Open Forum

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

There's no way I would take that chance.  Several years ago an area school got caught and was fined $250,000.  That's not a risk I'm willing to take.

As far as how we prevent it, I know that we don't prevent it 100%.  I do what I can and figure the rest is what it is.  One thing I am finding is that the more I educate my students on what is allowed and why it's illegal and disrespectful, the more they educate their parents and friends and the fewer problems we have.

I put it in our program, have signs in the lobby, and include it in the pre-show announcement.  We always frame it as being a part of our contract and a distraction to actors and other audience members, so out of respect for everyone involved, please help us honor our contract by not taking video.  I've found that when they understand that it's not just us being mean, that there's a legitimate reason behind it, people tend to be more compliant.
-------------------------------------------
Laura Steenson
Theatre Director
Reynolds High School
Troutdale OR
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

We do not record our performance for any reason.  We do allow our parents at times to record a show, but only after they have contacted the company to ask for permission.  Many times they give permission as long as it is for personal use and not distributed in any way.

-------------------------------------------
Derek Anderson
Teacher
Calvert County Public Schools
Owings MD
-------------------------------------------






Original Message:
Sent: 05-31-2014 07:05
From: Mark A Zimmerman
Subject: Video Recordings of Productions

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

Here is a lovely way that a school handled this challenge:
https://www.youtube.com/watch?v=f7NoeTrQnkI

Thanks for discussing this important topic! Think about making nice photo gallery set to music and posting it on YouTube for students and their parents. One can get a full sense of the play and production -- even better, perhaps, because the viewer doesn't have to cope with the inevitable problems with sound or camera angles. This doesn't violate copyright your agreement with the licensor. A couple of other examples:

photo gallery with music: https://www.youtube.com/watch?v=5b4t9LwSzyk
video of short clips from the play: https://www.youtube.com/watch?v=oQwU9JcUukQ

Perhaps creating a video of "the making of," which could include the backstage crew, with students interviewed about being in the play, could help solve this problem. It could include clips from rehearsal (if you only have a few seconds, a couple of lines, you are not in violation). This could be a lovely permanent record and a reminder of the process and someone with even a small part, who might not be seen much in a video of the entire production, could have their moment of sound bite. Lots of professional theatres are posting discussions and interviews on their websites. Good examples can be found at the Playwrights Horizons' website.

This is a tricky issue. I understand parents and students wanting a permanent record, especially in this era where everything is recorded. I wish I could go back and see my own performances at my high school and college and community theatre.. Or do I? In my mind these were magical times and the photos reflect that. But I might be appalled to see my limitations as a sixteen-year-old actress. Do your student actors really want prospective colleges and professional directors to have access through the internet to viewing their performance in a middle school production they were in several years earlier? However wonderful it was at the time, once it's posted it's there forever.

From a playwright's perspective, it's very very hard seeing your work posted online without permission. Other theaters thinking about doing your play may look at the video and make a snap decision not to produce, based on a production you weren't involved with. But photos posted online will give a future director inspiration, as well as being something lovely and lasting that students can share with their families. 

Thanks so much to those of you who honor copyright laws and who don't distribute archival videos. That's an important lesson for your students to learn. As for parents recording, well, I supposed there is little to be done about that other than a complete ban, which may not be worth the effort. But I'm sad that rather than experiencing the joy of watching their child perform live they are busy operating a technological device that can at most give a mediocre record of a moment they are not embracing fully as it is happening.

-------------------------------------------
Arlene Hutton
playwright
New York NY
-------------------------------------------






Original Message:
Sent: 05-31-2014 07:05
From: Mark A Zimmerman
Subject: Video Recordings of Productions

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

WOW-- what a fight........I ask parents each time...print it in the program...post signs...yet THIS year, during "The Drowsy Chaperone"  I was "told off' by parents who WERE disturbing others around them......they claimed they "know" entertainment lawyers and that no one will prosecute parents.   Well, it was a mess, to say the least.  I, too, broached the subject of setting an example for our kids and following the copywright laws.   I think we need to have the backing of publishers who are willing to go after parents...perhaps we need a lawyer to advise US, as we try to do our jobs.

-------------------------------------------
Debbie Corbin
Branson High School
Spokane MO
-------------------------------------------






Original Message:
Sent: 05-31-2014 07:05
From: Mark A Zimmerman
Subject: Video Recordings of Productions

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

As others have noted, yes it's illegal to make any kind of video recording, archival or otherwise, unless you have licensed those rights from the publisher.  And a big Thank You to those of you who work so hard to protect the rights of playwrights.

Speaking first as a playwright, it's a discussion that has gone round and round, and it's complicated.  I think we all agree it's not legal, but on a pragmatic level, if I discover a clip of one of my plays on YouTube (and there are many), it's an advertisement for the play--and there are a number of playwrights who work widely in the youth market (or elsewhere) who feel that way.  My own policy is to contact the offender, let them know that what they did isn't legal, but offer a solution:  you may leave it up so long as you credit me (because they often don't) and put a link to where one can order the play.

Where I draw the line is at recordings of an entire show and if I see a clip/recording that I don't believe represents the play well.  For instance, one school did a recording that was A) the entire play and B) of very poor quality.  I forced them to take it down.  I also once encountered (because I do regular Google and Copernic searches to keep an eye out for illegal productions) a production that was not only recorded, but that was aired on local cable.  In that case, I called on them to desist, and they paid me a decent settlement as compensation for what was already aired.

Putting on my publisher hat, I think the solution for the future (this is what we do, and all but maybe 5 of our 120+ playwrights signed off on it) is for publishers to monetize and sell limited video rights, allowing for a number of limited DVD/download copies for in-home use (since that's mostly what parents want anyway).  If parents knew that you were making a quality official copy that they could receive/purchase from you, that would cut down on the number of people with their phones/cameras and allow them to actually watch their child, rather than watching through a lens, which is not the same thing as truly being present in the theatrical experience.

Cheers,
Jonathan

-------------------------------------------
Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA
-------------------------------------------






Original Message:
Sent: 06-01-2014 18:30
From: Debbie Corbin
Subject: Video Recordings of Productions

WOW-- what a fight........I ask parents each time...print it in the program...post signs...yet THIS year, during "The Drowsy Chaperone"  I was "told off' by parents who WERE disturbing others around them......they claimed they "know" entertainment lawyers and that no one will prosecute parents.   Well, it was a mess, to say the least.  I, too, broached the subject of setting an example for our kids and following the copywright laws.   I think we need to have the backing of publishers who are willing to go after parents...perhaps we need a lawyer to advise US, as we try to do our jobs.

-------------------------------------------
Debbie Corbin
Branson High School
Spokane MO
-------------------------------------------






Original Message:
Sent: 05-31-2014 07:05
From: Mark A Zimmerman
Subject: Video Recordings of Productions

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

I, too, insist on no videotaping of productions (unless the material is in the public domain).  But it's an uphill battle because the internet is filled with videos of entire plays.  This is the realm to which my students, and their parents, are exposed. They've all seen productions of plays and musicals, both amateur and professional, in their entirety. It doesn't seem that anyone is policing YouTube, so what argument can I make when a parent says that Grandma, who lives in Texas, wants to see Jimmy in his high school show? It's illegal. Then why are these shows on YouTube?  
Another complication arises because colleges are accepting clips from videos of productions as supplementary material with an application. I had a parent make the case that his son "needs this to get into college". It puts those of us who understand the law in a minority. 

-------------------------------------------
Michael Bergman
Teacher/Director
Alexandria VA
-------------------------------------------






Original Message:
Sent: 06-02-2014 10:45
From: Jonathan Dorf
Subject: Video Recordings of Productions

As others have noted, yes it's illegal to make any kind of video recording, archival or otherwise, unless you have licensed those rights from the publisher.  And a big Thank You to those of you who work so hard to protect the rights of playwrights.

Speaking first as a playwright, it's a discussion that has gone round and round, and it's complicated.  I think we all agree it's not legal, but on a pragmatic level, if I discover a clip of one of my plays on YouTube (and there are many), it's an advertisement for the play--and there are a number of playwrights who work widely in the youth market (or elsewhere) who feel that way.  My own policy is to contact the offender, let them know that what they did isn't legal, but offer a solution:  you may leave it up so long as you credit me (because they often don't) and put a link to where one can order the play.

Where I draw the line is at recordings of an entire show and if I see a clip/recording that I don't believe represents the play well.  For instance, one school did a recording that was A) the entire play and B) of very poor quality.  I forced them to take it down.  I also once encountered (because I do regular Google and Copernic searches to keep an eye out for illegal productions) a production that was not only recorded, but that was aired on local cable.  In that case, I called on them to desist, and they paid me a decent settlement as compensation for what was already aired.

Putting on my publisher hat, I think the solution for the future (this is what we do, and all but maybe 5 of our 120+ playwrights signed off on it) is for publishers to monetize and sell limited video rights, allowing for a number of limited DVD/download copies for in-home use (since that's mostly what parents want anyway).  If parents knew that you were making a quality official copy that they could receive/purchase from you, that would cut down on the number of people with their phones/cameras and allow them to actually watch their child, rather than watching through a lens, which is not the same thing as truly being present in the theatrical experience.

Cheers,
Jonathan

-------------------------------------------
Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA
-------------------------------------------






Original Message:
Sent: 06-01-2014 18:30
From: Debbie Corbin
Subject: Video Recordings of Productions

WOW-- what a fight........I ask parents each time...print it in the program...post signs...yet THIS year, during "The Drowsy Chaperone"  I was "told off' by parents who WERE disturbing others around them......they claimed they "know" entertainment lawyers and that no one will prosecute parents.   Well, it was a mess, to say the least.  I, too, broached the subject of setting an example for our kids and following the copywright laws.   I think we need to have the backing of publishers who are willing to go after parents...perhaps we need a lawyer to advise US, as we try to do our jobs.

-------------------------------------------
Debbie Corbin
Branson High School
Spokane MO
-------------------------------------------






Original Message:
Sent: 05-31-2014 07:05
From: Mark A Zimmerman
Subject: Video Recordings of Productions

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

And many prestigious theater companies and Universities, who support middle and high school productions by creating "Star Awards" ( and they are very coveted), require a video copy of the show for their judges to review.
Not that I am into awards that much, but you don't have a chance if there is no tape of the show. 
So we are required to break the contract we all sign in order to participate.....

-------------------------------------------
Ron Wells
LCJ Summit Middle School
Summit, NJ
-------------------------------------------






Original Message:
Sent: 06-03-2014 08:51
From: Michael Bergman
Subject: Video Recordings of Productions

I, too, insist on no videotaping of productions (unless the material is in the public domain).  But it's an uphill battle because the internet is filled with videos of entire plays.  This is the realm to which my students, and their parents, are exposed. They've all seen productions of plays and musicals, both amateur and professional, in their entirety. It doesn't seem that anyone is policing YouTube, so what argument can I make when a parent says that Grandma, who lives in Texas, wants to see Jimmy in his high school show? It's illegal. Then why are these shows on YouTube?  
Another complication arises because colleges are accepting clips from videos of productions as supplementary material with an application. I had a parent make the case that his son "needs this to get into college". It puts those of us who understand the law in a minority. 

-------------------------------------------
Michael Bergman
Teacher/Director
Alexandria VA
-------------------------------------------






Original Message:
Sent: 06-02-2014 10:45
From: Jonathan Dorf
Subject: Video Recordings of Productions

As others have noted, yes it's illegal to make any kind of video recording, archival or otherwise, unless you have licensed those rights from the publisher.  And a big Thank You to those of you who work so hard to protect the rights of playwrights.

Speaking first as a playwright, it's a discussion that has gone round and round, and it's complicated.  I think we all agree it's not legal, but on a pragmatic level, if I discover a clip of one of my plays on YouTube (and there are many), it's an advertisement for the play--and there are a number of playwrights who work widely in the youth market (or elsewhere) who feel that way.  My own policy is to contact the offender, let them know that what they did isn't legal, but offer a solution:  you may leave it up so long as you credit me (because they often don't) and put a link to where one can order the play.

Where I draw the line is at recordings of an entire show and if I see a clip/recording that I don't believe represents the play well.  For instance, one school did a recording that was A) the entire play and B) of very poor quality.  I forced them to take it down.  I also once encountered (because I do regular Google and Copernic searches to keep an eye out for illegal productions) a production that was not only recorded, but that was aired on local cable.  In that case, I called on them to desist, and they paid me a decent settlement as compensation for what was already aired.

Putting on my publisher hat, I think the solution for the future (this is what we do, and all but maybe 5 of our 120+ playwrights signed off on it) is for publishers to monetize and sell limited video rights, allowing for a number of limited DVD/download copies for in-home use (since that's mostly what parents want anyway).  If parents knew that you were making a quality official copy that they could receive/purchase from you, that would cut down on the number of people with their phones/cameras and allow them to actually watch their child, rather than watching through a lens, which is not the same thing as truly being present in the theatrical experience.

Cheers,
Jonathan

-------------------------------------------
Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA
-------------------------------------------






Original Message:
Sent: 06-01-2014 18:30
From: Debbie Corbin
Subject: Video Recordings of Productions

WOW-- what a fight........I ask parents each time...print it in the program...post signs...yet THIS year, during "The Drowsy Chaperone"  I was "told off' by parents who WERE disturbing others around them......they claimed they "know" entertainment lawyers and that no one will prosecute parents.   Well, it was a mess, to say the least.  I, too, broached the subject of setting an example for our kids and following the copywright laws.   I think we need to have the backing of publishers who are willing to go after parents...perhaps we need a lawyer to advise US, as we try to do our jobs.

-------------------------------------------
Debbie Corbin
Branson High School
Spokane MO
-------------------------------------------






Original Message:
Sent: 05-31-2014 07:05
From: Mark A Zimmerman
Subject: Video Recordings of Productions

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

Following up on Michael's stated case of 'my students needs this to get into school' we expressly exclude performance clips and require a standard videoed monologue for our scholarship candidates. We feel it is impossible to fairly assess a students ability to create a character, convey subtext, or demonstrate the ability to develop an arc and deliver a moment when looking at a clip from a production. The director's work is not what we care about, we want to get a sense of how the student will approach the work. After all, that's who we hope to train for 4 years!! Explain it's illegal and doesn't fully demonstrate their childs abilities and potential. Besides the audio is usually terrible to say nothing of the balance!
-------------------------------------------
John Friedenberg
Director Of Theatre Department of Theatre & Dance
Winston-salem NC
-------------------------------------------


Original Message: Sent: 06-03-2014 08:51 From: Michael Bergman Subject: Video Recordings of Productions I, too, insist on no videotaping of productions (unless the material is in the public domain). But it's an uphill battle because the internet is filled with videos of entire plays. This is the realm to which my students, and their parents, are exposed. They've all seen productions of plays and musicals, both amateur and professional, in their entirety. It doesn't seem that anyone is policing YouTube, so what argument can I make when a parent says that Grandma, who lives in Texas, wants to see Jimmy in his high school show? It's illegal. Then why are these shows on YouTube? Another complication arises because colleges are accepting clips from videos of productions as supplementary material with an application. I had a parent make the case that his son "needs this to get into college". It puts those of us who understand the law in a minority. ------------------------------------------- Michael Bergman Teacher/Director Alexandria VA -------------------------------------------
Original Message: Sent: 06-02-2014 10:45 From: Jonathan Dorf Subject: Video Recordings of Productions As others have noted, yes it's illegal to make any kind of video recording, archival or otherwise, unless you have licensed those rights from the publisher. And a big Thank You to those of you who work so hard to protect the rights of playwrights. Speaking first as a playwright, it's a discussion that has gone round and round, and it's complicated. I think we all agree it's not legal, but on a pragmatic level, if I discover a clip of one of my plays on YouTube (and there are many), it's an advertisement for the play--and there are a number of playwrights who work widely in the youth market (or elsewhere) who feel that way. My own policy is to contact the offender, let them know that what they did isn't legal, but offer a solution: you may leave it up so long as you credit me (because they often don't) and put a link to where one can order the play. Where I draw the line is at recordings of an entire show and if I see a clip/recording that I don't believe represents the play well. For instance, one school did a recording that was A) the entire play and B) of very poor quality. I forced them to take it down. I also once encountered (because I do regular Google and Copernic searches to keep an eye out for illegal productions) a production that was not only recorded, but that was aired on local cable. In that case, I called on them to desist, and they paid me a decent settlement as compensation for what was already aired. Putting on my publisher hat, I think the solution for the future (this is what we do, and all but maybe 5 of our 120+ playwrights signed off on it) is for publishers to monetize and sell limited video rights, allowing for a number of limited DVD/download copies for in-home use (since that's mostly what parents want anyway). If parents knew that you were making a quality official copy that they could receive/purchase from you, that would cut down on the number of people with their phones/cameras and allow them to actually watch their child, rather than watching through a lens, which is not the same thing as truly being present in the theatrical experience. Cheers, Jonathan ------------------------------------------- Jonathan Dorf Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights Los Angeles CA -------------------------------------------
Original Message: Sent: 06-01-2014 18:30 From: Debbie Corbin Subject: Video Recordings of Productions WOW-- what a fight........I ask parents each time...print it in the program...post signs...yet THIS year, during "The Drowsy Chaperone" I was "told off' by parents who WERE disturbing others around them......they claimed they "know" entertainment lawyers and that no one will prosecute parents. Well, it was a mess, to say the least. I, too, broached the subject of setting an example for our kids and following the copywright laws. I think we need to have the backing of publishers who are willing to go after parents...perhaps we need a lawyer to advise US, as we try to do our jobs. ------------------------------------------- Debbie Corbin Branson High School Spokane MO -------------------------------------------
Original Message: Sent: 05-31-2014 07:05 From: Mark A Zimmerman Subject: Video Recordings of Productions Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape. I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment. A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. We instead take exquisite production photos that can be purchased by parents. Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it. ------------------------------------------- Mark A Zimmerman Theatre Director Akron School for the Arts Akron Public Schools -------------------------------------------
Original Message: Sent: 05-30-2014 08:59 From: Caitlin Bennett Subject: Video Recordings of Productions We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals? A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them. Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more. ------------------------------------------- Caitlin Bennett Theatre Educator Chaminade Julienne Catholic High School Dayton, OH -------------------------------------------

Pay for the video rights and you can distribute it to your cast and crew.
-------------------------------------------
Pauline Lakanen
Drama Teacher
Miami Dade Public Schools
Miami FL
-------------------------------------------






Original Message:
Sent: 05-31-2014 07:05
From: Mark A Zimmerman
Subject: Video Recordings of Productions

Your license also forbids the creation of an archival copy of your play. My sense is as long as there is a camera set up to shoot for your archive parents are going to ask about getting a copy. 

We have only taped a show twice. Once was a Shakespeare production for which we commissioned music to be written and therefore owned the copyright and also for Mary Poppins for which a license can be purchased for the right to videotape.

I want my students to understand and respect the concept of intellectual property so we do not tape a show unless we have the express right to do so. They sometimes are frustrated by this because they see that practically everyone else tapes and distributes their shows, but in the end it reinforces the idea that a true theatrical event is only in the moment.

A tape of a show creates a mechanical barrier between the artist and audience which I strongly believe is antithetical to the original experience. 

We instead take exquisite production photos that can be purchased by parents. 

Parents of course record video from their seat and there is not much that can be done about it. It is mostly them recording their kid singing their song. I don't like it but as long as they are not disturbing other audience members we do not make a scene out of it.

-------------------------------------------
Mark A Zimmerman
Theatre Director
Akron School for the Arts
Akron Public Schools
-------------------------------------------






Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

-------------------------------------------
Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
-------------------------------------------

I agree pretty much on all points with my acquaintance and colleague Jonathan Dorf.

What many people don't understand is that the author of a published, copyrighted play has control over the movie and TV rights to the play, and, legally speaking, even making a single "archival" video of the play on a smart phone is considered to be making a movie version of the play.  Your lead's mother is no more entitled to do that than is, say, DreamWorks Studios - without the permission of the author.

Of course, let's be real.  A student's mother making a souvenir video of Her Baby's performance in a high-school production really isn't the same thing as Spielberg directing a true movie version of that play for international release.  I don't for one minute believe that a cinematic version will ever be made of any of my little one-act plays, and I certainly don't believe that letting Johnny's mom film the Niceville High School production of one of my plays will someone harm a potential sale of film rights to the script.

So.

Whenever I have been asked by a school or theatre if they may make a video of one of my plays, I have always allowed it, under three conditions: (1) the video is only to be used for the group's archives and/or as a souvenir for cast and crew members, (2) the video may not be sold for a profit (though I will allow a charge large enough to recover video production and/or duping costs), and (3) the video may not be posted, in whole or in part, on the Internet.

However, I have sometimes found videos of complete peformances of any of my plays online - YouTube, for instance - and none of these groups has ever asked my permission to record, much less to post.  In those cases, I have contacted the websites in question, as the copyright owner for the given plays, to have the videos removed.  It has especially bothered me to see Internet videos of my plays where lines were wildly paraphrased or even rewritten, where male characters were rewritten as female characters without my permission, etc.  While people may think that these videos act as commercials for my work, I don't want people to see such videos, order scripts, note discrepancies between the videos they saw and the scripts they ordered, and make the same changes under the assumption that if it's posted online that way, it's all right to do the show that way.

I do like the move that some publishers are making to license organizational videos, with a cut of the fee going to the playwrights, and I have willingly paid licensing fees myself to record certain shows performed by my students.  I wish that more publishers would get more active on this point - I'll bet that many other writers out there would allow schools to make videos of shows in exchange for modest licensing fees.

-------------------------------------------
Jeff Grove
Theatre Teacher, Aesthetics Department Chair
Stanton College Preparatory School
Jacksonville FL

Thanks, Jeff.  I think we're starting to see a shift among publishers on this issue in the same way that publishers are starting to sell e-scripts.  It's a question of adapting to a new technology paradigm.  It's started with mostly smaller publishers, but with bigger ones like PIayscripts coming on board, I think it will eventually trickle up to some of the larger "legacy" publishers eventually.  My own thought process on it was, "If I can't stop it, I might as well make money on it."

Cheers,
Jonathan

-------------------------------------------
Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA
-------------------------------------------






Original Message:
Sent: 06-02-2014 14:13
From: Jeff Grove
Subject: Video Recordings of Productions

I agree pretty much on all points with my acquaintance and colleague Jonathan Dorf.

What many people don't understand is that the author of a published, copyrighted play has control over the movie and TV rights to the play, and, legally speaking, even making a single "archival" video of the play on a smart phone is considered to be making a movie version of the play.  Your lead's mother is no more entitled to do that than is, say, DreamWorks Studios - without the permission of the author.

Of course, let's be real.  A student's mother making a souvenir video of Her Baby's performance in a high-school production really isn't the same thing as Spielberg directing a true movie version of that play for international release.  I don't for one minute believe that a cinematic version will ever be made of any of my little one-act plays, and I certainly don't believe that letting Johnny's mom film the Niceville High School production of one of my plays will someone harm a potential sale of film rights to the script.

So.

Whenever I have been asked by a school or theatre if they may make a video of one of my plays, I have always allowed it, under three conditions: (1) the video is only to be used for the group's archives and/or as a souvenir for cast and crew members, (2) the video may not be sold for a profit (though I will allow a charge large enough to recover video production and/or duping costs), and (3) the video may not be posted, in whole or in part, on the Internet.

However, I have sometimes found videos of complete peformances of any of my plays online - YouTube, for instance - and none of these groups has ever asked my permission to record, much less to post.  In those cases, I have contacted the websites in question, as the copyright owner for the given plays, to have the videos removed.  It has especially bothered me to see Internet videos of my plays where lines were wildly paraphrased or even rewritten, where male characters were rewritten as female characters without my permission, etc.  While people may think that these videos act as commercials for my work, I don't want people to see such videos, order scripts, note discrepancies between the videos they saw and the scripts they ordered, and make the same changes under the assumption that if it's posted online that way, it's all right to do the show that way.

I do like the move that some publishers are making to license organizational videos, with a cut of the fee going to the playwrights, and I have willingly paid licensing fees myself to record certain shows performed by my students.  I wish that more publishers would get more active on this point - I'll bet that many other writers out there would allow schools to make videos of shows in exchange for modest licensing fees.

-------------------------------------------
Jeff Grove
Theatre Teacher, Aesthetics Department Chair
Stanton College Preparatory School
Jacksonville FL

Here's the bottom line on video recording copyrighted productions:

The performance license that is issued for most titles contains language similar to:

This license does not grant you, or any third party, the right to make, use and/or distribute any recording or reproduction of the Play or any portion of it by any means whatsoever, including, but not limited to videotape or video disc (DVD or Digital), IOS device, film, sound recording (CD), and other digital sequencing or storage/sequencing system. You shall not broadcast, transmit and/or electronically post any portion of the Play including, without limitation, musical selections by any means whatsoever, including but not limited to television, radio, satellite, pay or cable television or the Internet including but not limited to YouTube, Facebook or iTunes.

As a copyright protected work, the taping rights of the musical are fully owned and controlled by the authors and underlying rights holders for their sole and exclusive use. They retain these rights in perpetuity for their own exploitation and benefit. Any third party taping and/or broadcast is deemed an infringement of the author's rights and a direct conflict with their exclusive usage afforded under copyright. Furthermore, when a musical is based upon or utilizes source material derived from a motion picture, the film company in granting permission for a stage work, retains sole ownership of any video or broadcast rights of the derivative work; in this case the musical. Again, any third party taping and/or broadcast would infringe upon the film company's exclusive rights. In addition, the songs (music and lyrics) comprised in a musical are controlled by the music publisher acting on behalf of the authors. Securing license and permission from the music publisher is also a requirement for any consideration by the authors for a third party video tape.  

Therefore, granting permission for any videotaping project, including a documentary film or an "archival copy" is difficult to secure.   

At TRW we have secured the rights to offer a video license for many of our titles. These rights are extremely limited and do not allow for any broadcast, distribution or public viewing. However, for the reasons listed above, our Broadway titles are not among them. This is a challenging and complicated issue. But the bottom line is that a licensing company cannot offer you these rights as they are controlled by authors, movie studios, music publishers and other underlying rights holders. .

"Archival Copy":

The truth is that permission to create an "archival video" is not the truth at all. It's an old wives tale. Although like so many others, I grew up in theatre education hearing this, it does not and has never existed in the law.

For promotional purposes we do permit airing up to 3 minutes (including no more than 30 seconds of any individual song/scene) on any television/radio station or website.

Finally, when I was a new teacher, working with my first middle school production, an older high school theatre teacher gave me the following advice: "Work as hard as you can with the time you're given to create the best show possible. But don't ever video-tape and distribute copies of a middle school show - and it has nothing to do with copyright laws. If you did a good job, your middle school students will carry with them great memories of a fantastic production and a wonderful experience in theatre, which is exactly how it should be remembered. There's no need to save any evidence to the contrary."

I hope that helps.

-------------------------------------------
Jim Hoare
Director of Licensing, TRW
New York NY
-------------------------------------------






Original Message:
Sent: 06-02-2014 14:13
From: Jeff Grove
Subject: Video Recordings of Productions

I agree pretty much on all points with my acquaintance and colleague Jonathan Dorf.

What many people don't understand is that the author of a published, copyrighted play has control over the movie and TV rights to the play, and, legally speaking, even making a single "archival" video of the play on a smart phone is considered to be making a movie version of the play.  Your lead's mother is no more entitled to do that than is, say, DreamWorks Studios - without the permission of the author.

Of course, let's be real.  A student's mother making a souvenir video of Her Baby's performance in a high-school production really isn't the same thing as Spielberg directing a true movie version of that play for international release.  I don't for one minute believe that a cinematic version will ever be made of any of my little one-act plays, and I certainly don't believe that letting Johnny's mom film the Niceville High School production of one of my plays will someone harm a potential sale of film rights to the script.

So.

Whenever I have been asked by a school or theatre if they may make a video of one of my plays, I have always allowed it, under three conditions: (1) the video is only to be used for the group's archives and/or as a souvenir for cast and crew members, (2) the video may not be sold for a profit (though I will allow a charge large enough to recover video production and/or duping costs), and (3) the video may not be posted, in whole or in part, on the Internet.

However, I have sometimes found videos of complete peformances of any of my plays online - YouTube, for instance - and none of these groups has ever asked my permission to record, much less to post.  In those cases, I have contacted the websites in question, as the copyright owner for the given plays, to have the videos removed.  It has especially bothered me to see Internet videos of my plays where lines were wildly paraphrased or even rewritten, where male characters were rewritten as female characters without my permission, etc.  While people may think that these videos act as commercials for my work, I don't want people to see such videos, order scripts, note discrepancies between the videos they saw and the scripts they ordered, and make the same changes under the assumption that if it's posted online that way, it's all right to do the show that way.

I do like the move that some publishers are making to license organizational videos, with a cut of the fee going to the playwrights, and I have willingly paid licensing fees myself to record certain shows performed by my students.  I wish that more publishers would get more active on this point - I'll bet that many other writers out there would allow schools to make videos of shows in exchange for modest licensing fees.

-------------------------------------------
Jeff Grove
Theatre Teacher, Aesthetics Department Chair
Stanton College Preparatory School
Jacksonville FL

An easy way to handle this issue is to only produce plays were you can obtain video rights. But it definitely limits your choices in production. It's amazing how many people truly don't think there is anything wrong with recording a performance without the necessary licenses. I've had to kick people out of shows for failure to comply... and we ALWAYS announce that photography and videoing are prohibited in our shows. We have professionals come in and people can purchase what they wish. There's no doubt that this is an uphill battle. *sigh*

-------------------------------------------
Shira Schwartz
Chandler Unified School District
Chandler AZ
-------------------------------------------






Original Message:
Sent: 06-03-2014 10:14
From: Jim Hoare
Subject: Video Recordings of Productions

Here's the bottom line on video recording copyrighted productions:

The performance license that is issued for most titles contains language similar to:

This license does not grant you, or any third party, the right to make, use and/or distribute any recording or reproduction of the Play or any portion of it by any means whatsoever, including, but not limited to videotape or video disc (DVD or Digital), IOS device, film, sound recording (CD), and other digital sequencing or storage/sequencing system. You shall not broadcast, transmit and/or electronically post any portion of the Play including, without limitation, musical selections by any means whatsoever, including but not limited to television, radio, satellite, pay or cable television or the Internet including but not limited to YouTube, Facebook or iTunes.

As a copyright protected work, the taping rights of the musical are fully owned and controlled by the authors and underlying rights holders for their sole and exclusive use. They retain these rights in perpetuity for their own exploitation and benefit. Any third party taping and/or broadcast is deemed an infringement of the author's rights and a direct conflict with their exclusive usage afforded under copyright. Furthermore, when a musical is based upon or utilizes source material derived from a motion picture, the film company in granting permission for a stage work, retains sole ownership of any video or broadcast rights of the derivative work; in this case the musical. Again, any third party taping and/or broadcast would infringe upon the film company's exclusive rights. In addition, the songs (music and lyrics) comprised in a musical are controlled by the music publisher acting on behalf of the authors. Securing license and permission from the music publisher is also a requirement for any consideration by the authors for a third party video tape.  

Therefore, granting permission for any videotaping project, including a documentary film or an "archival copy" is difficult to secure.   

At TRW we have secured the rights to offer a video license for many of our titles. These rights are extremely limited and do not allow for any broadcast, distribution or public viewing. However, for the reasons listed above, our Broadway titles are not among them. This is a challenging and complicated issue. But the bottom line is that a licensing company cannot offer you these rights as they are controlled by authors, movie studios, music publishers and other underlying rights holders. .

"Archival Copy":

The truth is that permission to create an "archival video" is not the truth at all. It's an old wives tale. Although like so many others, I grew up in theatre education hearing this, it does not and has never existed in the law.

For promotional purposes we do permit airing up to 3 minutes (including no more than 30 seconds of any individual song/scene) on any television/radio station or website.

Finally, when I was a new teacher, working with my first middle school production, an older high school theatre teacher gave me the following advice: "Work as hard as you can with the time you're given to create the best show possible. But don't ever video-tape and distribute copies of a middle school show - and it has nothing to do with copyright laws. If you did a good job, your middle school students will carry with them great memories of a fantastic production and a wonderful experience in theatre, which is exactly how it should be remembered. There's no need to save any evidence to the contrary."

I hope that helps.

-------------------------------------------
Jim Hoare
Director of Licensing, TRW
New York NY
-------------------------------------------






Original Message:
Sent: 06-02-2014 14:13
From: Jeff Grove
Subject: Video Recordings of Productions

I agree pretty much on all points with my acquaintance and colleague Jonathan Dorf.

What many people don't understand is that the author of a published, copyrighted play has control over the movie and TV rights to the play, and, legally speaking, even making a single "archival" video of the play on a smart phone is considered to be making a movie version of the play.  Your lead's mother is no more entitled to do that than is, say, DreamWorks Studios - without the permission of the author.

Of course, let's be real.  A student's mother making a souvenir video of Her Baby's performance in a high-school production really isn't the same thing as Spielberg directing a true movie version of that play for international release.  I don't for one minute believe that a cinematic version will ever be made of any of my little one-act plays, and I certainly don't believe that letting Johnny's mom film the Niceville High School production of one of my plays will someone harm a potential sale of film rights to the script.

So.

Whenever I have been asked by a school or theatre if they may make a video of one of my plays, I have always allowed it, under three conditions: (1) the video is only to be used for the group's archives and/or as a souvenir for cast and crew members, (2) the video may not be sold for a profit (though I will allow a charge large enough to recover video production and/or duping costs), and (3) the video may not be posted, in whole or in part, on the Internet.

However, I have sometimes found videos of complete peformances of any of my plays online - YouTube, for instance - and none of these groups has ever asked my permission to record, much less to post.  In those cases, I have contacted the websites in question, as the copyright owner for the given plays, to have the videos removed.  It has especially bothered me to see Internet videos of my plays where lines were wildly paraphrased or even rewritten, where male characters were rewritten as female characters without my permission, etc.  While people may think that these videos act as commercials for my work, I don't want people to see such videos, order scripts, note discrepancies between the videos they saw and the scripts they ordered, and make the same changes under the assumption that if it's posted online that way, it's all right to do the show that way.

I do like the move that some publishers are making to license organizational videos, with a cut of the fee going to the playwrights, and I have willingly paid licensing fees myself to record certain shows performed by my students.  I wish that more publishers would get more active on this point - I'll bet that many other writers out there would allow schools to make videos of shows in exchange for modest licensing fees.

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Jeff Grove
Theatre Teacher, Aesthetics Department Chair
Stanton College Preparatory School
Jacksonville FL

Thanks for fighting the good fight, Shira.  Just today, perhaps inspired by the discussion, I discovered a 20-minute chunk of Harry's Hotter at Twilight on YouTube that, forgetting the illegality of it, it simply wasn't a good recording, and there were some strange liberties taken in the production.  But it's very hard as a playwright to be the bad guy--apparently there would be some notice on there with my contact info saying I had the clip taken down--so I asked Playscripts to do the dirty work for me. :-)

Just as frustrating to me as the copyright infringement is the fact that almost none of these videos ever credit the playwrights.  That could be a whole new thread unto itself.

Cheers,
Jonathan

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Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA
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Original Message:
Sent: 06-03-2014 13:54
From: Shira Schwartz
Subject: Video Recordings of Productions

An easy way to handle this issue is to only produce plays were you can obtain video rights. But it definitely limits your choices in production. It's amazing how many people truly don't think there is anything wrong with recording a performance without the necessary licenses. I've had to kick people out of shows for failure to comply... and we ALWAYS announce that photography and videoing are prohibited in our shows. We have professionals come in and people can purchase what they wish. There's no doubt that this is an uphill battle. *sigh*

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Shira Schwartz
Chandler Unified School District
Chandler AZ
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Original Message:
Sent: 06-03-2014 10:14
From: Jim Hoare
Subject: Video Recordings of Productions

Here's the bottom line on video recording copyrighted productions:

The performance license that is issued for most titles contains language similar to:

This license does not grant you, or any third party, the right to make, use and/or distribute any recording or reproduction of the Play or any portion of it by any means whatsoever, including, but not limited to videotape or video disc (DVD or Digital), IOS device, film, sound recording (CD), and other digital sequencing or storage/sequencing system. You shall not broadcast, transmit and/or electronically post any portion of the Play including, without limitation, musical selections by any means whatsoever, including but not limited to television, radio, satellite, pay or cable television or the Internet including but not limited to YouTube, Facebook or iTunes.

As a copyright protected work, the taping rights of the musical are fully owned and controlled by the authors and underlying rights holders for their sole and exclusive use. They retain these rights in perpetuity for their own exploitation and benefit. Any third party taping and/or broadcast is deemed an infringement of the author's rights and a direct conflict with their exclusive usage afforded under copyright. Furthermore, when a musical is based upon or utilizes source material derived from a motion picture, the film company in granting permission for a stage work, retains sole ownership of any video or broadcast rights of the derivative work; in this case the musical. Again, any third party taping and/or broadcast would infringe upon the film company's exclusive rights. In addition, the songs (music and lyrics) comprised in a musical are controlled by the music publisher acting on behalf of the authors. Securing license and permission from the music publisher is also a requirement for any consideration by the authors for a third party video tape.  

Therefore, granting permission for any videotaping project, including a documentary film or an "archival copy" is difficult to secure.   

At TRW we have secured the rights to offer a video license for many of our titles. These rights are extremely limited and do not allow for any broadcast, distribution or public viewing. However, for the reasons listed above, our Broadway titles are not among them. This is a challenging and complicated issue. But the bottom line is that a licensing company cannot offer you these rights as they are controlled by authors, movie studios, music publishers and other underlying rights holders. .

"Archival Copy":

The truth is that permission to create an "archival video" is not the truth at all. It's an old wives tale. Although like so many others, I grew up in theatre education hearing this, it does not and has never existed in the law.

For promotional purposes we do permit airing up to 3 minutes (including no more than 30 seconds of any individual song/scene) on any television/radio station or website.

Finally, when I was a new teacher, working with my first middle school production, an older high school theatre teacher gave me the following advice: "Work as hard as you can with the time you're given to create the best show possible. But don't ever video-tape and distribute copies of a middle school show - and it has nothing to do with copyright laws. If you did a good job, your middle school students will carry with them great memories of a fantastic production and a wonderful experience in theatre, which is exactly how it should be remembered. There's no need to save any evidence to the contrary."

I hope that helps.

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Jim Hoare
Director of Licensing, TRW
New York NY
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Original Message:
Sent: 06-02-2014 14:13
From: Jeff Grove
Subject: Video Recordings of Productions

I agree pretty much on all points with my acquaintance and colleague Jonathan Dorf.

What many people don't understand is that the author of a published, copyrighted play has control over the movie and TV rights to the play, and, legally speaking, even making a single "archival" video of the play on a smart phone is considered to be making a movie version of the play.  Your lead's mother is no more entitled to do that than is, say, DreamWorks Studios - without the permission of the author.

Of course, let's be real.  A student's mother making a souvenir video of Her Baby's performance in a high-school production really isn't the same thing as Spielberg directing a true movie version of that play for international release.  I don't for one minute believe that a cinematic version will ever be made of any of my little one-act plays, and I certainly don't believe that letting Johnny's mom film the Niceville High School production of one of my plays will someone harm a potential sale of film rights to the script.

So.

Whenever I have been asked by a school or theatre if they may make a video of one of my plays, I have always allowed it, under three conditions: (1) the video is only to be used for the group's archives and/or as a souvenir for cast and crew members, (2) the video may not be sold for a profit (though I will allow a charge large enough to recover video production and/or duping costs), and (3) the video may not be posted, in whole or in part, on the Internet.

However, I have sometimes found videos of complete peformances of any of my plays online - YouTube, for instance - and none of these groups has ever asked my permission to record, much less to post.  In those cases, I have contacted the websites in question, as the copyright owner for the given plays, to have the videos removed.  It has especially bothered me to see Internet videos of my plays where lines were wildly paraphrased or even rewritten, where male characters were rewritten as female characters without my permission, etc.  While people may think that these videos act as commercials for my work, I don't want people to see such videos, order scripts, note discrepancies between the videos they saw and the scripts they ordered, and make the same changes under the assumption that if it's posted online that way, it's all right to do the show that way.

I do like the move that some publishers are making to license organizational videos, with a cut of the fee going to the playwrights, and I have willingly paid licensing fees myself to record certain shows performed by my students.  I wish that more publishers would get more active on this point - I'll bet that many other writers out there would allow schools to make videos of shows in exchange for modest licensing fees.

-------------------------------------------
Jeff Grove
Theatre Teacher, Aesthetics Department Chair
Stanton College Preparatory School
Jacksonville FL

WHAT A GREAT DISCUSSION!    We need more talk about this topic! 

I refuse to video performances unless I have a video license.  I had parents sending very angry emails this year stating that the 'archival' copy that the broadcasting 'team' does during a rehearsal would be better if they did it during an actual performance.  Luckily I have a good A.D. that supported me in my unwillingness to video!

I wish that there was an easy answer and solution.  Until then, stay strong and keep up the good fight.  Remember, you actually have the law on your side!

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Molly Grasso
Nebraska
Papillion-LaVista H.S.
Papillion NE
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Original Message:
Sent: 05-30-2014 08:59
From: Caitlin Bennett
Subject: Video Recordings of Productions

We video record our productions for archival purposes, and this year I have had many parents ask for a copy of our spring musical (because it was so great and the students had a GRAND time!). I explained to them that we cannot distribute it because of licensing. I have almost all of the plays and musicals I was in during high school recorded that was distributed by the director, which is something I have appreciated very much. I hate for the students to not have the recording for their own memories, but I also am aware of my responsibility to the license purchased through the school. What do you do at your school? Do you distribute video recordings of plays/musicals?

A parent also told me that she would have recorded her daughter's songs on her phone if she knew I wasn't going to distribute the DVD. That isn't okay either! Of course, it is in the program that video recording is strictly prohibited - but some people think it doesn't apply to them.

Does anyone have a policy that they put in place with parents? I'd rather be upfront about this that the start of the process so I don't have to deal with it later. To my knowledge we have never distributed DVDs of plays and musicals, but I am getting the question more and more.

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Caitlin Bennett
Theatre Educator
Chaminade Julienne Catholic High School
Dayton, OH
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