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Taping Clips of Performances for Promotion

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DavePotts
Taping Clips of Performances for Promotion
on Feb 5, 2007 at 6:33:40 pm

I've recently been assigned to create a generic promotion for our university's dance and theater department, and before I approach our General Counsel on this, I was wondering if anyone here had any insight on whether or not broadcast rights would be required if we were to use 10-20 second clips of performances in the spot. I know that if we were to air a performance in it's entirety, that we'd have to shell out some serious cash, but what about clips? I guess my second question would be- would your answer change if the clips were video only (no audio) with a voiceover reviewing the play or performance?

Thanks for any feedback offered...

Dave Potts

UNC Charlotte Broadcast Communications


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DavePotts
Re: Taping Clips of Performances for Promotion
on Feb 5, 2007 at 6:35:04 pm

...sorry, should have stated in my post that the spot(s) WILL be aired on our cable channel.

Dave Potts

UNC Charlotte Broadcast Communications


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walter biscardi
Re: Taping Clips of Performances for Promotion
on Feb 5, 2007 at 9:19:02 pm

It is my understanding that Fair Use applies as long as you use the video and audio together and you're clearly promoting a performance by the company featured. In other words, you could not go out and purchase a soundtrack to the "Nutcracker" and edit video of your group doing the performance to that soundtrack. But if you use the music and video as it was recorded at your school's performance of the Nutcracker to promote a new performance of it, that would be ok.

Alternatively, if your school has the permission to use the audio soundtrack for a particular show, let's just say "Grease," as part of the live performance, I believe you could also use a portion of the provided Grease soundtrack for promotion. Normally this would be provided as music only with no vocal performance.

Does this sound right to everyone else?

Walter Biscardi, Jr.
http://www.biscardicreative.com
HD Editorial & Animation for Food Network's "Good Eats"
HD Editorial for "Assignment Earth"

"I reject your reality and substitute my own!" - Adam Savage, Mythbusters


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Frank Otto
Re: Taping Clips of Performances for Promotion
on Feb 6, 2007 at 6:13:15 am

Let's go with Grease as an example:

If you "rent the book" from a rightsholder like Sam French (Grease) or MTI you have the right to use portions of the production for publicity purposes. This includes on-campus CCTV, over-the-air brodcast/cablecast and theatrical (that "local" filler at the local cineplex), and it's usually limited to a 30 second length. Unless it's speciffically in the contract to the contrary (and Grease has language of that nature), any scene or dialogue or music can be used, limited only to :30sec and the accepting agency's technical/community standards.

Companies like MTI also have some pre-shot video packages of their more mainstream shows avaiable "clean" for you to insert your local graphic information. Both French and MTI also sell rightspackages to allow you to record the show and distribute it in a limited manner, i.e. POP sales in the lobby, friends/family/classmates, etc.

Cheers,

Frank Otto

"Design is a process by which you create something for a client who has no idea of what they want until they see your design - then they know what they want, but your design isn't it."



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DavePotts
Re: Taping Clips of Performances for Promotion
on Feb 6, 2007 at 10:50:13 pm

That really helps, thanks guys.


Dave Potts

UNC Charlotte Broadcast Communications


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Nick Griffin
Re: Taping Clips of Performances for Promotion
on Feb 7, 2007 at 11:59:15 am

Yes, but...

As usual our guys have great input. But do NOT use this as a substitute for having that talk with your General Counsel. Lawyers have so many ways of interpreting things that even when they're wrong they can wrap you up for days in contradictions and conundrums -- ESPECIALLY if they're under the impression that you've attempted to think something through for yourself. Best to at least have one of them believe that you're operating with their advice. (IMHO.)


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Ron Lindeboom
Re: Taping Clips of Performances for Promotion
on Feb 7, 2007 at 2:50:55 pm


[Nick Griffin] "Lawyers have so many ways of interpreting things..."


Well, that depends upon your definition of what "is" means, Nick.

Boomer


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Steve Wargo
Re: Taping Clips of Performances for Promotion
on Feb 8, 2007 at 7:28:51 am

We have been hired to shoot many performers for promotional purposes and as an example: We recently shot Keith Urban in concert in HD. We were required to pull our audio from a feed from the mixing console. One of Urban's people watched our audio meters and wore headphones coming from our camera. At a given moment, their audio engineer unmuted our feed. The engineer timed the audio and cut it before 30 seconds. they also watched our time code. We were allowed to roll 10 seconds before and a few seconds after the audio send.

We also shot Andre Buchelli and their people let us tape for 5 minutes but again, restricted us to about 30 seconds of sound.

When we shot Kenny Rogers in concert, we were allowed to shoot a selected song only.

We were never required to sign any legal documents.

Steve Wargo
Tempe, Arizona

It's a dry heat!


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