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Soundtrack for your play?


By Amy of the Lakes - Posted on 02 November 2008

I have been in exactly one non-musical play, though I have seen many. I have never had the beginning and inter-scene music stick with me. However, I have a couple of songs I would LOVE to use in my plays.

How does one get the rights to use a non-public-domain song in a performance? Is it okay as long as it's a nonprofit theatre? What if your play is published and you get a performance royalty? Obviously nonprofit or for-profit, the theatre gets money from tickets for the play.

I know the sound director for our production of "It's a Wonderful Life" is asking other crew members for CDs or downloads of instrumental Christmas music for the "overture" music fading in to the beginning.

Will the theatre end up trying to secure the rights to all those songs? Why do we have the right to play, say, even 20 seconds of the Boston Pops playing "Good King Wenceslaus" on a certain CD?

Maybe it's my years as a paralegal that gives me pause, but I have seen where other playwrights have used current, popular music as "soundtrack" for their plays and I wonder how one gets the rights to "perform" that music.

I would give my right pinkie to play Atomic Kitten's "Eternal Flame" at the beginning of "Brigid Kildare's Steelworks" as the lights come up and she's welding her latest creation with a torch.

But I don't have the money to give to the production company for license of the song that they'd require. And if licensing a song is anything like licensing even 20 seconds of film footage, I'm in big trouble.

I don't begrudge anyone a reasonable license fee; I just want to know what's right.

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josh-con-carne's picture

Well, I guess I've never used a song in the manner you discussed. i was thinking more along the lines of pre-show and curtian call. I know you're right and I should take the necessary precautions. I just... haven't.

-Joshua

Amy of the Lakes's picture

I won't worry about it too much just yet, but there are songs for all three plays I'm pretty attached to. If the safe route is to play them for preshow music on the ones I (hope to) workshop and do full production with my local theatre, then not dictate any particular songs for preshow and inter-scene music for future productions, I accept that.

 

I'm hoping my plays will be not only my creation come to life but also a great experience for the actresses playing the title characters in each play of the trilogy.

Thanks so much for your answers; more are of course welcome.

Ash Sanborn, the playwriting nom de plume of Amy Hillgren Peterson. Playwright, restorative justice practitioner, life force

isaiaht's picture

Josh,

You're treading on thin ice. In practice few labels will bug you, as any money they could pull from a small theater company wouldn't cover their legal cost, but they would be within their rights to send you a cease-and-desist, and if not complied with, could cause you more than a little bit of trouble.

They're especially unlikely to bother you about pre-show music, as that's incidental. Using a song in the text  of the play, however, is something else entirely. Whenever my theater company uses a song like that, as we are right now in our current trilogy, we follow the letter of the law and write the rights-holder asking for permission. We have yet to be denied and our bases are covered.

josh-con-carne's picture

I'm going to play Devil's Advocate here, and say it's fine. i've been producing off Broadway theater for years now and am quite well known for using pop music. It hasn't been a problem yet.

 

-Joshua

karenjeynes's picture

Here in South Africa we have the South African Music Rights Organisation, SAMRO, and they handle all rights issues like this. You should pay a performance royalty, and how much that is will vary hugely. For example if you want your characters to SING something that's in the public domain (like Good King Wenceslas) then you don't need to get a license. But if you want to play someone else's version, then you do.

Make sense? You can normally get away with a character bursting into song for a few lines, however!

"When in doubt, have a man enter the room with a gun in his hand." Raymond Chandler

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