UK based copyright query
January 25, 2006 5:27 AM Subscribe
Can anyone point me to definitive information on my copyright query?
As part of UK school drama exams, the pupils act out a short section (around 10 minutes) from a longer play. The organisation I work for (non-profit, educational) has videoed a few of these performances and intends to put them online, to illustrate the procedure and give advice to teachers of this subject. We have permissions form the actors involved. Do we need further permission from the copyright holders of the plays? The plays are contemporary, the authors mostly alive (no Shakespeare). If I do need permissions, where can I find out who to seek permission from?
As part of UK school drama exams, the pupils act out a short section (around 10 minutes) from a longer play. The organisation I work for (non-profit, educational) has videoed a few of these performances and intends to put them online, to illustrate the procedure and give advice to teachers of this subject. We have permissions form the actors involved. Do we need further permission from the copyright holders of the plays? The plays are contemporary, the authors mostly alive (no Shakespeare). If I do need permissions, where can I find out who to seek permission from?
If it's a derivative work or for editorial use (meaning a newspaper review/commentary or similar), then you don't need permission.
If it's going to be used as advertising for the organization then I would say yes. INAL but I would add that you should at least ask for permission from the authors. They might even be flattered.
posted by eatcake at 6:15 AM on January 25, 2006
If it's going to be used as advertising for the organization then I would say yes. INAL but I would add that you should at least ask for permission from the authors. They might even be flattered.
posted by eatcake at 6:15 AM on January 25, 2006
I have no idea how copyright law works outside of the U.S., (and only limited experience here), but this link talks about the subject from a U.S. perspective. I hope that it is helpful. Excerpt:
Dramatic works may not be publicly performed without permission, either in their entirety or in smaller portions, such as: excerpts, acts, scenes, monologues, etc. The rights that are needed to publicly perform a dramatic work that combines a musical work together with staging, dialogue, costuming, special lighting, choreography, etc. are referred to as grand performing rights. Grand performing rights are typically obtained from the creator of the work or their publisher.
posted by ND¢ at 6:28 AM on January 25, 2006
Dramatic works may not be publicly performed without permission, either in their entirety or in smaller portions, such as: excerpts, acts, scenes, monologues, etc. The rights that are needed to publicly perform a dramatic work that combines a musical work together with staging, dialogue, costuming, special lighting, choreography, etc. are referred to as grand performing rights. Grand performing rights are typically obtained from the creator of the work or their publisher.
posted by ND¢ at 6:28 AM on January 25, 2006
I don't know much about UK copyright law but I would think that you need permission from the copyright holder, who is probably the author.
As far as I understand, the right to public performance is one of the rights reserved to the copyright holder. You can perform works for the purposes of exams without permission but not for other purposes.
There's some information at http://www.licensing-copyright.org/ - see the At-A-Glance section. According to that, recording plays requires a licence. (If you don't video the performances as part of the examination process itself, for later review when grading, you are probably already infringing copyright.)
I presume your organisation has a lawyer? Ask them for advice.
posted by Grinder at 6:31 AM on January 25, 2006
As far as I understand, the right to public performance is one of the rights reserved to the copyright holder. You can perform works for the purposes of exams without permission but not for other purposes.
There's some information at http://www.licensing-copyright.org/ - see the At-A-Glance section. According to that, recording plays requires a licence. (If you don't video the performances as part of the examination process itself, for later review when grading, you are probably already infringing copyright.)
I presume your organisation has a lawyer? Ask them for advice.
posted by Grinder at 6:31 AM on January 25, 2006
Okay, now I have a good link. You may be interested in the copyright exceptions for schools. Based on this site, I think that you need the permission of the copyright holders to do what you're describing. Here's how to go about getting it..
posted by ND¢ at 6:42 AM on January 25, 2006
posted by ND¢ at 6:42 AM on January 25, 2006
Best answer: Sorry to hog this question, but here is the answer:
What is the position relating to videoing a school play?
If the performance includes works that are protected by copyright, and this could be the play or the music used with it, then the school and parents will need permission from the copyright owner(s) to video the performance. If it is important that you are able to make a video, it might be worth checking what you can do before choosing what to perform. Certain copyright owners are relaxed about this sort of use of their work, and allow copying of their work without the payment of any royalty.
If a school arranges for a professional video to be made, the video company should normally get any copyright clearances. A school should, however, consider what the contract says, e.g. will it prohibit others, such as parents, taking their own video; will the recording only be made available to certain people, perhaps just the parents?
The pupils, as performers, are entitled to decide whether or not a recording of their performance is made but consent could probably be assumed to have been given where the school has warned pupils and parents that videoing will take place. If a pupil or parent objects, they will, of course, have to balance this against the possibility that the school will decide that their child will no longer appear in the play.
posted by ND¢ at 6:45 AM on January 25, 2006
What is the position relating to videoing a school play?
If the performance includes works that are protected by copyright, and this could be the play or the music used with it, then the school and parents will need permission from the copyright owner(s) to video the performance. If it is important that you are able to make a video, it might be worth checking what you can do before choosing what to perform. Certain copyright owners are relaxed about this sort of use of their work, and allow copying of their work without the payment of any royalty.
If a school arranges for a professional video to be made, the video company should normally get any copyright clearances. A school should, however, consider what the contract says, e.g. will it prohibit others, such as parents, taking their own video; will the recording only be made available to certain people, perhaps just the parents?
The pupils, as performers, are entitled to decide whether or not a recording of their performance is made but consent could probably be assumed to have been given where the school has warned pupils and parents that videoing will take place. If a pupil or parent objects, they will, of course, have to balance this against the possibility that the school will decide that their child will no longer appear in the play.
posted by ND¢ at 6:45 AM on January 25, 2006
...parents will need permission from the copyright owner(s) to video the performance.
IANAL, and I'm not a British lawyer either, but I have studied the issue quite a bit when it comes to Fair Use (which is admittedly American), but this restriction seems unbelieveably restrictive and possibly invalid in a real-world setting. These are videos being made in an educational setting, it's not the entire work being presented, and no one is selling anything.
A lot of the "resources for educators" information out there regarding Fair Use is flat wrong and/or overly restrictive, largely because a lot of it is written by attorneys and lobbyists representing the copyright holders, who have vested interests in monetizing every ounce of the copyright.
posted by frogan at 11:55 AM on January 25, 2006
IANAL, and I'm not a British lawyer either, but I have studied the issue quite a bit when it comes to Fair Use (which is admittedly American), but this restriction seems unbelieveably restrictive and possibly invalid in a real-world setting. These are videos being made in an educational setting, it's not the entire work being presented, and no one is selling anything.
A lot of the "resources for educators" information out there regarding Fair Use is flat wrong and/or overly restrictive, largely because a lot of it is written by attorneys and lobbyists representing the copyright holders, who have vested interests in monetizing every ounce of the copyright.
posted by frogan at 11:55 AM on January 25, 2006
This thread is closed to new comments.
IANAL, and it's been 5 years since I took that course on copyright/trademark law, but I *think* you should be ok.
posted by antifuse at 6:12 AM on January 25, 2006