Legalality of Cabaret Performances

Posted: 8/7/06 at 10:56pm

My friends and i have been planning on performing a sort of reveiw involving Five musicals. It would use minimal props and costumes, but we're concerned as to whether we should obtain rights to the shows if we are not performing the show in its entirity. According to stephen shwartz website, rights are not required for cabaret performances, but ot doesn't specify what is considered to be one.

thanks for the thoughts

[The Distinctive Baritone]

Posted: 8/8/06 at 12:04am

I don't know what the official mandate is, but I think that if performance rights were required for every song, a lot of cabaret performers wouldn't have an act! I wouldn't worry about it.

[CapnHook]

Posted: 8/8/06 at 12:08am

Very good question.

What if you do a musical tribute to a single composer? Easier to get a "yes or no" but is permission needed? Does it matter if admission is free or not?

[WickedGeek28]

Posted: 8/8/06 at 12:18am

I've wondered this too. Same with solo cds.

[CapnHook]

Posted: 8/8/06 at 12:26am

With CDs I do believe you have to get the rights, since it is a recording and not a performance. There is a different between performance rights and recording rights.

[Kringas]

Posted: 8/8/06 at 12:33am

Legalality?

[jrb_actor]

Posted: 8/8/06 at 11:10pm

Every official cabaret house pays a fee (ASCAP I think) that covers the rights of performing songs in that venue. If a cabaret show was a hit and producers wanted to move it to a non-cabaret venue, they would have to secure the rights to all material that is not original or public domain.

[CapnHook]

Posted: 8/8/06 at 11:25pm

Thanks, jrb!

What about non-cabaret houses? What about regional theatres who want to add cabaret shows in addition to their regular season shows? Is there a difference between Equity and non-Equity houses concerning rights?

[jrb_actor]

Posted: 8/8/06 at 11:28pm

Well, I'm no authority on the subject, and I can't be certain how things work outside of NYC. But, I imagine there are similar issues regarding ASCAP. Equity is not a factor for the cabaret houses that are just cabaret houses. I am not sure if a cabaret venue at an Equity theatre has to include Equity in its cabaret matters or not.

[TxTwoStep]

Posted: 8/9/06 at 12:53am

if you are not charging admission, so no profit is being made, then chances are the LEGALITY of the situation is not that problematic. Donations to a charity or non-profit as token admission might get more tricky. The rights houses have much bigger fish to fry in general, though.

[jrb_actor]

Posted: 8/9/06 at 1:00am

Well, that's the thing--you can charge admission for your cabaret for profit.

I think that then becomes an issue with the IRS more than anyone. :)

[Bohoboy]

Posted: 8/9/06 at 1:00am

If a show has a character or a plot then grand rights must be secured. If a show is just a series of songs, then you (or in most cases the venue) must pay a fee to ASCAP for use of the material. It's a flat fee (based on capacity of the performance space) that most cabaret spaces pay quarterly.

[TxTwoStep]

Posted: 8/9/06 at 1:03am

well, judging from the way that LOGAN describes the plans (but not trying to pass judgement in any way), it seems doubtful the enterprise is going to rise to the level of any rights-holders or ASCAP really being concerned. He doesn't call it a real cabaret at all (unless that's implied by the Schwartz website reference). I hope it goes well, though.

[Bohoboy]

Posted: 8/9/06 at 1:11am

The way Logan describes the show, it's doubtful he could secure the rights for the shows from which he/she's extracting the songs. Flip to the front page of any script and you'll see that omissions and additions to published materials are prohibited. Getting the rights to the shows would be useless. It's best to see if the venue he/she is performing in has a license with ASCAP. That's the best way you can make sure that you're playing your cards correctly. And, believe me.... just by posting on this site, someone's surely going to be looking into what is being performed (perhaps Schwartz?) and where it's being performed.(perhaps Katy, Tx) and who it's being performed by (perhaps Applause Theatre Company) all of which took me about 30 seconds to at least give me a clue as to where I should look, and I have no stake in what's being performed.

Seriously... check with your venue.

[AngusN]

Posted: 8/9/06 at 6:18am

When my local society produced a cabaret performance last year, they were advised that they were allowed to perform songs, as long as there isn't more than 3 whole songs in the performance of each show. It was also stipulated that the section of each show must not last longer than 15 minutes and we weren't allowed to wear lavish costumes.

[JBSinger]

Posted: 8/9/06 at 8:57am

OK - As I understand it, if you are performing more than 3 songs from any one show, you need to obtain "grand" performance rights. Cabaret clubs (and theatres) all pay an ASCAP and BMI license that covers the performance of material in their spaces. Most schools also have blanket ASCAP/BMI licenses that cover their performance venues as well. If you do perform more than 3 songs from a show in a theatrical context without the rights, you do run the risk of being fined. You can probably get away with it because these things are not monitored very well. ASCAP and BMI do hire what my old professor would call "little old ladies" to go to performance events and get programs to make sure that royalties are being covered on an event, but I haven't heard any horror stories of people being caught.
For a composer showcase, you need the permission of the composer (if alive) or their representation/publisher. Unless it's Andrew Lloyd Webber, you shouldn't have much problem getting permission to do a composer showcase. most writers are just happy their stuff is being done.

[erinrebecca]

Posted: 8/9/06 at 9:38am

MTI is very picky about this issue when it involves shows to which they have the rights. They include this clause when an inquiry is made:

"(Please note that secondary licensing includes all production whether fully staged, concert, profit, or not-for-profit, etc.)"

They also pursue any group which puts on a production without securing the rights. Last summer a theatre group/camp in Pittsburgh did a performance of Rent, and ended up regretting it.

[Ourtime992]

Posted: 8/9/06 at 10:34am

It is also a common stipulation that the pieces chosen for inclusion in such revues and cabaret shows be performed in a concert setting, without costumes or choreography.

[bwaysinger]

Posted: 8/9/06 at 10:39am

If you do a cabaret, as Jerby said, you'll find that the space generally pays the ASCAP fee and you don't have to worry about it (songwriters file a petition to get paid a share of the fee - cabaret performers, take note: it's nice to send ASCAP A list of the songs you used so they may fairly dole out fees to recipients).
If you decide to string together your own "jukebox" musical, you must indeed secure the rights from every individual rightsholder. The fee is commensurate with the space (When I did assisting for a famous writer, the fees I saw cross the desk for shows like this were minute, as little as $5-$25 for a song or couple of songs), so a cabaret-style space would be pretty cheap.
Of course, with the ASCAP general rights, the authors can't really refuse your use of the song. When you pursue them yourself (for the jukebox), you run the risk of refusal.

[Michael Bennett]

Posted: 8/9/06 at 11:16am

Just pay the ASCAP fee; absolutely the easiest, least expensive way to get around royalties/permission in a "cabaret" setting.

[PalJoey]

Posted: 8/9/06 at 12:39pm

As Fanny Brice once said, "Pay the man the five dollars!"

Posted: 8/10/06 at 7:34pm

I wanted to thank everyone for replying with their opinions and knowlege. It helps alot. I wanted to do this a few years ago, and I was told I needed an ASCAP liscense. I was going to do it through a jr. high. I went to research the requirements for a license, and it said that I had to have written a pice of music that was played in a public place at least once. What do I need to do about that? Did I read wrong?

[jrb_actor]

Posted: 8/10/06 at 7:52pm

I think that's a different kind of thing--that's what writers would get. You want the ability to perform material. And it's possible that your school already has that paid. Check into it.