Posts Tagged ‘dance’

Does Background Music Require A Dramatic License?

Thursday, April 3rd, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

I have written a one-man show. Do I need to get a dramatic license for background music?

Just to make sure we’re all on the same page, let’s review:

In order for music to be “performed” (either live or via a recording) in a public place, there needs to be a “performance license.” Most often, these licenses are obtained from one of the performance rights organizations (ASACP, BMI or SESAC) and, most often, they are obtained by the theater, concert hall, or venue where the performance is taking place.

In order to perform music “dramatically”—that is, to use a composition as an integral part of a story or plot, or to interpret the composition dramatically, such as through the use of movement, costumes, and props—you must obtain a “dramatic license.” Most often, these licenses are obtained by the composer or producer of the dramatic work.

In short, you will always need a performance license to “perform” music. Whether or not you also need to obtain a “dramatic license” depends on the context of how you are using the composition. These contextual distinctions can be articulated as follows: if you plan to stand and perform, you only need a performance license. If, on the other hand, your performance involves sets and costumes and you will be performing the composition to help tell a story, develop a character, or interpret the composition, you will need both a dramatic license as well as a performance license.

In your case, your answer depends on what you mean by “background music.” If the music is being used purely to create a mood or theme and could easily be replaced with other music with a similar mood or theme (ie: “insert disco music here” or “play something peppy here”), then you only need a performance license. If, on the other hand, your show requires a specific work to be performed in the background at a specific time to help you dramatically convey a specific emotion or event in your narrative (ie: “Somewhere Over The Rainbow” plays in the background while you tell the story of the tornado that dropped a house on your sister), and the thought of replacing that work with anything else renders you heartsick and artistically impotent, then you need a dramatic license.

If you plan on re-recording the works (or recording your own performance), changing the orchestrations, or otherwise making any significant changes or adaptations other than those written by the composer, other licenses may be required as well. As a general rule of thumb, when using any creative material you did not create yourself, its always safest to ask first and use later.

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For additional information and resources on this and other GG_logo_for-facebooklegal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

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Posted in Artist Management, Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Music Rights, Publishing, Venues | Comments Closed

Licensing May Not Be Music To Your Ears

Wednesday, August 7th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Since ASCAP does not cover dance or theatrical performances, how does a dance group go about getting the appropriate permissions/ copyright releases needed for their performance? Another word for “permission” or “copyright release” is “license.” Dance performances, like theatrical performances such as opera or theater, as well as any other performance of music other than a concert, most often require two types of licenses for their performances: (1) a “Performance License” which is required for music to be performed (either live or via a recording) and (2) a “Dramatic License” for the music to be interpreted dramatically either through choreography or by performing the music as part of a play, musical, or opera. While ASCAP (as well as BMI and SESAC) does not issue dramatic licenses, they do issue performance licenses. Typically, most venues, theaters, presenters, etc. will obtain yearly blanket performance licenses from ASCAP, BMI and SESAC which allow the music in the ASCAP, BMI and SESAC catalogs to be performed in the venue. In such cases, that means you would only be required to get dramatic licenses for your group’s performances. However, not every venue obtains ASCAP, BMI and SESAC blanket performance licenses. Some erroneously believe that non-profits are somehow exempt from such licenses. Others believe it is the artist’s responsibility while others simply hope they won’t get caught. There are also instances where the music you want to dance to may not be represented by ASCAP, BMI or SESAC. Regardless of the reason, in instances where either the venue doesn’t have a performance license or the performance license doesn’t cover the music you need, you will be required to obtain both performance licenses as well as dramatic licenses. As for how your group actually obtains the necessary licenses, you would need to identify the composer or publisher of each musical work you want to use in your performance and contact the composer or publisher directly. Identifying composers and publishers isn’t actually that hard. ASCAP, BMI and SESAC maintain free, searchable databases, as does the Copyright Office website. You can also search the databases of other licensing organizations such as the Harry Fox Agency (which issues mechanical licenses.) You may have to be persistent and allow for lots of time. Not every composer or publisher will respond right away—or even respond at all. You may need to make repeated requests. If you don’t’ get a response, assume the answer is “no” and select different music. “Silence” is never golden which it comes to licensing. Also, just because you request a license doesn’t mean the composer or publisher will agree. And even if they agree, they can charge whatever they want. Composers and/publishers are free to be as arbitrary as they want when it comes to issuing licenses and setting fees. As I frequently remind everyone, there is no such thing as “industry standard.” If all of this seems daunting, keep in mind that, more often than not, you will be able to get the licenses you need provided you invest the necessary time and attention. Do not leave the licensing process to the last minute and do not assign this task to a volunteer intern helping out at your office. Also, bear in mind that the same rules that may seem to thwart your ability to use the music you want also protect you when it comes to controlling the ability of other dance groups to copy and perform works that you create and control. If all else fails, consider supporting a composer and commissioning your own music. _________________________________________________________________ For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com To ask your own question, write to lawanddisorder@musicalamerica.org. All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously. __________________________________________________________________ THE OFFICIAL DISCLAIMER: THIS IS NOT LEGAL ADVICE! The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

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Posted in Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Non-Profits, Presenters | Comments Closed

Can They Dance Away With My Copyright?

Tuesday, October 23rd, 2012

By Brian Taylor Goldstein, Esq.

I own the video footage of a performance by a dance company. Recently, I learned that another choreographer purchased a license from the dance company to recreate and perform the same work. However, they used a copy of my video to help in recreating the choreography. In other words, they copied the performance which was on my video, but no one asked my permission. Aren’t I entitled to a royalty or a fee? How are the choreography and the video separable?  The only way they could get the choreography was through my video.”

Copyright protects original, creative works that are fixed in some tangible medium. For example, when a playwright creates a script, he or she obtains a copyright in the play. If someone else later videotapes a performance of the play, the videographer may obtain a copyright in the video and, with it, the right to control who can make copies of the video or broadcast the video or sell the video. However, the playwright still owns all rights to the play itself. If another theater wants to produce the play, they only need to seek permission of the playwright–even if they use the video as a reference, so long as they don’t make a “physical” copy of the video itself. It’s the same with choreography. Choreographic works become protected by copyright when either the chorography is written down in choreographic notes or videotaped. However, the videotape or the choreography is a separate copyright from the choreography itself.

In your case, the fact that the other company may have used your video to “learn” and remount the choreography doesn’t mean they necessarily copied your video. You own the video footage. That’s your copyright and no one can make a physical copy of the video without your permission. However, the original dance company and/or the choreographer who created the work own the performance rights.

Of course, what I have given you is a copyright analysis. The real question I have is: what were the terms of your agreement with the dance company when you made the video? Did you even have a contract? Issues such as performance rights, licensing, and permissions—as well as many others, including credit, ownership, control, and exclusivity—are all issues that can be agreed upon in a contract. Not have a contract, and relying solely on copyright laws and statutes, is like dying without a will. If you wanted to receive a royalty every time the work was performed, you could have asked for that, just as the dance company could have asked for a royalty every time you sold or licensed a copy of the video. When it comes to avoiding miscommunications and disappointments, nothing beats a piece of paper…correction, nothing beats a piece of paper with lots of details!

_________________________________________________________________

For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

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Posted in Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Recordings | Comments Closed

Shenzhen Odyssey: A stroll through the 7th International Conference for the Promotion of Chinese Cultural Products

Wednesday, June 22nd, 2011

 by Cathy Barbash

Attendance at a Chinese performing arts trade fair-seminar hybrid is always a surreal affair, equal parts exhilaration, exasperation, unintentional hilarity and unexpected vignettes of our shared humanity. Further to my last post, here are highlights of my recent visit to the 7th International Conference for the Promotion of Chinese Cultural Products in Shenzhen.

International delegations pose in front of the gargantuan Shenzhen exhibition center. Inflatable arches and huge tethered hot-air balloons inscribed with exhortatory messages are all the rage.  The fair covered cultural products in the broadest sense. The more generic provincial exhibits, the furniture, jewelry, crafts and video/new media were housed in this building: the performing arts were exiled to the lobby of the Shenzhen Poly Theatre and an adjacent building.

After the official opening, the inevitable TV commentators discuss the importance of the fair. Though a few foreign officials from Guangzhou consular offices attended, I did not see any foreign press.

Window dressing, surplus labor: seen everywhere at meetings, restaurants, etc. The young Chinese have labeled them “vases”: i.e. they look pretty but don’t do anything.

Looking down onto the exhibition hall floor.

A woman of the Miao minority. China’s minority cultural products were widely showcased. Some displays were tasteful, others felt much more fetishized.

Dance and music showcases sprouted on pocket-sized stages throughout the exhibit hall, often in front of video backdrops of relevant provincial scenery or yet other performances. Domestic media swarmed the most colorful and emotive performances, as well as the important officials as they inspected the exhibits. An ear-splitting cacophony. Unfortunately no separate showcases.

Actors “bronzed” for a revolutionary tableau-vivant. No irony here.

Making the old new. Chinese designers have excelled at adapting the traditional into the arresting modern. Though we rarely see the best of this onstage, occasionally a gifted designer such as Tim Yip will take a break from the movies for a stage production.

Old plus new: The Chinese long ago embraced Western pop and rock. Note the background wallpaper of traditional Chinese drums, and the Thomas the Tank Engine T-shirt on the toddler.

Next generation photo-journalist captures aspiring Chinese hipsters. This could be happening in Brooklyn…..

The mission of the “Hong Kong Newly Chinese Music Association” was not clear, and alas, like many of the booths, this one was unattended, with no English-language materials.

Back at the hotel, recent conservatory graduates provide an afternoon serenade. Such live music is common at the best Chinese hotels. I’d love to see more that in the U.S.

As seen in a bookstore window in a Soho-like Shenzhen neighborhood, “Chutzpah!” is a bilingual cultural journal.

Invited foreign guests=jam-packed itineraries+endless banquets=exhaustion

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Roxane Butterfly at Joe’s Pub

Tuesday, August 3rd, 2010

Most people tap with their feet. Roxane Butterfly began her July 31 performance at Joe’s Pub with a little soft shoe of the hand. It paved the way for the unconventional fare to come: Her confessional, spoken word musings; her call and response, improvised, rhythmic exchanges with the pianist Frederique Trunk and the upright electric bassist Hill Greene; her impromptu finale in which three tap friends hoofed it with the bell bottom wearing lady. Overall, the proceedings had the air of a beatnik revival.

Through Butterfly’s performance format was anything but tight and her costume was anything but chic, this dancer is no flake with her taps. Her mentor Jimmy Slyde, the bebop tap master, gave her his seal of approval, when she moved to New York from France to immerse herself in America’s dance patois. After achieving some well-deserved and hard-worn name recognition in the city’s fiercely competitive dance scene, Butterfly told us that she began to feel the weight of life on and off stage: “I don’t know how I managed,” she said, “to remain in New York for 20 years and remain somewhat romantic.” New York’s tap scene, with its emphasis on virtuoso speed, can be crushing. So Butterfly moved on. Today she calls Barcelona her home, with the understanding that she still spends a good portion of the year on the road.

For her New York homecoming, Butterfly’s one nightstand at Joe’s Pub started as a reflective affair. Not only did she explain to the audience why she left Manhattan, she gave us a taste of her rocky love life. Channeling the voice of what appeared to be her lover, she said, “I hate falling in love with you white bitch. I hate mixing my blood with yours.” Wow. Talk about a theatrical bombshell. I instantly felt like a voyeur. But just as quickly as Butterfly flitted into this heavy emotional territory, she slid out, launching into a solo that was the best of the evening: growing in rhythmic complexity, wholly improvised, and one that was prepossessing without being a grand stander.

Butterfly isn’t one of those performers who agonizes about every little choice she makes. Some times I wish she would. Her poetry—“when morning creeps into night, aching with shame you hear the blame”—leaves a lot to be desired. But her generosity of spirit is infectious. When she invited three of her former tap performer colleagues on stage, she didn’t get annoyed when one of them, the virtuoso tapper Tamango, began hogging the tiny space with his hard-hitting sounds. She also didn’t seem to mind that the evening was going in a completely different direction—away from a feminist act interspersed by nuanced interchanges with her musicians—and toward a reunion of “La Cave,” the underground tap dance scene from the 1990s.

Butterfly’s hodgepodge format worked fine at Joe’s Pub. The place has history, and so does Butterfly. At the end of the evening, she announced that the baby crying at the show’s beginning was hers. In the future I expect to see baby Butterfly on stage with momma. My only hope is that the two will focus more on tapping than on letting their lips fly.

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