Daniel,

This is an important topic that I've wanted to better understand.

One thing in particular I'd like to know is if there is a difference between videotaping performances that take place in an enclosed place such as a theater or dance venue, and performances that take place outside - site-specific works or art installations.

I would never think of videotaping a performance that takes place inside without permission. But it seems like there is a difference when a performance/installation is outside and anybody could see it. I shot under 3 minutes of video of the "Slow Dancing" exhibition at Lincoln Center - and emailed them to tell them that I posted the video. So I assume that was alright to do.

But come to think about it, I probably wouldn't shoot video of a live performance that takes place outside without first getting permission. Here's a video I shot of Dance Exchange's "Pas de Dirt" outside of Building Museum in DC, for which I first got permission.

It is an interesting question. Like Doug I would not tape an indoor performance without asking. I also would not use the video to make money or without the proper credit or link back to a website of the maker if they had one. I also think of things like did the performer ask for there to be no taping as is sometimes done in a theater and does that assume that there are some rights given up if it is not stated. If someone were to tape me dancing a piece for my site and put it on their site would I mind? I could always ask them to take it down if I did. Videos on youtube, do they help or hinder the copyright holder? These things did cross my mind as I was taping. I would assume there is some legal argument to be made for taping or not taping but then what about the audience members and people who were unaware that there was a performance going on who were in the shot does one need permission from them as well. I think it comes down to making money and using someone's image. Where does my art begin if I am using your art? If I alter it, enough, does it become mine alone? I have no answers, just questions. Let's ask the lawyers on the site.

I have recently posted videos by artists other than myself, but whose work my company presented and under whose auspices the work was originally produced. That does not mean that the works belong to the company. These are all works that were performed and taped in the late 1980s, so my assumption (I am not in contact with either of these people and thus did not ask them) was that they would like their work to be seen. Again, nobody is making any money on this and if anything it might alert more people to their work.

We are still in the embryonic stages of video on the web and I just like being able to see dances that I would not otherwise see at all.