Is this legal?

[rKrispyt]

Posted: 6/2/05 at 11:16am

Hey guys!

Alright, so I'm putting together a fundraiser for a local theatre that me and my closest friends love to death that we're hearing is in some huge financial trouble.

What we're planning to do is to pick 5 shows and do 'sets' of each, 4-6 songs each, each person has the show that they are featured in (ie: someone plays Eva throughout the evita sequence) and then is chorus and little solos, etc. for the rest of the sets.

One reason we leaned towards this was that it'd make it legal to do things like Wicked or Hairspray (or rather a few songs from them but still not a cabaret where it's totally detached from the context, etc.) but I just wanna make sure we cover our bases before this gets put into motion and we get arrested or shut down at the last minute.

Is there anyone (ascap perhaps?) that we need to clear this through? The event would be donation only, no admission fee, and no dialogue, just songs with a couple bigger dance numbers here and there.

Please lemme know and thanks in advance - I knew someone on this board would know! :)

[mikewood]

Posted: 6/2/05 at 11:22am

I'm guessing...no. Not that I think it should stop you...!

I'm no expert by any means. I've been known to bend a few rules myself, twist, rend...well anyway....

But I would check to see if each show/composer/publisher has a website and check the FAQ. The show you are suggesting would seem to go beyond the insular closed worlds my illegal shows....my illegal shows that never happen, or will happen....

I might also suggest you look into non-profit, fundraising laws in your particular state.

Updated On: 6/2/05 at 11:22 AM

[James C]

Posted: 6/2/05 at 11:37am

No, it's not legal. I am a composer and lyricist myself, which is the only reason I know. This venture can be made legal pretty easily though. You'll want to go to ASCAP and get a blanket license for your performance. They'll give you a special form asking you for a list of all the songs that your performance will contain, and then you (the theatre company) will be charged a flat per-performance license fee, based on seating capacity, admission charge (or in your case, donation amounts).

This license from ASCAP, however, is for NON-DRAMATIC performance rights only. There can be no dialogue, dance numbers, staging, or anything else that would suggest a dramatic, or story-telling aspect to the music. In other words, a concert style performance. If you wanted to include dance numbers, staging, etc., then you would have to go through the show's actual licensing agent, MTI, Samuel French, Tams-Witmark, or whoever, and since you are talking about performing songs from currently running Broadway shows, those rights may not yet be available. Anyway, I hope this is helpful.

[rmposey]

Posted: 6/2/05 at 11:43am

I've done some research into this and you have to purchase rights to any performance of published music that isn't public domain. Now, technically, that includes no admission performances, charity and benefit concerts. I spoke with the head of the music dept. at a university about all of this and he said that as long as no profits are made, you can most likely get away with performing without the rights. There is also an exception in the copyright laws that provides for performances for educational purposes. Check out www.musicals101.com. There's a section of the website devoted to performance rights questions. Hope this helps!

Edit: The theatre may already have a blanket license of some sort.

Updated On: 6/2/05 at 11:43 AM

[rKrispyt]

Posted: 6/2/05 at 11:51am

yeah, I'd assume the theatre already has a blanket fee.

When I directed stuff in college, they always told us if there was no admission charged, we didn't even have to worry about licensing stuff (this came from our guy at MTI). Maybe I'll contact him again if he's still there...

Honestly I feel like if I call MTI they're gonna be sick of me (like they were last time) and tell me not to worry about it. I dunno though...maybe I'll jsut start on some letters to the composers/lyricists themselves to get their permission nad have it done with...?

Thank you all for all your help! :)

ps. where might I find information on non-profit fundraising laws in ohio? I'm trying to google it, no luck.

[ckeaton]

Posted: 6/2/05 at 11:53am

However there are mass market SATB type medley arrangements that can be performed for most of these shows. If you bought the music, your school can perform them, and put a bit of scenic context around them. We did a les mis medley with risers, chairs, and the red flag. With some great fog and fabric elements.

[mikewood]

Posted: 6/2/05 at 12:24pm

try http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC

[Jon]

Posted: 6/2/05 at 1:39pm

If it's truly a concert type performance, and you're just doing songs - not acting out scenes from the shows - you'r efine as far as not having to get individual rights from the authors fo the various shows.

An ASCAP blanket license for a one time only thing would probably ony be around fifty dollars. Our theatre has done musical revues (the 1950's, the 1940's, etc.) We sent them a list of the songs, and they gave us a deal which came to about $50 per performance. You are always limited to no more than three songs from any one musical.

[StephanietheStar]

Posted: 6/2/05 at 3:34pm

when you don't charge admission but ask (not demand) a donation that's legal right?

and if you only do like ONE song from a show? cuz at our cabaret for example we had "What is this feeling?" and "Mama I'm a big girl now" and "Strongest Suit" performed (among many others)....

[CatieElphie1]

Posted: 6/2/05 at 4:58pm

hmmm..if you were going to go about this without the rights, maybe NOT sending letters to the writers would be good. (because then they would know about it.... if they don't know about it, they can't stop you...right?) right.

Posted: 6/2/05 at 6:33pm

".... if they don't know about it, they can't stop you...right?) right."

WRONG! All it takes is one person making one phone call and you're completely up the proverbial creek. And NO, there isn't anywhere too small or out-of-the-way that doesn't haven't a phone - or potentially just one person who makes that call. It's happened over and over and over again.

[JBSinger]

Posted: 6/3/05 at 8:50am

Ideally, you cannot perform groups of songs from a particular show (especially in a theatrical context) without getting "grand rights." I think you can do up to 3 songs per show.

You'll probably get away with it, but be warned. Does your venue have ascap and/or bmi song licenses? That could help cover you a little bit.

[mikewood]

Posted: 6/3/05 at 9:50am

You know, I don't think the original poster is trying to "get away" with anything. I think he or she is just trying to get information.

[rKrispyt]

Posted: 6/3/05 at 11:38am

only too true, Mikewood.

We haven't even finished asking people to be involved, let alone picking the shows and songs we'd do. I just wanted to cover our bases first.

I actually got the idea from when some friends did it (this is actually how they raised the money to start a theatre company) about...6 or 7 years ago. They actually performed it in a really big name theatre in hte area and had always told me it was a good idea because it didn't cost anything at all.

I know that one of the people involved in that then went on to make it an established class at a youth theatre we worked at together...

I'm absolutely not trying to get away with anything, just want to make sure I look into this before we propose it to the people who run the theatre - we don't wanna get anyone in trouble, we're just lookin' for a cheap way to make some money for a place we all consider a second home (if not first for some people).