Performing literary and dramatic works
Students may perform literary and dramatic works to a school audience (other students, teachers, and trustees). But students may not perform literary or dramatic works to a public audience (anyone who is not directly connected the school, including parents) without first obtaining permission from the copyright owner or a licensing agency. See What is copyright?
For a definition of a "literary work" or "dramatic work", see What is copyright?
The Copyright Act does not permit the adaptation of literary or dramatic works without the copyright owner's permission.
Performing musical works
For a definition of a musical work, see What is copyright?
Students may play musical works in class from scores that have been purchased or legally copied. Students may also perform musical works to a school audience (other students, teachers, and trustees). But students may not perform musical works to a public audience (anyone who is not directly connected the school, including parents) without first obtaining permission from the copyright owner or a licensing agency.
Note that playing a musical work learnt by ear or learnt by heart also comes under these rules.
The Copyright Act does not permit the adaptation of musical works without the copyright owner's permission.
Recording performances
School performances
You may record a student performance for educational or instructional purposes, and for examination purposes. But the recordings may not be used or played outside the school or for any other purpose.
Public performances
When recording a performance of any kind, it is necessary to obtain permission from the owner of copyright in any literary, dramatic, musical and artistic works included in the performance, and any sound recordings played during the performance, and to obtain the performers' consent to record their performance.
Follow licence or contract terms when you are recording a public performance of a work for which you are paying licence fees to perform (such as a musical or play). Contracts generally contain clear conditions relating to taking stills and video and/or sound recordings. Most contracts allow taking short clips or stills for marketing and publicity purposes, and recordings of longer segments for private archival purposes. If you wish to make recordings and/or stills for participating students, you need to negotiate that with the copyright owner/agency.
Note that contract conditions often prohibit the audience from taking photos or video and/or sound recordings of performances, so your school would need to make audiences aware of this.
Performers' rights
The Copyright Act gives performers the exclusive right to give consent for the recording of a substantial part of their performance, other than for private or domestic use, or for a live transmission of a performance.
It is therefore necessary to get permission from the performers if you wish to record their performance, including from your students.
The Copyright Act provides, however, that performers' rights are not infringed if you copy a recording of their performance to prepare for, or use in, a lesson on how to make film or film sound-tracks, or for language teaching, or for a lesson conducted by correspondence. Students also have this right.
If you plan to copy or distribute recordings in any other way, you need the performer's consent and you also need the consent of the owners of any underlying copyright works.
Licences
