Broadway Song Rights?

[Bwaydrummer31]

Posted: 8/22/15 at 10:39pm

Hey everyone,

So I'm part of a new big band type group where we'll be performing Broadway songs (instrumentaly and with vocals) and am also the manager. I'm wondering, obviously we'll have to pay something for these songs, which is fine, but does anyone know how we'd go about getting the rights to perform one or two songs from shows (like you hear on Broadway, not crap rewrites)? Who do we contact? Any guess as to the cost? 

Thanks!

[HogansHero]

Posted: 8/23/15 at 12:01am

Assuming you are talking about performing live, and that you are not busking, it is normally covered by the venue's ASCAP/BMI license. All you have to do is show up, tune up and play. Where are you playing? If it is a place that frequently has live performance, they will be licensed. And no rights need to be granted for it; it's compulsory and technically as I said a license.  

[Liza's Headband]

Posted: 8/23/15 at 8:33am

That is not exactly accurate. There are exceptions to the rule wherein the artist or presenting organization -- not the venue -- is responsible in applying for, and acquiring, a blanket license from ASCAP and/or BMI. Do not consult with strangers on a message board for legal advice.... do the prudent thing and consult with the agencies in question.

 

I would also encourage you to utilize SongFile (courtesy of Harry Fox Agency), which is free and can be easily accessed online, to determine the copyright holders + publishers of each song you'll be performing. You can then crosscheck this information with the agencies to determine who owns the performance rights, as it may not always be BMI or ASCAP. 

 

It is more complex then you might think, depending on a number of factors. I'd again encourage you to consult with the agencies or at least someone you trust in the licensing and entertainment law field. Good luck. 

[HogansHero]

Posted: 8/23/15 at 10:56am

Headband-

What I said is exactly accurate insofar as I said it is "normally" covered by the venue's license. (Normally=there are exceptions.) Obviously, inquiry is required of the venue as a first step and even consultation may be necessary if the situation is out of the ordinary. But if it is not necessary to contact any agency if the venue informs you that they've got it covered. And in 99.9% of the cases, it is not "more complex" than that.

[Mike Costa]

Posted: 8/23/15 at 11:37am

Hogan is correct regarding live performance but on a second reading of the OP's question it can be realized that he is asking where to get the ORIGINAL ORCHESTRATIONS used on broadway to perform with his band and pay a royalty for them.  An entirely different kettle of fish.

[HogansHero]

Posted: 8/23/15 at 12:16pm

@ Mike Costa --

I didn't (and honestly still don't) see that question, but if they are not published it would of course be necessary to track them down and make arrangements with the copyright holder or agent. Technically, though, it is not a royalty you are looking to pay but a licensing fee although in theory the two could look similar.

[Liza's Headband]

Posted: 8/23/15 at 2:01pm

There is no distinction in live performance between a "licensing fee" and "royalty."  There is, however, if you are performing, recording and then selling (or distributing) the song; a statutory royalty may -- or may not -- go to the songwriters/publishers, while a mechanical or DPD license fee will typically go to the copyright holders (if different) or the agency representing the copyright holders. 

 

I would again reiterate that absolutely no one should be seeking legal advice on a public message board, regardless of how smart or knowledgeable the person assisting you seems to be. Do your research and due diligence. Play safe.  

[Bwaydrummer31]

Posted: 8/23/15 at 2:41pm

Yes, we will be performing arrangements of songs, written by my group, and we'd also like to perform songs note for note straight from Broadway. The venues we'd be performing should have their license, but I'm also wondering, could we as a group get a license so we don't have to worry about the venues? Also, is it possible to get the songs of shows that are still on Broadway, i.e. Wicked, Fun Home, Aladdin, Finding Neverland etc.

Thanks!

[HogansHero]

Posted: 8/23/15 at 3:42pm

Yes you can pay for the license but unless you are planning to perform in non-performance venues (a store, as an example), you are wasting your money. The answer to your other question is that it depends on whether the music has been published. Otherwise you would need to secure direct permission. And I assume you know that if the music is published, having a license to perform it does not mean you have a license to make your own copies of the sheet music.