I Saw Your Brassiere on Facebook

Jimmy Ludwig and I and an occasional column in Equity News called Ask The Geeks. 

Here's one from April of 2009.  We are all wending our way through the morass that is or digital world.  Theatre people have special considerations not only due to the public nature of our work, but our untraditional work places.

Equity’s Committee on New Media and New Technology (lovingly named The Geek Committee) cares about issues concerning our Members and New Media.  (And there are tons of issues) So to help clear up some confusion, welcome to another edition of: Ask The Geeks

Ask The Geeks

Q.   Last week, on my birthday, a bunch of people burst in to the dressing room and videoed me in my bra.  I posted it on my Facebook page.  I think it’s hysterical, but my dressing roommate went postal because part of her arm and the back of her head are in it.  You can’t even tell it’s her but now she’s really cold toward me.  Am I right or is she having a cow for no good reason?

A.    No, the cow is well deserved.  If this were at your house, your only crime would be insensitivity.  The problem here is that you were at work.  Delete the video.

Q.   I’m building a website.  I found a pirated clip from my show on YouTube.  I want to lift a clip (just me singing and nobody else in frame) and put it up on my site.  Problem?  After all – it’s my image and I didn’t pirate it.

A.    But you don’t own the show in which your image appears – the producer does.  If you use ANY of that footage, you are as legally vulnerable as whoever pirated it in the first place.

Q.   I’m really pissed-off!  One night we had to stop the show and improv some dialogue until our set started working again.  Somebody in the audience recorded the whole thing and now it’s all over the internet!  A friend told me there was nothing I could do because it was news and therefore “fair use.”  (The incident made all the newspapers the next day) Is that right?

A.    The Doctrine of Fair Use is an exception to copyright laws.  This is major lawyer territory but basically, the copyright law says that fair use of a copyrighted work without permission can occur if it is used as (1) criticism and comment, (2) parody and satire, (3) scholarship and research, (4) news reporting and (5) teaching.

That said, what the audience member did was to steal your image.  Period.  If it was during a performance, he not only stole your image, but the property of your show’s producer too.  Catching the thief is the hard part, but if you can, you may be due damages.  Equity has been successful at having such footage removed.

Q.   In trying to promote myself, some friends and me have made an online webisode.  We’ve had a lot of hits.  We’re not making any money and I’m giving every cast member a copy.  No harm – right?

A.    Depends.  Do you or any of the other cast members belong to either AFTRA or SAG [SAG-AFTRA]?  If you are, did you get the proper paper work?  You could be in violation if you didn’t.  So much trouble can often be avoided with a single phone call.

That’s all for this month’s edition of ASK THE GEEKS!

Remember: Your image has value.

Your image (this includes your voice, photo and any other reproducible part of you) is yours to sell or give away as you please.  But it gets complicated anytime other people are involved.

The media landscape changes literally every day.  Wrapping ones mind around the concepts of New Media can cause crossed eyes.  Equity is there to help.  That’s one of the things you pay dues for.  Producers have deeper pockets and better access to lawyers than most actors do.  If you’re not sure about an issues dealing with New Media, call Equity or email taping@actorsequity.org.*  Your union wants to protect you – not punish you.

Under Equity’s collective bargaining agreements, the ways in which a producer may exploit your image are laid out very clearly. † There are penalties for the use of your image outside of the parameters of your contract.

Under federal law 18 U.S.C. 2319A, it’s a felony to “transmit, distribute or offer to distribute” sound or video to anybody anywhere (including posting them on social networking sites) without the consent of the performer(s) involved.

Here are some rules of thumb:

·      Yours is the only image you have the right to promote, but…

·      Just because it’s your image doesn’t guarantee that you have that right.

·      If you tape (film/photograph) it – make sure you have the right to do so.

·      If you don’t have the right to film it – don’t.

·      If you didn’t film it yourself – you probably don’t own it.

Tune in down the road for more pertinent info.  Until then, stay in touch at taping@actorsequity.com.*

* updated email: capture@actorsequity.org

† this was written before many of the Media packages which are now standards in many of our contracts.