Stay Aware: Copyright Guidelines For Theatre Recordings

• Published date: 01 April 2024
• Subject Matter: Intellectual Property, Copyright
• Law Firm: Awatif Mohammad Shoqi Advocates & Legal Consultancy
• Author: Dr. Hassan Elhais

Introduction:

In today's digital age, where smartphones and cameras are common, capturing moments through videos or photos has become second nature. However, it's important to be aware of copyright laws, especially when recording inside theatres during live performances. Federal Decree-Law No. 38/2021 on Copyrights and Neighbouring Rights provides clear guidelines on copyright infringement, emphasizing the importance of respecting intellectual property rights.

Article 45 of Federal Decree-Law No. 38/2021:

Article 45 of the aforementioned law specifically addresses the restrictions on capturing photographs, sound, or visual recordings of others without permission. It states that individuals must obtain consent before keeping, publishing, exhibiting, or distributing original or reproduced photographs or recordings of others unless otherwise agreed upon.

When it comes to recording inside theatres, whether it's a live performance, a play, or a musical, there are several legal considerations to keep in mind. Firstly, the performers, directors, and producers hold intellectual property rights over their work, including the performance itself, the script, the music, and the set design. Recording these elements without proper authorization constitutes a violation of copyright law.

Furthermore, audience members may also have rights to their likeness being recorded. Even if the focus of the recording is the performance, capturing individuals in the audience without their consent may lead to legal repercussions.

Copyright Infringement Penalties:

The penalties for copyright infringement outlined in Articles 39 and 40 of the decree-law are severe to prevent such actions...