Navigating Intellectual Property: Lessons from High School Plays
You know I like to say IP is everywhere.
Well, the corollary to this is that IP trouble is everywhere—if you aren’t careful.
My take on this was inspired by a high school performance of Grease that I saw this weekend. Picture this: a parent excitedly records their child's school play, eager to share the magic with friends and family by posting it on YouTube. Seems harmless, right? Not so fast! Let's unpack the IP issues lurking beneath the surface.
1. The Script:
Playwright's Rights: Most plays are copyrighted. Okay, not Shakespeare, but assume that anything from the last 95 years is. Posting a video online requires permission of the playwright or her successor who owns the copyright.
Script Adaptations: Derivative works also have copyright protection. Many if not all school plays are adapted for the minors performing and for families watching. For this particular performance of Grease, I was disappointed that the audience didn’t hear that Sandy won’t go to bed till she’s legally wed (or about Rizzo’s bun in the oven).
2. The Music:
Of course, music is protected by copyright. While it is possible to get a compulsory license for some uses, compulsory licenses do not apply to dramatic works like stage musicals or soundtracks. In other words, distribution of the video including audio would infringe the copyrights in the music.
3. The People:
Every person who appears in the recording, including cast, crew and audience members, has a right of publicity and a right of privacy. Releases are required to avoid unauthorized use.
Right of Publicity: Individuals have a right to control the commercial use of their name, image, and likeness.
Privacy Rights: Without a release, everyone appearing in the recording may claim that their privacy was invaded.
4. The Set:
The production I saw included a special thanks for the parents who helped build the set. I can’t tell you who owns the copyright in the sets—maybe it is original; maybe they borrowed it from something they found online or from the Broadway play--but I can tell you that it isn’t in the public domain.
5. The Platform:
Platforms like YouTube, Vimeo, and social media sites have terms of use that prohibit posting material that you do not have permission to distribute. And the moral of this story is, you don’t have permission to distribute the recording. 😊
The Golden Rule:
This is not to encourage you to skip town if you posted little Johnie’s debut. (We all have done it—before we knew better.)
But it does illustrate that IP really is everywhere. And that we need to be mindful of how we access and use content that we don’t own.
To bring this home to your use of video content that you don’t own in your business, avoid potential legal issues by:
Obtaining explicit permission from the presenter/organizer to record and distribute the performance.
Securing music licenses for any music used.
Getting appearance releases from all performers and visible audience members.
Reviewing platform terms of use.
Whatever the circumstances – let's practice the Golden Rule of Copyright and respect each other’s creative endeavors.
IP is Fuel 🚀
Erin