What you need to know about viral video and the law

tech-in-the-arts has released a publication looking at the legal issues around online video footage. Specifically concerned with arts marketing. This article raises some important issues about authorship, the public domain and the new social media landscape. Understandably the format is similar to that of an educational pamphlet and uses a combination of scenarios and diagrams to expand on issues surrounding video, copyright and artists contracts. Although the paper has a forward facing stance, first chronicling the industry complications with radio, then the effect video had on the Hollywood film industry, it seems to elude any potential levelling of the strict laws of the 20th century. Towards the end of the document a diagram basically suggests all who work in arts marketing to get as up to date with intellectual property law as possible and to refer to unions if in doubt. There is no massive pointer to any attempt at re-writing these out-dated forms of copyright laws, only a recognition of the constant threat of lawsuits hanging over any arts organisation of marketer who uses video inappropriately.

There is, however, some salvageable good in the concluding paragraphs:

In the first 10 years of the 21st century, we’ve seen technology profoundly change the entertainment industry, notably the music industry. Although mainstream musical artists are able to thrive without the record companies, it is doubtful that the performing arts as we know them would be able to survive without arts organizations. Performing art forms like theater, opera, and ballet, by nature, have needs that can only be fulfilled by a company that can bring performers and designers together and can provide them with performance space, sets, costumes, props, lights, and, of course, an audience, as well as the means to obtain these necessities through fundraising and marketing.

It is short-sighted not to see the success of the performers and other creators as intrinsically tied to the success of the arts organization. Performers and organizations both strive for the same goal: to bring high-quality art to audiences. With changes in technology comes a change in the way our audiences think about their relationship to art and how they want to experience it. The question is, will the performing arts industry change with its audiences?

There is obviously a recognition of the change that is happening, however I fear that the scope is so narrowly pointed at the 'audience' that they are missing the bigger picture. Many artists are using social media to perform much of the leg work that traditionally would have resided in the arts management's and organisation's realm. Musicians are producing straight to their audience, artists are forming collectives and finding spaces and funding through direct contact with their social networks and media. I can understand that this publication may well be directed to the already established arts organisations, but as a new generation of creatives look for a successful path, is it wise to feed them the same information?

What you need to know about viral video and the law