As a community theater or non-profit theater organization our budgets are small if non-existent but producing a published musical means buying the rights to use the script, score and to perform the show.

But what about when you aren’t producing the whole show?

TLDR: If you plan on playing copyrighted music you need a license from ASCAP/BMI/SESAC and if you plan on performing copyrighted music you need to contact the publisher for permission.

 There are 3 major license companies that cover the use of music; ASCAP, BMI and SESAC. All give you access to their music library and have blanket licenses to purchase. ASCAP and BMI are available to the public, where SESAC is an invite only source. 

Using Pre-Recorded Music 

If you plan on playing music before, after or during intermission you do need a blanket license through ASCAP or BMI.

Non-original music played during a show is trickier to get a license for. To get permission to use music in this way you have to contact the publisher of each individual song. While it is daunting, obtaining permission from each publisher is the best way to move forward. 

Revues and Cabarets 

If you have a general music license through ASCAP or BMI you still need a “small rights” license to dramatically perform music as part of a revue or cabaret. Also, purchasing the sheet music (which should always be done) does not give the organization the right to perform.

 Below are MTI’s Guidelines around obtaining rights and performing copyrighted music in a musical revue

• No ‘dramatic’ performances of any songs are permitted, unless you obtain permission. The definition of ‘dramatic’ in this sense refers to the use of costumes, sets and dialogue from the original show or the use of music to tell a story or as part of a story plot

• No more than three or more songs should be used from any one title or any one composer.

• Materials obtained with grand rights uses (the right to perform the whole show, usually obtained through MTI) cannot be used.

• The venue must obtain a blanket license to use the songs from ASCAP/BMI/SESAC 

*please note that these licenses and permissions do not give you the right to livestream or post videos online.

While this process seems daunting and a lot of work, obtaining the correct licenses and permissions will protect your organization a seize and desist or worse a lawsuit. There are a lot of resources out there to help you find and obtain these licenses so protect your organization and plan ahead! 

*None of this is professional legal advice and we recommend contacting a lawyer for all legal advice. 

Resources:

ASCAP  BMI  SESAC  MTI 

Citations 

AACT.org – Obtaining Rights

MTIshows.com – Permission To Use A Song