<p>Can someone explain to me the laws pertaining to recording our children in their musical theatre performances? In all the performances my daughter has done, recording has not been permitted. However, I see a lot of high school performances, community theatre performances, and award performances on Youtube. I thought these were not allowed due to copyright laws. I would love to be able to have these recorded. What am I missing?</p>
<p>From past community theatre shows I recall them being able to purchase a liscense to record but usually it is too cost prohibitive. Unfortunately many people just try and sneak the videos</p>
<p>Recording is not permitted in most licensing agreements. That doesn’t mean it doesn’t happen, but it shouldn’t be done, and certainly shouldn’t be posted on youtube.</p>
<p>I think it does depend on the license and the venue. My D has been given the option to purchase videos of some shows she has performed in but not others.</p>
<p>If a school purchases the license, they may record (by a professional or amateur) and charge “reasonable rates” for copies (my D’s school does this- DVDs of shows are $12) Schools are also allowed in most regular show agreements to record for “archive purposes”, even with without the license. (which as noted is fairly pricey) At my school, I do the shows, and we record for archive, and one copy goes in the library. I always tell parents that it is available for check out, and of course I have no power on what they do on their own computers…</p>
<p>But many videos that you see on YouTube etc are being shot “illegally”, and lots of theaters turn a blind eye… but every once in a while someone gets bitten in the backside by that.</p>
<p>My earlier comment was in response to the original question which seemed to me to be about a parent recording their child’s show, which is not permitted. The question of recording shows, in general, is nuanced and the answer is usually, it depends. From a school’s perspective, there are two types of video rights: 1) archival and 2) distribution which would allow for 100 copies to be made available to cast and crew. They cannot be sold for profit to cast and crew, and they cannot be sold at all to audience members. Any cost at all to cast and crew must be an ‘at cost’ amount.</p>
<p>The type of video rights may vary show to show. Some shows have only an archival video license available. Some shows have neither type available. It can depend on the original agreement with the author when the license was originated. One licensing company may include video rights with every license, and another may have a no-filming policy. Policing efforts happen but you won’t know by whom or when. The bottom line is that it is not okay for parents to be recording shows. There was a parent here on CC years ago who had filmed a child’s show at Stagedoor Manor and then put the entire video on youtube, as well as posting a link here. The director of the camp saw it and was not impressed. That is the kind of thing that can impact a school or camp or theatre’s ability to arrange further shows.</p>
<p>That’s kind of what I meant by “bitten in the backside”</p>
<p>This is one of those questions that comes up all the time. In fact, it is in almost all cases, illegal to record a production. Tams-Witmark and MTI forbid any reproduction: </p>
<p>“a. Recording: This license does not grant you the right to make, use and/or distribute a mechanical recording (rehearsal, performance or otherwise) of the Play or any portion of it by any means whatsoever, including, but not limited to, audiocassette, videotape, film, CD, DVD and other digital sequencing.” </p>
<p>There is similar language in the Tams-Witmark agreement. Samuel French offers you the ability to apply for recording/reproduction rights, but it is rare an agent will agree to that recording. Dramatists Play Service outright says you may not record the production. There are no exceptions for archival work. There are usually small exceptions for recordings to be used in advertising. But even that is normally severely limited. </p>
<p>I have never known where the “archival exception” came into play. It seems to me to be an urban legend. Many theatres do this, many more schools do this. In the vast majority of cases, it is simply not legal. </p>
<p>The issue here is that the publisher only controls the rights to the live stage performance. All other rights are still held by the author’s agent (noted on the copyright page.) Even if the right’s holder sympathizes with your reasons for taping, the way the copyright law is written, there is no wiggle room. The law does not differentiate between a tape used for archival purposes or one being sold in the lobby as a keepsake. </p>
<p>Playwrights are protective of their work and do not want a production to be shown that does not reflect their intent. This would have the potential to diminish the work.</p>
<p>Youtube is filled with this stuff. And as an artist it makes me quite sad to see people hurt other artists. Many of these students will one day be actively and angrily be trying to keep their work under their control. Use of their image, work as actors, vocal work, will all be sources of income for them and will also be being used illegally. </p>
<p>I cannot tell you how many times I’ve quietly questioned a student who has stolen a song or piece of sheet music and asked them how they will feel when students will one day be stealing their work and taking income from them. I know, the archival copy doesn’t seek to hurt artist’s incomes. And neither does the DVD you have from the high school production of the musical number in Act II that you’ll watch in 20 years and laugh at. But the original question was “is it legal?” No, it isn’t (in the VAST majority of cases.) </p>
<p>Sorry for the long post.</p>
<p>
Here you put your finger on the problem, and the explanation for why these recordings will continue to be made: there may be a legal prohibition, but there is no moral harm to anybody from this activity. This is not like unauthorized downloading of songs. It would be far better for the rights holders to allow limited recording but prohibit online distribution.</p>
<p>D has performed in many venues (professional cabarets, YoungArts, regional high school musical awards, NATS competitions, etc) where performances are routinely recorded and posted to YouTube. Like many others, she has often received enthusiastic comments from the writers and opportunities from casting directors as a direct result of these recordings (she has not posted any herself). I have heard many writers say that they view YouTube postings of their songs as an important part of the Creative Commons and that it is the new TinPan Alley. They say without it they would get very little exposure for their new work. There’s lots of great discussion of this (including some legal discussion) in the “YouTube Cons, Cautions, Kudos” thread. </p>
<p><a href=“YouTube Cons, Cautions and Kudos - Musical Theater Major - College Confidential Forums”>http://talk.collegeconfidential.com/musical-theater-major/1171596-youtube-cons-cautions-and-kudos.html</a></p>
<p>That may be true, momcares, that the groups your daughter has been involved with have routinely recorded and posted to youtube, but it’s still wrong without express permission. </p>
<p>I think cabarets, concerts, and competitions aren’t quite the same as full scale plays and musical productions.</p>
<p>I think there is a difference in recording/posting a cabaret type performance with sheet music that has been purchased and a venue that does not make money v. recording/posting a full performance of a licensed show. I think this is not a black and white area of the law or of artistic ethics.</p>
<p>My apologies. I assumed that the discussion of actual shows being recorded was what we were still talking about. An individual song performance is a different discussion.</p>
<p>Thanks for everyone’s feedback. So, I’m hearing that there is a difference between a “showcase” versus a full scale musical. Is that correct? My daughter participates in a summer camp that has 2 performances at the end of camp consisting of 15 to 20 musical numbers from different musicals. They charge money for tickets to these performances. Where does that fit?</p>
<p>I think the operative question there is does the summer camp record it and make it available? Even though they charge they could still be a non for profit and they are just covering costs with the ticket fees, etc… never a clear cut answer to these middle ground situations.</p>
<p>Here’s some info that is relevant to performance of individual songs: <a href=“ASCAP Licensing”>ASCAP Licensing;
There are, of course, countless videos of performances of copyrighted songs on YouTube (and elsewhere). I don’t know to what extent the rights owners pursue people who have posted those recordings.</p>
<p>@hunt, thanks, good information.</p>
<p>@evilqueen, they do not record the performances, which is why I want to, but only the ones my daughter is in. :-)</p>
<p>Let’s face it, if recording performances of copyrighted MT songs is ALWAYS illegal, then virtually every Theatre and MT program in the country is rountinely asking performers to break the law whenever they permit, request or require video auditions. 
</p>
<p>I’m fairly sure there are legal grey areas between pirating a professional performance for profit and recording a song by your kid in a non-professional performance for a non-commercial use, but I’m not an attorney so maybe I’m wrong. </p>