The Audiovisual Broadcast of Performing Arts: From the Stage to the Screen—Legal Issues

This contribution focuses on legal issues raised by the audiovisual broadcasting of performing arts, which has significantly increased due to the SARS-CoV-2 pandemic. First, we contextualize this practice and briefly present the emergence and evolution of the practice of “filmed theater”, as well as any other form of performances (e.g., concert, ballet, opera) originally conceived for the stage but subsequently diffused through other channels. Secondly, we address the current legal issues that have arisen because of the increase of such practice due to the containment measures taken by government. Two axes are of particular attention: the matter of copyrights and related rights, on the one hand, and the question of public financing, on the other. Concerning intellectual property, audiovisual broadcasting leads to several legal consequences and issues: effectiveness of related rights, emergence of new modes of exploitation and new authors, recognition of the recording as an original work, etc. This new practice is, moreover, likely to disrupt the categories established by public funding legal mechanisms, which are often poorly adapted to hybrid artistic objects. The objective of this part is therefore to analyze the new legal issues raised by the audiovisual distribution of performances. Finally, we go beyond exclusively legal issues to examine the very specificities of performing arts and, more specifically, the possible loss that would result from a fixation of a production on a reproducible medium, making its diffusion possible beyond the stage.