Facebook Postings

[VSM]

A friend of mine asks, "Is it legal to post clips from the show taken backstage during a performance on a closed Facebook group?"

[RuthNY]

Let's start with, "Is it legal to take video of the show, from backstage....?"

A friend of mine asks, "Is it legal to post clips from the show taken backstage during a performance on a closed Facebook group?"

[NomieRae]

I'm gonna go with a big NO unless it is expressly for media purposes.  I would imagine that would fall under their media/press part of the contract and be subject to the same rules and regulations of B-roll.

[Mac Calder]

It depends on soooooo many factors. The performance rights contract, the actors union contract, the venue's contract. Then there are the ethical questions.

IF: All the cast and crew are aware and okay with it, and the performance rights contract allows video taping (and distribution) and the actors union permits recording and distribution and there is no venue rule against it... sure.

Closed facebook does not mean the video cannot get out. I have some back stage technical clips of a big international musical which were created for the purpose of demonstrating specific stage effects - when I want to share the clips with some friends/collegues, I go over to their place with my laptop or a USB key and I show them the clip. Then I leave - with my laptop/USB key and the clips. I would suggest your friend do something similar if he wishes to show a backstage video. Or place it on vimeo or youtube as a private clip - post the link to the people that need to see it - and delete it a few days later.

[MatthewShiner]

Well, here's the thing about social media . . .

The contract we all sign is between the producers and the actors - and that specifies specific rules in which they producer may videotape, and what they can use.

So, is there an AEA rule about an actor video taping another actor - I don't think there is . . .

I usually defer to the theater's social media rules and go from there.

[loebtmc]

Don't forget that the scenic, lighting, prop and costume designers, and any crew caught on camera also have to be taken into consideration. I would assume that this is not ok - unless everyone (including SM, director and producer) signs off on it and understands that there is no such thing as true internet security.

[BayAreaSM]

And even to toss in another layer to this - as Matthew said:

So, is there an AEA rule about an actor video taping another actor - I don't think there is . . .

For Ballet Companies - we sign contracts with choreographers, Rights and Trusts - and there are very specific rules about videotaping, even from the wings, of the choreography. If anyone (including a performer) videos the performance, or any portion thereof, from anywhere - and that video gets posted online, and is discovered - the company that signed the contract for the rights to that ballet can lose their license rights.

For us, this is a major issue in our company - and it's up to the management to explain this situation to the performers and enforce it. So, speaking from that side, the answer is no. And they shouldn't be videoing the performance anyway. Period.

However - if this video is of backstage antics - be it nothing to do with the actual performance - that's another matter. How does the company (producer or performers) wish to be perceived in social media? Even if posted privately, the video can get out easily. That's a branding concern that also has to be handled by company policy.

[MatthewShiner]

I still think you to default to your producer's rule.

A regional theater I worked at two years ago allowed audience to take photos of the set, theater, etc . . . as long as actors where not on the stage . . . and encouraged people to tweet and post . . .  interesting.