It seems like every month there’s a post on one of the theater related Facebook groups asking a question about using music in plays and Copyright for Theater. And then the WRONG answers come rolling in. Here’s the real scoop.

So, I am not an attorney, and I don’t play one on TV, but I have researched this and confirmed it with a highly respected entertainment lawyer. You can believe me or not, but at your own risk!

There are basically two ways that recorded music is used in a theater setting. The first involves the use of music before your show, during intermission, and after the show. The second involves the use of music within the show, as transition or underscore. Each requires a different license, from a different party.

For your pre-show, intermission, or post-show music, a Public Performance License is required for each recording. The easy (and really only practical) way to accomplish that is with a blanket license from ASCAP and BMI. These licenses is cheap, and even cheaper if you are a member of the American Association of Community Theaters. Get that license, and you are covered for any ASCAP or BMI listed song for everything EXCEPT what happens on-stage when the lights go down. Songs you play may be represented by ASCAP or BMI. Artists like Taylor Swift, Sam Smith, and Lady Gaga are all BMI artists. Most older material is listed with ASCAP. And again, this is ONLY for before the show, after the show, and during intermission.

For music used within a dramatic presentation, you must acquire “Grand Rights” from the original author/composer of the piece, or their heirs or designee. Often this will be a publisher. It is NEVER from ASCAP or BMI. In fact, ASCAP and BMI are actually prohibited (legally) from offering Grand Rights. Also, note that this has nothing to do with the recording you are using. These rights come from the person(s) who COMPOSED the tune. Finding the rights holder can be easy or darn close to impossible. Once you track them down, a letter (or sometimes an email or phone call) asking for permission to use the song gets the process started. Make sure you explain what you are doing, identify your theater, and tell them exactly what excerpt of the song, and approximately how long the excerpt is.

From that communication you will either never hear a word from them, get permission, get a denial, or get a request for a license fee. The fee may be nominal, or it might be astronomical.

HERE’S THE IMPORTANT PART (and the part that is confusing, and often just flat wrong in online comments).

You do NOT need permission from the record company or recording artist to use a piece of commercially recorded music within a play. US copyright law grants no performance rights for a musical recording. As far as the music itself goes, Grand Rights from the composer/author are the only rights required. The AACT has a great primer on the whole subject right here, (except this link is now broken!) if you want to read more!

There are other pieces to the puzzle, like public domain, and making a recording of your show. Copyright for theater and plays can give your a headache! But you CAN get rights to use music in your next show legally. If you need some help getting it done (affordably of course!), I can do that! Please reach out to me here! I am happy to help.