Taking photos of productions - legal issues

What's the law regarding the taking of photographs during theatre productions? Someone told me recently that it violated copyright law. I can understand how video can do that, but still photography? Why would a photo of someone standing in costume with their mouth open violate copyright law? Does anyone have a definite answer on this?

Any photography of any production (film or still) requires the permission of the actors, directors, and sometimes the playwright. This doesn't necessarily have to do with copyright law I think, but rather the fact that actors get royalties paid to them for being in both the production and the filming/photography of said production. However, I'm not a copyright expert, so it could be that there is some sort of copyright issue there. I'd check with the Copyright Council; they have information sheets about it. Edit: There's something else I just thought of - it also depends on the venue. During festivals, I've often had to sign contracts with venues that I've hired (Trades, etc) that retain any copyright over filming or photography of my production during the use of that venue hire. There may also be a variety of copyright issues in terms of venues/festivals, etc. Sticky Apple Legs www.freewebs.com/stickyapplelegs Puppets in Melbourne www.thepromptcopy.com/pip

There are copyright issues. The costume designer, set designer and lighting designer all hold intellectual property in their work. Sure I know Joe Public isn't going to take stills to steal any of that but a line has to be drawn somewhere so it is safest to not allow any photography without written permission. Professional actors also sell their image to various organisations so they too have a financial stake in that. Most amateur productions may not consider some of this but I make it clear to anyone who I design lighting for that the design belongs to me and this applies whether or not I have been paid. Is that all there is? Well if that's all there is my friend, then let's keep dancing. www.tonymoore.id.au

Yes, I'd forgotten that - generally speaking the copyright of any designs (costume, set, lighting, sound, etc.) remains the property to the producer/commissioning company/individual, unless otherwise worked out between all the parties. Sticky Apple Legs www.freewebs.com/stickyapplelegs Puppets in Melbourne www.thepromptcopy.com/pip

Interesting question. I've never wondered about photography during shows as being 'illegal' or not. Video is a different matter. Of course I too hadn't thought of the costume designs, lighting designs and set designs as being copyrighted (although I did realise that the people had rights etc just didn't think about it in context of photography.) The other thing that interested me in this is that the venue can hold rights over video work...how does this work? because it's filmed in their venue with bits of the venue popping into shots etc? The most annoying part of photography in the theatre is the sound and the flashing. So unless you're a pro...I say no! Oh wow that was kind of cool. When we had a photographer take photos of our school production it was very eerie. The audience was virtually empty and then there was this man jumping around followed by the click click click of the camera. Not used to having this noise in the theatre I found it quite distracting. I saw the photos after though...they were worth ALL the distraction. ____________________________________________________________ Currently working on: A nice break before jumping into my next project.

Personally I think anyone who takes flash photography at a theatrical presentation of any kind should be hung drawn and quartered. Then their children, then their children. Then we should all go and dance on the ashes. Is that all there is? Well if that's all there is my friend, then let's keep dancing. www.tonymoore.id.au

Amen...that and those who hoop and holler at people like it's a rock concert! ____________________________________________________________ Currently working on: A nice break before jumping into my next project.

In terms of venues, it may be two things. One is that the venue may want first rights on filming and promoting the film/production for future events in that venue; but the more than likely explanation is that they don't want to be liable for any copyright infringement that happens on their premises. It may also just apply to venues during festivals - I've only read this clause in contracts for venue hire during Comedy and Fringe Festivals and in venues that are run by the festival (or at least festival related venues, like Trades Hall). Sticky Apple Legs www.freewebs.com/stickyapplelegs Puppets in Melbourne www.thepromptcopy.com/pip