Sets, costumes, etc. are all protected under copyright. Anything that can be fixed in a tangible medium is. Buildings are different. First, there was no copyright protection over buildings until 1990. (So any building built before that isn't protected.) Second, there is a photographers' exception where structures may be photographed so long as visible from any public place. If artwork adjacent to or integrated with the structure is in the photograph, that is generally protected under fair use if it's tangential to the photo, but if becomes the primary focus of the work, you technically need to get the copyright owner's permission. (For works in public view, as a practical matter that isn't often enforced because of logistical difficulties, but it is sometimes enforced if people try to sell those photographs. Public view does not mean public domain in terms of copyright protection.)
So yes, the owners of the copyrights of sets and costumes (and the determination of ownership is not necessarily straightforward depending on the employment relationship, although I'd imagine it's probably spelled out by contract as it is for most artistic businesses) can absolutely prohibit photographing them. I have been at shows where that's not enforced, and I don't know whose decision that is, but the copyright owner can legally stop you from taking pictures inside the theater. In fact, some theaters themselves may have protected aspects of their interiors and they therefore may prohibit any photography inside the theater at all. (The theaters are private property so nothing in the interior is viewable from a public space.). This means copyright owners could also request that these photos/videos be removed from YouTube/twitter/etc. but realistically, enforcement is expensive and labor intensive with the number of photos and videos out there.
Of course, this is all based on US copyright law. I'm sure laws may be different elsewhere.
(Nerdy but requisite Disclaimer: this is not legal advice and does not create an attorney client relationship)
Updated On: 5/22/16 at 01:14 PM