Were you there, Roxy?
If not, please provide a link.
Are we entirely certain it wasn't Patti, taking pictures of Elena for her scrap book?
I was there. Right behind the couple
Stand-by Joined: 11/29/04
it was not Patti. LOL
still laughing.
Could someone point to the law that states it's 'illegal' to take pictures in a theater?
Yes.
http://www.playbill.com/features/article/152216-ASK-PLAYBILLCOM-Why-Cant-I-Take-Photos-in-a-Broadway-Theatre
And for a very detailed explanation of copyright law...
http://www.wipo.int/sme/en/documents/ip_photography.htm
It's 100% illegal. I highly doubt the police would rush over if an usher actually called them to report that someone took a picture but it's definitely illegal.
Which is the entire point of the pre-show announcement.
But, people seem to think that they are special and it doesn't mean them.
Others disagree with your "100% illegal" stance:
http://www.andrewkantor.com/legalrights/Legal_Rights_of_Photographers.pdf
From your own copyright link here are legal uses of photos of copyrighted works:
Taking photos for purely private use
In most countries, you are allowed to take photos without authorization, if you use them purely for private purposes. For example, taking a photo of a painting to post on your home refrigerator will generally not constitute copyright infringement.
and
Taking photos to accompany a review or critique
In most countries, copyright material may be used for criticism or review. For example, if you are taking photos of cartoons for a book which reviews, critiques or analyses the works. Just like for the exception of news reporting, you will usually be required to identify the copyright work and the name of the artist.
For the record, I'm opposed to photos during a show for reasons that were previously mentioned -- it's just freakin' rude. But I really have no problem with photos before the show starts or during a curtain call.
Updated On: 6/12/12 at 12:01 AM
For some reason I wasted my time reading that...
This is what I took from it:
"I am not a lawyer. I have not had legal training. I am just a guy who did some research on this topic. Don’t consider this document as legal advice; it may be wrong. Consult your own attorney if you have questions; this is just one person’s understanding and overview."
I'm not a lawyer either but my second link was actual copyright law, not "Andrew's" interpretation and guidebook.
Also, he doesn't prove your point anywhere. All he says that could even be tangentially related to this subject is when talks about trademarked and copyrighted images. Shows don't fall under that category in the same way that movies don't. Uploading pictures of shows/movies diminishes the incentive to go and gives away information/plot details that are not available to the public at large, an example that he cites is not within a photographer's rights.
If I see a picture of the Hershey Kiss, that doesn't make me want to not buy a hershey kiss. However, if I see pictures that someone took during Newsies for example, the plot could be spoiled and it could influence my decision on buying a ticket.
Devil, please note the addendum I made to my last post.
Sorry, you must've written the addendum while I was writing my post.
There's a difference between a book and a live performance. Alone, I have a lot more leeway as to what pictures I can take. Taking pictures of material related to books for private use sounds to me equivalent to taking pictures of ad campaigns/posters for shows for private use. Both are obviously ok.
However, taking a picture of the set or during the performance is more akin to taking pictures of the actual text of a book as it is something one would ordinarily need to pay for to access. This is a direct violation of a copyright law and we can probably both agree a big no no.
If you're still unconvinced, all shows I've seen have policies in place that prohibit the use of cameras. They reserve the right to eject you from the theatre as it is a private venue if you violate the rules. Failure to comply and leave when instructed to do so by an employee of the theatre now becomes trespassing which is illegal and grounds for a call to the police.
The distinction I'm making is that it is a policy -- a rule -- but quite arguably not a 'law'.
My money job involves copyright and the motion picture industry, so I flinch when people cite laws that I don't actually think exist. Most laws are open to interpretation.
Taking a photo of a performance and selling the photo itself would be copyright infringement.
What we've been discussing is not quite so black and white.
Broadway Legend Joined: 1/18/12
Blaxx, I literally laughed out loud. Perfection!
Stand-by Joined: 6/9/12
Latinos can't afford cameras....we jack them from the whiteys on the way to the thee-ay-tah!
All it takes is two hits to the dome.
Pictures should not be taken during any part of the show including curtain call. If you want pictures, buy a program. I don't have a problem of people taking a pictures of themselves sitting in the theatre with the curtain closed.
Broadway Legend Joined: 9/10/08
I was also there last Friday night. Did not see anyone taking pictures during the show, only preshow of each other. However, I wish the ushers spent as much time keeping customers from slamming the doors during the beginning of Acts 1 and 2. It happened at Follies and then at Evita. (upper mezzanine). As I explained to the house manager, if you have two ushers working a section, once the performance starts, one can stand outside, the other stands inside, with the usher opening and closing the door. It would reduce the noise level to practically nothing. I do it all the time as a volunteer, in a bigger theatre. The house manager dismissed me, so now I am awaiting a phone call back (??) from someone in management from Nedlander (sp).
Broadway Legend Joined: 3/29/12
I was told by an usher at Evita to put the camera away during curtain call, but that's because she was right near me. Another girl in front row to the right kept recording but since no usher was near her she wasn't told anything. She was a Ricky fan and didn't get to meet him at stage door anyway because Carlos Alberto saw what happened and said "Ricky's mine, beeyotch!"
Broadway Legend Joined: 3/21/05
Fair Use doesn't apply to normal, everday people who are taking pictures for their photo album. If the producers of the show don't want pictures taken of the curtain, then any phtograph taking in the theater with the curtain visible for non-critical use is indeed illegal under the U.S. Copyright law. If the policy of the theater prohibits pictures and you snap one anyway, you just broke the law.
As for usher enforcement, it is very tricky. The ushers can't tell "what" you were photographing, so it is easier to have the blanket rule of no pictures inside the theater at any time. Some house managers allow it to occur, so the ushers will be in no position to enforce a "no pictures" policy. Keep in mind, while ushers may notice the flash of a camera, that doesn't mean they know who took the picture. So enforcement is difficult at best. Curtain call is very tricky. In most Shubert houses, the ushers are told to leave enforcement to security, so it is out of their hands. They also have to be in specific locations for the audience to exit, and they may or may not be able to get to the offendor (and many times it is too difficult to get to them).
No picture taking when I saw it but the very drunk Latina next to me fell asleep when Ricky Martin was off-stage and magically woke up when he came back on, promptly falling back asleep when he left.
She must have that Rickychip implant.
In my experience, I've noticed that the photography rules vary from production to production. So, whether there's a law on the books or not, it seems to be up to the producers.
For instance, Naked Boys Singing is the only show I've seen where the show actually stops if a photo is taken.
Some shows allow photos but no flash. Others don't allow photography at of any kind at any time.
Ushers can easily reach the end of their ropes when they see scores of patrons, day in and day out, ignore all announcements and written statements against photography inside the theater. They think the rules are for someone else, not them.
I don't want to start yet another thread about ushering but I'd love to see how some of the "pills" around here would handle the plethora of rule breakers. LOL.
I'd use a cattle prod.
The usher shouldn't have called the cops, b/c, in NYC, I'm willing to bet that the cops have bigger fish to fry than cracking the whip on someone who is trying to document their theatre-going experience.
The cops should be called when a person is committing a crime that cannot be stopped by one or two people (in this case, ushers). People take pic/videos in theatres all the time. Yes, it is illegeal and they shouldn't do it, but it hasn't hurt anybody, so calling the cops would be uncalled for.
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