By right, Puccini should be getting credit for writing the melodies.
Well the copywrite owners did sue and got a nice settlement. (Listen to the duet near the end of Act One of Puccini's GIRL OF THE GOLDEN WEST - to use the English title - and you will see what ALW lifted note for note.)
We found out the hard way that GIRL was still protected by Grand Rights several years back when we played the complete opera on our Saturday night Opera show only to recieve a hefty bill from the rights holder a few weeks later. Ouch!
Cast albums are NOT "soundtracks." Live theatre does not use a "soundtrack." If it did, it wouldn't be live theatre!
I host a weekly one-hour radio program featuring cast album selections as well as songs by cabaret, jazz and theatre artists. The program, FRONT ROW CENTRE is heard Sundays 9 to 10 am and also Saturdays from 8 to 9 am (eastern times) on www.proudfm.com
With Phantom, ALW saw a production of Ken Hill's Phantom in London and in Hill's version every song is from an opera with minor lyrics changes or just translations into English. ALW wanted to do the same exact thing as Hill (taking music from operas) but he was encouraged to write his own score, but many melodies reference his original plan of taking them from operas, so enough of that arguement.
I am a huge Phantom fan, but I agree many of his shows are not up-to-par, so to say. I do give him and B&S's "Lez Mis" and "Saigon" credit because they literally broke barriers by building musical theater around the story rather than havinga bunch of mediocre tap dances around a leading cuple. Their musicals are different, and people flocked to see them because they wanted to hear a story rather than just watch a show. Do I call him a genius? No, but neither is any other composer. Every composer has his ups and downs.