I’m really unclear as to the law regarding the selling of videotaped copies of high school plays. Can one legally reproduce videotaped copies of copyrighted shows for profit?
The reason for my question is that it has come to my attention that the production of Rodgers & Hammerstein’s “Oklahoma” that I was involved in back in 1995 at Leesville High School was videotaped unbeknownst to me, and no doubt most of my fellow students. This video of our High School days is currently being sold for profit on eBay, with no consideration or compensation being made to those involved in the actual production.
IANAL but my understanding is that your status as a participant would give you no right to sell copies of the performance. Someone not involved with the school at all would have no right to sell copies. Only the producer (in this case, the school) would have any such right and then only if the contract with the owners of the copyright permitted it. You know those disclaimers about not reproducing or rebroadcasting baseball games without the express written consent of Major League Baseball? Same thing.
As a participant who didn’t consent to being taped, there may be state laws which would allow you to press criminal or civil claims against the seller or taper. These laws were drafted in the main to deal with those creepy “video up your skirt” people but they may be applicable in this situation as well.
I’m not a lawyer. It seems to me that unless the school contracted for video rights, they’re stepping on the play’s copyrights for book and score. You, on the other hand, are probably screwed unless you contracted for some kind of pay. Considering the sorry financial state of most schools, it’s unlikely that anything more than a cease-and-desist order will come of it. The money involved would be so tiny that the copyright holders probably won’t bother.
Thought of something else. Since the tape features Clay Aiken, he probably has a claim to stop the distribution as well citing his “right to publicity.” He has the right to control how his likeness and name are used. His record company may also have a claim.
agree with the above and would add that any old schmoe would probably have this right, not just Clay Aiken.
Schools do pay a fee for the mere right to perform these plays, which I thought was outrageous considering they are just schools but then again they do charge admission.
In this instance, I got the chance to talk to the seller, and he told me didn’t know about the potential legal issues. He has promised not to pursue further auctions, and so I’m going to let the matter lie.