An issue that comes up more and more these days when hiring a speaker is that of “electronic transcription,” or simply put, making a recording of a presentation. Meeting planners and speakers both complain about this issue, and a big part of the problem is a lack of communication. Now, I am not an intellectual property lawyer; I am, however, a speaker, publisher, and former union musician. So here goes.

1. When asking for permission to record, be specific as to the scope of your use.
Back when I played in union orchestras, recordings were prohibited by default, but folks who hired us could always get permission to record a concert for no extra payment as long as it was only for “archival and study purposes” - or, in other words, for in-house use, and not to be broadcast or sold.

So if you wish to record a speaker’s presentation, don’t just ask to “record it.” On the day you inquire about the speaker’s availability, tell the speaker why you would like to record him or her, and who will see the recording. You aren’t really asking for permission to record the show; you’re asking for limited permission to extend the use of the speaker’s intellectual property. If you just want to have the CFO see the show when he gets back from Hong Kong, so what? However, if you want to post the whole thing on your website for the world to see, or if you want to include the speaker’s entire presentation as a bonus DVD for your attendees, that’s a very different use and a very different value - and, therefore, a very different fee.

Most event owners are seeking a small use, but if you don’t specify any limits on your intended use, a speaker must assume the worst. He or she will then likely either refuse outright or charge the worst-case, sky-high fee to cover all the possibilities. The burden is on you, the event manager, to make your limited use clear. The less you ask for, the less resistance you will encounter, and the less you will have to pay. Just be sure to spell it all out on paper.

2. Have a clear “iPhone policy.”
No matter what you and your presenter agree to, we live in a mobile world. Many audience members will just assume they can record anything and everything. Don’t put your presenter in the position of having to play policeman. Be proactive about your recording policies, and politely tell your attendees to not record a presenter if the presenter does not wish to be recorded.

Of course, bootleg recordings will happen anyway. Remind your presenter that the quality of such recordings, especially of audio at a distance, is usually so bad that these files are of little value to anyone. One  potential compromise might involve a “summation” video session to be taken at the end of the presentation, so everyone in the audience can have that video on their phones and not have to take notes. This also doubles as a great opportunity to get a promo piece of yourself on everyone’s Facebook Newsfeed.

3. Know whether your recording may provide value to your speaker.
When you talk to your speaker about recording, whether you know it or not, you are also having a discussion about his or her marketing model. More often than not, you’ll find he or she doesn’t have one, or if a model is in place, it’s an antiquated one based on the idea that folks will pay to watch a recording of his or her presentation, when most of the time no one has any interest at all.

There are many instances in which a free recording is a tremendous marketing tool for a speaker. Many performers do not understand the importance of a media presence. It’s easy to think audiences are logical and come to a presentation for the content. Here’s a little factoid: the most popular tourist site in all of Boston is not one of the historical sites; it’s the front of the Cheers bar. Why? Because people saw it on television, and now they want to see it in person. So when you talk to a speaker who perhaps does not understand “free electronic transcription distribution,” there’s a little arrow for your negotiating quiver.

When you discuss recordings with your speaker, be sure to point out how the recording will serve his or her marketing and promotional interests. Far from resistance or high fees, you may find an eager partner. The Grateful Dead encouraged fans to record their concerts and freely distribute those recordings. It made their live concerts even more popular.

Now, there are some speakers who have good reason to forbid recording. I know one guy who does the same 12-hour workshop over and over again. If it ever got out on YouTube, he’d be out of work. He’s a real anomaly, though. Dynamic speakers are always growing themselves, and their content changes with them. They’re selling their latest books and their next presentation, and their content is constantly shifting. They have a need for the promotion gained through the type of recordings you’re asking for.

The biggest mistake planners make when it comes to recording a speaker is failing to discuss the matter upfront. Springing a camera on a speaker at the last moment is not fair. Intellectual property rights should be respected, and if you address the issues calmly and professionally, everyone can come out ahead in the end.

Justin Locke is a speaker. He likes to share hilarious “behind-the-scenes” stories of his many years of playing the bass with the Boston Pops and unique insight into the management tricks of the many famous conductors he’s played for. He is the author of Real Men Don’t Rehearse (a humorous musical memoir) and Principles of Applied Stupidity (a look at unconventional wisdom in management). For more information, visit his website at www.justinlocke.com or his blog at justinlocke.typepad.com.