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06 July 2011

Ask MeCha - etiquette edition [More:]So last Saturday I was playing in a classical concert, locally. The conductor is a friend of mine and has a bit of an ego (it goes with the territory with conductors). Yesterday he posted a video of the orchestra on Facebook/Youtube, to show his mother who wasn't at the concert (so he said). I had no idea at the time that the video was being taken, and I don't think the other players did either.

Now we're all amateur players and none of us makes a living at music. But am I out of line to object to being filmed without my consent? I was tempted to tell the conductor straight away that I'd appreciate being asked first, next time. I'd be unlikely to object, I don't think, but I didn't like the element of surprise. I think it was filmed on someone's phone, and it mostly shows him but some players are visible too.

How would you react in a similar situation? I haven't said anything yet and I find I'm questioning whether my reaction is appropriate or excessive.
If he was using the video in a commercial way, then yes, he'd need your consent. Or (maybe) if it was in a private space. If it was a public performance and he's not making money from it, then no, he doesn't need your permission. But it would probably have been nice of him to say video was being shot, if he knew it was happening at the time.
posted by BoringPostcards 06 July | 06:26
I'm pretty sure he was within his legal rights to film us (he won't be using it for direct financial gain, though he is certainly using it for general self-promotion) - but that's not what's bothering me. I just feel it would have been courteous to tell us in advance, or even ask permission.
posted by altolinguistic 06 July | 07:17
That would definitely have been the polite way to go.
posted by BoringPostcards 06 July | 07:33
Maybe he didn't know in advance? He wasn't the one filming, after all.
posted by ThePinkSuperhero 06 July | 07:37
I hadn't thought of that, TPS. I think his girlfriend filmed it, though (based on the camera angle).
posted by altolinguistic 06 July | 07:45
If he knew it would have been nice to tell you, but as it was a public performance permission wasn't required. I make short videos of groups playing locally all the time on my little point-and-shoot camera, and I occasionally upload them to Facebook or my Vimeo page. If the song gets messed up in some way I don't upload it, because I do it to help share their talents, not to embarrass them or make them look bad. I assume if he has an ego then he didn't upload a video of you playing poorly as it would reflect poorly on him.
posted by terrapin 06 July | 09:14
If it bothers you, it bothers you. You can certainly give him a quick "Hey, the video looks great. I'd love a heads-up beforehand the next time you're going to film us!" note. I don't think what he did was rude, but I also don't think it's rude to ask for notice next time.
posted by occhiblu 06 July | 09:47
It bothers you, so I'd say something. It doesn't sound like he was thinking about anybody else, so it could wake him up a bit to the concerns of other people. But would knowing in advance that you were being filmed make you more self conscious?
I dislike being filmed and photographed but I'm trying to get over it since it's so ubiquitous these days. Still, my instant reaction is to try and avoid it.
Just a quick aside that you would like a heads up should it happen again if that would help things, but if you don't want to be filmed at all, let him know.
posted by ethylene 06 July | 10:20
These days, pretty much anything of a performance nature is likely to be recorded by somebody, or several somebodies. I prefer not to be filmed or photographed without my knowledge or consent, but I think it's a bit of a lost battle. I'd address this lightly, as in "Conductor, if I'd known we were going to be on Youtube, I'd have put on m a better suit; how about a little notice next time?"
posted by theora55 06 July | 11:05
It is not something I personally care about either way, but what I have picked up from many amateur and semi-professional musical performances that it is absolutely standard etiquette to get consent from the performers to make an audio or video recording of a performance, even if it is solely for private use. Making such a recording and posting it publicly without getting the performers' consent would be considered a fairly major faux pas amongst most of the musicians I've worked with, including amateurs.
posted by chrismear 06 July | 15:33
(For context: it's the UK classical music scene I have experience of.)
posted by chrismear 06 July | 15:36
He was rude to post without first mentioning it or discussing it with orchestra members.

In terms of etiquette, I'd let it go. Unless he uses your image without your permission for profit (which might give rise to a legal cause of action) being photographed in public places by people who are very likely to post said photos is pretty much an ubiquitous part of life these days.
posted by bearwife 06 July | 15:49
Now you know how Lars feels.
posted by Ardiril 06 July | 15:55
With camera phones, you can pretty much count on anything being taped and put up on the net. Let it go.
posted by Doohickie 06 July | 22:22
What makes this slightly different, for me, is that the conductor himself posted it, which makes it feel a bit more like an official video. That doesn't seem the same as a random audience member posting it.
posted by occhiblu 06 July | 22:57
You are right, occhiblu, and that's why it is indeed rude. But I'd still let it go.
posted by bearwife 06 July | 23:27
I'm late to the game but as far as I recall from my Ethics course in college. He is in the right to use the recording. But morally he should have asked permission. OTOH you can certainly mention it and request that he let's you know in the future. At the very least you should get a copy that you can use any way that you would like. Explain to him (if it wouldn't get you too much static) that the video was so good, you would like to use it as well. If he doesn't like the idea, then he is possibly going to use it, in a restrictive sense, for his own monetary enrichment. In this case you may have a case that he needs your signed release to use it at all.

IANAL.

But give it a shot.
posted by Splunge 07 July | 00:17
chrismear: yes, I'm in the UK and you see where I'm coming from (it sounds like we move in similar spheres). The conductor is being disingenuous - he's definitely using this for self-promotion, and has put the name of the orchestra in professional-looking lettering over the start of the video.

Having said that, I don't mind that he's using this for self-promotion or for whatever reason, I just felt we should have been asked in advance. I'll probably just let it go. I have, however, commented on the video that if I had known in advance that we were to be filmed, I'd have put more lipstick on :)
posted by altolinguistic 07 July | 04:46
Now you know how Lars feels.

I don't understand.
posted by altolinguistic 07 July | 04:47
some people have a lot of time on their hands || Gorgeous B&W photos of modern architecture, by Ezra Stoller.

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