By: jayzehr
Date Posted: 8/01/08 at 12:10pm

Since I just had the usual "no, you can't videotape the show" conversation with an actor last night I guess I'll be the one to point out that if you are talking about theatre in most situations it would not be permitted to videotape performances and your website would be violating intellectual property rights.

Posted By: Onstage
Date Posted: 8/02/08 at 7:58pm

Yes, this is true. Videotaping is illegal in most circumstances unless you own the rights or have sought out permission - which is possible

Posted By: jayzehr
Date Posted: 8/03/08 at 2:59pm

So, how's that work? You're including linked youtube videos of performances (Seussical junior for example) with "CAST clip" dispayed at the bottom but you're saying the liability is youtube's or the actor's? The site seems to be encouraging linking to uploaded videos of performances. There's certainly no warning that it might be illegal and apparently no one is deleting them.
Just curious. Considering all the concern about intellectual property rights around here, I'm suprised no one else has commented. It seems to me that unlike other scenerios, here's an instance where someone could actually be generating revenue from the unauthorized use of copyrighted material.

Posted By: jayzehr
Date Posted: 8/03/08 at 4:52pm

And I know I'm obsessing, but it is kind of annoying to have to be the bad guy and tell your cast they can't videotape the show when there are not only all kinds of videos from theatrical productions all over YouTube but you have a site like this encouraging it. It makes you wonder what's the point? Is it just a technicality that I'm being anal retentive about? Obviously, it seems like most people don't really care.

Posted By: tristanrobin
Date Posted: 8/04/08 at 10:08am

This past Saturday, I saw a local children's theatre production of "Seussical" ... there must have been 25 people videotaping the performance.

With the proliferation of cam corders - heck, even my TELEPHONE will make a video! - I think this hard-and-fast rule is going to go by the wayside. It's going to become more and more impossible to police these illegal tapings.

Posted By: jayzehr
Date Posted: 8/04/08 at 1:44pm

So, I should just go ahead and let the cast have someone tape the show? Seriously, I don't know what to do. I don't see how it's harming anyone's intellectual or pecuniary interests and there doesn't seem to be any likelyhood of getting caught. So what's the point? It's just making me look like a legalistic freak to 20 people who all want to do it.

Posted By: Onstage
Date Posted: 8/04/08 at 6:55pm

No, you should not authorize recording w/out permission. There are shows, however, where you can buy video recording rights. I don't know what the fees are but maybe it is worth looking into since you have a lot of cast members who what a copy. It is possible for some productions but not all.

Posted By: dboris
Date Posted: 8/06/08 at 12:44pm

Originally posted by jayzehr

So, I should just go ahead and let the cast have someone tape the show? Seriously, I don't know what to do. I don't see how it's harming anyone's intellectual or pecuniary interests and there doesn't seem to be any likelyhood of getting caught. So what's the point? It's just making me look like a legalistic freak to 20 people who all want to do it.

You have to think about the consequences of getting caught. Just because we haven't heard of rights houses cracking down on videos doesn't mean it hasn't happened or that they won't start. If you do get caught not only may you get fined, you may end up having difficulties dealing with that particular rights house in the future. I knew a group that got caught doing an "illegal" musical review. One of the consequences of this is that they not longer got credit from the rights house, that had to pre-pay for everything for several years.

Since rights houses are effectivly monopolies (e.g. if I want to do West Side Story, there is only one place I can get the rights) you really don't want to end up on thier bad side.

Dan

Posted By: JohnnyOneNote
Date Posted: 8/31/08 at 9:05am

Actually the right houses can't bring a legal action it is the author and their reps that do that.

See Right houses (Sam French , MTI etc) do not hold those rights which is why it is in your contract NOT to record.

We have a VERY strict policy of NO RECORDING. not even a snip from a phone.

A friend of mine who works at MTI says that basically they always have to say NO. But that in actuality, many of the authors don't MIND as long as there is no SELLING of the DVD etc. Because it actually promotes their product. People see someone's vid and say . Heck if THEY can do it WE can do it.

But it is STILL ILLEGAL!

Many of the Disney shows from MTI you can get recording rights and the new company Theatrical Rights Worldwide offers recording rights also.

MTI, Sam, Tams, Dramatists etc do not offer it and can not offer it.

The bottom line is. It is not allowed unless by some chance you can get the rights. And YES, Theaters HAVE been sued over Youtube postings.

So it CAN happen.

I know this isn't what this total topic is about, but I have had to do a lot of research over the past few months about this topic for our board. I WANTED to be able to tape, but in the end had to suggest otherwise to the board.