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.
implies that all photography, video recordings, and audio
recordings of Barefoot Hawaiian performances are the
intellectual and corporate property of the Barefoot
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 can not authorize the release of a photograph or
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.
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
on this page are additional details of this policy and the
special provisions for public or 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
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.
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
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.
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
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.