Theatre Licenses

The simple answer is that you can't - well, at least any kind of automated system. The actual licenses to perform have to be applied for manually - mainly so they can scrutinise who is doing what and then reject those they don't like. In all cases, the performance rights specifically exclude any form of video rights (apart from in a very small number of works designed for examination - where the exam board require a video for the marks). In this case, the actual recording is closely guarded.

It's possible, however, to contact the rights holder directly (or at least, their agent) and attempt to negotiate a one-off permission. However - be willing to be turned down again and again - especially if you intend to sell it. Some amateur organisations do get permission to make a copy for their members, but I've only come across that once or twice, and that was with new authors.

Almost all of my video work comes from theatre recording - but my specialism is in archive copies commissioned by the rghts holders themselves. Even this is tricky. The Musicians Union have a clause in their contracts stating their members will allow an archive recording to be made - but without extra fees, their performance cannot be used in a DVD that will be sold. NODA - who have most amateur societies as members advise their members NOT to make video copies of any copyright work. Some, of course, do. However selling it and advertising it would be a major problem - and if it got known they did it, then getting their performing rights might start to get tricky.

The wedding people have ready made license systems to help them do their job, but there is no similar system for plays or musicals. There is the Limited Manufacture License - this will do the job for music, and is easy to work. Rules are fairly simple. The musicians must NOT be signed to a record label. They should be amateur, although professional musicians are OK, subject to the signed artiste rule. All you need to do is decide a rough genre - pop, jazz, etc and a few other details and you can make a DVD run up to the quantity you pay for. These can be sold - I do them for bands who want merchandising CDs and DVDs. Plays and Musicals? Far too complicated. Musicals especially so. I've done these too, and it really means negotiating individually for every song. Not too bad if they're all by the same composer and lyricist - but a nightmare if they're popular songs made into a musical. Often, there are also other people with interests in the work. Script, Songs, Scenery, Lighting, Sound, Music, Special Effects, Choreography - all these creatives may have protection in their contracts - so if the group copy a dance routine from the original show, the choreographer might object.

I'd estimate 90% of what I shoot is never seen by the public. I don't have any rights in it, I just shoot the material, and get paid. Very occasionally, I'll see some of it used in advertising the show, or promoting something - but to be honest, it's rare.

Video is fine for dance shows - very few care a jot about copyright, they just use it.
Plays might be ok - but you will have to ask the author and provide some information - but prepare for a no.
Musicals - a virtual no hoper - but worth asking.

Concert performance are a different beast. These are usually music from the shows, sung by people in posh frocks and dinner suits - these might get permission.

I nearly got permission to do a Disney product a few years ago - the musical had never been staged in the UK, and Disney in the US were willing to license a concert version, but the company who wanted to do it wished to add costumes and makeup, and this was what led to the NO decision. No costume, no special lighting and no character makeup - take it or leave it.

You'll often find you get told the group already has permission - when I get told this, I seriously doubt it, but if they put it in writing, I tend to use this as 'gospel'. I doubt it would stand up in court, but that's a risk I have to take.
P

Can't get more comprehensive than that!

Thanks for the information! I've had some experience with Limited Manufacture Licenses and dance shows, but the amateur theatre route sounds like a complete and utter hassle unless you get lucky with who the rights holders are!

Ben

Being realistic - the chances of getting a release are pretty slim, unless you actually know them. When I was teaching, something I got into by accident - the college always put on a big show each year at the end of the course - it was always a hassle finding a suitable one, and quite expensive. One day a student suggested a show they'd seen - and the staff poo-poo'd it as it had never been done outside the professional production. I happened to know the author, so asked him. He expressed doubts the students could do it - but said if I wanted to try, he was happy. The only condition was that I'd have to clear all the music used - which I did, but that was a nightmare. He sent me a word version of the script - and that was that. He even came to see the show.

Other attempts have been slammed shut straight away. The worst was a famous childrens author who's name was a bit unexpected, and looks like a anagram (work it out). A casual enquiry about one of his characters in a new song being written brought an unexpected result. We'd started work on a song, which featured his character. We'd even shot a little test footage to see if the idea worked. Instead of a yes or no, we got a solicitors letter instructing us to cease and desist from using the name in any shape or form.

So my advice would have to be avoid musicals and plays - unless somebody else handles the clearances.

As an aside, plays are horrible things to do, because even when you have multiple cameras, sound is always a real nightmare!