recording

[Lena]

Hello!

 

Can someone advise me on laws regarding recording people? To be specific, what do you do in this scenario; I am working as a freelance sound engineer for a conference, hired by a company and working on their premises. Their client has organsied the conference and the people speaking at it. I am asked to record all the speeches. My "manager", an employee of the building tells me the client has informed everyone speaking that they are to be recorded.

I go and hand someone a radio mic, saying they need to wear it for the recording. The man claims he knows nothing of this and doesn't want to be recorded, demands to know why and is annoyed that I can't say, as I have no direct contact with the client and don't get told why.

I call my manager, who tells me it is my job to record it and I have to do so, and have to tell the man to take this up with the client.

Now I am not about to try and pin a mic on someone who doesn't want me to. So I opted for my best smile, explained my position and said that I didn't think I could record anything against the mans wishes, whereupon he agreed to the recording.

 

In this instance it all worked out well. But this has happened to me a few times now, and I'm not well versed in the legal response.

 

I did start to wonder if I am allowed to record people against their wishes, or without their knowledge, which also happens, with show relay recordings. I've got into trouble with this before by recording a show at the request of and MD, for musical notes, and no one told the actors, they found out and I had to delete the minidisc.

So does the same apply everywhere?

 

Also, is it my responsibility, as a freelancer, to make sure that what I am doing is ok? If some one hired me to op a show, say, and asked me to record it, do I have to question if that is ok by everyone. Or do I just do my job and go home?

 

 

ps. Sorry I spelt the title wrong. I just noticed and I can't figure out how to edit it. Sorry!

 

Topic title fixed. Members cant edit topic titles, so the normal procedure would be to use the report button below the post to report it to a moderator. However this is currently broken since we moved to the new server. So PMing a moderator (full list here) would be the best bet for now until that's fixed. Or just wait and one of the mods will spot it and fix it fairly promptly. :)

[paulears]

I think the way most people seem to see this, is that you can record it without permission, but without this permision you are quite limited as to what you can do with it. As for recording show relays, the snag is that if it is a properly licenced show, then the agreement specifically prohibites recording, so you can't. Most theatrical style performances have loads of contracts involved some business to business, others individuals to individuals. These probably have these clauses in too.

 

So, my view is that recording peoples free speech can be carried out without too many worries, but like your case, if they object, they probably have the right to say "I don't wish this to be used"- I'm not sure they can ask for it to be erased? However, if their employer is using this as staff training, then their contract of employment may have something in it saying they agree to be trained - effectively giving away that right.

 

After all, when you phone your bank they tell you the call will be recorded for training purposes, but what do they really do with these recordings?

[Bobby Dazzler]

This crops up on so many jobs. Many of the shows I do record the performance and say it's for archive purposes. The trouble with that is that you can only do this once.

 

As for recording cast members during a show for an MD thats different. If you give a person a radio mic and they wear that mic through-out the show then you can record anything they sing or say BUT ONLY WHEN THEY ARE ON STAGE. It's not against the law to listen to them or record them off stage. However it's frowned upon.

 

Remember Turns are either Bitchin', or pissing. I wouldn't record these people without being asked by an MD or Director but I also wouldn't allow MD or Director to listen to the mics. Only the sound department should ever listen at the radio rack. That's my view.

 

Good Luck

 

Bobby Dazzler. "I'm a sound engineer, not a fricking miracle worker"

[Ellis]

Audio recording is a comon trick for making transcripts of speeches.

 

Video recording falls under the data protection act - anyone who can be identified from a recording must be aware that the recording is taking place.

 

The main issue about the use of a recording (video or audio - or even photography) is that of copyright - the following must all give their explicit permission:

 

1) Originators of the material (author, composer, playright, designers...)

2) Performer/Speaker

3) Producers/Organisers

4) The parents of any children involved (Child Protection)

5) The person who makes the recording

 

Is the process of making the recording illegal without these permissions, probably not (with the exception of child protection issues), but even playing it back to check quality could be considered to be using it!

For published works, if the grant of licence to perform explicity forbids recording and you record the performance, you are effectively performing without a licence. The use of video recording as part if the rehearsal process is a little more unclear.

 

Another issue to be aware of is that a p[erformer may, when they give permission for the recording to be made require that they have access to a copy at any time in the future.

[tekhieboy]

Another issue is that of Copyright. As the recording engineer you technically own the recording, but the spoken or sung content may be owned by someone else.

 

In the case of a speaker at a conference, unless it is stated in their contract that they agree to pass on the copyright for their words then they would own the copyright on them. But the engineer, or the person who pays them, (time to work out contracts again) would own the copyright on that specific recording. If copies are produced and sold, the express permission of the person who made the speach (or possibly the person who wrote it for them) would need to be obtained and terms for thier payment may need to be made.

 

Whatever you plan to record check contracts, and if your freelancing make sure that you put it in your contract.

 

It's all a bit messy and complicated really isn't it!