Photograph of a live performance at a community theater

[mnatio]

Is it a copyright infringement if a still photograph is taken of a live performance of a play at a community theater and then posted to a social media sight? If so, who is liable for that infringement? The hosting theater, the director, or the photographer?

 

[Zigner]

Is it a copyright infringement if a still photograph is taken of a live performance of a play at a community theater and then posted to a social media sight? If so, who is liable for that infringement? The hosting theater, the director, or the photographer?

What US state?
Is this homework?

 

[xylene]

You need to give more facts of the circumstance. It could be any, all 3 or none.

Is this a hypothetical? Who is alleging infringement?

 

[quincy]

Is it a copyright infringement if a still photograph is taken of a live performance of a play at a community theater and then posted to a social media sight? If so, who is liable for that infringement? The hosting theater, the director, or the photographer?

I was waiting for mnatio to respond but mnatio does not seem to want to answer the questions asked.

IF this is in the U.S. and is not homework and is not a hypothetical, the photographer who takes the photograph holds the copyrights in the photograph, this absent any agreement that assigns rights in the photograph to another or others. Copyright infringement would occur if someone other than a rights-holder uses or publishes the photograph without proper authorization from the holder or holders of the rights.

Other legal issues besides infringement can arise with the taking of a photograph at a live performance and/or the publishing of the photograph taken at a live performance.

 

[mnatio]

My apologies for not responding faster. I did not expect such a fast response.

It is not homework. I am involved with a community theater and we are concerned about what to do if an audience member takes a picture of a performance and then posts it on social media. Some involved feel that this is fine, others feel that this is copyright infringement of the play itself if not the performance.

From what I have read, the photograph could be considered a derivative of the play/performance. And thereby a copyright infringement of the play's copyright holder as the performance would also be a derivative (for which we paid the rights).

 

[quincy]

My apologies for not responding faster. I did not expect such a fast response.

It is not homework. I am involved with a community theater and we are concerned about what to do if an audience member takes a picture of a performance and then posts it on social media. Some involved feel that this is fine, others feel that this is copyright infringement of the play itself if not the performance.

From what I have read, the photograph could be considered a derivative of the play/performance. And thereby a copyright infringement of the play's copyright holder as the performance would also be a derivative (for which we paid the rights).

No. It would not be an infringement of the play or the performance if the play or performance is open to the public and photo-taking is allowed in the theater. The photographer holds the rights to the photographs taken and can publish them. There are very few exceptions, one of which would be any commercial use of the photograph and the people pictured.

If someone records the entire performance, then there can be problems for the videographer if s/he publishes the recording.

If members of the community theater group do not want photographs taken of the performance, there should be a notice at the theater prior to entry and tickets should state that picture-taking is prohibited.

 

[mnatio]

Thanks! I appreciate your advice. It has been most helpful.

One last question: We have notices that state no photography or videography is allowed and it is usually stated vocally before each performance. While we would not raise an issue, would we be within our rights to do so if a picture is taken?

 

[Zigner]

Thanks! I appreciate your advice. It has been most helpful.

One last question: We have notices that state no photography or videography is allowed and it is usually stated vocally before each performance. While we would not raise an issue, would we be within our rights to do so if a picture is taken?

You would be within your rights to ask said person to leave.

 

[mnatio]

You would be within your rights to ask said person to leave.

Thanks again quincy! I'm really impressed with the responsiveness here... I expected this to take a week or better to get a usable response.

 

[quincy]

Thanks! I appreciate your advice. It has been most helpful.

One last question: We have notices that state no photography or videography is allowed and it is usually stated vocally before each performance. While we would not raise an issue, would we be within our rights to do so if a picture is taken?

Many performers who have tried to make an issue out of audience members photographing them during their performances have later regretted it. It is, after all, the audience members who pay to see the performers perform. If a performer irritates enough audience members who want to take pictures, there soon will be no one left in the theater to view the performance.

That said, the theatre could attempt to reduce picture-taking by barring entry to those carrying cameras/cell phones or by removing from the theater those who violate the no-picture-taking rule during the performance. I have been to live performances before where picture-takers have been escorted from the theater. If the photo-taking disrupts the performers, the theater is well within their rights to remove the disrupters from the theater.

But today, as unfortunate as it may be (and I do think it unfortunate), it can almost be expected that cell phones will be pulled out during an event so pictures can be taken to capture it. The fact that these picture-takers are missing the events because they are so intent on recording it goes to the mentality of these picture-takers.


(as a note, it was Zigner who responded so quickly last time, although I am happy to take credit for his comment )

 

[mnatio]

Many performers who have tried to make an issue out of audience members photographing them during their performances have later regretted it. It is, after all, the audience members who pay to see the performers perform. If a performer irritates enough audience members who want to take pictures, there soon will be no one left in the theater to view the performance.

The theatre could attempt to reduce picture-taking by barring entry to those carrying cameras/cell phones or by removing from the theater those who violate the no-picture-taking rule during the performance. I have been to live performances before where picture-takers have been escorted from the theater.

But today, as unfortunate as it may be (and I do think it unfortunate), it can almost be expected that cell phones will be pulled out during an event so pictures can be taken to capture it. The fact that these picture-takers are missing the events because they are so intent on recording it goes to the mentality of these picture-takers.

I agree. There is near to nothing that can be done to stop the audience from photographing (and then whatever) any part of a performance. If the theater pushes that agenda, we will not have ANY patrons to buy tickets to support us.

But there are some that are concerned that the play copyright holder will sue the theater for the "infringement" if discovered. I don't see how that could possibly hold up under scrutiny because the theater cannot be held responsible for the acts of the general population. (At least not logically.) We have done what we can to ask people not to record anything, but you cannot stop a proud grandmother. (nor would I want to.)

 

[quincy]

I agree. There is near to nothing that can be done to stop the audience from photographing (and then whatever) any part of a performance. If the theater pushes that agenda, we will not have ANY patrons to buy tickets to support us.

But there are some that are concerned that the play copyright holder will sue the theater for the "infringement" if discovered. I don't see how that could possibly hold up under scrutiny because the theater cannot be held responsible for the acts of the general population. (At least not logically.) We have done what we can to ask people not to record anything, but you cannot stop a proud grandmother. (nor would I want to.)

I understand that you are concerned that the photographs taken during a performance could be considered "derivatives" and therefore an infringement.

A single photograph of a live performance would probably be considered by a court to be de minimis. The photograph would probably be considered insubstantial when compared to the whole. A photograph of a live performance would be so inconsequential that any copyright in the performance is not infringed.

If used in a commercial manner, however, a photograph that pictures the performers could potentially become the subject of a privacy rights/publicity rights lawsuit.

It generally will be the use of the photograph after the taking of it that will cause legal difficulties for a photographer. Although a photographer might be escorted from a venue for taking photos, I think it highly unlikely that any lawsuit could be supported based solely on a photographer publishing his own photograph of a live performance on, say, Facebook.