Is this legal?

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! :)

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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.

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.

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

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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)....

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".... 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.

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.

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