Photography and Recording Policy

Why This Policy

The recent popularity and use of digital cameras and camera cell telephones and recording devices combined with the ease at which image publishing on the world wide web has become available is creating a serious and ever growing problem that may have legal consequences to the photographer.  These can include invasion of privacy, copyright infringement, theft of intellectual and corporate property, and even criminal charges.

To anyone photographing or recording a Barefoot Hawaiian performance, know that it is illegal to distribute, sell, or publish in any way (this includes posting on a web site) a photographic image or equivalent likeness or a recording of any individual without that person's consent and/or without a written release.  In the case of children, consent and release must come from a parent. Moreover, publishing an image of a minor without permission may be examined as possible child exploitation, an accusation with serious consequences.  Only official press is exempt, under the 1st amendment right of the U.S. Constitution.  All other individuals and organizations are not.

In compliance, the Barefoot Hawaiian has a strict policy regarding the taking and publishing of photographs and video and any recording at any event, show, exhibition, or performance.  This policy is designed not only to protect the property of the Barefoot Hawaiian, but it exists also to protect the public, guests, and clients from engaging in an activity that may have legal consequences.  It is also designed to protect the rights and privacy of our performers.

Anyone with intentions to photograph or video record a Barefoot Hawaiian performance, or who has already done so, is required to become familiar with this policy and abide by it.

General Policy Statement

The Barefoot Hawaiian Incorporated is a professional performing arts company.  The Barefoot Hawaiian has in its cast professional entertainers in the performing arts.  This means that the Barefoot Hawaiian Incorporated and it's professional entertainers have specific legal rights rights that pertain because of their profession.  Additionally, Barefoot Hawaiian costumes, routines, choreography, and musical compositions may be unique and, in some cases, recognized trademarks or service marks or copyrighted materials of the Barefoot Hawaiian, making them corporate and intellectual property.

This implies that all photography, video recordings, and audio recordings of Barefoot Hawaiian performances are the intellectual and corporate property of the Barefoot Hawaiian Incorporated. 

Additionally, photography, video recordings, and audio recordings of Barefoot Hawaiian professional performers are implied to be professional property of the performers.  Every performer, however, whether professional or non-professional, signs with the Barefoot Hawaiian, a right-to-use waiver and an exclusivity agreement.  In the case of minors, parents or legal guardians sign these waivers and agreements.  Thus, the Barefoot Hawaiian Incorporated owns the exclusive rights to use, publish, and release any and all photography and recordings taken of any performance and performer while entertaining for the Barefoot Hawaiian.

The Barefoot Hawaiian therefore legally owns any and all photography, video recordings, and audio recordings made or taken of a performer or performance regardless of who took the photograph or recorded the video or audio.  Moreover, no performer may authorize the release of a photograph or recording.  Only an officer of Barefoot Hawaiian Incorporated can authorize the release of a photograph or recording or authorize a license to use it.

It is the policy of the Barefoot Hawaiian not to provide a release or a license to use a photograph or photographs.  It is policy that all photographs of Barefoot Hawaiian performers while performing are not published on any media not owned or operated by the Barefoot Hawaiian Incorporated.  There is only one exception for such a request that the Barefoot Hawaiian will usually honor.  A client may request to publish performer photos in their own publications for the purpose of promoting an upcoming Barefoot Hawaiian performance.  In this instance, the Barefoot Hawaiian must review and approve the exact photos to be published.

The Barefoot Hawaiian has approved photographers and camera operators for photographing and video recording its shows.  These persons are trained in what is acceptable and approved photography.  Professional or amateur photographers interested in photographing a show must obtain permission to do so in advance before engaging in the activity

Following on this page are additional details of this policy and the special provisions for public or private shows.

Private Shows

Private shows are those shows not performed for or opened to the general public.  If your show is not listed on our public show event schedule, then you may consider yours a private performance.

One of the privileges clients have when purchasing a private performance is the right to take photographs and video for personal use and for mementoes of their event. This right extends to guests of the client that are in attendance or professional photographers the client has hired for the event.  Only our professional performers work private events and they understand this policy.  

Publishing photography or video recordings is strictly prohibited.  This includes posting on the public internet, printing on publications available to the general public, or recording to compact disk (CD) or Digital Video Disk (DVD) for distribution to the public.

Private and restricted publications are permitted.  This includes company newsletters, a private intranet, a virtual private network (VPN), and private bulletin boards (paper or electronic).  It also includes restricted access web sites on the Internet.  An example would be a show for a wedding where a professional photographer was hired to take pictures and he is presenting and selling his photographs via the internet.  He is permitted to do so only to the guests in attendance and only if access to the web site is restricted to the guests with a special login or private URL.

Under the terms of the above, private show clients are permitted without prior written permission to photograph and video record a Barefoot Hawaiian show for personal and private use.  The client is responsible to ensure all its guests comply with the policy that such cannot be sold, distributed, or published to the public.

Clients requiring publication of the performance (such as for television, film, DVD, advertisement, public relations) must advise the Barefoot Hawaiian at the time of initial inquiry.  The contract between the client and the Barefoot Hawaiian will then include a photography and/or video waiver and release.  

Public Shows

The publishing of any photography taken at any public performance is strictly prohibited.  This includes the publishing of images on the world wide web, Internet, Intranet, and in print publications.  Absolutely no photograph may be sold or distributed.

The taking of photography by a professional, semi-professional, or amateur photographer, whether it be for trade or for hobby, for any reason other than personal souvenir value is strictly prohibited.  The taking of a large number of photographs is considered outside the purpose of souvenir reasons and is prohibited.

The taking of photographs at a public performance by individuals for souvenir value and for personal use only is permitted without permission.  The publication of any such photograph is however prohibited.

The video recording of any public performance regardless of the reason is strictly prohibited.

Press and Media

The Barefoot Hawaiian fully recognizes the first amendment rights and privileges granted to official press and observes that the above does not apply to them.  All press, media photographers, and camera operators must be wearing their press identification badges when in attendance at our public shows.