Music in Theatre

When a musical work is to be performed in a Dramatic Context, specific approval must be obtained from the copyright owner. This is because such a performance takes musical works out of the context for which they were written and places them in a new context. Copyright owners exercise careful control over the use of works in a Dramatic Context in order to maintain the integrity of the works.

APRA often acts on behalf of copyright owners to license the use of their music in Dramatic Context performances. Contact APRA to obtain a licence for a musical work performed in a Dramatic Context.

Dramatic Context

Performances of musical works in a Dramatic Context can occur in three ways:

I. in conjunction with acting, costumes, scenic accessories and scripted dialogue; or

II. In conjunction with acting, costumes, scenic accessories and other dramatic effects; or

III. As a ballet*

*A ballet is defined as a choreographic work having a story, plot or abstract idea devised or used for the purpose of interpretation of dancing and/or miming.

There are some Dramatic Context performances that APRA is unable to license, for example, Grand Right performances.

Grand Rights

Grand Right performances are grand scale works such as operas, operettas, musical plays, revues and ballets (for which the music was originally written), oratorios and large choral works (exceeding 20 minutes), eg Phantom of the Opera or Grease.

If your performance is an exercise of a Grand Right, you must contact the appropriate publisher (or their agent) of the musical work to obtain their authority for the performance. APRA can assist you in locating the correct publishers.

Small rights

Small Right performances are those which are neither in a Dramatic Context nor an exercise of a Grand Right eg a concert such as The Three Tenors.

You must obtain a licence from APRA if your performance is an exercise of a Small Right.

Applying for a Dramatic Context Licence

Permission to publicly perform musical works in a Dramatic Context must be obtained prior to the performance. As this procedure can take some time, we advise that you contact APRA at least EIGHT WEEKS before your first performance. You will need to complete an application form with details of your performance and the musical works you wish to use, and return it to APRA.

An online Licence application form can be found on our website at:www.apra.co.nz (see Music Users > Theatre)

Fees

As APRA only acts as an agent for the copyright owner, the fee for Dramatic Context performances varies depending upon the musical works you wish to use. Fees are based on a percentage of gross box office receipts, with a minimum licence fee of $50.00 plus GST.

Other Licences

If you want to change the lyrics of a musical work, are intending to play sound recordings (eg CDs), or want to reproduce the musical works in any way (eg videotape or photocopy) you will need to obtain permission form the relevant copyright owners. APRA can provide you with their contact details or help with any other unique licence queiries.

Copyright

A musical work is automatically protected by copyright as soon as it is recorded in some way (eg it is written down on paper, recorded on tape or saved on a disk).

Copyright in musical works and lyrics last from the date of their creation until 50 years after the composer or lyricist’s death. If a work is not published, broadcast or performed until after the death of the creator, then copyright lasts for 50 years from the date of first publication, broadcast or performance.

A copyright owner has a number of exclusive rights under the Copyright Act 1994. One of these is the right to perform their works in public. This means that no one may perform the work in public without the authority of the copyright owner. The unauthorized use of musical work constitutes an infringement of the owner’s copyright, for which the owner may take legal action.

Copyright protects the intangible products of composers’ creativity. It encourages the production of musical works by enabling composers to receive a fair financial reward for the use of those works.