Band wants to post concert video with identifiable audience

Do they need a release?

[ergophobe]

Subject says it.

A band that we are promoting wants us to post concert videos on our website to advertise an event. The videos include images of the audience, including kids (it's a family music event, all ages). I see videos like these all over the place on band websites and it seems like pretty standard practice.

That said, we normally get photo releases even if we have implicit releases (e.g. all employees sign an agreement of understanding saying that photos of them while at work might show up in advertising materials, but we usually get a release anyway).

So we tend to err on the side of maybe going overboard and certainly going far beyond "normal" practice. But curious what people have to say about posting event videos if you can see who's in the audience.

[not2easy]

Within the US and IF the video was made at a public venue and IF the video is to be made available to the public without a charge then they should be fine* As always, best to consult a lawyer, but it is done all the time without release from every person in a public area event.


_{(unless some individual in the audience wants to try to make an issue of it and has money to waste.)}

[tangor]

Did the concert occur in a concert venue? (ie. were tickets purchased and advertising for the event etc?) Did the promoters state prior to the event that cameras would be in use? Did the ticket seller state that same thing? Any of these would be implied permission by the audience for having their images captured. At least in the USA. Not sure of other countries how that works, but with all the concert films shot world wide I'm pretty sure there is something like that involved.

[tangor]

In future, might suggest to your band that such language appear on posters and tickets, or at least a sign at the front door. This is CYA stuff, to be sure, but it can't hurt!

Come to think of it, there are some generalizations regarding film and photographs in public places which might also apply. Might want to check those out as well.

[ergophobe]

>>Within the US and IF the video was made at a public venue and IF the video is to be made available to the public without a charge then they should be fine

Yes to all. The video is on YouTube already actually. The band is using it. But we worry a little more about such things than they do.

>>Did the concert occur in a concert venue?

Yes. It's a dinner + music event that happens every night, so "promoters" is perhaps the wrong phrase. But yes, everyone buys a ticket.

We are the venue and we sell the tickets and put on the dinner. So I guess we are the promoters and the ticket sellers.

>> Did the promoters state prior to the event that cameras would be in use? Did the ticket seller state that same thing?

No, these videos were the first we knew that the band was filming their performances and getting photos.

>>This is CYA stuff

That's why we err on the side of caution with respect to releases, especially if minors are in the photos. But of course the guys in the band, super nice guys who have been playing music professionally for maybe 40 years, have never thought of this. They really like performing and like interacting with the audience and getting people up on stage to sing with them and so on. So I don't think it occurs to them that it's anything but a bunch of friends, some of them paying money, who are enjoying an evening together (really, it feels that way when you're there). The idea that one of these nice kids who comes up on stage might have a parent who would object is probably inconceivable for them.

>> always, best to consult a lawyer

Sort of thought that when I posted, but thought I'd poll the community first to see if anyone had experience or knew of a good resource.

[tangor]

I'm in a band, have been for near 60 years. We do this all the time and never have a problem, then again, we tell folks there is OUR cameras rolling and they can't use theirs. :) (On the tickets)

By the same token, we've never pursued those who defy as they are gnats as far as copyright and image are concerned (and a bit of advertising we didn't pay for is also a benny). You pick and chose your battles. Now, if someone videoed our full performance we'd be on them like white on rice (and make their blue eyes brown, if you get my meaning)

All said, that lawyer consult is good advice, just select the right lawyer to consult, guaranteed not to be your ordinary attorney as this is a rather rarefied part of law.

PS, don't rely on the fact it appears on YT as a sign of okay.... there's more WRONG on YT than right! (In fact, dang near everything!)

[ergophobe]

Thanks for the perspective.

Yes, I would not take the fact it's on YouTube as proof of anything except that it's on YouTube!

[tangor]

I imagine there's no problem, then again, as noted above, I've been doing this six decades and about the second decade looked at this and said to the guys (many dead, as the band keeps changing) "Let's nip it in the bud by requiring tacit/implied permission by the purchase of a ticket." We tell them up front this will happen and if they don't want their picture/image captured they can go to the next bar/concert hall/open air park/stadium/air force base (among a few of our venues). Only since the cell phone have we included "no video recordings allowed" which makes it much easier to nail the dirt bags who try (and some do) to make coins off our performances.

[ergophobe]

tangor... my math head is slow because I'm really tired... but at what age did you start performing in a band?

BTW, got some old guys for our wedding - a dixieland jazz band. We got married in a place that had no electricity and in any case had rules against amplified music. I heard their demo and asked if they would have any issues with those restrictions. Until Alzheimer's takes my memory, I'll always remember his return email which, in its complete entirety read

"No juice. No problem"

Once they had the gig he asked a cagey question about the wedding march. I said I wasn't a fan. His response was equally verbose.
"Terrible song. How about Armstrong, Wonderful World?"

Anyway, don't think any of them was under 65. They were awesome. Some people said "best wedding music ever" and, since they were fully subsidized by Uncle Sam (i.e. on Social Security and Medicare), we were shocked when they quoted us a price (don't remember the number, but it was less than half of what snot-nosed DJs ask to spin a few tracks).

Anyway... sorry for the long diversion.

[tangor]

Started age 5 on violin.

[ergophobe]

And, perhaps more importantly, apparently stuck with it, which is the part that counts. I started saxophone at 10 and quit at 10 (or thereabouts)