Legally, any or physical or digital distribution of an audio recording of a musical performance, or distribution of a video with synchronized audio of a musical performance requires a license from the music's copyright holder or agent, whether you are selling the recordings or not. Distribution of a concert video recording would require a so-called synchronization license, which would typically be negotiated directly with the music publisher. If you're not planning to distribute any videos yourself, then you do not need a sync license. If the bands want to distribute the videos, then it's up to them to get licenses.

To record the performance, you need the performers' permission. To distribute an audio-visual recording of the performance, a license would need to be negotiated with the performers. These fall under performers' rights.

The event organizers will also need public performance licenses, which are typically obtained through performing rights organizations like ASCAP and BMI.

If you want to distribute videos yourself and these are small-time bands who are doing some of their own songs, you could try to negotiate directly with the bands and the songwriters/composers for the necessary licenses, with or without an exchange of money. They might grant free licenses just to get additional exposure. If the bands do covers of popular songs, I'd say to forget about trying to get sync licenses from the music publishers. Negotiation is time consuming and costly, and the license fees would likely be more than you're willing or able to pay.

If they are performing covers of popular songs, probably the best you can do is put it on YouTube and not monetize the video. You still might get a take-down notice from the music publisher, but that's probably the worst that would happen. No one is likely to sue if you haven't made any money distributing the videos.

@Peter123456 .. perhaps an alternative approach.

I have been in the same scenario several times, (and spent a lot of time and sometimes money with little return) and am about to shoot (parts?) of another charity concert with 10 bands .. 9 hours in duration.

One of the questions you should ask yourself is do you want to be in the business of selling DVD's or making videos for those that want to sell them.

I could tell you of the mistakes (In terms of cost and time) I have made previously .. 9 cameras, 5 manned and 4 unmanned .. then edit it.

This year, I am going with the same size crew as you, 3 statics and 2 manned cameras .. 2 GH2 and 2 EX1s .. and 1 to be decided.

I am shooting and editing a 3 minute promo for free, which the charity will be able to use as they fit.

I am offering each band the shooting component for $100 each. if they don't take the option, then I will only shoot enough of the performance to enable the promo.

I am also arranging for somebody else to record multitrack into protools via a split from the desk.

After the event if the bands want to, I will edit clips for $300-$500 per song, dependent on how many they want, or they can take their footage to make alternate arrangements, and possibly save themselves some money.

I am leaving up to the event organiser to get rights, if enough bands jump on board a DVD/Blueray is an option, I have suggested one song from each band .. if they like that option I will have to think about how much I will charge, as it's charity.

Regarding the covers, simplest solution is to not include them in a complete concert performance.

If was contemplating the full concert, I would be switching it live.

I am happy to answer any specific questions you may have.

@Peter123456 .. The event I am planning has a similar result.
With just over a week to go, I will shoot enough to do a short clip to enable promotion of the event next year (Gratis) and only one of the bands is committed enough .. it's a three piece hard rock band .. but on this occasion the are doing an acoustic set of their songs with out their drummer .. makes for a relaxing evening out for me :) .. 3 statics and 2 manned .. and hopefully somewhere between $500 and $1600 in post production.

I am glad that I was able to help

@peter123456

Should I get releases from the two performers and the venue, or is this overkill since I am not charging for it?

If your giving the footage to the performers, releases are not an issue. If your giving the footage to the promoter it's their issue.

Do I need to talk to the audio engineer beforehand to make sure I can get a feed from his mixer, or will he likely be fine with this when I request it on the day of the concert?

I think it's a good idea to speak to them, sometimes they are grumpy and under pressure on the day.

How are you dealing with audio?

If I can I record twice:
A stereo feed from desk into one of the cameras.
And, I record multitrack individually .. a channel direct from the desk into protools or into an Alesis 24 track (these can be hired very cheaply here $50).

Just a feed from the mixer, or also a mic on the speakers?

I don't record the speakers up close. I put a Roland R-26 up as a backup .. ususallly just behind or in front of the mixing desk.

How do you ensure that your camera will be up high enough to capture over the heads of the audience?

I hire staging (I intend to have some built) .. 4' x 6' carpeted .. 1 foot high. That gets the camera about 7'6"

Do you plan on white balancing with someone holding up a sheet of white paper on stage in the expected lighting before the start of the show?

Either that or tungsten preset, if the cameras are all the same. Generally the lights are up and down on dimmers with shifts in temperature. And if it's got colour .. balance on the ungelled lights or use the presets, it's mean't to be coloured

Would this be awkward to request?

Be there before the first act, even if it's not the one you are shooting .. easy enough to request as they focus lights on the microphones. Being nice to the lighting guy .. telling him how you like the looks of his setup .. explain your concerns about those super dark bits .. mostly they are kool with it .. promise them copies :) I always tell them that some white on the faces at all times makes it easier for me .. they always forget .. pray they don't plunge you into all red :)

I am considering putting some simple powder makeup on the performers. Do you think this is a good idea, or unecessary?

It's a good idea .. if you can coordinate it .. I've never bothered when it's live .. I try to be as inconspicuous and invisible as possible.

:)

Thanks for the great advice, @kavadni! Maybe you should write a book!

I'm hoping my Tascam DR03 (http://tascam.com/product/dr-03/) recorder will be okay recording the signal out of the mixer. Any idea on whether a typical mixer signal might be overpowered for my $100 flash recorder with 3.5mm line/mic input? Maybe I will need an attenuator? I do have an xlr to 3.5mm adapter already. Thanks, again.

On the topic of event multi camera performance.

This is switched live using mostly BMD equipment.
I shot with 5 cameras, 2 camera operators and a production assistant.

We shot over three days at one stage, there was 21.5 hours of performances, hour sets with a 15 minute changeover. I came back with 15.25 minutes of performance.

I feel that switching live is the key to making money in the performance event market, the post production on this should be no more than 4 hours per act.

I am uploading the first song of each act ungraded as it came from the switcher.
Recorded at DNxHD 1920 x 1980 50i, exported from Premier at a preset 10Mb/s for Vimeo. It will give me an idea on what to grade.

https://vimeo.com/album/2147164
(Four acts are there, more to come for those that are interested)

I am happy to answer any questions, any thoughts?

@kavadni I love live switched stuff. I know how difficult it is. Just a thought - on your third video, Paul Ubana Jones, I would have liked to have the voice and guitar sounding a lot closer, to match camera shots you had, rather than hearing quite a lot of PA sound from the room. I liked the shots however. I think I noticed it in this one in particular, because you had quite a few CU shots of him and the mic, and then when he sang, it wasn't the sound perspective I was expecting to hear. @Peter123456 I thought that was better - but almost too close. Sound is really crucial in these things (it's the point of doing it, after all).

I'd absolutely agree, though, that there's something really special about live stuff. It's the sense of occasion and the way you're hearing a performer, as they performed, warts and all.

@kavadni Serves them right for not booking you! The sound is still nice of course.

Although I agree with a lot of what has been said here about licenses and releases, I would add that copyright is a very complicated subject. For example, if you are releasing a cover of a well-known song, and the band makes an arrangement, then you have minimum two versions--after all, they may be incorporating previous arrangements or covers as well. If you add riffs, those technically belong to the originator, and so on. Riffs may even be mini-compositions. Basically, if you have questions about copyright you need to consult an expert, and even then experts don't always agree. Certainly what you don't want to do is assume that everything will be fine based on a casual verbal agreement.

For these reason, a lot of presenters have all the performers sign very broad releases that cover every imaginable distro scenario before they perform. If you are a performer you should read these very carefully, and cross out anything you don't want. Or don't even sign it if you don't want to--the wording of these releases are pretty artist unfriendly.

There is also the question of lyrics, logos, loops, software and so on. And each of these may have different layers of authorship and rights.

YouTube and other big players have a grey area where they sometimes sublicense on-the-spot. The question then is, are you buying the sub from the entity that owns it.

I shot a CD Launch with four bands on the bill, with an 2 EX1s, I operated one with a 1.6x doubler from 25metres and the second was a static wide (2m to my right) I gave it a 'mickey mouse' edit and a logo.

Gain was a +6db inpart to give myself some depth of field, it was dark. Neat video was applied in After Effects prior to editing in Media Composer.

I share this one mainly because the act is so cool,
he performed with a backing track, so the audio is actually his CD.