(X posted in the Cheeky Girls Productions Tribe)

Hi Everyone

I just started a small production company and lately festival organizers have been asking me if I am interested in being the official videographer for their events. I was hoping to get some feedback from you guys about how to proceed.

Questions for dancers:
1. Do you usually buy a video of your performance at these events? If you have a troupe, how many members buy a copy? Do you get a discount for buying extra copies (ie: $30 for the first one and $5 for each additional?)
2. What is a fair price for a professional video shot on a professional TV camera? How much is too much?
3. Do you expect your DVD to be burned on the spot and available that day? Do you expect to pay more if that is the case?
4. Do you know how to convert footage from a DVD into a format you can put on YouTube? Would you pay $5 extra to have your footage put on YouTube?

Questions for event organizers:
1. Do you pay a flat rate for a camera person for the day or are they a private vendor? Do you get a percentage of the profits?
2. Do you provide the blank DVDs, cases, labels, and DV tapes?

I think most dancers have paid up to $40 for a shakey, blurry, 5 minute DVD of my performance at festivals. I have even seen a man with a 15 year old Hi-8 camera filming at a festival and charging a hefty sum for the video. I want to charge a fair price so that everyone who wants a copy of their performance can get one, but at the same time I am showing up with a ton of expensive equipment and burning the DVDs on the spot... and I'm going to be stuck behind the camera for 10 hours each day.

Thanks for the feedback,
Michelle
posted by:
michelle
SF Bay Area
  • While it's nice to have a video, keep in mind that anyone recording and selling video of performances using copyrighted music is in violation of the law. And unless the dancers are using music composed by themselves or something that is in the public domain, it's pretty much all copyrighted and technically not legal to record and sell.

    I'm not saying you can't do it, but I am saying that people doing this need to be aware of the laws they are breaking. Of course, I'm willing to bet many festivals don't know that either they or the venue are usually responsible for getting the right licenses to play most popular music (by that I mean anything published, which is pretty much everything) at the festivals. Publishing companies such as ASCAP and BMI have been known to crack down on clubs using music they're not licensed to play... wouldn't be surprised if a major BD festival got nabbed at some point.

    But to answer your question...I bring my own camera and ask a friend to videotape for me.
  • As an event organizer...I have not sold video of the shows we've produced precisely because of the issues Gibson has raised. Last year we had a professional 2-camera crew that taped the performances for the people dancing and everyone bought their unedited raw footage (roughly $30). The video was never offered to the public. The cost included the cds, etc. and we did the editing of the individual performances ourselves to keep the costs down. Even still, I don't think we even covered the expense.

    We did purchase music rights for the show, but not rights to use the music on a video to sell to the public. So the video was essentially a personal copy of the performance for the individual troupes/dancers. Artists could use have the video for personal use, but not sell it.

    If I could find an affordable way to have our shows shot & edited... and then sell copies of the shows...(including all the necessary music rights.)..and still hope to make a profit, I'd consider it. Frankly, I wouldn't even care if I made a profit. If I could guarantee the videographer could make a profit then I'd probably do it. I'm not in the video business, but a lot of my attendees would like to have a souvenier to take home with them and others who cannot attend would like to see the shows also.

    I know other festivals that tape individual performances on the open stage and sell the video to the dancers only. It seems very similar to what we do with our shows. I know that this happens at ballroom dance competitions as well...but the video costs a pretty penny. Around $25-$35/ an entry. It is not uncommon for most competitors to have 10+ entries. So videos often cost over $200 each. Ridiculous, I know.

    I hope that's helpful.
    • well, not so ridiculous if you are planning on using the video to promote yourself- heck, a good photo sitting can be in the range of $400-$1000 if you are buying the copyright to the photos as well, so $200-300 for good promo vids doesn't seem like so much.
      • I've cut dance reels for friends (I'm a producer/editor by day), and if I charged them my full price it would probably be around $200, depending on how much video they had and time spent on it. But if it's just a video of one performance, even with a 2-camera shoot, I wouldn't pay nearly that much!

        I always liked auditioning for the Ethnic Dance Festival in San Francisco because they hold the auditions in a real theater at SF State University, and a dvd of your performance is included in the $25 registration fee. Nothing fancy, just fade up at your announcement and down at the end applause...but having something where you're dancing on a real theater stage is really nice. Also, they open the auditions to the public both weekends, so for $5 you can sit there and watch a ton of world dance too.
        • "But if it's just a video of one performance, even with a 2-camera shoot, I wouldn't pay nearly that much! "

          yes, sorry- I was responding to the 10 pieces at one show for $20-$35 each. If I set up studio time specific to a promo shoot where I know the camera is gonna really work with me & not worry about mistakes that can happen in a live performance, that's another matter, of course! The Ethnic Dance Festival situation sounds ace!
          • Yes, but at a ballroom competition we are not talking about you as a couple getting professional footage with a 2-camera shoot. The set about 15 cameras up on a podium and the film you during the competition. At a ballroom comp there can be 15-20 other couples on the floor at the same time. So the single camera points at you and follows you around the floor, but there are tons of other people in the video. It's not footage that could be used to promote yourself. And it's mostly for the amateurs anyway...as a really expensive souvenier.

            $200 for a great 2-camera shoot for professional footage edited as a nice promotion piece...yes, by all means. But the $200 video at a ballroom competition? um...definitely not.
  • some replies & comments (both as a performer and a festival producer)

    Questions for dancers:
    1 Do you get a discount for buying extra copies (ie: $30 for the first one and $5 for each additional?)
    Tribal Caravan has always had our videographers charge $25 for the first copy and $10 for additional copies

    3. Do you expect your DVD to be burned on the spot and available that day? Do you expect to pay more if that is the case?
    This was the case at an event last year and there were many complaints about the quality. And why would someone pay more for that, I wonder? A superior product can be produced once the media is taken back home and edited down.


    Questions for event organizers:
    1. Do you pay a flat rate for a camera person for the day or are they a private vendor? Do you get a percentage of the profits?
    Tribal Caravan considered our videographers a private vendor. Why would we get a percentage of their profits?

    2. Do you provide the blank DVDs, cases, labels, and DV tapes?
    Why would we supply anything other than the original tapes, since the content cannot be owned by an outside individual (due to copyright laws and artist release contracts). At Tribal Caravan, we insist that our videoraphers provide a DVD with our icon on the case and label, establishing shots of the venue and titles at the head of the recording. But we are in Los Angeles where film production is the pervasive industry. We are demanding when it comes to video media presentation. Plus, I will never forgive the shoddy "quality" of my very first dance performance from Rekkasah. Half the time the camera was holding on an empty stage - there were 13 of us!!! And the wide shots were SO wide, we could have been anyone on the planet for all the clarity in the shot. Shame on them and their lack of quality control!


    "I think most dancers have paid up to $40...." I have never seen anyone charge that high of a rate. I can only imagine some event where the producers do not allow personal video cameras in the door (Rekkasah) and then offer an inferior product which dancers have no alternative to if they want a record of their performance. I don't agree with that policy.

    " and I'm going to be stuck behind the camera for 10 hours each day."
    Being stuck behind the camera is pretty much what the job entails - just like a henna artist is stuck painting henna or a jewelry vendor is stuck selling their wares.

    As stated by others, the selling of an entire show is illegal under festival circumstances due to the mountain of release forms from each and every artist that would be required, along with music licensing. So, the only thing we have ever allowed is the selling of a copy of one's own performance and copies to other troupe or band members.

    • <As stated by others, the selling of an entire show is illegal under festival circumstances due to the mountain of release forms from each and every artist that would be required, along with music licensing. So, the only thing we have ever allowed is the selling of a copy of one's own performance and copies to other troupe or band members. >

      Actually, it has nothing to do with whether the whole show is recorded or who the video is sold to. If you record a performance with copyrighted music it is illegal to sell it unless you have procured the license to do so, even to just recoup the cost of the recording. That's what many people don't understand. If I videotape a performance at a festival and then sell it for even 25 cents to anyone, I have broken the law.
      • Hmmm... Assuming the performer legally purchased the music they performed to (and therefore owned a personal-use license), creating a copy of that music for equally personal use (in the form of the audio track of the recorded video) should be perfectly legal. Really, it's no different than ripping an MP3 of a CD you already own or taping an LP from your collection. Subsequent copies of the recording within the members of the performance troupe would be illegal, unless they also owned legal personal-use copies of the music, but an interesting case could be made that bundling a legally purchased CD single with a performance set to the same song could conceivably be a more affordable (and less hassle, for sure) alternative to procuring distribution rights for a performance video.

        Stuff to think about...
        • Does owning a CD for personal use include using it for a public performance? And if the performance is video taped by a professional and sold back to the performer, is that still acceptable under personal use? I don't know all these details...hence the reason we haven't added videography to my event.
          • I've been searching for some precedent along these lines but haven't found it yet...

            So, basically, it seems:
            "Does owning a CD for personal use include using it for a public performance?"
            No. That requires a separate licensing fee, usually paid by the venue owner or event promoter (if the venue lacks the appropriate cabaret license).
            "If the performance is video taped by a professional and sold back to the performer, is that still acceptable under personal use? "
            On the surface, it would seem so. There's no limitation that prevents someone from hiring a commercial service to make a duplicate of their personal media properties.
  • This is good information and I hadn't thought about the music rights. I don't know if it matters, but I would only be selling the individual their own performance. I thought of it as paying for the service of being filmed, but I will look into the music rights legality. I wonder if I could put something on the release form that would somehow cover me legally?

    I should add.... the video will be edited with titles and also burned to disc that day. It is a 2 person job, one is editing and burning (we'd have 2 laptops going) and the other is filming, which is why I was wondering if people would consider paying extra for the fast turn around. It is way more work to do it that way and I was wondering if it is something that people would value.
    • <but I would only be selling the individual their own performance.>

      Yes...but 9.8 times out of 10 the dancers are using music that they don't own the publishing rights to, so regardless of the fact that it's their performance, the music is not theirs. If you videotape a performance done to unlicensed music and the sell that video to the performer or whomever else, you are making money off the musician and the publisher and they're not seeing any of it. Even if you're just making enough to break even...it's the exchange of money that is at issue.

      All of this is mostly just nitpicking...people do this all the time and will continue to do so. But it is smart to know the limits...and the law.
      • This is the rare case where I actually disagree with Gibson.

        If a dancer legally purchased a recording of a song (even if it was just a 99-cent download on iTunes) they own a personal-use license for that song and that includes making a copy of that song for personal use. That right of personal duplication applies regardless if the duplicate is an MP3, a CD, a cassette tape, or a video tape.

        And the exchange of money is not an issue. Even if this were an issue of piracy (which, as explained above, it's not) payment is not a required condition of illegal duplication. Even free distribution damages a product's value in the marketplace, which is the foundation principle of the laws designed to protect artists and producers (mostly producers, frankly).
        • But personal use wouldn't cover someone else videotaping the performance and selling it, right? At that point, the copy of the song is on the videotape, not the dancer's copy...which makes it a copy of a song being sold by the person who does not own it.

          I wish I could find that long thread that explained all of this stuff so much better...
          • I think it depends on if the performer is paying the videographer to tape their own performance for personal use. The question is really more about whether you can use a personal use liscence for a public performance.

            If someone is tapping the performance and selling to the public, family members, troupe members or anyone else, then yes...I would agree that it is probably not legal and copyright infringement.


          • It's really a fine point but it makes all the difference... Assuming the videographer doesn't keep a copy of the work with the song, possession has not changed. One person walked into the room with the legal recording song and one person walked out with the same recording, plus a perfectly legal personal-use copy of that same song. No additional people (read "potential customers") walked out with an unpurchased, illegal copy of the song. The artist/publisher lost no potential revenue in the transaction. There is no law prohibiting profit from duplication services, so long as the personal-use license is not violated.

            Actually, in a live performance setting, the audience members who videotape the show (or even just a single performance) are more likely commiting piracy by creating illegal duplicates of a song they may not have personal-use permission (usually obtained by purchasing the commercial product, be it MP3 or CD or whatever).
            • But Brad, essentially what the videographer did was:

              took a copy of the song from the first person
              made a copy of it on another media
              sold it back to the first person

              It's the "sold it" part that I think gets fuzzy legally. If they just GAVE it back, that makes sense. But making profit from a copy of that music is questionable.

              What if I took a movie from you, and made a copy of it, then sold you a copy of the video?
              What if I took your CD, made a copy of it, then sold you that copy?

              Nobody in their right mind would DO that, being that it is the same media in exchange, but I think that this is the essence of the legal conundrum.
              • one way to perhaps consider it, is that you're paying for the *service* of the videographer to film your own performance, and for the media/editing processes involved - that is, if it's YOUR performance. You're paying for their service, not for the music, etc. Now, if the video is sold to other people, particularly the general public, then it's definitely a whole new ball of wax - you've got the music licensing, the dancer's image/choreography, the event permissions, etc.
          • Let's see...

            Does it matter who the videographer sells it to? That is the question.

            Basically, what you are saying Brad is that if the videographer:
            filmed and sold the videos to 5 people, illegal
            filmed and sold the video back to the dancer, legal

            I am not sure the law would detail it quite the same way? Either it is legal or illegal to film and sell a video of a dance performance in which rights were not attained for use of the music in a performance piece. That would be my assumption.

            But I wouldn't let that stop me, either, Michelle. It's a personal transaction between you and one person at a festival. You just need to decide if that seems safe enough to you.
            • I'm with Brad.

              If we can assume that the dancer purchased a legal copy of the music for her OWN use as an individual...
              And if we can assume that the event organizer paid appropriate music licensing fees to cover the music used at the event...

              then there is no problem with the videographer recording a copy of the individual dancer's performance and selling it back to the dancer. After all, she already has the music, and she used it in an environment which was properly licensed. As Brad said, in this situation the videographer is merely returning to her something she already has - the music.

              The law lets the dancer use the music herself so long as she properly purchased it in the first place and used it in a properly-licensed environment. It doesn't allow for the music to be distributed to other people. The role of the videographer is to take the music she already owns, add the image of her dancing, and return it to her.
            • A mildly brain-numbing discussion of the AHRA exemptions can be found at en.wikipedia.org/wiki/Audi...nt_Actions

              This section begins with:

              The AHRA contains one positive provision for the consumer electronics industry and consumers, section 1008, a "Prohibition on certain infringement actions:"

              "No action may be brought under this title alleging infringement of copyright based on the manufacture, importation, or distribution of a digital audio recording device, a digital audio recording medium, an analog recording device, or an analog recording medium, or based on the noncommercial use by a consumer of such a device or medium for making digital musical recordings or analog musical recordings."

              According to the Senate, this provision was intended to conclusively resolve the debate over audio home taping, and "[create] an atmosphere of certainty to pave the way for the development and availability of new digital recording technologies and new musical recordings."

              Private, noncommercial copies by consumers using "digital audio recording devices" are explicitly protected by §1008. The Senate report defines noncommercial as "not for direct or indirect commercial advantage", offering examples such as making copies for a family member, or copies for use in a car or portable tape player.
    • The way around it would to make them sign an agreement saying that they are responsible for the music rights. I've had people suggest that to me as a way to get around paying for the music rights for the shows. But the venue we use requires the music rights and they aren't that expensive for a one night show. But video taping is a different animal entirely.
  • I always buy a video of my performance at events. In the ones where my troupe performed, there was not an option (at least, not that I knew of) to buy multiple copies. (Rakkasah and Summer Caravan.) To my knowledge, my only option was to buy one copy, and then it was up to me to make more if I wanted them.

    I've been accustomed to paying something in the ballpark of $25-$30.

    I was okay with either having my DVD burned on the spot and given to me that day or being mailed to me later. I have experienced it both ways. I expected to pay the same either way. I guess if I went to Rakkasah, I'd expect the DVD to be burned on the spot, but only because that is what I experienced at Rakkasah in the past. I wouldn't be upset if I were told by the video vendor that things had changed and this year it was going to be mailed to me.

    I do know how to convert a DVD to an avi or mpeg file, though I haven't bothered to figure out how to post it on youtube. But I'm confident I could figure that out if I wanted to. I wouldn't pay to have someone put my video on youtube sight unseen, because I'd want to view it first and make sure I'm satisfied with how it turned out before allowing it to be posted so publicly. As for whether I'd pay someone to put it on youtube after I approved it, I personally probably wouldn't, just because I believe I have the skills to figure that out for myself. But I can easily see how others might want to buy such a service, so I think it's a valid one to offer.


    From the event organizer's point of view, I've experienced a couple of different scenarios.

    In one, the video person was hired as a contractor. Meaning, we paid the video person to do the taping and DVD production/duplication, and the pay was based on hours of work. In this scenario, we did not charge any vending fees to the video person, and we provided all the media, cases, labels, etc. Sales revenue came to us as the event organizer.

    In the other, the video person was a vendor. They paid us a normal vending flat fee, and they kept 100% of all sales. They provided their own media, cases, labels, etc. In one scenario, we didn't charge the video person a vending fee at all, in exchange for them arranging for our show video to be played many times on local cable access station. (The local cable access station figured out the music rights issue.)
    • I will have to take a look for my legal documentation and will post more once I find it. However, there is some other law/rule for any video recording of an audio track. I had to go through all of that for a dvd I recently produced, so I should have some of that here somewhere.
      • The two specific types of licenses for music distribution are:
        · A mechanical license gives you permission to use a song (lyrics and music) for audio projects (CDs, Cassettes, etc.).
        · A synchronization license gives you permission to use a song (lyrics and music) for video projects (DVDs, Videotapes, etc.).
        • The laws that apply to use of an audio recording are quite different from a visual recording. This is because audio standards were put in place long ago when the music business was tiny. By the time video came along the business was big enough that no one could agree on a standard so there is none. Basically a music artist can make an audio recording of ANY song he/she wants once it has been released to the public PROVIDED the songwriter/publisher is paid the standard fee (in the U.S. a penny rate and elsewhere a % of the sale price). However this does not apply if you want to make a video/visual rendition of the song. A liscence is required and the fee is entirely at the wim of the writer/publisher. When my label released Dred Zepplin who recorded a Zepplin song we had no problem for the CD and paid the requaired penny amount for the song. When we wanted to do a video we had to ask the Zepplin management and were turned down. We did not make the video.
          If you are using the actual audio recording by an aritst other than yourself you must also get permission from the record company.
          The truth is if you want to video a performance of a song that is owned by someone else you are required to get a license. And if someone sells that to you they must have negotiated with the song owner the amount they have to pay the song owner, plus the record company. Otherwise they are selling you something they do not own.
          • Thanks, Miles - that's what I was looking for in my stuff. My legal adviser (mileage may vary) told me that if a video recording was being sold at all, that it fell under this set of rules no matter who owned a copy of the music. The only areas that were not usually covered were home video you take yourself for home viewing only and something called incidental music where something was playing in the background but not recorded intentionally. I don't pretend to understand it all, but that's what was explained to me.

Recent topics in "The Biz of Belly Dance"