Photo release?

[Drew B.]

If you were taking live action photographs during a theatrical performance of a fairly new, up-and-coming theater troup (which is presently performing off broadway in NYC) ...would individual photo releases be needed to use these images for myself (PR and such)??

 

[jovo]

I can't seem to find the article I recently read to give the citation, but the gist of it was that you need a release always, every time, no exceptions, no excuses....even to photograph the same person on a different occasion. The person interviewed was an attorney who deals with such matters, and he was unshakably adamant. The consequences of not doing so could be financially catastrophic. Perhaps someone else can cite the publication with the interview, but it was bedrock absolute advice.

 

[copake_ham]

I generally agree with Jovo - and think the answer in your case is "absolutely" - since you want to use the photos to promote your commercial interests.

About the only time I think one would not need a release in the scenario you posted is if the pics had been shot by a PJ and were used in a newspaper's theater review. And even then, the photos would likely have been shot during a rehearsal and at least informally via access have been "okayed" for use by the theater troupe.

 

[David A. Goldfarb]

Or more often than not they would be staged photos from the theatre troupe's press pack.

 

[copake_ham]

Or more often than not they would be staged photos from the theatre troupe's press pack.

Yep

 

[Drew B.]

I have usually done the staged photos in the past...but they wanted live shots, (which of course, if you're not familiar with the production makes it hard to catch the action as it happens) I now know all of the "players" and feel that they'll sign on the dotted line once I ask them. Thanks...

 

[Akki14]

It'll be more generally under the theatre and the play copyright if photography is allowed during a performance. We had some issues videoing a live performance even though we had playwright/copyrightholder's permission to do so, the theatre required in their contract with our theatre company to be notified if photography was going to be taking place. A little unusual but then we only took pictures of rehearsals then (which strangely is usually permitted). Just a UK perspective, mind you. I believe in the UK you don't need release forms for anything but it's recommend if you ever want to feature your photography abroad.