[NEohioPAL] copyright risks ARE real

[Dave Cotton]

     Workshop Players in Amherst also has a “do not tape” policy  
instituted by its board of Trustees in 2005.  We are an active member  
of the Ohio Community Theater Association (OCTA).  OCTA has had many  
workshops on this issue.  Throughout the association a couple of  
theaters have been “caught” and prosecuted for breaking aspects of  
Copyright law.  It does happen.  If you are in doubt about taping,  
xeroxing, etc.  best to NOT do it!
     The big licensing houses are watching the web all the time.  A  
theater in our southwest region produced a musical and the director  
cut a song from the show without permission.  Someone in the cast  
posted a video file of the scene on the web; the licensing agent saw  
it and threatened to shut down the production immediately unless the  
the song was restored to the production.
     As a retired teacher I know that the recording rights of a scene  
or show for “educational purposes” are very limited.  Once you have  
used it for “educational purposes” it must be erased.

I am no expert on this issue.

But here is a web site that may be of interest to you as you research  
this.

Copyright Laws for Theatre People   By Louis E. Catron
http://lecatr.people.wm.edu/copy.htm
If you wonder about the risks read these two quotes from this site.

  What are the legal repercussions of violating copyright?
     The dangers of breaking the law are real.  Federal copyright law  
establishes statutory fines for each act of copyright infringement,  
ranging from a minimum of $500 for "innocent" infringement to a  
maximum of $100,000 for "willful" infringement.  Note: Most licensing  
agreements define any unauthorized changes as "willful" infringements.

      Who runs the risk of being fined for violating copyright laws?
          An impressively large number of people could be charged for  
a single violation of copyright.  The Federal Copyright Act extends  
"joint and several" liability for each infringement.  Each individual  
involved could be held responsible for the whole amount of the fine— 
the director, the theatre’s artistic director and chair, individual  
members of the production staff, each member of the student cast and  
crew (or their legal guardians), the school (acting as producer), the  
owner of the building in which the performances take place, and in  
the case of public schools, the school board or district  Serious?   
You bet.


Research and be very careful!!!!

Dave Cotton
Theatre manager, Workshop Players