The Digital Orchestra: New technology is changing the way we make music

[Note: At the end of the previous section of this article, The pros and cons of sequencing, Rick Compton quoted at length comments by D. Scott Ferguson, who in 2000 was six years past earning his masters' degree in music from the University of Illinois, Urbana-Champaign, and who had in that time worked in dozens of shows, most recently as associate conductor and keyboardist for a national tour of Cats. More recently, Ferguson has served on the music staff for the Broadway production of Mary Poppins, and on the music staff for the Radio City Music Hall Rockettes Christmas Spectacular.

While Ferguson thought that sequencing "compromises the artistic integrity of a piece," and felt that on a fundamental level it "takes the ephemeral quality of theatre away" to the extent that the "artistic rewards are not there," he also conceded: "On the regional level and community level, sequencing will definitely grow if the issues of intellectual property and recording are resolved. . . . . It is so accessible." --KNS]

Sequencing and copyright

Ferguson's comment about intellectual property and recording raises an ongoing issue that has yet to be completely clarified. One thing is certain: the owners of plays--the authors, composers and lyricists--have a voice in the choice to sequence. The publishers and licensing houses that represent them have varied policies on using a computer to record a score.

In the front of almost every script, score, and catalogue are stern words from the publisher admonishing any and all from electronically reproducing any of the material therein. Most theatre managers work hard to comply: they ban videotaping and limit photography to publicity shots.

Sequencing a score is definitely considered "electronically reproducing." Because the technology is relatively new, though, boundaries are still being explored. "People haved taped CDs for years for their casts to rehearse with," says one artistic director who declines to be identified. Is it too great a stretch, he rationalizes, to use sequenced music? And, following this logic, since they're already recorded, why not use the sequences during the run? Several licensing houses have an answer to that question.

The most severe and clear-cut licensing policy is that of Tams-Witmark Music Library, in the business since 1870 and licensing shows such as Hair, Hello, Dolly, and You're a Good Man, Charlie Brown. Robert Hut, Tams-Witmark's executive vice president, states it simply: "The use of a synthesizer or any other electronic sound-producing device is prohibited with the presentation of our shows."

MTI, another major licensing house, represents the Music Man, Annie, and Little Shop of Horrors among dozens of other shows. James Merillat, vice president of marketing and sales, expresses a legal position. "Generally speaking, our license does not allow for any sort of electronical reproduction," he says. "Technically speaking, it is not allowed."

Then Merillat offers a caveat. "But those are really rights we do not have: electronical reproduction." He explains that the owners of the plays he represents do not include electronical reproduction rights in their agreements with MTI. Consequently, MTI cannot extend these rights to a producer. And if producers wish to sequence a show? "They shouldn't be doing it unless they've cleared the rights [directly with the show's owner]," he says, "and those rights are not likely to be cleared."

Merillat is a realist, though. "There is probably not one all-acoustic orchestra in New York," he says. He cites touring shows such as Miss Saigon, with two or three keyboard parts representing various instruments. What is the future he sees? "It's like the typewriter and the word processor."

The major licensing house that is the most flexible may be the Rodgers & Hammerstein Organization. "When customers contact us because they want to create or utilize sequenced music for one of our titles we try to be as helpful as possible," says Bruce Pomahac, Rodgers & Hammerstein director of music. He says that the company takes into consideration the budget parameters, the computer knowledge, and the other musical resources that may be available to the producer. "Then we try to guide them towards the realization of a sequenced musical concept that we feel can most benefit their production."

In the future, Pomahac sees his organization helping schools and others to sequence their shows. "Someday we hope to be able to offer software that will fulfull the needs of all our customers to this end," he says. "In the meantime we are listening to the needs and suggestions of the people we are serving."

Samuel French's president, Charles Van Nostrand, reserves the right to review each request case-by-case. "In some instances the owners may give us carte blanche to authorize that, i some cases the author may want to know more," he says, "and others, there may be a 'no' right out the box."

Should Van Nostrand discover a producer sequencing one of the shows French licenses without permission, he says he would "take them to task. I'm protecting the artistic integrity and intent of the owners," he avows. "This is absolutely about quality."