Using existing previously marketed music in stage productions (opera, ballet, theatre, etc.)
Type of use
Using, during a stage production, songs or instrumental pieces that have already been marketed or played on stage. Think, for example, of covering a song or instrumental piece during a ballet, a musical, a stage play or any other form of staged show.
What To Do
- Identify the rights holders of the musical work you wish to use.
- If you wish to use an existing sound recording of this musical work, you will also need to identify the rights holders to that recording.
- Make sure you obtain a licence in due form and negotiate a stage performance fee based on the net ticket revenue and merchandise revenue if need be.
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.
There are differences—notably legal—between a piece of music and the support on which it is recorded on, i.e. a sound recording, sheet music, a video, etc. This is why the rights holders to a piece of music can be different from the rights holders to its sound recording, video or any other mode of fixation. You must obtain the permission from all of the rights holders to use contents they own. This site will give you the information you need about all the steps required to obtain the various permissions required according to the intended use.
It’s important to know that pursuant to moral rights, a songwriter can refuse that their work be used and that pursuant to their right to authorize or deny a reproduction, a publisher can also refuse any such request.
Any additional offstage exploitation, whether it’s on a record, on television, on the web, or otherwise, needs to be covered by separate agreements. The parties can also include all the possible forms of exploitation in their licence. Please refer to the sections about sound recordings, audiovisual productions and any other relevant section.
Related uses
The material on this web site is provided for informational purposes only.