What you can and cannot do continued
4. Dramatic rendition of music. In a chapter entitled �The Grand Rights Controversy,� the authors of Kohn on Music Licensing state that, while many think only in terms of �grand� and �small� performing rights, the right to perform a dramatic rendition of music is distinct from either, and is licensed neither through a �grand� rights licensing agency nor through a performance rights society, but directly from the music publisher that holds the copyright on the music (or the personal agent of the composer of an unpublished work). According to the defining language (drafted, it is said, by Oscar Hammerstein II, who was an attorney as well as a librettist), music is rendered �dramatically� if it is �woven into and carries forward [a definite] plot and its accompanying action.� These rights come into play when a playwright or director chooses to use a popular song (either recorded or performed live) as underscoring or incidental music.
In some cases, arrangements have been made between the play licensing agencies and the composers involved, so that permission to perform music called for in the play is included in the license to perform the play. This is usually noted in the acting edition and in the licensing agreement. Many published scripts provide contact information for the composers, or their agents, for songs and incidental music used in the original production. If you want to use in your production either musical compositions still under copyright or copyrighted arrangements of music in the public domain, the best place to start may be the website of the National Music Publishers Association, found at www.nmpa.org. Here, the published article mentions that the NMPA site provides links to the Harry Fox Agency, Inc., a wholly owned subsidiary of the NMPA, which, while it still acts as intermediary for most member publishers in negotiating and collecting fees on mechanical and synchronization licenses, ceased handling live stage licenses at some point after 1999: now potential �dramatic rendition� users of copyright-protected music in live stage performance must negotiate directly with the publishers who own the copyrights (if they can track them down � for which the searchable database on the Harry Fox site may be a helpful tool � if it still exists). (A �mechanical� license permits you to make a recording of the composition, audio only. A �synchronization� license allows you to perform the composition in �synch� with visual elements, whether for film or video recording, or for live stage, and must be obtained in conjunction with any film/TV or live stage license.)
The advantage to dealing with the Fox Agency website is/was that it includes a searchable database that includes every piece of copyrighted music published by NMPA members, each with its own assigned code number, and downloadable, printable license application forms. The disadvantage is/was that, if you wish to obtain a reduced rate on the royalties, you must first negotiate with the publisher and obtain their authorization, and then submit that with the other required paperwork to Fox and wait six to eight weeks for them to process it.
If the music is to be used in the production in a recorded form, at least one other permission (and royalty fee) is probably required: either from the record company to use an existing commercial recording (actually, I stand corrected here � this is currently NOT TRUE in the United States: unlike the copyright laws of many other nations, US copyright law provides no protection for the live stage use of recorded music, and neither the record company nor the performing artist is entitled to any sort of royalty, only the publisher and perhaps the songwriter(s)/composer of the underlying composition, if it is not in the public domain), or a mechanical license from the music publisher to make a recording especially for the production. You can check out the Fox website for this information as well, including the license for any necessary transfer of the recording to a master soundtrack tape. (Possibly obsolete information.)
The simplest way to avoid both the hassle of music licensing and the fear of being caught unlicensed is to limit the use of music to works in the public domain and original music commissioned for the production. It�s prudent to have a licensing agreement in place for the original music, just as it is a good idea to have a performance contract with the authors of original plays, including students. Like anyone else, they can withdraw permission to use their material in a performance. If only such music is used, performed live or in recordings made especially for the production, there should be no copyright worries.
5. Charity or free performances. It should be remembered that even a public performance for which no admission is charged, or which is for a charitable cause, still requires a license.
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This page last updated on Wednesday, January 21, 2009