Comments for The Theatre Lawyer

Comment on Music Rights for Plays and Musicals by Gordon Firemark

Gordon Firemark — Mon, 14 Sep 2009 22:20:34 +0000

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.

Comment on Music Rights for Plays and Musicals by GORD

GORD — Mon, 14 Sep 2009 20:56:06 +0000

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

Comment on Music Rights for Plays and Musicals by Gordon Firemark

Gordon Firemark — Wed, 02 Sep 2009 21:10:12 +0000

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.

Comment on Music Rights for Plays and Musicals by SDM

SDM — Wed, 02 Sep 2009 19:34:34 +0000

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

Comment on Music Rights for Plays and Musicals by Impressed

Impressed — Fri, 21 Aug 2009 18:12:41 +0000

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!

Comment on Financing independent films and theatre projects is more difficult in the current economic climate. Myth or Reality? by Alina Szpak

Alina Szpak — Wed, 12 Aug 2009 23:45:57 +0000

How about section 181? Do investors know about it? Looks like safe bet considering tax exemption. Sorry that it expire at the end of the year.
AS

Comment on Music Rights for Plays and Musicals by Gordon Firemark

Gordon Firemark — Wed, 05 Aug 2009 16:45:17 +0000

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.

Comment on Music Rights for Plays and Musicals by Sean Grennan

Sean Grennan — Wed, 05 Aug 2009 14:50:31 +0000

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?

Comment on Producers beware! Theatregoer sues over canned music and wins! by talfonso

talfonso — Mon, 13 Jul 2009 00:17:25 +0000

I believe that “canned music” should be used in really rare occasions when staging a musical. I have written about the issue in my recent blog entry (http://talfonso.blogatize.net/muzak-accompaniment) and had my say on it, with support from personal experience. Of course, if the cast and creative team of the musical want a “live show,” only to find out that it’s accompanied by a “band in a box,” I should have them save their money, travel to my home state of Florida, head them over to the Magic Kingdom at Walt Disney World, and make them watch the whole of “Dream Along With Mickey,” performed on the Castle Forecourt Stage in front of iconic Cinderella Castle to piped music! I’m already missing “DisneyMania!” (not the pop music CDs and concerts) and “Mickey’s ‘Twas the Night Before Christmas,” which I mentioned in my aforementioned blog entry.

Comment on Congratulations, Tony Award nominees and winners! by Gordon Firemark

Gordon Firemark — Sat, 13 Jun 2009 00:24:02 +0000

Well, you’re certainly entitled to your opinion…