Can I use songs from musicals in a play I’m writing without purchasing royalties for each song?

October 4th, 2007 | by songs |
songs
Andy D asked:


I’m planning on creating a play using villians from various plays and musicals coming together and I would like to use songs from some shows (ie Sweeney Todd). My production budget is pretty slim, as in, whatever i can afford and I just want to know what i’m getting myself into royalties wise.

COY
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  1. 5 Responses to “Can I use songs from musicals in a play I’m writing without purchasing royalties for each song?”

  2. By Lauren R on Oct 6, 2007 | Reply

    As a writer, I’d have to say no, as in, no way; however, you might want to check in w/ a showbiz lawyer, esp. if any of the “characters” you might be using might be copywrited or otherwise protected, as well.

    And anyway: why copy when you can do come up w/your own original slant using some of the character traits you find the most compelling?? “Heroes” was hardly original, after all.

  3. By johnski415 on Oct 8, 2007 | Reply

    It’s copyright infringement

  4. By ChameleonGirl on Oct 9, 2007 | Reply

    Unfortunately you cannot use material that is has copyright, but you can create your own characters with similar personalities.

  5. By Elder Decker on Oct 11, 2007 | Reply

    There’s no quick answer here. If you plan to make a profit from the play, you must observe the copyright. If your play is strictly educational, that’s more of a grey area, although music publishers are hard to get around even when you claim fair use. You might only be able to include small portions of the songs.

    As far as royalties go, some playwrights handle them personally to some degree, and others belong to organizations that do it for them. Some provide a sliding scale, depending on how many seats you plan to fill, the venue’s location, etc. (It wouldn’t make sense to charge a community theater the same as one on Broadway.) They may also require that you adhere to certain conditions, down to printing programs a certain way. They have to guard their property, which includes protecting how the public perceives the work. (Interestingly, you’re allowed to use the work without permission if you’re doing a parody of it, as fair use includes criticism. People couldn’t make fun of things if they had to get permission to do so. On the other hand, this is also a grey area, and artists are constantly in litigation over it.)

    Regarding the characters, you’d also have to get permission for those, unless they’re older than copyright law or old enough to have entered the public domain, which is generally ninety-five years. (It varies from country to country, and there are some exceptions.) “Sweeney Todd” (the character and basic story) is free to use as far as I know.

  6. By Tim A on Oct 12, 2007 | Reply

    It varies widely on how the show is structured. Generally, no, you cannot use someone else’s music in a show you have written without prior permission. If the show is structured as a revue or talent show you might be able to get away with it. And whether or not you are charging admission may play into it as well. Better to check with an entertainment lawyer than getting a fine afterward.

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