Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Obtaining Licensing Rights for Your Broadway or Off-Broadway Production

Author: Brian D. Spector

Date: July 25, 2024

Key Contacts

Back

Most Broadway and off-Broadway productions require the licensing of third-party rights. Whether you are looking to turn an existing literary work into the next award-winning musical or incorporate a popular musician’s song into your production, you will need to obtain these rights.

Because negotiating licensing rights can be a daunting endeavor, it is always advisable to work with an experienced entertainment attorney. A skilled theater attorney can shield you from infringement liability, while also securing a licensing agreement that advances your business goals.   

How Do Copyrights Impact Theatrical Productions?

All original works immediately and automatically attain common law copyright status as soon as they are put in writing. Under the 1976 Copyright Act, the copyright owner has the exclusive right to reproduce, adapt, distribute, publicly perform, and publicly display the work. Accordingly, before producing a play, musical, or other theatrical work, it is often necessary to obtain legal permission, typically in the form of paying royalties to obtain a license. The requirement applies whether you are a Broadway production, community theater, or local college.

What Theatrical Licenses Do I Need to Obtain?

Every theatrical production will require different licenses. Most plays and musicals rely on a book or written script, which is protected by copyright. In order to use the copyrighted material, the producer must license the rights from the owner(s), which may be the author or a publishing company.

Music Performance Rights

Many Broadway productions also involve music, and these rights are often the most complex. Copyright may attach to both the lyrics of the song and the performance of the song.

When pre-existing music is incorporated on stage in a non-dramatic fashion, a blanket public performance license is required. This is also referred to as a “small rights” license. These rights are typically controlled by performing rights organizations, including SESAC (Society of European Stage Authors and Composers), ASCAP (American Society of Composers, Author and Publishers), and BMI (Broadcast Music, Inc.)

For dramatic performances, a “grand” performance rights must be obtained from the owners of the composition. The terms “dramatic” or “nondramatic” are not defined under the U.S. Copyright Act. Accordingly, the line between “dramatic” and “nondramatic” performances is not always clear. However, the general rule is that a dramatic performance tends to involve using the work to tell a story or as part of a story or plot, such as in a Broadway musical.

Many productions will require other music licenses. For example, if you release a video recording of your show, and it includes a copyrighted song, you will need a synchronization license. Additionally, if you release a CD recording or digital download of your show, you will need a mechanical license.

Copyright in Set Design, Choreography, and Other Elements

Many of the other elements of a theatrical performance, such as set design, costume design, lighting design, and choreography, may also be subject to copyright protection. These types of licenses frequently come into play when producers mount regional productions and tours.

For instance, when designing a set, set designers often create design drawings, miniature models, and other materials that may be subject to copyright. Choreographers may also record dance routines using videos, photographs, dance notations, text descriptions, and other means, which may also be subject to copyright protection. That means you must secure a license before incorporating them into your production.

What Should Broadway Licensing Agreements Contain?

To minimize the risk of costly disputes, licensing agreements should clearly specify what rights are granted, what rights are reserved, and under what specific conditions the licensed content may be used. For instance, a rights agreement should specify the rights granted to producers to perform the play or musical, as well as the number of performances, dates, and venues. It should also address whether the playwright, composer, or lyricist retains ownership of the copyright in the work.

Payments may be made in a lump sum, through reoccurring royalty payments, or both. While the amounts and timing may vary, it is imperative that licensing agreements establish what contractual fees will be paid, as well as the schedule for such payments.

It is also important to note that making changes to any portion of the copyrighted material is often a copyright violation. Should you wish to alter a script or musical composition, you must generally first obtain written permission from the copyright holders.

What Happens If I Don’t Get All the Proper Licenses?

Failing to obtain all of the proper licenses can spell disaster for your show. In addition to potential legal liability for copyright infringement, your production will likely be halted and you may suffer significant harm to your reputation.

Given the complexity of copyright law and the importance of negotiating a licensing agreement that protects your best interests, producers should work with an experienced Broadway attorney who fully understands the intricacies of the industry.  By consulting with legal counsel at the outset of your production, you can more easily determine what licenses will be required and establish a comprehensive strategy for securing them.

Consult With an Experienced NYC Broadway Attorney

Scarinci Hollenbeck’s Entertainment & Media Law Group features talented attorneys who understand how to successfully navigate New York City’s commercial and non-profit theater industries. In addition to representing producers of Broadway, off-Broadway, off-off-Broadway, and regional productions, we also work with playwrights, lyricists, composers, choreographers, and other rights holders to protect their rights.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"
Gross Lease vs. Net Lease: Understanding the Key Differences post image

Gross Lease vs. Net Lease: Understanding the Key Differences

Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]

Author: Robert L. Baker, Jr.

Link to post with title - "Gross Lease vs. Net Lease: Understanding the Key Differences"
What to Do If You Are Impacted by a Retailer Bankruptcy Part 2 post image

What to Do If You Are Impacted by a Retailer Bankruptcy Part 2

Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]

Author: Brian D. Spector

Link to post with title - "What to Do If You Are Impacted by a Retailer Bankruptcy Part 2"
The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business post image

The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business

Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]

Author: Dan Brecher

Link to post with title - "The Current Administration's Proposals for the Financial Services and Banking Industries Will Affect Your Business"
Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1 post image

Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1

The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]

Author: Brian D. Spector

Link to post with title - "Tips for Commercial Landlords Impacted by Wave of Retailer Bankruptcies Part 1"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: