Marty asks: If a musician performs a live concert and had stipulated before the performace that no vidiotaping was to accur, does the musician have any rights to claim ownership of the images and audio of original material performed?

John asks: What rights do I have to digitize and electronically distribute studio portrait photography of myself (i.e., via Flickr), using prints that I paid for, though the photographers kept possession of the negatives? In some cases, the photos were shot so many years ago, the photographer is likely no longer in business, and may not even be alive. My purpose is not commercial; I want to immortalize myself in digital form.

Daniel asks: Hi, I'm in the comedy world, and I'm coming up with a funny little 2 -5 minute bits for YouTube and other video sites out there. The idea would use character names like Darth Vader, or like Ace Ventura. Only in name, the characters would not be shown on screen, but an impersonation of there voices would be heard. Are there any licensing issues, if we were to eventually try to make money off the idea?

Glenn asks: Hi. I'm a sophomore student in high school, and have been filming for my district's music department since seventh grade. Recently, I've started to film entire concerts of the band, orchestra, and choir for a local television access channel. I contacted my principal about the legalities of broadcasting this material, and he told me that there wouldn't be any issues since it is considered a public place, and a public performance. Is this true?

Even if it is a public place, do I need to get release forms from students before I broadcast this material? What if I want to sell the DVDs to students and their families for $5 or $6?

Do I need to obtain synchronization rights for this material, or would it fall under fair use? Also, in a similar vain, I've been producing short-form videos of a group performing a song (whether it be the orchestra playing one of their songs or recording the marching band's performance), and have sold these in the past to the students for $1-$5. Do I need to obtain any releases or synchronization rights for these kinds of videos?

Thank you very much! I really enjoy listening to all of the podcasts here at The DV Show. Keep up the great work! - Glenn Fisher from New Jersey

Dennis asks: Can a local live community theater film a practice performance of a copyrighted musical play? First for study to watch by the cast to see their performance and blocking to learn and improve their production during rehearsal. Second can the playhouse make a copy of a dress rehearsal and and keep it for archival purposes only, not for public show or reproduction?

Show notes

Gordon Firemark's website
Theater Law