Fringe Marketing 101: Keepin' it Legal

KEEPING IT LEGAL 

We are not lawyers, so we are not able to give legal advice, but we wanted to provide some resources that may help you start your own research journey! Always consult a lawyer if you have any questions.

Reminder, just because Fringe is a non-profit organization and most shows that participate are low-budget (or free ticket) productions doesn’t mean copyright holders can’t claim infringement. You still need to make sure you have the rights to fulfill your vision.

For reference, all primary producers should be aware that there is a paragraph in the registration materials that requires you to assure that you own or otherwise have the rights to any and all intellectual property in your project, in the marketing materials as well as the production itself.  Your show’s content is ultimately your responsibility, and you should clear all materials (visuals, music, sound, script, promotional materials, printed and digital images, etc.) before anything goes to print or you perform on stage at HFF. Consult with your attorney if you have any questions. 

Below are some examples of issues that may need to be resolved or considered before your guide listing goes to print and tickets go on sale: 

• If you (or a team member) are not the writer on your HFF project, ensure you have the writer’s permission, OR have the rights to the published work you present at the festival. 

• You should have the rights to any imagery you use in promoting your HFF show (in the guide, on our website, and any other place you print or publish images) or within the show itself. Taking a photo off a website is likely problematic; please confirm it is copyright-free or obtain a license for the use.

• You should not use a likeness that may be protected or is otherwise subject to copyright (for example, part of an image that is slightly modified or re-created but still visibly similar to branding or an image that you do not own). 

• You should use copyright-free music, music that you (or a team member) wrote, music you have direct permission to use AND/OR music you have obtained a license for (each individual published song needs a license) before, after or during your show.

• Parodies (or even imagery/sound/catch phrases/costumes) that resemble a real person, group, company, or organization too closely may be legally problematic, so please consult an attorney to obtain a legal opinion before proceeding. 

• Public domain is a complex issue, so please consult an attorney and don’t make assumptions that material is free to use.   

There are many online resources, but AI or ChatGPT should not be considered reliable for advice. 

Additional Sources:

https://www.eyeem.com/blog/photo-copyright-101-is-it-legal-to-use-photos-from-the-internet

https://images.google.com/