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Old October 16th, 2016, 12:39 AM   #16
Join Date: Oct 2008
Location: Byron Bay, Australia
Posts: 1,153
Re: Legal rights and responsibilities -- revisited

Lots of info here; I'll add my $0.02 worth with the disclaimer that I have never studied or placticed law so take it all with a grain of salt!

a) If you obtained the video/photos/audio legally (eg you had permission from the venue) then there is no breach of copyright committed until the material is published or distributed. If it is your employers website/station/agency that releases the footage then they are liable, not you. If you are a contractor, make sure you state explicitly that any recordings provided do not come with any form of release other than the mechanical rights to your recordings. Paper trails are your friend!

b) Most venues or events will have performers sign waivers allowing images or recordings to be taken of them. They also have terms & conditions of entry (usually printed in the foyer/ticket desk and on the back of your ticket) that allow images to be taken of all audience members. The event/venue also has the rights to police who is taking these recordings (eg the public, or certified press only) depending on their waivers with the artists & event organisers. None of this means anything for copyright though - even if you have permission to be filming a band in a performance center for commercial purposes, you can't do anything with that footage unless you also have sync rights and performance releases (which are usually not included in a venues waivers).

c) Always be aware of the differences between public and private space when you are shooting. Know how to use it to your advantage when you need to.
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