Okay- here's the deal...
it's not just your rights you're dealing with- technically, that's an illegal copy of music as well. Dancers taking home a copy of their own performance to music they presumably own is considered legal under the premise of making a back up copy of music they own. distributing that same video anywhere else without license to do so is music piracy and has the potential of landing you in trouble & pissing off musicians/producers.

Any video you do take is technically the property of the photographer, but for public distribution, you would need (or at the very least it would be prudent & polite to ask for) a model release form from performers.

now that you know the legal side of things, here's what we actually do!

We do not allow video taping at our events. We provide a performance DVD to performers & they end up with the full show because no one has time to actually cut the show or cash to pay the videographer to do that. It is understood that this video is for private use and will not be copied, distributed or sold, but we don't make anyone sign anything to that effect. Likewise, for a student recital/show, they are given a copy, and we rely on the teachers (since we do a community program) to make sure students have purchased a copy of the music for their choreography. We really believe in supporting out supporting artists & getting those musicians paid!

It is a tricky subject. Technically if we are using and recording the music then there is liability.

I do video our shows and haflas but only provide the video to performers due to copyright issues for the band/muscian and the performer. If I was selling the dvd for profit then I would want to split with all that are on the dvd. Some decide to only provide that persons performance but like some others mentioned...I do not have time to edit so I get permission from all to provide the whole show to performers only. This is just to provide the performers with the show and their performance. I do allow them to tape/video their performance only too if they want but not others -- they can only video themselves. What they do with the video is really up to them....I do not regulate that. I am not making money off it and really just for them to have a copy of their work -- as we all know that is nice to have and often used for personal growth.

I do have a professional dvd out (with all the legal copyright standards covered - I did purchase rights to the music) and married to a muscian with CDs on the market. So I do understand the need to ensure that we do not ignore the rights of our muscians. I think most muscians would be okay with a performer using their music (with the credit given) and having a copy of the performance - most will see it as an opportunity to get more sales. Most muscians are not going to be okay with someone making money off of their work...rightfully so as I would not be okay with that either.

To me .. if someone wants to post the performance then it is their responsibility to give proper credit. Of course our dvds of the shows are not professional recording so there is no concern of someone selling...if I was selling these for profit then the approach would be for all to give credit and check with the band.

It is a fine line. There are some in other areas (not my or S's area so much - both in Colorado I think).....that do require the performer to get permission from the muscian to even use the music. When I have spoken with muscians here and even bands outside of our area --- most feel that is pretty extreme and are more concerned if the dancer is making money off of their music (on a recording such as dvd sales) more so than using the music for gigs or shows. They do all ask for credit to be given which is important.

Phoenix

Hi S...I realize that you also asked about posting someone elses performance. I think that is really not okay unless they have checked with that performer as they may not want to be on youtube or whereever. Most would not care but some might --- it could be something they plan to release in the future. So I would say to tell them that they can post theirs (who cares how old) but if they are wanting it for another persons performance -- why? And may be they should speak with that group first.

I did have someone want the DVD from a show 4 months later. They had not danced in it and wanted to see again something that someone did. I explained that first I do not provide the DVD to the general public but also said....may be go drop in on her class and see about a private. It made me feel the person was going to copy a very original idea that someone had done (it was original too).....so instead marketed her as a teacher. The person completely understood and just had not thought about it that way.....it was very innocent and now she takes classes with that instructor.