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Archive copy?

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URL: http://www.communitytheater.org/forum/forum_posts.asp?TID=1438
Printed Date: 7/19/25 at 9:24pm
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Topic: Archive copy?
Posted By: th8rguykc
Subject: Archive copy?
Date Posted: 6/21/05 at 12:09pm

I'll try to keep this short.  The board I work with recently produced a well-known musical.  As part of my duties I agreed to come in and run one night of the box office.  I was asked to make the curtain speech.  (I HATE curtain speeches.)  This speech encourages season tickets, discusses the remaining season, please turn off phones, pagers, and reminds everyone to not take photos, video tape etc.

After Act I began I entered the house and found a woman videotaping.  She assured me that the Director had okayed it.  I rushed to our Board Pres.  She told me she was aware of it and the director was having it taped for his "archival copy" which he told her was allowed in the contract.  I stated that I thought this was a legal violation.  She shrugged it off!

I found out later that 3 different performances were taped!

Am I crazy?  Is this a violation?  Is their some allowance for "archival copies"?  Can these archive copies be taken during a performance?  I appreciate you feedback.




Replies:
Posted By: dboris
Date Posted: 6/21/05 at 1:03pm

Yes, generally it is illegal to tape a production (assuming it's not a show that's in the public domain), for any purpose, including "archival purposes". If there was such a permission it would likely be spelled out in the performance contract the you received from the rights holder.

Despite this, what you describe is not uncommon, people either don't know the terms of the contract or choose to ignore them figuring they won't be caught.

Dan



Posted By: Shatcher
Date Posted: 6/21/05 at 2:38pm
You would have to check the contract, however I think you can tape a preformance as long as no $ is made from sales of the tape. College theatres often use viedo tape of shows for classes. I would check your contract before taping again. Maybe ask the taper to sign a letter saying they will not sell the tape and the theatre is not responsiable.


Posted By: Tom_Rylex
Date Posted: 6/21/05 at 10:01pm
What Dan wrote is pretty much on the mark. Many groups think that they are ok, as long as they're not hawking video tapes in the lobby. Others just 'pretend' like it didn't happen, or assume that it's ok because "that's what we've always done." If you want to be completely legal with your 'archival copy,' it has to be either a) spelled out in your contract, or b) you have to request and receive permission from the right holders. For example, the following was plucked from the FAQ of the Dramatists play service website (www.dramatists.com):

[start quote]
Our theatre would like to make a videotape for our archives/grant proposal. Is this all right?

The agents we deal with are increasingly open to this kind of request, but as usual you must get their permission first. Again, contact the author's agent by writing to them at the address listed on the copyright page of the acting edition.
[end quote]

There is also a document on this subject on the American Association of Community Theater (http://www.aact.org/documents/Videotaping.pdf).

-Tom


-------------
The woods are lovely, dark and deep.
But I have promises to keep,
And miles to go before I sleep,
And miles to go before I sleep.
-R. Frost


Posted By: tristanrobin
Date Posted: 6/22/05 at 10:10am
"College theatres often use viedo tape of shows for classes."
=======

copyright laws are different for education - that's the reason that
high school choirs can sing protected music without paying
royalty fees - why schools can xerox copy portions of books etc
- all things that are illegal in areas other than education.


Posted By: Tom_Rylex
Date Posted: 6/25/05 at 11:06am
"Educational use" needs to be clarified -- the "fair use" clause applies to education (and a few other cases), but with limits.

What tristanrobin said about educational use is true, as long as the performance stays in the classroom. If that same class presented the performance to an audience (meaning presented to people outside the class), it's a public display of a copyrighted work, and is not subject to the fair use clause.

-Tom


-------------
The woods are lovely, dark and deep.
But I have promises to keep,
And miles to go before I sleep,
And miles to go before I sleep.
-R. Frost



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