Legal Question in Entertainment Law in Hawaii

Video Taping of a concert from a public area

If there was an concert by rock group that is being help in an out door establishment, is it illegal to:

1) record the concert for personal viewing and listening

2) Setup a camera to display whatevers visible onto a TV to be viewed by the few friends while the concert is going on.

3) Sell what I video tape

Notes:

- This is an outdoor concert.

- My camera would be on a public park adjacent to the property that the conert is being held at

- The camera will focus through the trees and audio is what can be heard by just standing on this public property.

- No modification or tampering of the concert facitiliy needs to be done to acquire a view or audio.

- Does it make a difference if the camera is placed on a 10-20 foot pole to help get a better view?

Thanks....


Asked on 3/21/01, 10:35 pm

2 Answers from Attorneys

Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Video Taping of a concert from a public area

It is illegal without the written concent of the performers. It is theft of their performance. Get a general release form and have everyone sign BEFORE you tape. This is not rockect science.

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Answered on 5/28/01, 12:19 am
Bruce Burdick Burdick Law Firm

Re: Video Taping of a concert from a public area

Ditto as to the prior post.

You are proposing to be a rip off artist trying to rip off an artist. Everything you propose is illegal. Repeat everything. You would be stealing from the artist. No sane artist is going to give you permission to do this nonsense. They don't want long distance video through the trees with poor sound, they want high quality stuff. You and your pals should forget this illegal "purloined performance" plan and just pay the admission price and see the concert honestly.

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Answered on 5/28/01, 3:23 am


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