Do you close your eye when you see or know someone is recording or taking pictures of your production during a performance? I have actual flash photos being taken and I don't know if I have any legal action I can take short of scolding the person at the intermission or post curtain (to late anyway. What do you do> Any comments from you professionals for a non-for-profit doing a xmas musical with paid royalties.

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Recorded pre-show announcement that includes something like 'the use of cameras and other recording equipment is strictly prohibited in the theater' This announcement is backed up by a person doing it live for groups that might be a higher risk for such behavior (ie school groups). House management also takes an active role prior to the doors closing of telling anyone with a camera out to please turn it off and put it away.
We hang signs in the theatre lobby, make a pre-show anouncement, and state the policy in the program. If we catch someone the house manager advises them that they are breaking copyright laws, and we take the film or memory card from them. If they continue we have them removed from the theatre by security people. Of course, doing this during the show without disturbing the rest of the audiance is not always easy, but to date we have not had a real confrontation with anyone once the initial contact with them.
Larry,
Are you a professional house/company? Had anyone investigated the issues taking the memory card?'
I've heard this before but wonder if they would have any legal recourse (assault)?
We are going to post brightly colored signs in the lobby and advise the ushers to confront those who show
a camera when they come in. A announcement is being planned.
Thanks for your note.
Steven
(Realizing the original post is almost a year old but wanted to $.02 anyway for others asking the same question.)

Speaking as an amateur photographer here (and theater producer)... but no theater has any right to confiscate film, memory media, or cameras from a patron. In fact, the police can't even do that without a warrant. You expose yourself to potential litigation by attempting to confiscate any personal property.

The only recourse you have in this case is to ask the patron to leave, as Gordon states below: "As the producer and/or theater operator, you have the absolute legal right to turn someone out, if they fail to abide by the rules you set out. You can revoke your permission for the person to attend, and once that's done, he/she becomes a trespasser."
I saw a show where they had a 'plant' in the audience with a big honkin' camera with a giant flash unit. Before the show a couple of actors came on stage and the 'plant' jumped-up and took their picture. They actors posed a bit for the 'plant', then lured him up on stage for some more pictures. When the 'plant' got on-stage one of the actors grabbed the camera rig, the other grabbed the guy and held him while they flashed him incessantly for a few minutes. Then they let him go and he staggered off-stage all wobbly and disoriented. They held-up some signs to tell the audience "No flash photography", something 'international' like a camera with a red circle-slash. No spoken word. Very effective and funny. Could be done in a Blue Man motif, too. If you have some stobe units you can really make the flashes look big.
Thanks Erich! Very clever, entertaining way of getting their attention.
S
The current "best practice" for this is to print a statement in your program that photographing or recording any part of the performance is strictly prohibited, and that violators will be asked to leave the theater.

A similar statement should be given over P.A. prior to the performance (and at intermission, if it's a problem).

Ushers should be instructed to enforce the rule. It's best that they don't allow the cameras into the auditorium in the first place, but they should monitor and identify the source of any flashes, etc., and remove them during the performance if necessary.

If necessary, stop the show, walk out on stage, and ask that all cameras and recording devices be put away.

This is not just a courtesy, it's a LEGAL requirement, and if you don't enforce the rules, you can be subject to liability yourself. As the producer and/or theater operator, you have the absolute legal right to turn someone out, if they fail to abide by the rules you set out. You can revoke your permission for the person to attend, and once that's done, he/she becomes a trespasser.

I've even seen situations where the police have been called to remove an unruly patron.


Gordon Firemark


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Actually the proper procedure is to have someone from the company present, ie House Manager and/or security, escort the patron out of the show if you wish, and they have to physically erase any and all photos or videos from their camera. You are not allowed to do it yourself or confiscate the equipment. As a House Manager of a multi-venue 2800 seat house, I find it affective to walk up to that person-and silently scold them by shaking my finger back and forth during the show-99.9% of the time they know immediately and put the device away. I then wait for the next egress, be it intermission of post show exit, and have the patron delete all footage in my and securities presence. Legally they cannot posess the footage, and if they refuse to delete the photos-then the police need to get involved.

Good Luck!

You can't be nice in this kind of situation. You have to get in their face, politely, tell them it's a violation of copyright, and you'll have to have them leave if they don't stop. It's tough, but it has to happen. I have taken cameras away from a few people who just didn't take the first request as serious.

Is it made clear via program notes and or pre-show announcement that photography and recording are prohibited?

Some amateur licensing allows you to record the show, make xx number of copies and give them away. Sometimes this arrangements helps families know they'll have a keep sake and don't need to try to record it themselves.

RTY

The issue is not the royalties since it is only a picture and not a full video recording. The problemis the distraction factor to the audience and the actors. If the picture is taken at the wrong time and from close up it can blind an actor at the very wrong, and dangerous moment, in the production (whatever kind). The last issue is that the picture will not capture the moment correctly since the flash will either be useless or wash out the lighting, depending on intensity and distance.

I have found that I can get great pictures of my lighting now with the digital cameras available, unlike years ago with film, when it was hard to capture the essence of the lighting.

Multiple copyrights are involved even if it is just a single unauthorized picture. The playwright has a copyright, the designers, the director, the actors, and even the photographer. At the professional level, the unions/guilds involved have clear stipulations. Not surprisingly, it is common that the violation of these intellectual property rights are often ignored by amateur groups, but you can never go wrong by asking everyone involved to sign waivers.

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