🎤 Can You Take Photos or Videos at a Concert? — Mapping Out the Rights Behind a Concert under Copyright Law 📸

This year, Taipei has been bustling with excitement. In addition to the long-awaited return of the lawyer’s idol, Ayumi Hamasaki—visiting Taiwan again after 17 years—along with Mayday’s 25th Anniversary World Tour, BLACKPINK’s return to the Kaohsiung World Games Stadium, TWICE’s first-ever concert in Taiwan, and a lineup of K-pop supergroups, Mandopop icons, and Western music megastars taking turns to bring world-class concerts onto the stage.

Every time you attend a concert, you might see people holding up their phones to take photos or videos, and many even share clips on IG or YouTube. But do you know that the copyrights involved in a concert are not limited to the singer. Behind every performance lies a complex, multi-layered intellectual property structure involving many different participants!

📚 What types of works and rights are involved in a concert?

1️⃣ Musical works (lyrics and composition)

✅ Rights holders: Lyricists, composers, record companies

📌 Scope of rights: Reproduction, public performance, public transmission, etc.

🎵 Even when the singer is performing, the original lyricist and composer retain their rights, and their works may not be used without permission.

2️⃣ Performance content (live performances by singers, musicians, dancers)

✅ Rights holders: The performers

📌 Scope of rights: Performers have independent copyright protection for their performances of existing works or traditional creations (Copyright Act Article 7-1). They have the right to have their live performances recorded via sound, video, or photography, as well as the right to public transmission. However, performers do not retain the rights of rental, distribution, or public transmission for official video recordings of the concert (such as DVD releases).

🎭 Because performers hold performance rights, you must not record concert clips or upload them online without their consent—doing so would infringe on their rights.

3️⃣ Sound recording / audiovisual works (official video productions)

✅ Rights holders: Record companies or production companies

📌 Scope of rights: Reproduction, distribution, and public transmission of the sound and audio.

4️⃣ Lighting, visuals, stage design, choreography

✅ Rights holders: Stage/visual designers, art staff, choreographers

📌 If the work is original, it may qualify as an artistic work, audiovisual work, or choreographic work under copyright law.

5️⃣ Moral rights (often overlooked but important)

✅ Rights holders: All creators and performers

📌 Includes:

• Right of disclosure – to decide whether to release the work publicly

• Right of attribution – to decide how to be credited

• Right to integrity – to prevent distortion, mutilation, or uses that harm the creator’s reputation

  
  

  🎯 Moral rights cannot be transferred. Even if filming permission is granted, this does not mean you can freely edit, remove credits, or publish the work without further consent.

  
  

🔑 Can the event organizer grant the audience permission to film or use the content?

Most organizers obtain the necessary rights from lyricists, composers, performers, and production teams through a “package license” in order to legally stage the performance. However, note:

⚠️ These licensing terms are usually part of internal contracts, and audiences typically cannot know the full scope or completeness of the rights obtained. Therefore, even if the organizer allows photography or filming, this DOES NOT necessarily mean the audience has full rights. You should still follow the “fair use” provisions (Copyright Act Articles 44–65) and avoid obvious infringements such as:

• Live streaming or recording the entire concert online

• Filming with professional cameras or drones

• Uploading large amounts of performance highlights to social media

• Using recordings for commercial purposes (which may also involve trademark infringement)

  
  

📌 So, can I take pictures? Can I upload them?

Audience members can follow these simple guidelines:

✅ Check on-site rules to see if photography/filming is permitted, and respect the organizer’s decision.

❌ Even with organizer approval, avoid full-length recording, live streaming, or uploading large amounts of footage.

✅ Avoid infringing moral rights: Do not distort, alter, or harm the performer’s image.⚖️ Assess whether your use falls within fair use, considering:

• Purpose (personal memento, commentary/reporting, sharing with friends, or commercial use?)

• Quantity & quality of the material used (are you uploading many key performance moments?)

• Impact on the potential market (e.g., selling unofficial merchandise, offering HD videos for download).

  
  

🔍 Conclusion

Watching a concert is about enjoyment, and taking photos or videos is about creating memories—but behind it all lies a complex network of intellectual property rights.

🎶 Respecting every creator’s and performer’s rights is the truest form of support for music and the arts.

📣 Want to learn more about legal issues in live music events, or need help drafting proper licensing statements and event terms of use? Feel free to send a message for discussion!

#ConcertPhotography #CopyrightLaw #FairUse #PerformanceRights #MusicWorks #OrganizerLicensing #FanGuidelines #CulturalLaw #IntellectualProperty #RightOfDisclosure #RightOfAttribution #ThinkBeforeYouUpload