Commissioning original music for stage productions (opera, ballet, theatre, etc.)
Type of use
Commissioning original music for stage productions destined to be presented in public (grand right). Think, for example, of a stage performance of serious or contemporary music, operas, ballets, musicals, stage plays, etc., that include staging, narration, an intrigue and/or costumes and a set.
What To Do
When commissioning music, the stage performance rights (grand right) must be negotiated directly with the publisher or the songwriter and their agent. The producer will either pay a lump sum or a percentage of the net ticket revenue to the publisher or songwriter, either directly or through SACD, a society songwriters can mandate to collect their fees.
Clarifications and cautionary statement
In the case of the exploitation of a stage production that includes music, we are faced with what is called the “grand right,” as opposed to the “small right” that includes unstaged shows, public performances on the radio and television, synchronizations, streaming, downloads, mechanical and graphic reproductions, all of which are uses that are managed by the collective rights management organizations and publishers.
Any additional offstage exploitation, whether it’s on a record, on television, on the web, or otherwise, needs to be covered by separate agreements. However, the parties can also include all other possible forms of exploitation in the commission contract. Please refer to the sections about sound recordings, audiovisual productions and any other relevant section.
Related uses
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