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use of copyright materials

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Topic: use of copyright materials
Posted By: johncamp
Subject: use of copyright materials
Date Posted: 8/18/05 at 4:09pm

What is the correct proceedure for using copyright materials in show posters, pre-show and intermission music, music as part of the the show, Playbill and other advertising. We need to come up with some policies within our group. If rights are required how does one go about getting them. This is beyond the normal royalties for the show and music as published by the author.



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johnc



Replies:
Posted By: tristanrobin
Date Posted: 8/18/05 at 5:09pm
preshow musci and intermission work if performed live or if a
recording is used has a license fee, paid to ASCAP.

individual art work is licensed by the artist or artist's agent. if
you are using original Broadway logos, etc., you can purchase
the logos from Publicity House, Inc. or Music Theatre
International, etc. and the right to use the images is part of the
fee (which is nominal).


Posted By: tristanrobin
Date Posted: 8/18/05 at 8:58pm
I'm sorry - I just remembered - my group paid ASCAP, so we
only used music that was licensed through them. The other one
(that carries the rest of the music not handled by ASCAP LOL)
is BMI.

Your group would probably want to just join one licensing
corporation and then use the music they handle. Once in a
while there will be a song not covered, but for the most part,
ASCAP really has everything (famous last words LOL)


Posted By: POB14
Date Posted: 8/19/05 at 10:39am

http://www.ascap.com/licensing/generallicensing.html - http://www.ascap.com/licensing/generallicensing.html

http://www.bmi.com/licensing/license.asp - http://www.bmi.com/licensing/license.asp

And, lest we forget SESAC (in case you want to use Ludacris's Get The F*** Back):

http://sesac.com/licensing/licensing.asp - http://sesac.com/licensing/licensing.asp

Edit to add:  Hey, I got promoted to Lead.  Either that's pronounced "leed" and it means I've got 30 posts, or it's pronounced "led" and describes my attempts at humor.  Either way,



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POB
Old Bugger, Curmudgeon, and Antisocial B**tard


Posted By: Gaafa
Date Posted: 8/21/05 at 9:51pm
G'done POB!
Congratulations!



-------------
      Joe
Western Gondawandaland
turn right @ Perth.
Hear the light & see the sound.
Toi Toi Toi Chookas {{"chook [chicken] it is"}
May you always play
to a full house}



Posted By: 75director
Date Posted: 8/22/05 at 4:19pm

To make a little clarification, ASCAP and BMI licenses only cover the rights for background music such as general background music.  It does not cover using a piece of specific music within the dramatic context of a show, such as scene changes or underscoring a scene, etc.  Those rights must be obtained from whoever owns the rights to that specific performance of piece. 



Posted By: tristanrobin
Date Posted: 8/23/05 at 7:32am
75director,
what does that mean?
LOL
ascap covered all the music requirements we used in plays for
years.
are you talking about original specific music written for a show?
(such as the score for "the glass menagerie?" or similar thing)


Posted By: johncamp
Date Posted: 8/24/05 at 1:43pm

Thanks for the leads. We contacted both BMI and ASCAP. BMI did clarify that the anual coverage fee would cover the use of music withing the context of the show as well. It sounds like you have similar arangements with ASCAP.



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johnc


Posted By: 75director
Date Posted: 8/24/05 at 2:43pm
Well I guess you learn something new everyday.  I had always been told ASACP and BMI didn't handle those types of rights.  Just joined this thing and already am reaping the benefits.


Posted By: POB14
Date Posted: 8/25/05 at 10:53am

I think what 75director is thinking of, is this:

What ASCAP and BMI don't cover is a song that's actually part of the show.  Musicals, for example; when you license Oklahoma! from R&H, your rights package includes the songs -- you don't go to ASCAP for those rights.  That's why musical royalties are so high. 

Even if a character just sings one song -- wish I were home, I'd give you an example -- A Thousand Clowns; the guy and the kid sing "Yes Sir, That's My Baby."  You'll see a footnote in the script to the effect that "hey guys, your license doesn't include this song, okay?"  I believe that typically ASCAP doesn't do those rights, either, because they consider it dramatic performance, and you have to go directly to the copyright holder to get the rights.  ("YSTMB" may be in public domain by now, I have no idea, but you get the point.)

johncamp: G'donya, as Gaafa would say.  Great to hear you're taken care of.

Gaafa: thanks for the congrats.  Where in Oz ya from, mate?  My wife lived there for a couple of years in her high school days, long before she threw her life away to marry me, and still occasionally slips into the patois. 



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POB
Old Bugger, Curmudgeon, and Antisocial B**tard



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