<p>This is one of those questions that comes up all the time. In fact, it is in almost all cases, illegal to record a production. Tams-Witmark and MTI forbid any reproduction: </p>
<p>“a. Recording: This license does not grant you the right to make, use and/or distribute a mechanical recording (rehearsal, performance or otherwise) of the Play or any portion of it by any means whatsoever, including, but not limited to, audiocassette, videotape, film, CD, DVD and other digital sequencing.” </p>
<p>There is similar language in the Tams-Witmark agreement. Samuel French offers you the ability to apply for recording/reproduction rights, but it is rare an agent will agree to that recording. Dramatists Play Service outright says you may not record the production. There are no exceptions for archival work. There are usually small exceptions for recordings to be used in advertising. But even that is normally severely limited. </p>
<p>I have never known where the “archival exception” came into play. It seems to me to be an urban legend. Many theatres do this, many more schools do this. In the vast majority of cases, it is simply not legal. </p>
<p>The issue here is that the publisher only controls the rights to the live stage performance. All other rights are still held by the author’s agent (noted on the copyright page.) Even if the right’s holder sympathizes with your reasons for taping, the way the copyright law is written, there is no wiggle room. The law does not differentiate between a tape used for archival purposes or one being sold in the lobby as a keepsake. </p>
<p>Playwrights are protective of their work and do not want a production to be shown that does not reflect their intent. This would have the potential to diminish the work.</p>
<p>Youtube is filled with this stuff. And as an artist it makes me quite sad to see people hurt other artists. Many of these students will one day be actively and angrily be trying to keep their work under their control. Use of their image, work as actors, vocal work, will all be sources of income for them and will also be being used illegally. </p>
<p>I cannot tell you how many times I’ve quietly questioned a student who has stolen a song or piece of sheet music and asked them how they will feel when students will one day be stealing their work and taking income from them. I know, the archival copy doesn’t seek to hurt artist’s incomes. And neither does the DVD you have from the high school production of the musical number in Act II that you’ll watch in 20 years and laugh at. But the original question was “is it legal?” No, it isn’t (in the VAST majority of cases.) </p>
<p>Sorry for the long post.</p>