Recording a stage show

[Thirdtap]

'lo

I have just spent some time looking for written information regarding recording of stage shows. I've done several blueroom / google searches but haven't come up with enough information.

I would like written / reliable documented information to show my staff as well as other members of staff and hirers.

I have knowledge from researching this a subject couple of years ago and although getting some information I never managed to get everything in writing. Although it says in the front of scripts - permission is not given for filming or recording of this show please apply for the rights, you still get (companies / hirers) pleading ignorance of this fact. That the warning is printed on the front page of their script that they have been learning for a while (in the case of am dram sometimes six months) does not matter.

 

What I would like is if anyone could assist me with getting suitable text that I can pass on which will help manily on the following subjects:

 

Venue staff realise that not all shows can be filmed - The oft mentioned fact that the venue / company may be liable for a penalty if they allow unauthorised recording. If of course this correct, I know that this mentioned a lot but I have not managed to get firm proof of this. If it is true and anyone knows of any previous cases where a venue / company or individual has been fined this would help me. Not to trade on someone’s bad luck but it could serve as an example and help in the learning process if staff and managers work out it may affect them.

 

The low volume clause ('We are only recording this for cast and crew not on sale to the general public' get out of jail card) - I did speak to MCPS years ago about this and was told there is a license that does cover this, but again it might not cover everything, some shows will still require permission from the copyright holders for this to happen.

 

I understand that shows that have been written by the company are available for recording, because the writer is a member of the company and is (hopefully) happy to do so. Although there does seem to be a rise in the amount of 'adapted' or based on shows that are around at the moment, sometimes a little to close to copyright infringement... No information required about this just an observation.

 

Thank you very much for you help and if you think there is anything else I am missing please add

 

Thirdtap C TM

[bruce]

Well, the relevant legislation in the UK is the 1998 Copyright, Designs and Patents Act.

 

Unless you're a lawyer, you won't want to read the above :o

 

There's a much more readable article in The Stage which explains it more clearly. In particular, it says:

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Furthermore, any filming of the performance will be an infringement of the author's copyright in the play itself since one of the acts protected by copyright is the copying of the work in any material form, even if only indirectly, for example, by making a film of it.

 

Copyright in a dramatic work includes the right to perform it and therefore filming a performance by making a record of it on film is the same as copying the performance itself.

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[paulears]

Bruce sums it up well. The big snag is that the actual copyright owner may well not be contactable, and in this case, the agent ha sthe power to say yes or no, and set a fee. If they don't say what you want, that's tough. I did a job once where I needed copyright clearance just on one piece of music (for a very good cause) and the person who did the arrangement wanted a fortune. The author heard about it and charged me £10, pretty cross because the arranger had been paid a flat fee for doing the job and didn't have the rights to copyright at all.

 

My advice, if you want to do it, but you're sure they will say no, is to go straight to the copyright owner - if they are willing to write a waiver, then you go ahead without worry.

I was once told I couldn't do an amateur version of a pro show - I asked the author and he said yes. He'd never thought an amateur version would be possible. It nearly even worked with Disney, but in the end, they did say no. Always ask. Sometimes, if the video really is for archive purposes, then making a copy available for the author may help swing it!

paul

[andy_s]

just to add complications, professional performers in a show must also be consulted and their agreement recieved / payment made. Under the terms of the Equity agreements, ( and subject to other copyright issues as gone into above) one performance in a run may be filmed for archive purposes. Which in strict terms does not mean one copy for every member of the cast.

 

If you can anticipate a need to film a performance, it might be a good idea to negotiate this at the same time as obtaining the licence to perform - if only because often getting a decision from agents can take a little while, and amateur runs tend to be short, which leaves the possibility of missing the boat or doing it illegally in expectation of recieving the right permissions.

 

It is a complete minefield, which doesn't help anyone. I'm certain that these copyright rules are far more ignored than adhered to. I won't say any more, on the grounds that I may incriminate myself......

[Just Some Bloke]

I had a quick read through the act, linked above, and can give the editted highlights as follows:

 

"Copyright is infringed by a person who without the license of the copyright owner does, or authorises another to do, any of the acts restricted by the copyright" [which includes] "to copy the work". "Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form" i.e. you can't record or video the show.

 

"Copyright does not subsist in a literary, dramatic or musical work unless and until it is recorded, in writing or otherwise". Interesting. This means that if a production is entirely improvised, then you can record it. You might want to discuss this with the performers, though!

 

"Copyright expires at the end of the period of 50 years from the end of the calander year in which the author dies."

 

"A person who supplied the apparatus, or any substantial part of it, is liable for infringement if when he supplies the apparatus or part he knew or had reason to believe that the apparatus was likely to be used to infringe copyright". i.e. if you hire someone a video camera or mics and sound recorder to record a show, then you're liable too.

 

"The author of a copyright literary, dramatic, musical or artistic work... has the right to be identified as the author... of the work". i.e. Even if you get permission to video the show, you must make sure the author's name is on the DVD, video, or their packaging. Interestingly, this also applies to the director of a film, but not to the director of a stage play.

 

"A person guilty of an offence... is liable... to imprisonment for a term not exceeding two years" [or a hefty fine].