I’m not sure I’m the right person to write this post, but it’s a question I’m dealing with this week…so I’m gonna give it a try. Please add your thoughts and comments if you have tips to add or if you spot mistakes I’ve made.
Although I have a fair amount of experience licensing my music to TV and film, I’ve actually only licensed my music to a theatre production once before. However, now that I’ve been approached a second time, I think it’s time for me to try to figure out the process a little better. I guess this blog is as good a place as any…I hope this post helps you or someone you know. Please chime in if you have some licensing tips to offer.
When you write and copyright a song, the U.S. government grants you certain privileges of ownership–the right to record the song, the right to publish it in sheet music form, the right to synchronize it to moving pictures, etc. One of the rights that is explicitly spelled out in the law is the right to have your song included in a dramatic work. For example, a play. With this right, you (as the copyright owner) have the ability to license your song for use in theatre productions as you see fit. Of course, you can give away this license for free, or you can charge for it, or you can decide not to allow someone to use it…it’s entirely your choice as the copyright owner.
If someone approaches you to use an existing song of yours in a theatre production, you should start by asking the following questions:
1. Which song(s) of mine do you want to use?
2. How will the song be used in the play–which scene, will it be sung by a character, will it be in the background, will it be the main focus of the action, will it be performed live (and by whom)…etc.? You should ask for a copy of the script if you think you’ll have time to read it.
3. Where will the play be performed? Will it be a local production or a touring group?
4. Will the production company charge admission to see the play? I offer my music for FREE to anyone who wants to create something based on it–as long as they don’t make money on their new work. If the playwrite/director intends to put on a free production–that’s great…they can use my music free-of-charge. I do this through a Creative Commons license. However, if they intend to make money on it, I think it’s only fair they pay me as well.
5. How long will the play run for? (They may not know, but they may indicate how large a production you’re dealing with.)
6. What is the music budget?
The answers to these questions will help you determine:
-If you want your music to be a part of the production.
-If you want to license some or all of the music they want for free.
-How much they’ll offer for the license to use the song.
When you figure this out, you can work out a deal for the song(s) and issue them a license.
For smaller productions, you’ll probably have to draft your own license.