JM226 said: "what are you even talking about. everything on the stage, from sets to costumes, is copyright protected for the designers. dramatic presentations have nothing to do with that"
That is correct; from the strictest standpoint, all elements of a show are protected under intellectual property laws. There are different degrees, so to speak, of copyright violation and penalties (based on factors such as quantity relative to the whole, whether it is used in an act of criticism/education/etc.) but in general, if it's been created by someone, the intellectual property rights belong to the creator and/or an entity with whom the creator has a contract specifying ownership of said creation.
That said, there are some times when photography/recording in a show is okay. The first being when the show itself has the policy that it's okay! I'm not talking about a Smash flashback here, but rather the fact that some companies (I can personally attest that the If/Then and Bridges tours have or had this policy) have a policy of not asking house staff to stop pictures of the pre-show curtain and set, but rather encourage such actions and suggest social media hashtags. Granted, this makes a MASSIVE headache for staff who have to explain to patrons why pictures in house are okay one month but not the next, but still, such actions are not a problem and may be encouraged.
The other time is more a matter of practice, and that's in situations like what the OP described, and there is no way to gauge whether or not such a recording would be problematic. Technically, it is still violating copyright, yes. But there's a reason you don't see a lot of curtain call videos getting taken down, and that relates to 1) situations like this where the "special" nature of the event being filmed makes people less likely to care about enforcing it, and 2) quantity related to the whole. During a curtain call for many shows, the only copyrighted material visible/audible is usually some small part of the set/design/backdrops/etc., one set of costumes, and a small portion of the score. The vast majority of the material is not present in these recordings or pictures, and thus it is a much more minor violation that most (again, not all- never assume!) companies won't really care about, viewing it more as "all in good fun" than wanting the hassle of pursuing it.
Updated On: 5/13/16 at 09:27 PM