Community Theater Green Room Discussion Board: copyright question

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Bailey
Walk-On
Walk-On

Joined: 7/20/06
Online Status: Offline
Posts: 0

Topic: copyright question
Posted: 7/22/06 at 8:31pm

Help, I need a class in copyright 101. Every year our group puts on a variety show. Participation is open to the whole community. As I was choosing a song to sing I noticed in the front of the book of music that performing any song in the book was prohibited. (Why would they publish a book of songs if they didn't want anyone to sing them?)
Are we breaking some copyright law by producing and performing in this variety show? Each performer brings their own music either vocal or instrumental and we provide the accompanist. We also have dancers that bring their own CDs.
We also play music from CDs preshow and at intermission. Is this also not OK?
Is there a book or website out there that gives just the basics of copyright for performers without the legal talk?

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JoeMc
Celebrity

Joined: 3/13/06
Location: Australia
Online Status: Offline
Posts: 832

Posted: 7/23/06 at 1:06am

Yes mate you are!
However you can gain a performing license by paying a fee to your copyright association for the use of musical works. I don?t know how it works there, but we pay an annual fee to APRA to play recorded music & perform songs. I?m sure someone here will advise the actual mob you contact there.
If you google search you will find heaps of sites & can even download the US Copyright Act.
No matter what you have to pay for the intellectual works rights. Also pleading ignorance is not a defence.
Even if it is performed in front of a non paying audience, you can get done & served up like a Sunday roast!
Also one other small point with your group, even if their protected as an Incorporated body, any acts out side the law, can place any &/or every individual member, to be held liable.
Get the group to cover their backsides or you will all go down your collective dunny?s [toilets] together.
This can happen, not saying it will, because most rights holders don?t go down that road at all.
It is enough usually just to close the show & your lot may cop a fine or whatever.

[western] Gondawandaland
"Hear the light & see the sound!
TOI TOI CHOOKAS
{may you always play to a full house!}

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POB14
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Joined: 7/01/05
Location: United States
Online Status: Offline
Posts: 349

Posted: 7/24/06 at 10:58am

You need an ASCAP (probably) license. Their website FAQ is here:

http://www.ascap.com/licensing/licensingfaq.html

Why would they publish the music if they aren't giving you the rights to perform it? Well, when you buy a play script, you aren't buying performance rights either. You can buy a book and read it, even to your family and friends, but you can't copy it and sell it. Same thing; if you buy the music, you can play it on your piano and sing to your friends at Christmas, but if you're going to give a public performance, you have to pay for the right to do that.

For revues and concerts and the like, generally the facility gets an ASCAP license. This allows performances (recorded or live) of all the songs in their catalog, for one annual fee. You can't do a DRAMATIC performance under an ASCAP license, though; you have to get rights from the authors for that.

There are one or two other organizations that do the same thing; a quick call to ASCAP will let you know if they handle your songs, if the music itself doesn't tell you.

POB
Old Bugger, Curmudgeon, and Antisocial B**tard

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Bailey
Walk-On
Walk-On

Joined: 7/20/06
Online Status: Offline
Posts: 0

Posted: 7/24/06 at 6:14pm

Thanks for the help. I'll contact ASCAP right away.

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B-M-D
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Joined: 11/03/05
Location: United States
Online Status: Offline
Posts: 346

Posted: 7/24/06 at 7:41pm

Intelectual property licensing can be a mine field. You're doing the right thing. My day job involves copyright licensing (although my organization doesn't deal with dramatic or music licensing) and you wouldn't believe the number of inquires I get that are similar to this. If ASCAP can't help you they should be able to at least point you in the right direction.

"Dying is easy, comedy is hard."

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Author	Message
Bailey Walk-On Joined: 7/20/06 Online Status: Offline Posts: 0	Topic: copyright question Posted: 7/22/06 at 8:31pm
	Help, I need a class in copyright 101. Every year our group puts on a variety show. Participation is open to the whole community. As I was choosing a song to sing I noticed in the front of the book of music that performing any song in the book was prohibited. (Why would they publish a book of songs if they didn't want anyone to sing them?) Are we breaking some copyright law by producing and performing in this variety show? Each performer brings their own music either vocal or instrumental and we provide the accompanist. We also have dancers that bring their own CDs. We also play music from CDs preshow and at intermission. Is this also not OK? Is there a book or website out there that gives just the basics of copyright for performers without the legal talk?

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JoeMc Celebrity Joined: 3/13/06 Location: Australia Online Status: Offline Posts: 832	Posted: 7/23/06 at 1:06am
	Yes mate you are! However you can gain a performing license by paying a fee to your copyright association for the use of musical works. I don?t know how it works there, but we pay an annual fee to APRA to play recorded music & perform songs. I?m sure someone here will advise the actual mob you contact there. If you google search you will find heaps of sites & can even download the US Copyright Act. No matter what you have to pay for the intellectual works rights. Also pleading ignorance is not a defence. Even if it is performed in front of a non paying audience, you can get done & served up like a Sunday roast! Also one other small point with your group, even if their protected as an Incorporated body, any acts out side the law, can place any &/or every individual member, to be held liable. Get the group to cover their backsides or you will all go down your collective dunny?s [toilets] together. This can happen, not saying it will, because most rights holders don?t go down that road at all. It is enough usually just to close the show & your lot may cop a fine or whatever.
	[western] Gondawandaland "Hear the light & see the sound! TOI TOI CHOOKAS {may you always play to a full house!}
	IP Logged

POB14 Celebrity Joined: 7/01/05 Location: United States Online Status: Offline Posts: 349	Posted: 7/24/06 at 10:58am
	You need an ASCAP (probably) license. Their website FAQ is here: http://www.ascap.com/licensing/licensingfaq.html Why would they publish the music if they aren't giving you the rights to perform it? Well, when you buy a play script, you aren't buying performance rights either. You can buy a book and read it, even to your family and friends, but you can't copy it and sell it. Same thing; if you buy the music, you can play it on your piano and sing to your friends at Christmas, but if you're going to give a public performance, you have to pay for the right to do that. For revues and concerts and the like, generally the facility gets an ASCAP license. This allows performances (recorded or live) of all the songs in their catalog, for one annual fee. You can't do a DRAMATIC performance under an ASCAP license, though; you have to get rights from the authors for that. There are one or two other organizations that do the same thing; a quick call to ASCAP will let you know if they handle your songs, if the music itself doesn't tell you.
	POB Old Bugger, Curmudgeon, and Antisocial B**tard
	IP Logged

Bailey Walk-On Joined: 7/20/06 Online Status: Offline Posts: 0	Posted: 7/24/06 at 6:14pm
	Thanks for the help. I'll contact ASCAP right away.
	IP Logged

B-M-D Celebrity Joined: 11/03/05 Location: United States Online Status: Offline Posts: 346	Posted: 7/24/06 at 7:41pm
	Intelectual property licensing can be a mine field. You're doing the right thing. My day job involves copyright licensing (although my organization doesn't deal with dramatic or music licensing) and you wouldn't believe the number of inquires I get that are similar to this. If ASCAP can't help you they should be able to at least point you in the right direction.
	BD "Dying is easy, comedy is hard."
	IP Logged

Topic: copyright question( Topic Closed)