Live performance video query

[paul]

I have come across a situation and i was wondering if anyone could answer a few questions about it.

If a band's live performance is video'd without permission, who owns the copyright to the video? Would it be the band as it is their performance and songs that have been recorded? Or would it be the person who has shot the video?

If the video was then published on the web by the person who shot it would that be a breach of the bands copyright? If the band used the video on their own website would they be infringing the rights of the person who shot the video?

Cheers.

[CopyrightAid]

Hi Paul, and welcome to the forum.

The unauthorized videoing (or other recording) of the performance would be a breach of copyright. Only the copyright owners (i.e. the band) has the right to authorize the reproduction (recording) of their material.

Copyright exists regardless of the format of the work. If you record my music, it's still my music and I own the copyright to the music contained in your recording.

I guess the person who took the video may own the copyright to that footage, but thats an academic point as the making of the video was an illegal act in the first place.

In the situation, the band should require that the infringing material is destroyed, and they can take out an injunction to prevent the footage from being published or otherwise distributed.

I hope that helps....

[paul]

Thats awesome. Thanks man, much appreciated.

If permission was given, what then would be the laws regarding the use of that video? As far as i can tell from what web research i have done on the matter the person who took the video would be required to pay a royalty to the band for the use of copyrighted material but would they then be able to use the video for their own commercial gain?

And in such a situation would the the band be able to use the footage without the permission of the person who shot it or would the footage then be covered under the copyright of the director?

This is all largely hypothetical really as we have been playing a few shows recently and a friend of ours was making videos and we got to discussing the use of the videos (largely online) and what the implications would be.

Thanks again,
Paul.

[CopyrightAid]

If the band wanted to allow the person to sell the video they could certainly ask for royalties. As to how much and what conditions would be applied would be the subject for agreement and a licensing contract.

If the band wanted to use the footage, they would require permission, just as the photographer would require permission to record the music.

As long as all parties agree there is no reason why either party could not sell or receive royalties, this would simply depend on mutual agreement.

It's probably best to speak to a solicitor, though you may be able to find some template agreements online.

[helenmary]

Hi everybody,

I was delighted to find this forum and this post because it seemed to cover exactly the position I am in. Could I ask if anyone could confirm that this would also apply to me?

Like Paul, I am in a situation where a live performance (this time a choir of mixed amatuer, professional and student musicians) was recorded without our permission. The conductor of the choir was not even informed that we were being recorded - let alone asked!! The music we were singing was classical music compsed in the 1700s.

The first we knew of it was when a friend told us that our choir was on youtube. This is a church choir (in the UK), and it seems that the ministers of the particular church know that the recording has been made and don't understand why we have a problem with it! But we think the permission of the conductor and choir should have been sought, and in particular this is a non-professional recording of poor quality which we think doesn't do us any favours. We asked if it could be removed but the church didn't want to know. I tried to tell the church minister how upset I was to find myself singing on the internet without having even been told I was being recorded - he told me I was being childish and walked away.

Surely no one should have recorded the choir without telling/asking the choir members and condutor first?

Am I right in saying this recording should never have been made? Can we ask Youtube to take it down?

Thanks anyone who can advise.

[Sherif]

Hi helenmary

My humble opinion is that I completely agree with you

"Surely no one should have recorded the choir without telling/asking the choir members and condutor first?"
- My understanding is that performers must give permission for a performance to be recorded. What you have here is a 'bootleg' recording.

"Am I right in saying this recording should never have been made? Can we ask Youtube to take it down? " Yes. Good luck with that.


.mmm..... thinks... The minister doesn't want to know eh? Well maybe he thinks 'what's the big deal' (what is the big deal by the way ), or did he know that the performnce would be filmed and didn't think to ask you -- sorry, I have a very synical mind
_________________
"Always be wary of any helpful item that weighs less than its operating manual."
Terry Pratchett

[CopyrightAid]

Hi

Assuming that you are from the UK (your profile does not state your country so I can't tell), I think Section 182 of the 1988 Copyright Designs and Patents act deals with exactly this issue.

I quote:

[helenmary]

Thanks so much to Sherif and the Copyright Administrator for your responses - it's a relief to find out this legal information, and nice to have some support!
Yes, I am British and this is all in the UK.

As for what the big deal is, there are various issues involved, some of which involves ongoing problems in the relationship between the choir/music and the ministers at this church - and I won't bore you with all of that!
Another issue, however, is that there are aspects of the recording, (which was not in any sense professionally made!) and some elements of the actual performance which are poor; the professional musicians amongst the choir, including the choirmaster, could have their professional reputations damaged by this being made public.

Finally, we just think it's incredibly rude and frankly bizarre that anybody who claims to be proud of their choir would even think of making a recording without bothering to consult us!

Anyway, your responses are so helpful - thank you once again.