Do you need to buy the rights of songs to use in small revue?

[phan24]

Posted: 7/31/12 at 1:35am

A couple of friends and I are putting on a small revue/cabaret, of personal stories (altered a bit) mixed with songs from musicals, just for the hell of it, and renting a space, and charging minimal admission to family and friends. We want to do it all morally right and legal, so I was just wondering if we needed to buy rights or something to be able to perform these songs for the public.

If anyone has any information, that'd be greatly appreciated. We're just trying to get our feet wet with cabarets and showcases and get comfortable with these kind of performances.

Updated On: 7/31/12 at 01:35 AM

[beingalive123]

Posted: 7/31/12 at 3:47am

Someone will correct me if I'm wrong, but I'm nearly positive the individual songs from a show can be put into a musical revue with no worries about copyright infringement.

[GavestonPS]

Posted: 7/31/12 at 4:17am

You are wrong. You can't perform anybody's work without permission and payment of a royalty (unless it is waived in writing). There's something called "fair use" that allows you a brief quote--about 8 bars IIRC--but that's it.

Now. I *think* inserting a song into a new theater piece requires special permission, but I've never actually tried doing it. If the event isn't too "theatrical", maybe you can get away with calling it a "concert" and simply paying performance royalties to ASCAP and BMI. (ASCAP and BMI are large organizations to which almost all songwriters belong. The organizations collect performance royalties (including recordings played on the radio) and disseminate the funds to the songwriters.)

Also. If royalties are not paid, whether or not the creators of the show will get caught will depend on how high profile the project ends up being. Case in point: the writer of MENOPAUSE THE MUSICAL thought she could just "borrow" pop tunes, write new lyrics and insert the songs into her show. Fortunately, it turned out to be a hit and she was left to negotiate rights after the opening, which probably cost her (not that she hasn't made a fortune anyway).

But the OP says they want to do the "moral" thing. And that will require paying something for every song they use, unless it's a benefit for charity and they can get each songwriter to donate his/her royalties.

[GavestonPS]

Posted: 7/31/12 at 4:17am

(duplicate post deleted)

ETA: Well, since I have a second post sitting here anyway, I will risk appearing to contradict myself and acknowledge that a lot of small cabaret/showcase performers don't report or pay royalties on the songs they perform.

As a songwriter myself, my personal feeling is that if the performers are just meeting expenses and not making any real money, I have no strong objection to their using my songs for free. (A lot of my work is performed by non-profit choruses who fail to pay performance royalties. Am I going to go after a group of volunteers? Of course not. I do get a small royalty on every copy of the music they purchase.)

But strictly speaking, which is what the OP seemed to be asking, you ALWAYS need permission to use somebody else's work. Updated On: 7/31/12 at 04:17 AM

[Jon]

Posted: 7/31/12 at 6:40am

If you are performing at an actual cabaret venue/bar/nightclub that regularly has live entertainment, they probably have an ASCAP license, so you are covered.

[best12bars]

Posted: 7/31/12 at 6:59am

The difference in a typical cabaret setting (with a generic ASCAP license) is that songs are usually performed once in a rotating "variety" setting. Not necessarily "open mic," but a one-night performance of a singer, etc.

If you're doing a set, regular show each night (aka "revue") with the same songs in it for a limited run, they should be licensed for use via ASCAP or BMI.

EDIT: Here's a one-sheet PDF I found online that is helpful. It explains in more detail.

http://www.aact.org/making/rights/Revues.pdf

Updated On: 7/31/12 at 06:59 AM

[iluvtheatertrash]

Posted: 7/31/12 at 9:17am

Often, if you can contact the composer, they'll waive the fees for a one-time performance like this. Especially if any profit is being donated to charity.

This is how we usually manage it.

[GavestonPS]

Posted: 7/31/12 at 6:55pm

Thanks, guys, and a special thanks for best12 for the link. You all greatly clarified what I was trying to say.

***

Do you all really think the average small cabaret reports what is performed and pays the appropriate ASCAP or BMI royalty? I'd be surprised. Maybe ASCAP monitors network TV, but at small venues and schools, as with non-profits, compliance seems to be mostly voluntary. At least in my experience.

***

Confidential to iluvtheatertrash: sorry to be touchy, but lyricists get royalties and give permissions as well as composers. Let's don't mislead the OP. :)



Updated On: 7/31/12 at 06:55 PM

[phan24]

Posted: 8/4/12 at 12:44pm

Thanks for your responses. We're gonna take all of that into consideration and see how we move on.

Just to make clear, this is a one-night event, and the profits that we would be getting are to pay for the space, equipment, etc.

Thanks again!

[GavestonPS]

Posted: 8/4/12 at 8:01pm

Those aren't "profits", phan, those are "expenses".

I can't give you permission to take somebody else's work. But if you were performing one of my songs, I wouldn't worry about whether you paid a few cents for the royalty.