[NEohioPAL] Copyrights (was: i want your VIDEOS)

Wed Jun 18 21:48:07 PDT 2008

Before Fred shuts down the conversation and moves it to the other
website, I wanted to get a couple of thoughts and a couple of websites
out there.

1.	It seems to me that Tony Brown wasn’t talking about sending
YouTube clips of entire performances, but rather commercial length
pieces. Many performance licenses do have a provision for this sort of
fair-use to promote the show. If it is not in a performance license, in
many cases, it can be negotiated or requested as a rider. Bottom line—if
you want to make a commercial for your show, just ask for permission. It
might take a bit of effort to get things straightened out, but all they
can say is no.

2.	Equity has specific allowances for TV news coverage, cast album
recordings, commercials (including television & radio spots and
in-flight usage), talk shows, cable, archival tapings, documentaries and
other promotional areas. Having said that, Equity is working to take
down illegal videos of members’ work.
http://www.actorsequity.org/newsmedia/news2007/July27.YouTube.asp

3.	The licensing companies for musicals are catching up with the
times, and realize that video taping can be a source of money for them
as well. For some titles (for example Disney shows and some of the
Rodgers and Hammerstein collection), an amateur company can purchase the
right to video tape and distribute copies to company members only (no
sales in the lobby).

4.	I know many of us are torn about YouTube. For me as an educator,
it is invaluable. For example, I taught a course on African American
Theatre History to a predominantly white group of students. Many of them
had never heard of some of the great black performers like Andre de
Shields, Pearl Bailey, and many others. YouTube allowed me to quickly
show them clips shows, interviews, etc. Before YouTube, I could talk
about it, but that is no comparison to seeing it. To me, YouTube is like
going to the library and getting out a book for research. Of course, the
bigger question with copyright infringement is how was that “book”
created. Again, as the digital age advances, I hope production video
archives like the one at the New York Public Library will become
available to other libraries over the net. If you don’t know about this
valuable production research resource, go to:
http://www.actorsequity.org/newsmedia/news2006/TOFT.asp

5.	The conversation turned to the lawsuit against Carousel Dinner
Theatre. As a member of SSDC, I know they are quite serious about
protecting members’ intellectual property rights. One of the benefits of
being a union member is free legal representation concerning contract
matters—and this includes intellectual property like concept, blocking,
and choreography. A few years ago I was a swing in a professional
non-Equity dinner theatre production of Smokey Joe’s Café. The
choreographer had essentially recreated Joey McKneely’s original musical
staging. I doubt they had permission, but I couldn’t say for sure. Susan
Stroman has gotten smart about her work as a director/choreographer. It
seems she realizes that her shows would not be what they are without her
very imaginative staging ideas. Therefore, producers can now pay an
additional royalty to get the choreography notes when the other script
materials arrive. This is true for Crazy for You and The Producers.
Hopefully this will become an issue the union will take up. Regional
companies should be able to license choreography and staging notes when
they license the script, particularly for those show where the line is
fuzzy between the work of the playwright and the director/choreographer.
I’ve watched directors hack out pages of dance numbers or underscoring
because they didn’t understand why they were there, what purpose they
served, how they advanced the story, etc. Having staging notes would
certainly help them make an informed decision. I think as others see the
system working to Ms. Stroman’s financial benefit, more and more
directors and choreographers will get on the band wagon and ask to have
their work licensed as well. But honestly, if you REALLY want to
recreate someone’s staging or concept from the original production, you
should just ask and get permission. You would be surprised how easy it
is with many people. Allow enough lead time to contact the appropriate
agent or artist. Be prepared to pay a royalty if they say yes.

Ansley Valentine
Associate Professor
Co-Vice Chair, Kennedy Center American College Theatre Festival, Region
III
College of Wooster Film Studies Program Chair

The College of Wooster
Department of Theatre & Dance
1189 Beall Avenue
Wooster, OH 44691
330-263-2028 Office
330-347-1519 Cell Phone
330-263-2690 Fax
>>> "Richard B. Ingraham" <rbingraham at sbcglobal.net> 6/18/2008 4:21 PM
>>>

> -----Original Message-----
> From: neohiopal-bounces at listserve.com 
> [mailto:neohiopal-bounces at listserve.com] On Behalf Of Linda Ryan
> Sent: Wednesday, June 18, 2008 11:30 AM
> To: cvlt at cvlt.org; neohiopal at listserve.com 
> Subject: Re: [NEohioPAL] i want your VIDEOS
> 
> 
> Andrew brings up a good point; one that's always bothered me:
> the fact that many theaters have had to go the way CVLT has 
> -- i.e., no video for fear of being shut down. I don't know 
> who made the rule about no videos of shows, but I would think 
> the actors in this country would be "up in arms" (whatever 
> that phrase means) :-) about it.
> 

Hmmmm....   Actually Actors Equity's rules are usually more complex than
those by the rights holding organizations of the shows.  But I realize
you're not specifically talking about professional actors.  However the
rules established for professional organizations are often what becomes
the "norm" and rights organizations are not going to worry about having
numerous "rules" based on what "level" the organization is operating at.
We are probably lucky that there are separate royalty rates based on
whether you're a professional, educational or amateur organization.

> I'm surprised, as rights-conscious as the American people are 
> - always standing up for what they believe in - that we've 
> allowed this policy to remain in place. Maybe there is a 
> fight going on about it somewhere and I just haven't heard 
> anything about it. But if not, there should be. I, for one, 
> would like to have saved the shows I've been in for watching 
> in my old age (okay, probably too late for that!) :-) but you 
> get my drift. 
> 

Rights conscious?   I would respectfully disagree.  :-)

I think most folks pay almost no attention to copy right issues.  Why do
things like file sharing software exist?  Mostly to share copyrighted
content illegally.  Why is all my professional software that I use for
my work have to have some arcane, complex "registration" method or have
a small "dongle" that I plug into my computer to operate?  Because if it
didn't the authors of the software would never be able to make a living.
Everyone would just copy it freely and pay it no mind.

I work with college students on a regular basis.  It's a real eye opener
to see how much stuff is "shared".  And when you ask them about it, many
simply don't even think about the fact that they are essentially
stealing something and robbing the original author of their fair income.
That attitude is changing slightly these days as we see the RIAA and
other rights organizations going after folks for the more serious
violations but there are also many who simply do not care.

If you think this doesn't pertain to theatre copyrights then I'm sorry
to tell you that it does.  I have watched as good friends (fellow
designers) of mine were "ripped off" by producers and even large
organization right here in town and beyond.  It happens even to folks
like myself, a freelance designer...   I've had my sound designs "ripped
off" on at least a couple of occasions.  (and that's the ones that I
know about!)  Yes... right here in town!  I suspect that at least in one
of these examples the But if you're going to remount a show, using my Sound Design, then you
should be paying me for the reuse of my design.  Of course the design
fees are not high enough to even bother with legal action on my part,
but that's a whole other subject.  :-)

Of course I guess all that those examples prove is that it goes both
ways.  The people that worry the most about protecting their "works",
are sometimes the worst offenders and pay no attention to all the folks
they might be ripping off.  And I include myself in that as well.
Although I at least try to do the right thing.

If you think that there is not a "fight" going on Ms. Ryan, then I would
suggest that you have simply not been paying close enough attention.
:-)

There is all the RIAA lawsuits going on, where they are even going after
minors and grandmothers.  Those are the "news" stories that you'll hear
about in the major networks.  If you want the more mundane stuff, then
you have to read trade magazines or hunt around on line.

But a perfect example would be the recent lawsuit involving Carousel
Diner Theatre.  The original director, choreographer (and I believe even
the set, lighting and costume designers as well) of Urinetown sued a
theatre in Chicago and Carousel for copying their staging.  (and I
assume also their designs as well)  This caused a huge stir in the
theatre community because it brings up the subject of how much staging,
choreography and set, costume and lighting designs are "original" for
each production and how much of it do you simply almost have to "copy"
because otherwise it would not be the same show without it.  It's a very
fine line and the line is kind of "blurry" if you think hard about it.
Unfortunately I have not heard anything more about this lawsuit and
don't know if there has been any outcome as of yet.  I'm mentioning this
case merely as an example not to cast judgment on any of the parties.
Since I've seen none of the productions involved I have no clue how
realistic the claims in the lawsuit were.

I think what you are proposing, that theatres should be free to make
videos of their shows and then distribute them really isn't all that
much different than some of the file sharing that is going on over the
internet.  It's just on a MUCH, MUCH smaller scale.  While I can
understand the argument for allowing that type of stuff (and I'm sure it
goes on all the time anyway), it's one of those slippery slope type
situations.  If I as a rights holder say, OK, this theatre can make
copies and distribute them because they are a bunch of amateurs anyway
and no one would pay any money for it, then it's not much of a stretch
until anyone can bring in a camera and start recording any show they
like whether they are part of the cast, crew or production in some way
or not, and then start making copies for sale or just give them away.

We as artists should want to protect our work and craft.  If I can just
download the bootleg off the internet some place then what's the point
of paying for a ticket to go see the real thing.  Yes, I understand you
are not promoting that, but it would only be one small step to go from
copies for the cast and crew to letting people post it around freely.

As with most things it's a moving target and there are a lot of grey
areas.  Lets be realistic, when it comes down to filing a lawsuit it
will likely largely be decided by who has the better lawyers.  :-)

What we as artist should really be doing is trying to get the copyright
laws (and patent laws are even worse!) updated in this country so they
actually make sense for the society and times in which we live.  Not the
society of 150 years ago when most of them were probably established.
But big organizations (ummm..  the Mouse!...  that would be Disney) keep
getting our congress to extend copyrights and favor the big
organizations.  Otherwise Mickey and friends would have been in the
public domain years ago!  :-)

Just some thoughts....  I could go on...  :-)

Richard B. Ingraham
RBI Computers and Audio
http://www.rbicompaudio.20m.com/ 

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