Live streaming law in public venues

[Chris Rinaldi]

Quick question for folks in the US about legal issues of streaming live shows in public venues such as night clubs or bars. I'm working on a project with a few other for streaming live shows from night clubs and bars just to start. The issue came up about the legality issues that may prevent the streaming broadcast. We were told that the venue and or all of the people involved could be sued if say a person is at the event and say cheating on their wife and gets caught. As a result the person files a law suit against the venue and the folks streaming the show. I don't know how true that would be since there are public cameras everywhere in major cities and beaches etc. Also, the news media does a live remote broadcast are they liable? Any guidance would be great on this.

[StogTv]

You can have the venue post a very visible sign at the door advising that anyone in the establishment may be on camera, TV, the web or whatever. StogTv has taped clubs where the activity is the show and this is what we've used. We also carry "Media Perils" insurance to cover us.
I think the real question here may be 'music rights' as ASCAP and other licensing groups have restrictions on broadcast, etc. and I'm guessing 'webcasting' is covered.

[Chris Rinaldi]

thanks for the information. I'll look into the "Media Perils" insurance. I know from DJing in clubs that the club or establishment should be paying ASCAP etc. royalties if they are having a DJ or a band that is covering music or music video. I know that this project is also going to be focused on demonstrations and show type events as well. I'll dig further into that. Even if we just locally simulcast on monitors throughout the venue that would be a good start. I'd like to introduce these venue owners to something that is not widely done in our area. With Vidblaster I think that I can really raise the bar in that industry. Thanks again Charlie!

Chris

[jvrproductions]

Agree with Charlie. You need to put a big sign that say that you will be filming and streaming. The problem that we get on the past with that on Florida is that soon or later the night club owner will not be happy with the sign because a lot of people will complaint....
About the cameras on the beachs and streets.
1- It's public space (Club re private.)
2- it's no broadcast or advertiser.

(Sorry for my english)

[Chris Rinaldi]

This is all great information. I want to make sure that I cover all bases so that we can hit the ground running on this.

[whereforearts]

The deal with ASCAP and BMI with the venue only covers the live performance in the venue. Separate copyright issues come in to play when videotaping, broadcasting and webcasting.
You may need/be able to make an agreement with the performer(s) for "sync" writes to webcast their original music. If they play covers, sync rights may have to be paid to the publisher or songwriter if self-published. It really gets complicated when the performer/songwriter uses a separate publishing company. They may not have the legal right to give you sync rights to use their own song in your webcast. It's why we only webcast performers playing their own music to which they hold all the rights. We get a release form that gives us that permission either for a fee or for the "service" we provide creating the video (we give them non-exlusive rights to use the video and video clips as they wish - they give us the same.) In this way, we become a service provider "hired" by the performer to create the video and do the webcast for them. It limits us a bit, but there are so many good performers out there who write their own material and are gun shy about signing over their publishing rights that we have yet to be unable to book a show. And still, we're looking over our shoulder to see if we get screwed by copyright law.
The Royalty issue is a complicated one. Here's a simple explanation: http://entertainment.howstuffworks.com/music-royalties.htm
If you plan to go big with this idea, you really should consult with an entertainment lawyer. I know, I know...but it may be worth it to avoid lawsuits. Or worse, BMI and ASCAP breathing down your neck looking for past royalties.


www.WhereforeArts.com (http://www.WhereforeArts.com)

[Chris Rinaldi]

Outstanding! Thanks so much for the detailed information! I'm looking for a good niche' for myself and a few friends and I want to be sure we cross all of our Ts and dot all of our Is so we get it right the first time. Thank you!

Chris