The producer of a TV show can clearly copyright the finished product. Can the producer of a show in which audience participation is a major component copyright the activity that is being taped to produce the show?
If so, would it be an infringement of that copyright for an audience member to make an unauthorized audio or video tape of the activity?
A cite to a case or law review article would be great. I doubt that this is explicitly covered in a statute or regulation.
My money is on it is, however, one can get permission from them to do a video. I have done so many times. That way they won’t sue me, whether or not they have a right to.
I don’t have time to do your homework with citations for you, but I can give you some guidance.
You have the right to perform a dramatic set of events that have not been fixed in writing or video, or published in any way and maintain the copyright. This is called the right of performance and is one of the five “rights” affected by copyright.
Actually, there are copyright provisions for “non-scripted audio visual works.”
NOTE:
The following is based on the Canadian Copyright Act. Although for the most part it is extremely similar to the U.S. Copyright Act (with bits and pieces similar to the UK one as well). With WTO treaties in effect, many of the laws are similar, so it can at least give you a general guideline to answer your question.
For the sake of the OP, let’s say it’s one of two possibilities:
2)“Non-scripted” audio visual material (improvised works, home videos, news coverage)
For non-scripted works (prior to 1994), the owner of the copyright is the owner of the first medium of fixation – whoever taped it first.
Very Generally:
Where a production company hires and is the employer of a director and producer, the production company is the owner of the copyright of the audio-visual work.
So if the production company brings an audience together, and the situation is controlled by a producer, the production company holds control of the copyright of the “work.”
So think of a talk show where the audience participates in a non-scripted kind of way (like lots of audience participation) – the show the audience is attending is controlled by the production company (even though inidividual audience members do whatever the hell they please.)
If you bring in a video camera and start taping, you may be bootlegging. But as Handy says, if you have permission, you’re fine. For the most part, cameras and recording equipment of any kind is prohibited at any kind of live performance (whether it’s a play, talk show, musical performance or a lecture.)
Copyright laws do tend to get very messy though with non-scripted works when it comes to the issue of “authorship.”
Adding to what Spartacus wrote: Since 1996, new bits and pieces of legislation have been introduced through various internatiional treaties to protect “perfomer’s performances.” This has been in part to help cut down on bootlegging.
Thanks all. The fact that the Canadian Copyright Act covers the subject raised my hopes that the U.S. act would also. I was pleasently surprised to find that Cornell has the entire text of 17 USC online.
If it is a public performance, permission must be obtained prior in writing from the performer. If an audience member is making a recording (audio/visual) without authorisation, that individual can be excluded, and any recordings retained. If the programme will be transmitted, the audience member can record it at home When it is broadcast, I do not have to ask permission from whoever is appearing in the programme to record it.