Comments on: Music Rights for Plays and Musicals http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/ Theatre, Film, Television, Music & New Media Sat, 24 Jul 2010 00:22:36 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Gordon Firemark http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-/#comment-614 Gordon Firemark Mon, 14 Sep 2009 22:20:34 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-614 <em>I note that you may be inquiring from outside the US... and must remind you that this blog addresses US Theatre Law only.</em> <blockquote>If you're incorporating pre-existing songs into your show, you must obtain the rights from the songwriters/publishers. While You MIGHT be able to find a producer/production company willing to do the legwork, it'll be much harder for you to sell the show if you don't have the music rights in place. You CAN register the copyright in the "book" portion of the show, but only those portions that are original with you can be protected.</blockquote> I note that you may be inquiring from outside the US… and must remind you that this blog addresses US Theatre Law only.

If you’re incorporating pre-existing songs into your show, you must obtain the rights from the songwriters/publishers. While You MIGHT be able to find a producer/production company willing to do the legwork, it’ll be much harder for you to sell the show if you don’t have the music rights in place.

You CAN register the copyright in the “book” portion of the show, but only those portions that are original with you can be protected.

]]> By: GORD http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-1/#comment-615 GORD Mon, 14 Sep 2009 20:56:06 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-615 HI THERE, MY QUESTION; AS AN AUTHOR OF A STORY(JUKEBOX MUSICAL), IS IT MY RESPONSIBILITY TO NEGOTIATE GRAND RIGHTS FOR THE USE OF MUSIC/LYRICS PRIOR TO COPYRIGHT OF THE STORY ITSELF, OR DOES THE PRODUCTION COMPANY INTERESTED IN PRODUCING THE PRODUCTION DO THIS? I GUESS WHAT I AM LOOKING FOR IS DIRECTION AS TO HOW TO START ONCE THE STORY HAS BEEN WRITTEN.....THANX HI THERE, MY QUESTION; AS AN AUTHOR OF A STORY(JUKEBOX
MUSICAL), IS IT MY RESPONSIBILITY TO NEGOTIATE GRAND RIGHTS
FOR THE USE OF MUSIC/LYRICS PRIOR TO COPYRIGHT OF THE
STORY ITSELF, OR DOES THE PRODUCTION COMPANY INTERESTED
IN PRODUCING THE PRODUCTION DO THIS? I GUESS WHAT I AM
LOOKING FOR IS DIRECTION AS TO HOW TO START ONCE THE STORY
HAS BEEN WRITTEN…..THANX

]]> By: Gordon Firemark http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-/#comment-617 Gordon Firemark Wed, 02 Sep 2009 21:10:12 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-617 I'll answer in greater detail by email, but the short answer is that you DO need to obtain rights for what you're doing, but getting production rights to "Annie" will NOT permit what you're proposing. Typically, a production license permits only a full, unedited production of the show AS WRITTEN (i.e., no cuts, or changes whatsoever)., So, You'll need to contact the publisher and negotiate a special license for the "Grand Rights" to the songs being used. Also, if you're using the CHARACTER of Little Orphan Annie, you will have to obtain those rights as well. I’ll answer in greater detail by email, but the short answer is that you DO need to obtain rights for what you’re doing, but getting production rights to “Annie” will NOT permit what you’re proposing.

Typically, a production license permits only a full, unedited production of the show AS WRITTEN (i.e., no cuts, or changes whatsoever)., So, You’ll need to contact the publisher and negotiate a special license for the “Grand Rights” to the songs being used. Also, if you’re using the CHARACTER of Little Orphan Annie, you will have to obtain those rights as well.

]]> By: SDM http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-1/#comment-616 SDM Wed, 02 Sep 2009 19:34:34 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-616 Hi There, I am teaching a several Musical Theater classes at a small dance school in Georgia. They are planning to use the character 'Annie' for an upcoming show and to perform song's from the musical, as well as possibly put in additional excerpts from the show. The musical Annie in it's entirety will not be performed but many facets of the show will be used... It's kind of a musical review with a storyline. So here is my question...Does the Director still need to purchase the rights to Annie in order to do this or is that only required if they are performing the show in it's entirety? Thanks, SDM Hi There,

I am teaching a several Musical Theater classes at a small dance school in Georgia. They are planning to use the character ‘Annie’ for an upcoming show and to perform song’s from the musical, as well as possibly put in additional excerpts from the show.

The musical Annie in it’s entirety will not be performed but many facets of the show will be used…

It’s kind of a musical review with a storyline. So here is my question…Does the Director still need to purchase the rights to Annie in order to do this or is that only required if they are performing the show in it’s entirety?

Thanks,
SDM

]]> By: Impressed http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-1/#comment-613 Impressed Fri, 21 Aug 2009 18:12:41 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-613 Gordon - I just want to commend you for providing this information to the public. I work for a publisher and handle licensing for stage and dance. Many new clients are uninformed about the process for acquiring music rights. Here you're providing clear information in an easy-to-understand way. This is helpful to new writer/producer/choreographers, and also, to the publishers with whom they must work! Gordon – I just want to commend you for providing this information to the public. I work for a publisher and handle licensing for stage and dance. Many new clients are uninformed about the process for acquiring music rights. Here you’re providing clear information in an easy-to-understand way. This is helpful to new writer/producer/choreographers, and also, to the publishers with whom they must work!

]]> By: Gordon Firemark http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-/#comment-612 Gordon Firemark Wed, 05 Aug 2009 16:45:17 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-612 Sean, The traditional royalty structure for a musical is that the authors get an aggregate of 6% of Gross Weekly Box Office Receipts. Usually, this is divided 2% for each of the Book, Music and Lyrics. Since pre-existing songs account for Music and Lyrics, they command a box-office royalty of 4%. BUT, many music publishers demand more, and the costs of a production can go very high, very quickly. That's why most so-called jukebox musicals feature songs from one songwriter/artist. Jersey Boys: 4 seasons Mama Mia!: Abba Smokey Joes: Lieber & Stoller Another issue is that music publishers may be wary of giving you long-term licenses until the show has some "legs", but you need those long term licenses in order to pull everything together and build up the show.... Help from an attorney who knows this stuff can be useful. Feel free to call me if you need it. Sean,

The traditional royalty structure for a musical is that the authors get an aggregate of 6% of Gross Weekly Box Office Receipts. Usually, this is divided 2% for each of the Book, Music and Lyrics. Since pre-existing songs account for Music and Lyrics, they command a box-office royalty of 4%.

BUT, many music publishers demand more, and the costs of a production can go very high, very quickly. That’s why most so-called jukebox musicals feature songs from one songwriter/artist.

Jersey Boys: 4 seasons
Mama Mia!: Abba
Smokey Joes: Lieber & Stoller

Another issue is that music publishers may be wary of giving you long-term licenses until the show has some “legs”, but you need those long term licenses in order to pull everything together and build up the show….

Help from an attorney who knows this stuff can be useful. Feel free to call me if you need it.

]]> By: Sean Grennan http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-1/#comment-611 Sean Grennan Wed, 05 Aug 2009 14:50:31 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-611 Hello there. I'm a playwright working on a "juke box" type musical. I understand that I'll need to obtain "Grand Rights" for it. Can you tell me what the typical percentage of the gross is for these rights? Hello there. I’m a playwright working on a “juke box” type musical. I understand that I’ll need to obtain “Grand Rights” for it. Can you tell me what the typical percentage of the gross is for these rights?

]]> By: Gordon Firemark http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-/#comment-597 Gordon Firemark Tue, 09 Jun 2009 19:40:43 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-597 <blockquote>Yes, you DO need to obtain a license. Presenting the show otherwise would amount to copyright infringement.</blockquote>

Yes, you DO need to obtain a license. Presenting the show otherwise would amount to copyright infringement.

]]> By: Matthew http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-1/#comment-596 Matthew Tue, 09 Jun 2009 18:13:20 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-596 Our church would like to put on Joseph and the amazing technicolor dream coat. We are not wanting to charge for the performance, as we are wanting to have two shows and have free admission. do we still need to purchase performing license through Rodgers and Hammerstein to do this? Our church would like to put on Joseph and the amazing technicolor dream coat. We are not wanting to charge for the performance, as we are wanting to have two shows and have free admission. do we still need to purchase performing license through Rodgers and Hammerstein to do this?

]]> By: Gordon Firemark http://firemark.com/2008/01/21/music-rights-for-plays-and-musicals/comment-page-/#comment-603 Gordon Firemark Thu, 14 May 2009 05:27:28 +0000 http://theatrelawyer.com/2008/01/21/music-rights-for-plays-and-musicals/#comment-603 <blockquote>I think doing what you propose would violate the terms of the license to perform the musical. If the publisher WERE to grant permission for use of recorded music, I daresay, they'd want you to use tracks that they provide. The use of karaoke CDs for such a show WOULD require special licenses, but only after you've cleared up the rights with the publisher of the play.</blockquote>

I think doing what you propose would violate the terms of the license to perform the musical. If the publisher WERE to grant permission for use of recorded music, I daresay, they’d want you to use tracks that they provide.

The use of karaoke CDs for such a show WOULD require special licenses, but only after you’ve cleared up the rights with the publisher of the play.

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