Footage of yourself released without consent

[eloann]

Hey, I'd like to discuss something that's been on my mind for a while

I'm regularly seing videos of myself playing pop up in my social media feed. While it is flattering it doesn't seem to occur to people to ask authors and performers for consent.

Now if someone's recording for a souvenir, to show their partner or friend who couldn't come - no problem. If they're recording to send it to the band so they can potentially use footage for promotional material - even better (that's something I sometimes do when attending friends' gigs).
If they're an excited audience member sharing a live or recorded video of a show on their private Facebook account - that's still understandable and somewhat helpful for exposure (although technically not allowed).

Where it's starting to bug me is friends sharing clips of private improvisation sessions (at which I might be playing a style or an instrument I'm not that comfortable with), or when a venue uses footage for promotion. Without asking, which seems like such an easy thing to do.

Am I overthinking this? What's your experience and under what circumstances would you tick?

 

[Altitude]

I think, if you were to press it to litigation (which you haven't suggested but I'm illustrating), you'd get into reasonable expectation of privacy as a topic. In 2020, a performer in a public setting probably does not have one unless he explicitly directs audience members not to record the performance like they usually do at plays and musicals.

As regards the venue releasing footage for promotion - you probably agreed to that in your contract to play there. If you're playing without a contract, you're back at "no reasonable expectation of privacy" as a defense by the other side.

I guess I wonder where the harm is. Unless you find someone somehow making money off of the recordings.

EDIT: Laws might be different in your country. Take my unqualified legal opinion with a grain of salt.

 

[eloann]

I hadn't thought about any privacy stuff at all - and my post is irrelevant when the audio is muted or replaced.
What I had in mind was the copyright (which apply to improvised pieces as well) and neighbouring rights on the music.

Of course as you pointed out I mostly know about rules in my country: Switzerland.

 

[bassbrad]

While you certainly want to protect your image, reputation and body of work - unless you are being defamed or losing out financially you really do not have a concern as far as the law is generally concerned.

Having been on the dirty end of that stick more than once i can tell you my friend it is always best to be prepared.

 

[MrLenny1]

IMHO you are overthinking this. With everybody having smart phone photos and videos.
I have more PIX of me on Face Book than I care to see but cannot control.
We visited your country last year. Beautiful, great transportation but the food is
very expensive!!! Why??? lol

 

[eloann]

While you certainly want to protect your image, reputation and body of work - unless you are being defamed or losing out financially you really do not have a concern as far as the law is generally concerned.

I'm definitely losing out financially, as are pretty much all musicians. For example, regarding live streams (1 CHF = 1 USD roughly) : https://www.suisa.ch/fileadmin/user...streams_Lizenzbedingungen2017_V3_EN_final.pdf

IMHO you are overthinking this. With everybody having smart phone photos and videos.
I have more PIX of me on Face Book than I care to see but cannot control.

Subjects of pictures do not own a copyright the way composers do though

We visited your country last year. Beautiful, great transportation but the food is
very expensive!!! Why??? lol

Everything is expensive, even more so in my area. High income, higher cost of living - on the bright side whatever we can save is worth a lot abroad.

 

[LBS-bass]

Hey, I'd like to discuss something that's been on my mind for a while

I'm regularly seing videos of myself playing pop up in my social media feed. While it is flattering it doesn't seem to occur to people to ask authors and performers for consent.

Now if someone's recording for a souvenir, to show their partner or friend who couldn't come - no problem. If they're recording to send it to the band so they can potentially use footage for promotional material - even better (that's something I sometimes do when attending friends' gigs).
If they're an excited audience member sharing a live or recorded video of a show on their private Facebook account - that's still understandable and somewhat helpful for exposure (although technically not allowed).

Where it's starting to bug me is friends sharing clips of private improvisation sessions (at which I might be playing a style or an instrument I'm not that comfortable with), or when a venue uses footage for promotion. Without asking, which seems like such an easy thing to do.

Am I overthinking this? What's your experience and under what circumstances would you tick?

I wouldn't be thrilled to see footage of me playing really poorly online, but I don't think there's much I can do about it, other than practice and choose what I do in public a little more wisely. As was mentioned above, a public performer doesn't have a reasonable expectation of privacy, and you'd spend a lot of money trying to block these thing through legal channels with little hope of success. What I try to do is surround myself with good players so that what I do in public runs less risk of embarrassing me. If I am throwing out decent performances, I am happy to see them shared.