We all unanimously agree that having a videocamera in an auditorium is a definite no no and should be stopped immediately any time one turns up. However, what about the specific example of the Rocky Horror Picture Show?

Before anyone answers, I am specifically referring to a Rocky show that has a stage cast. In other words, is it ok to allow someone to take a videocamera inside the theater for the purpose of taping the cast? (This can be for whatever reason...personal use, possible cast rehearsal use, etc.) Bear in mind that some of the picture WILL end up on the tape and of course the audio will as well. Of course this movie has been out on video for years and if someone was actually interested in bootlegging the movie it would be MUCH easier to just dupe a tape from the video store. As you can see, this seems to fall in a grey area.

At what point is it ok and at what point does it become copyright infringement and as such an illegal act?

Anyone have an official link from the MPAA in this regard?

Better yet...let a representative from the cast contact the studio and get something in writing to present when they come with the camera.

The potential problem is that they may intend to market their "version" of RHPS underground and it would be best if you had all of your legal blocks in a nice, neat stack in the (unlikely) event that a lawsuit should arise.

With a stage presentation, in most instances, you are working with copyrighted screenplays, and to any lesser extent, the intellectual property of the performers, such as the case with improv, stand up, and other type of variety stage shows.

In fact, it is illegal to even take photographs during the show, unless you have absolute release from all performers, building owners, copyright holders, and an agreement from the person doing the picture taking, as to regards to what extent and purpose the photos will be used for, copyrighted, etc.

It is very sticky. At the Hale Theatre in Utah, where I to tech work, we just have a no camera policy, still and video, for everyone. We have a professional come and photograph images of casts during dress rehearsals, and then get release from the copyright holders to allow our cast members to obtain copies for personal use. We also videotape all productions for purposes of archival reference, in case we wish to repeat the show in the future, we can see just what it was we did first off.

We cannot even make audio recordings of shows for cast members. We have had instances where some cast members have bootlegged video of the shows, and if they actually get caught by the owners, they would be summarily dismissed, for sure.

So it is a very sticky and legally technical problem, when it comes to audio, video, and pictorial recreations.

Since we are never in a position to research who owns what, we require the recordist to sign a release stating that they have obtained permission to record the work from the people they may be filmed and from the copyright owners of any protected material that might be copied by the recording, purposely or inadvertently. The release also states that the Center be held harmless in any civil and/or criminal actions that may arise from the use of the recorded material.

That's pretty much it with respect to people recording variety shows and the like where it is impossible for us to tell what will material will be copyrighted and what won't. However in the case of the RHPS, we would know outright that all the material, including the stage performance, is copyrighted. In such a case we would always act as conservatively as possible. Here we would require the release, but if we were relax our "no devices in the theatre rule," we would definitely insist on permission from Fox. If Fox legal dept. were smart, they would let recordings of the stage show take place as this unique title relies on the whole participatory nature of the phenomenon; you would be hard-pressed find anything comparable to with any other film title. Recording the stage antics would seem harmless enough -- how much financial harm could a home recording of a RHPS stage show cause, even if a few copies would be sold to the cast? If anything, it could be argued that such a recording of the live "event" would enhance the value of the film. In any event, we would not relax our policy unless we had a piece of paper in hand from Fox saying it was OK.

As for the screenplay...yet another reason why THEY should contact the studio and get approval. I don't see this being a major issue unless they get ahold of someone at Fox with no clue as to what RHPS is.

However, if Fox got their panties in a bunch bad enough over it they might try to sue anyway. And we all know the legal system in this country far more favors those who have war chests of cash to drag out lawsuits than whoever is right. Justice? Give me a break. It is a farce.

Even if the cast or performer WANTS to be videotaped, of his own material, he must obtain permission from the building owner, in writing, that he is allowed to do so. There must be explicit authority given from any party of legal interest before any recreation can continue. In fact, when a comedian performs, a contract is written in advance. It prevents the promoter, booker, building owner, etc., from obtaining rights to the performed material, just because it was in his building, or his festival, etc.

Copyright infringement, intellectual property, business and personal rights... AUGH. If you are in the industry, you need a lawyer, plain and simple.

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One "middle ground" possibility might be to allow photographs/videotapes to be made of the pre-show events. This avoids all film-related rights issues, yet still allows the cast to have pictures of themselves in costume in the theatre environment.

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