Videotaping Copyrighted Performances

[HornsOverIthaca]

I sent a question when this thread came up to an entertainment lawyer named Gordon P. Firemark. He has a great website with all kinds of free and interesting information posted. Yesterday he answered my question.

The short answer: You can be fined up to $150,000 per copy of the show and blacklisted so you are never allowed to get rights to a show again. OUCH!
See the complete answer here.

He also has many links down the right side of the screen. I recommend you check out information in the "categories" section located second up from the bottom in the right column. You'll find answers from Mr. Firemark on a variety of legal entertainment questions all organized by topic.

That sounds kind of outrageous. Did he cite any cases where this happened? Who does he normally represent?

Lets say a parent starts filming away at a high school play or musical. Who's responsibility is it to go stop this person?

 

[museav]

Lets say a parent starts filming away at a high school play or musical. Who's responsibility is it to go stop this person?

Everyone's. I will preface my comments by saying that I am not an attorney or copyright law expert. But this is a topic in which I have had some involvement and followed with interest.

Whether you agree with the concept or not, if someone wants to pursue a copyrights issue they have the right to do so against whomever they wish. Typically, the initial onus is on the complainant to show some related real or potential damages, if there are no damages there is no basis for a complaint and many complaints do stop there. However, if such damages are reasonably shown then the onus is pretty much back on back onto the other parties to show that their actions were not a violation. The reality is that since the goal is compensating potential financial damages, in many copyright cases they will go after the parties who can or seem most able to pay, which would likely be the school, school district, club or association, etc. rather than a single individual.

You can put the responsibility for the other party to obtain rights into a Contract but I can also see that as a party obviously aware of such issues since you are addressing them in the Contract, that may not release you from all obligation. I can see certainly see someone arguing that there is a responsibility to take reasonable steps to ensure such obligations noted in the Contract are fulfilled in order to avoid all related liability, if you put it in there it is your job to enforce it. This is why I suggest discussing any Contract language with a qualified attorney rather than assuming that any Contract language completely removes you from any liability.

Even if the school is found to be protected due to the Contractual language, then that defense being used potentially lends credence to the argument that damages occurred and were the responsibility of some other party, possibly strengthening the case against those other parties. Thus a school or school district may be sued just to put them in the position of supporting that there was another party at fault. So it really can be in everyone's best interest to be proactive in preventing any cause for a copyright infringement suit.

 

[Grog12]

That sounds kind of outrageous. Did he cite any cases where this happened? Who does he normally represent?

Lets say a parent starts filming away at a high school play or musical. Who's responsibility is it to go stop this person?

It sounds outrageous but its not.

museav has allready answered this question a lot more elequently than I can so I won't set repeat what's allready been said. But there are other copyright issues beyond just the script.

Scenic Design: By definition is copywritten when its created.
Lighting Design: Same thing.
Costume Design: Same thing.

And since its where I butter my bread:

Choereography.

 

[TheLightmaster]

One of the theatres I work for has a humourous 'cellphone announcement' done by a few actors, usually relevant to their characters or the setting of the show, that states that you are not to use yor phone, take pictures, or videos. It's good because it adresses a serious issue but is fun too.