Author Topic: Copyright laws  (Read 8370 times)

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MarcieA

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Re: Copyright laws
« Reply #15 on: Mar 17, 2007, 01:27 am »
Am I crazy or isn't there a form that has to be filled out to film an archival video for the show?

My SM packet (SPT) only has a form for tv/new taping, but I could've sworn that there's a form to sign. There was one at the LORT theatre I worked at...
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Mac Calder

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Re: Copyright laws
« Reply #16 on: Mar 17, 2007, 02:10 am »
Re Erin's post, which I did not see earlier - That is scary. I am not sure if MTI's threats could be carried out - there is a certain ammount of protection given to you when you are an employee of a company, and I doubt that the courts would be on the side of the rights holder when asking for money from people who are not involved in the act of breaking the law, but rather, just doing their job. It is a basic assumption on the part of the actors and crew that the production company has obtained the rights for any show they are employed to work, and they should not have to worry otherwise. I am sure the unions would jump onto the case if it were brought up. Stage Manager/Production Manager/Director/Producer are a slightly different kettle of fish (being management)

VSM

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Re: Copyright laws
« Reply #17 on: Mar 18, 2007, 11:36 am »
Many AEA contracts have a clause entitling a producer to make an archival videotape.
All of them have strict rules and regulations about the taping and forms that must be filled out.
The cast must also vote to approve the archival taping.

Please remember that not all contracts allow taping.

Permission must always be asked of the Union before any archival taping can occur.
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ljh007

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Re: Copyright laws
« Reply #18 on: Mar 20, 2007, 01:41 pm »
Stage Manager/Production Manager/Director/Producer are a slightly different kettle of fish (being management)
Not true - SM and Director are also independent contractors. PM might be a staff/management position, but might also be a contractor (happens rarely). Producer certainly is a managing figure.

Please note too that if you make other recordings for broadcast - not for archival purposes (for example: radio (NPR), television (PBS), or satellite (simulcasting)), you must have an additional agreement with your rights provider and each individual union involved in your production. Usually these union agreements will stipulate that you must pay the artists an additional fee for any broadcast/recorded performance. Then you will have to get each artist to sign a contract addendum. It's a lot of legwork, but that's how you cover your bases.

Listen, most publishers or unions aren't going to file a lawsuit against your neighborhood community theatre for somebody's mom filming her kid's performance as "2nd monkey from the right". Nor do they send a secret agent representative to be sure that no spy cameras are recording the performance. Do your best to try not to let it happen, but don't run around screaming "lawsuit". The big thing is that having illicit recordings out there will weaken your position when you go to negotiate your new union contract.

Mac Calder

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Re: Copyright laws
« Reply #19 on: Mar 20, 2007, 02:16 pm »
Whilst SM and PM may be contractors, they are often involved in the decision making process - and I have seen some very sneaky contracts which contained clauses about "Ensuring show develops within the bounds of contractual obligations to the rights company.". I don't know if they (being companies) can do that under the union regs, and I have no idea what the result would be if a clause like that was tested (either in AU or the US)

dramabrit58

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Re: Copyright laws
« Reply #20 on: Mar 20, 2007, 06:54 pm »
MTI is a publishing house.  I work for a community theatre and the easiest answer to any recording is a NO across the board no exemptions.  We have so many different directors come through our doors, some want copies and some say absolutely not.  So we play it safe and just say No to everyone.
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angelofmusic1781

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Re: Copyright laws
« Reply #21 on: Apr 05, 2007, 11:40 pm »
   MTI is one royalty house.  There are others including R&H which is also pretty big.  Even MTI will allow you to tape certain shows depending on the agreement you work out with them (note that there is extra money involved and not all shows allow for such agreement).  It always comes down to your negotiations for the royalties.  Now you also have to keep in mind when negotiating with the royalty house, they are acting as an agent of the authors/copyright holders.  Ultimately if they do not want it taped, they can say so.  I will say that some of the Disney shows MTI is carrying is allowing for recording contracts (you pay extra) for their youth Jr. versions.  This appeals to all the moms and dads with their kid in a show.   
   My recommendation would be to get permission from the copyright holder before you even worry about the union letting you tape.  The royalty agreement rules everything related to the show.  Sometimes it has control over things you may not even think important.  Always read your agreement carefully.  Many of these things are for the producer, artistic director, or guy that pays the bills to work out. 

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