Dealing with Unauthorized Shooters in a Performance Theater

[basspig]

As an official videographer at many events, often where I have exclusive rights to distribute the video granted me by contract, I still find enforcement of the 'no videotaping' rules we set up as part of these contracts to be lax.

Just last week, I shot a cultural event that took place in a concert hall. It was a stage performance with song and dance for an audience of abotu 750.

Per our contract, I was told I would be exclusive as the official videographer at the event and that the audience would not be allowed to bring cameras or recording devices of ANY type into the auditorium.

On the day of the event, I found that things in reality were quite different from what was promised. I found a couple of people so brazen as to be setting up tripods in the balcony, with video cameras. I informed these people of the policy and said "didn't you see the signs posted on every entrance to the theater?" Some of them outright lied and claimed they did not see any signs. (Which were prominently placed on EVERY entrance to the hall).

I conveyed the problem to the chairman of the organization, and also to the emcee. I asked her to please announce the ban at the start of the show. She did so, and did a good job of making it very clear that absolutely NO recording of ANY kind was permitted.

As the show went on, however, there were a brazen bunch in the front row, using what looked like point n shoot cameras to record MPEG video. One shooter was standing at the foot of the stage, reaching as high as he could with his right arm, camera in hand. His head and arm were in all of our wide shots. So not only was this boy violating rules, he was interfering with the legitimate videographers' ability to get good, unobstructed shots that we were being paid for.

Frustrating is the fact that we had no security staff to enforce the ban by ejecting those people from the auditorium.

How do you guys and gals deal with these problems, when you client is lax at enforcing the no taping clause in your contracts?

 

[Zander]

I've dealt with this problem many times. I was shooting a ballet performance for a local dance school. I was given exclusive shooting rights since I was the one who would be producing and selling DVD's for the parents. Of course when I got there one person was setting up up a tripod. I told him that I only I was allowed to shoot but he informed me that the instructor/owner of the school had given him permission. I verified this with the instructor and found out that she had indeed given him permission. What the hell?!

As the show grew closer I saw hordes of dad's strutting in with the camera bags. Once the performance began there was an announcement that recording was prohibited. Some parents put away the cameras but a few kept them out. Since I was a one man crew I couldn't get up and tell them to put them away. No ushers or security were present either.

Later that day for their evening performance a mom was setting her camera and tripod. I tried to politely approach her but the moment I opened my mouth she went off on my about how she designed the costumes, her child was in it, and she needed a copy the next day. At this point I just threw in the towel and cowered back to my camera. I didn't have any fight in me.

A few months later I was asked to do another recording for the group. Again everyone and their cousin showed up with cameras and the instructor gave a parent permission to shoot as well. I guess our agreement meant nothing to her.

Way back in the day my mom was a part of the local ballet school. When they had their annual performance of The Nutcracker they'd hire a video crew for one of the nights. They posted signs saying no photography or recording and had the preshow announcement. When people in the audience refused to obey the rule an usher would simply walk over to that person, remind them that there was no recording and TAKE the camera from them until the end of the show.

 

[Huy Vu]

I think that if this affects your profit margin, then raising the price if the agreed on condition is violated would be the solution. Tell them that if someone else films, the price goes up because you won't be able to sell as many copies.

 

[basspig]

Things on the amateur circuit are a lot laxer than on the Broadway circuit. On Broadway, they're very strict about cameras in the audience. But these events where it's dance rehearsals, amateur performers, etc., have no policing of the audience in this regard. It's almost to the point where you have to have security guards do bag checking at the door.

When it's in the contract, I can be a real SOB about it, and there are NO EXCEPTIONS. A contract is a contract. To the letter.

When the people that run these gigs can't assure exclusivity with the video, how can we sell the DVDs we produce?

It looks like I'm going to have to focus more of the contract text on specific stipulations, such as preventing anyone with an unauthorized camera from even entering the auditorium--but knowing some of these groups, they won't actually carry that out.

I may simply charge a fee to this group for the recording, rather than try to make my money on DVD sales on the back end, as was the case this year. If they don't want to cough up the cash, let them find another videographer that's going to give as good a coverage as I (fat chance). They'll probably hire uncle Melchior to do the taping, and when it comes out awful, they'll come groveling back to me in 2010.

Nowadays, if you attempt to seize an unauthorized camera, you're likely to be in for an altercation followed by a lawsuit. Times sure have changed.

In the meantime, I'm serializing each DVD that I sell, and recording the s/n along with the buyer's name in a log. If illegal copies show up, it should be possible to trace the DVD to its owner.

 

[pmgmedia]

It sounds like a frustrating business. Perhaps your idea of charging a fee for the recording is best. Then you won't need to worry about parents videotaping their own children.

 

[ugafan]

it sounds like you're have to change your business model. if they can't enforce the no taping policy then you'll have to charge more up front to make up for the decrease in dvd sales. it sucks because it's not your fault they don't hire security to enforce the rules, but you'll just have to adapt.

 

[Moojangles]

or have a clause in the contract about if any taping happens in breach of the contract then the fee you are paid is raised. Then there is more incentive to police the event.

 

[basspig]

This event that I'm referring to was not a dance recital with parents taping their own children. This was mostly adult performances of traditional dance and music. The attendies were mostly strangers to the performers, not parents with a vested interest.

For such an event, in the future, I am strongly considering a flat fee and to heck with the tapers--bring 'em on. An approach where the price goes up if tapers are present raises the conflict of proving that this is going on. Other then the 3 people in the front row who ruined my shots, there were more in the back that I cannot prove the existence of, since my cameras were all pointed at the stage.

It is a difficult situation, and one that raises a negative atmosphere around discussion between parties to the contract.