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This Week’s Law and Video Podcast features a theatre question December 18, 2007

Posted by Gordon Firemark in : entertainment law , add a comment

Podcast Logo,On this week’s Law and Video Podcast I was asked a theatre-related music question:

Our community theater is producing a
Christmas show that will use other people’s songs.
What is the best way to find out who owns this classic
music? Many of them are religious hymns which, I
understand do not hold any copyrights. Please clear
this up?

This seems like a simple question, but it has layers.

First, if it’s just a christmas concert or pageant, where the songs are not part of telling the story… then it falls under the so-called “small” public performance rights which are administered by the Peforming Rights Societies ASCAP, BMI, and SESAC here in the US. other countries have other societies.

Now, all you need to do is contact these societies (both, unless you’re sure all the songs are in one- or the other’s catalog) (you can check that online) And obtain a basic license for your kind of performance. The fee will be based on the size of the venue, number of performances, and ticket price. Also, if it’s a nonprofit, the fee will be different than a for-profit venture.

Now, if the songs DO form an integral part of the story line of the show, we’re talking about something called “Grand Rights”, and you have to obtain written permission from each composer or publisher. Again, it’s easiest to start by visiting the ASCAP or BMI website and searching for the title of each song… that will give you the information about the publisher that administers the rights… then contact them, and negotiate a license….

OK, finally the issue about “classics” and religious hymns. First of all, there are plenty of “Classics” that are still protected by copyright. “White Christmas”, “The Christmas Song” etc., so you’d need permission for those. Also, just because something is a religious hymn, doesn’t mean it’s not protected… it really comes down to when it was written. Copyright protection lasts a long time. So each title requires some study. A good rule of thumb is that if the song was written prior to 1921, it is probably NOT protected. OTHERWISE, go through the whole analysis.

Obviously, this whole process takes time, so next year, start this process in September, OK?

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Support AB 1365 (Funding for the Arts) December 12, 2007

Posted by Gordon Firemark in : Law, art , add a comment

I don’t usually use this forum to air my political views, but sometimes, I feel an issue is important.

California spends approximately 3 cents per capita on support for the arts. This ranks California dead last among the states. The national average spending per capita is about $1.00. California’s position is simply shameful, expecially considering that the State ranks among the largest economies in the world, with entertainment (arts) as its largest export.

The California Assembly Appropriations Committee is currently considering AB 1365, which will rectify the situation. The new law, if passed, would require that 20% of state sales and use tax revenues derived from the sales of two specific retail categories pertaining to arts, crafts and music be deposited in the State Treasury for allocation to the California Art Council.

It is estimated that the 4.75% rate of sales and use tax on works of art amounts to $166 million per year. AB 1365 would transfer 20% of this amount, or $32 million from the state’s General Fund to the California Arts Council.

This is not a new tax; it is merely a designation for the spending of dollars the state is already collecting. It only applies to the state-level sales-tax. Counties’ and Cities’ portions of sales tax revenue would not be impacted.

Why I support AB 1365

  • California is in its third year spending three cents per capita from the general fund on the arts. AB 1365 will provide badly needed funding for the California Arts Council and in turn, it can provide programs that serve all Californians, not just for some.

  • California’s nonprofit arts sector alone provides $5.4 billion in economic activity annually, supporting more than 160,000 jobs and generating $300 million in local and state revenue. Increasing California’s investment in the nonprofit arts sector will create more jobs and generate more tax revenue.

  • The nonprofit arts community that the California Arts Council has nurtured over the years is a feeder to California’s creative industry. According to the Americans for the Arts Creative Industries Report (using reliable data from Dun & Bradstreet and geo-economic analysis), California is home to 86,534 arts-related businesses that employed 426,222 people in January 2007. These are California businesses; these are California jobs.

  • The arts attract new tourism dollars. Public support of cultural tourism plays a critical role in community revitalization as well as the surge in tourism, one of the fastest growing economic markets in the country today, with California leading the nation as the most visited state. Cultural travelers spend more money and stay longer at their destinations. These travelers spend an average of $38.05 per event in addition to the cost of admission – 75% percent more than their local counterparts – on event-related items such as meals, parking and retail sales. Local attendees spend $21.75 per person per event.

  • Cities throughout California have revived and rebuilt their downtowns by restoring old theaters, opening new store-front galleries and concert halls, and offering festivals and art walks that bring the community together in the downtown setting. Attendance at arts events generates related commerce for local businesses such as restaurants, parking garages, hotels and retail stores. By creating cultural hubs, nonprofit arts businessess help cities define themselves, draw toruists and attract investment.

  • Many arts organizations offer education and social service outreach programs to a variety of populations and agencies, such as: Youth at risk; homeless children; children with autism, diabetes and obesity; seniors; developmentally and physically disabled; Alzheimer’s and dementia patients; veterans with post traumatic stress disorder; hospitals and health care centers; parks and recreation centers; after school programs and underserved urban and rural communities.

  • Since 1977 the California Arts Council (CAC) has celebrated excellence in the arts. It has encouraged widespread public participation by supporting professional artists who work in all areas of the state, helping to build strong arts organizations at the local level, assisting with the professional development of arts leaders, promoting awareness of the value of the arts and directly supporting arts programs for children. CAC programs include Artists in the Schools, Poetry Outloud, American Masterpieces, Creating Public Value Through the Arts, California Arts Day, the California Poet Laureate and My California: Journeys by Great Writers.

  • The arts are vital to the quality of life that we are so very proud of in California. With the passage of AB 1365, the California Arts Council and its programs will make it possible to continue its significant contribution to California’s economic recovery through tourism, jobs, social services, education and arts for all.

    • How you can help

    Please consider supporting this important bill by faxing your letters of support to:

    Assemblywoman Betty Karnette (the Bill’s author) (916)319-2154
    Speaker Fabian Nunez (913)19-2146
    and,
    Your district’s Assembly member.

    You can also send your words of support electronically by visiting California Arts Advocates’ online Action Center

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    Strike Ends, Producers and City tally the costs. December 6, 2007

    Posted by Gordon Firemark in : Theatre law , add a comment

    As Stagehands returned to work and Broadway’s shows resumed performances after 19 days on strike, Producers and the City of New York have taken a look at the cost of the strike and estimate $40 Million in lost revenues.

    Theatre lovers are also concerned that ticket prices (already ranging from $110 to as much as $400, in some cases) will have to increase to cover Producer’s additional labor costs. The same concern applies to increasing theatre rents and other costs associated with production of broadway shows, which sometimes now cost as much as $20 Million before the doors even open.

    Clearly, this industry has some rough seas to traverse in the next few years.

    The storm is already brewing as speculation abounds that shows that have been operating on small margins will have to close soon, as a result of the increased costs negotiated last week. Among the shows that are the subject of such rumors are “Rent” and “The Drowsy Chaperone”

    Sources:LA Times and Chicago Tribune

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