I worked on a production of “Touch The Names” at The Cleveland Play House that was given a live radio broadcast on WCPN on memorial day and all those actors were members of Actors Equity. So it certainly can be done.

First I would add that most contracts allow for archival recordings to be created, this is especially true of original works for theatre. So performances are rarely lost forever, at least the ones that are new works. Most of the original productions I’ve worked on have had some type of archival taping. In fact I’m pretty sure the NYC library has a spot you can go and view the archival video tape of many shows. I’ve never been there or really read up on what shows are in the archive and how you go about doing that, but I know that I’ve worked with people on productions of shows that have talked about viewing a video recording of shows at the library in NYC. Unfortunately I don’t know any more details than that.

While Equity’s rules certainly are fairly restrictive, let’s not lump all the blame on them. The rights holders of the plays themselves also heavily restrict the ability to record any of the performance. Typically only very brief segments of a show can be recorded and shown or broadcast and only for publicity purposes. An archival tape is also usually allowed, but not always. So it’s not just the actor’s union that throws up legal barriers in this manner.

Then there is us lowly designers and technicians. While many of us don’t have clear, spelled out rights regarding the recording of a show in our contracts, I know that at least personally I would expect to be additionally compensated in some way for the use of my work if it was to be broadcast and/or sold for later viewing. The designers and technicians would likely be the first to get shafted by producers I’m sure, we’re just lucky in that other more powerful unions stop the recordings for us so we don’t really worry about it too much. But I’m sure if started to become common place, then new rules would become the norm.

I know that stage hands involved in recorded performances in venues that are often recording (like the Met Opera) get additional pay for the recorded performance, which seems fair.

My main point here is that there is a lot more involved than simply getting the actors union to agree in order for performances to be recorded and broadcast or sold on DVD, or whatever the case might be. It’s a lot of work is the main issues and to do it well requires a lot of extra technical knowledge, equipment and man power. Any dope could set up a modest digital video camera in the back of the house and tape the show, but that’s not good enough quality to sell copies or broadcast. At least not in my opinion, and I would certainly be very angry if my sound designs that I spent hours working on were presented in that fashion. So to do it right requires a lot of extra work to capture the audio adequately, and video often requires different lighting than what looks good to us as a live audience member. Again I’m not saying it’s impossible, just saying it’s a LOT of work, and that extra manpower costs money!

I think over all it’s a good idea mind you. I just wanted to point out the many barriers that keep producers from doing this more often.