Original Musical with borrowed songs, royalties?
Printed From: Community Theater Green Room
Category: Theater Administration
Forum Name: Running Your Theater
Forum Discription: General questions about how to make it work
URL: http://www.communitytheater.org/forum/forum_posts.asp?TID=2530
Printed Date: 10/31/25 at 1:33pm
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Topic: Original Musical with borrowed songs, royalties?
Posted By: ChrissyHogue
Subject: Original Musical with borrowed songs, royalties?
Date Posted: 7/15/07 at 3:33pm
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Hi all!
This is a loaded question with many parts.
I have a musical I'd like to produce. It was written by my father who is now deceased. It has many songs from the 30's and 40's. As a non-profit, do I have to pay royalties on these songs? If so, how do I find out where to pay them to? ------------- Chrissy |
Replies:
Posted By: Linda S
Date Posted: 7/16/07 at 8:59am
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You could start by going to http://www.bmi.com/gl/license/ - http://www.bmi.com/gl/license/ They handle the kind of licensing you are talking about. It is not hard or expensive. You should be able to either sign up on line, or it might be better for you to talk to someone.
Linda
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Posted By: ChrissyHogue
Date Posted: 7/16/07 at 1:23pm
 Thank you!------------- Chrissy |
Posted By: POB14
Date Posted: 7/18/07 at 3:57pm
BMI licenses do not cover dramatic performances.
Their site doesn't really talk about using existing songs in a new show, but I would think that would have to come from the publishers. ------------- POB Old Bugger, Curmudgeon, and Antisocial B**tard |
Posted By: Gaafa
Date Posted: 7/18/07 at 6:34pm
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There is a member here who deals with copyright, as his day job, who will ne able to help you. I can't remember who it is, but I'm sure Stuart from Lazy Bee &/or P&M sales, being Publishers of scripts that use others musical works as part of thier shows, would be able to advise how you go about it.
We have a performing & recording rights Association here, that each group or theatre pay an anual blanket fee to use either recordings or pieces of music, as 'small' rights for thier production.
Much the same as when music or songs are used for a Pantomime or concert. ------------- Joe Western Gondawandaland turn right @ Perth. Hear the light & see the sound. Toi Toi Toi Chookas {{"chook [chicken] it is"} May you always play to a full house} |
Posted By: B-M-D
Date Posted: 7/20/07 at 9:28am
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Thanks for remebering Joe! That would be me that deals with copyright in my day job.
Music isn't my specialty but Chrissy will have to do some leg work to determine if the songs are still under copyright protection. Always assume they are and get the permission for their use. ------------- BD 
"Dying is easy, comedy is hard." |
Posted By: ChrissyHogue
Date Posted: 7/20/07 at 10:05am
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Would I look up each producer? Is there a specific person in a production company who handles these things? Thank you all so much! ------------- Chrissy |
Posted By: B-M-D
Date Posted: 7/20/07 at 12:50pm
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If the songs are from the 30's & 40's chances are that it may be the estates of the writers that might be in control of the rights. Unfortunately it's not going to be an easy task to figure out who has the rights to them or if they're still under copyright.
While BMI may not cover dramatic perfomances they may be able to point you in the right direction for what you need. My suggestion would be to speak to a live human being there rather just rely on surfing thier web site.
Other organizations that might be helpful in pointing you in the right direction but that probably won't be able to provide license for permission are:
ASCAP: http://www.ascap.com - www.ascap.com
SESAC: http://www.sesac.com - www.sesac.com
Harry Fox Agency: http://www.nmpa.org - www.nmpa.org
You might also be able to research the song titles through the us copyright office at http://www.copyright.gov - www.copyright.gov .
If the songs in your father's musical are from other shows then you may need to go to the publisher of those shows. The big three are:
Tams Witmark: http://www.tams-witmark.com - www.tams-witmark.com
MTI: http://www.mtimusicalworlds.com - www.mtimusicalworlds.com
Rodgers & Hammerstien Theatricals: http://www.rnh.com - www.rnh.com
If all else fails hire an intellectual property attorney to determine if you need permission and/ or who the rightsholders are. Depending on the attorney he/ she might advise you use the material and wait for someone to sue you for copyright infringement. I'm not an attorney but needless to say I'd advise against that strategy.
Good luck!
 ------------- BD
"Dying is easy, comedy is hard." |
Posted By: ChrissyHogue
Date Posted: 7/20/07 at 12:57pm
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Thanks again!!! Much much obliged. ------------- Chrissy |
Posted By: Kibitzer
Date Posted: 7/24/07 at 10:31pm
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Hello, again, everyone. It's been awhile since I've been here. I've been away, mentally mostly, but also physically. Nice to be back. Anyway, the matter at hand. I don't know the legalities and most likely B-M-D has given you the soundest advice on this issue, however, I think it's interesting to note what the writers of the currently running Broadway show, "Grey Gardens" had to go through. (Tangent: the attention this show got at this past year's Tony Awards was right on target - a wonderful show!!) The show is based on a documentary made in the 70's. Throughout the documentary the two main characters sang old songs from the 30's, 40's, etc. However, the writers of the show had all sorts of problems trying to get the necessary permissions - at least it was cost-prohibitive to do so -- so they ended up writing new songs that had the "feel" of the originals. Well, the results were just terrific, but the point for this post is that if high-powered Broadway producers aren't going to mess with getting the legalities straight with old songs, then I would wonder how anyone else could do so! Although probably not impossible, it would appear that you could have an uphill struggle on this one. The totally irresponsible thing to do is to go ahead and honor your father by producing the show as is and then close it down if someone squawks! Did I really just say that out loud? Let us know what you find out! ------------- "Security is a kind of death." - Tennessee Williams |