UNION POSITIONS ON ARCHIVAL RECORDINGS

Below we have collected the pertinent sections of union agreements that stipulate how archival recordings of performance can be used.

If there is any force (other than lack of interest) preventing videocan from achieving its goals of sharing Canadian performances more broadly, it is these policies. And while we respect their intentions to protect the labour of artists, we think that more nuanced relationships with archival material need to be cultivated in this country.

videocan is currently researching how these agreements restrict educational use of video documentation in Canada. For more information about our research, check out our research page.

Canadian Theatre Agreement

(pg. 80) https://www.caea.com/Portals/0/Documents/Theatre/2015-2018CTA-MaterialTerms-FINAL.pdf

“47:02 Declared Use

It is understood that recorded material may be used by the theatre in relation to a production, in whole or in part, for the purpose of:
…

D) Archives for Retaining a Permanent and Definitive Record of the Production, and Preserving the History of Canadian Theatre

Such a recording must be captured from a regularly scheduled public performance of the production or of a workshop activity; no additional rehearsals are permitted to facilitate the recording. The resulting recorded material may not be edited and must be marred to indicate its use, e.g. the title “ARCHIVAL RECORDING; NOT FOR DISTRIBUTION” generated throughout. The Theatre guarantees that the recorded material, which may not be copied, will remain under its control for archival purposes and may only be viewed in private for reference purposes or as a teaching or rehearsal aid for the benefit of Artists or management, except as provided for in Clause 47:02(E). Under no circumstances shall a Theatre give an Artist a copy of an archival recording prior to rehearsal. There must be no public viewing of the recorded material.”

Independent Theatre Agreement

(pg. 83) https://www.caea.com/Portals/0/Documents/Theatre/ITA.pdf

”(D) Archives for Retaining a Permanent and Definitive Record of the Production, and Preserving the History of Canadian Theatre

Such a recording must be captured from a regularly scheduled public performance of the production or of a workshop activity; no additional rehearsals are permitted to facilitate the recording. The resulting recorded material may not be edited and must be marred to indicate its use, e.g. the title “ARCHIVAL RECORDING; NOT FOR DISTRIBUTION” generated throughout. The Theatre guarantees that the recorded material, which may not be copied, will remain under its control for archival purposes and may only be viewed in private for reference purposes or as a teaching or rehearsal aid for the benefit of Artists or management, except as provided for in Clause 47:02(E). Under no circumstances shall a Theatre give an Artist a copy of an archival recording prior to rehearsal. There must be no public viewing of the recorded material.”

Dance Opera Theatre (pg 18)

https://www.caea.com/Portals/0/Documents/Dance/DOT.pdf

“C) Archival

Recordings may be retained by the Engager for archival purposes and may only be viewed in private for the Engager’s reference purposes. During allowable rehearsal hours, the Engager may call an Artist for purposes of viewing a recording retained for archival purposes. The Engager will not under any circumstances give an Artist who was not involved in that production/activity a copy of a recording retained for archival purposes in order to learn the material.”

Artists’ Collective Policy

https://www.caea.com/Portals/0/Documents/Theatre/ArtistsCollectivePolicy.pdf

“4. RECORDINGS

Audio and visual recordings and still images may be used for archival, publicity, or promotional purposes. Any further use of recordings is prohibited without the written permission of Equity, and subject to any conditions which Equity may require for such usage.

The Collective is responsible for the control and use of all recorded material and must use best efforts to ensure that the material cannot be copied or downloaded.

Collective members must be given twenty-four (24) hours notice prior to any recording. No artist is obligated to participate.

…

(C) Use of Recordings by an Artist

With the consent of all members in the collective, a member of the collective may use recorded material for his/her own individual souvenir or personal use.”

INDIE 2.2

(pg. 11) https://www.caea.com/Portals/0/Documents/Theatre/INDIE22.pdf

“17. WHATCANWERECORDANDPHOTOGRAPH?

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(C) Archival Recordings

A recording of the production may be made for archival purposes without payment to the Artist under the following terms and conditions:

(i) All Artists must receive a minimum of twenty-four (24) hours written notice that a recording is to be made; and

(ii) No additional rehearsals will be allowed in order to facilitate the recording which must be made from the public performance without any changes; and

(iii) The resulting recording must not be edited for any purpose and may not be copied; and

(iv) The recording must only be used for archival purposes and may only be played back in private for reference purposes or as a teaching or rehearsal aid for the benefit of performers or management. Under no circumstances shall the Theatre give an Artist a copy of an archival recording prior to rehearsal. The Theatre shall guarantee that the recording shall remain under its control and is not to be broadcast, distributed or used in a commercial context. There must be no public replay of the recording.

(D) Other

Except as provided herein, any other recordings or broadcasts of the production(s) for which the Artist is engaged are prohibited unless the Theatre has obtained the advance written permission of Equity, and no Artist may participate in such a recording or broadcast unless said written permission has been obtained. The Theatre agrees to abide by such terms and conditions as Equity may require in granting permission.”