Introduction to Licensing

Our expert licensing team can you find your next show to perform

Licensing a play or musical for performance is an important part of the process of making theatre. When you license a show, you are providing a living wage for writers and helping to safeguard their work.

We hope to make the process of licensing a title straightforward, quick, and uncomplicated.  Every production is different and not every title in our catalogue is licensed in the same way. The requirements vary show-by-show, which has much to do with the wishes of the author and circumstances surrounding the title.

Some titles may be licensed automatically, with no restrictions. Other titles require additional conversation and may be restricted. Also, the licensing fees often vary from title to title. These are based on the category of your performing group (amateur or professional), the agreement with the author, and the availability of the title.

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MUSICAL PERFORMANCE: A GUIDE TO LICENSING RIGHTS

If you are planning to sing a song in public, whether it is part of a narrative show or sung in a concert, you will need to acknowledge and compensate the writer(s) of that song. After all, songs are the product of many hours of work by an individual—or a team of collaborators— who put pen to paper and created a new arrangement of words set to original music.

That magical invention, the song, is a unique commodity. And, like any other commodity, it has commercial value. It belongs to someone, and it cannot simply be appropriated or borrowed.

Most music enthusiasts recognize this fact, but performance rights can be tricky. We have created this guide to help you navigate your way through licensing the rights to a musical work.

First, there is an essential difference between the two types of performance rights for music: grand rights and small performance rights. These are also sometimes referred to as “dramatic performance rights” and “non-dramatic performance rights,” respectively.

So, what does that mean?

Grand rights are licensed directly from the writer or licensor. For example, musicals, operas or ballets fall under grand rights—a theatre would have to license these directly from the playwright, agent or licensing house.

Small rights refer more to individual songs. If a song is presented in a nondramatic performance (e.g., in concert, with no story, staging, costumes, dance, or alone on the radio—without any dialogue from the show), it may be governed by a blanket license issued to the theatre, producer or radio station by a performing rights society like ASCAP, BMI, SESAC or SOCAN.

Think of grand rights as referring to the big picture: The Show. Small rights refer to individual songs. But as soon as you place those songs in a dramatic context with narration, dialogue, costumes, props or anything else that suggests a story, you’re referencing The Show and therefore talking about grand rights. Either way, all performances require a license!

Remember: A revue based on a composer’s work—whether centered around a theme like “love songs” or “songs about parenting,” or built into a new narrative using songs taken from one or several shows—would not be covered under a small rights license. Under federal copyright law, this type of treatment would create a “dramatico-musical work,” which means grand rights, because of its thematic nature or storyline.

If you need more details, here are some specifics:

The term “dramatico-musical work” includes, among other things, a musical comedy, oratorio, choral work, opera, play with music, revue, or ballet. ASCAP lists the below examples of “dramaticomusical works,” which are not licensed under their agreement and require a grand rights license:

  • Performance of a “dramatico-musical work” in its entirety
  • Performance of one or more musical compositions from a “dramaticomusical work” accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken
  • Performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation
  • Performance of a concert version of a “dramatico-musical work.”

So, sing your hearts out! Just remember the bottom line: Public performance of any copyrighted musical work requires a license. If you are unsure whether your project involves grand rights or small rights, contact the rightsholder or licensing company, and they will be sure to help.

Happy singing!