Licensing a show

How a play gets from a playwright to a producer usually follows this four-step process.

   1.    A licensing organization (also known as a royalty house), either through an author or his representative, licenses the right to make a work available for production, setting a royalty payment plan that is agreeable to both parties. The organization prepares performance materials (which may include printing acting editions for sale) and includes the play or musical in their catalogue.

   2.    A producer submits an application to perform a play listed in a royalty house catalogue. Most application forms ask for the name, address, phone, and fax numbers of the producing organization, the title of the play to be performed, the dates and number of performances desired, the name, location, and seating capacity of the theatre, and the range of ticket prices. Letters of application should include the same information.

   3.    If the rights are available for those dates and that location, the licensing organization replies with a form of agreement and sets forth royalty terms and the required deposit. In the case of non-musical plays the royalty amount is usually fixed; for musicals the cost is usually based on a percentage (set by the organization) of the revenue generated by the production.

   4.    The producer signs the form of agreement and returns it to the royalty house in the allotted time, accompanied by the required deposit.

    It�s important to bear in mind two things in regard to obtaining a license to perform a show:

   �   Just because you want to do a show doesn�t mean it�s available when you want it; royalty houses limit the number of simultaneous productions they allow on some shows. This might be a condition of the licensing agreement with the author, or because the availability of rental materials is limited.

   �  Submitting an application doesn�t obligate you or the licensing organization to anything. A contract to perform a play is created only if you have signed and returned the royalty house�s licensing agreement within the allotted time.

    One other thing, entirely apart from copyright, having to do with contractual agreements for plays: many licensing agreements include requirements regarding the presentation of advertising material, which are a restatement of provisions in the agency�s contracts with the authors and, in many cases, the producers and possibly the directors of the original productions. These can be quite specific as to, for example, the size of lettering used for the authors�/ directors�/ producers� names in relation to that used for the play�s title. The contract might also require that very specific language about the original production be included. Don�t overlook a contract�s fine print that might cover such details. Among other things, you may be required to provide the licensing agency with posters and programs for your production that will confirm whether or not you complied with the specifics of a contract.

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