Pre-show Music
- Thread starterTechGeek
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I'm going to agree with Chris on this. Especially with the fact that you are talking preshow music for a paid performance. You technically need to have the rights to play any music that is still under copyright. The way I get around this is by playing a Jazz CD that the school band recorded and got the rights to distribute. The last thing you want is the RIAA making an example of you.
Even if you play music from the related soundtrack you may require separate rights since it is a public performance and usually not part of the show rights. Your school may already have some blanket public performance rights agreements in place, so check with them but do not assume that purchasing music allows for public pre-show or show use.
As far as the specific music, in general I would say it should fit the show and audience, however the Sound Designer and/or Director may have input into that and you may have to run whatever you choose by some administration representative for approval.
As far as the specific music, in general I would say it should fit the show and audience, however the Sound Designer and/or Director may have input into that and you may have to run whatever you choose by some administration representative for approval.
There is some leeway in the copyright law regarding educational events though, especially if no admission is charged. The best way to determine it is to simply contact ASCAP or whomever holds the copyright and see what they think. If it's selections from the performance piece then you can contact whomever you bought the rights from. There is a lot of music that is within the public domain too, but you have to be careful to find a recording of such music that is also in the public domain (e.g. Bach's Passacaglia in C minor is in the public domain since it was composed in 1708, but an arrangement of it recorded by the Chicago Symphony Orchestra's brass section made a few years back will technically be copyrighted).
RikkiHands
Member
If there's no sound designer for Harvey, you could also select music appropriate to whatever era your particular production is set in -- i.e. the play was first produced in 1944, so if your director has set this production back then, you could come up with a pretty awesome list of popular music from that time. (no Dub Step for this one!) And probably stuff that's in the public domain if you're concerned about rights issues raised by others here -- for my two cents, for a high school production, the likelihood of someone hauling you in for pre-show music is ..... unlikely!
Have fun with it. If there's no sound designer, ask if *you* can design the sound. Pre-show and interstitial music can have a strong impact on the overall feeling of the theatrical experience.
Have fun with it. If there's no sound designer, ask if *you* can design the sound. Pre-show and interstitial music can have a strong impact on the overall feeling of the theatrical experience.
As I understand it, 'educational' use is limited to actual educational use and not to it being a school related event. There are criteria such as being directly relevant to an established curriculum, being part of face-to-face teaching, the portion of the coyrighted content used, etc. that can affect whether a use is considered educational use or not. Very simplistically, educational use seems tied to the teaching aspect rather than the venue and thus pre-show music seems unlikely to be defined as being educational use. It is also my understanding that whether you charge admission is usually irrelevant except possibly in establishing the types and amount of damages incurred by an alleged violation and thus indirectly may be a factor in whether a party may chooses to pursue action.
I agree that legal action for such use is unlikely but what concerns me more is the possibility of giving the impression to students that breaking the law is acceptable as long as it benefits you and you don't get caught.
Educational use can be a wide definition in general. Even events like football games are to be governed as an "extension of the classroom". Now, that's not to say that the guy in the press box blasting hip hop is secure in his use of whatever music he chooses, but in my experience in dealing with people who release copyrights, they sometimes are more accomodating for primary and secondary education, especially if you're working directly with the composer or artist. An interesting movement within copyright law over music is occurring in high school marching bands, where it's relatively commonplace for a band director to arrange the halftime show from popular music. There are more and more cease and desist letters flying around each fall.
When in doubt, call the publisher. It sets a good example for the kids you teach if nothing else.
When in doubt, call the publisher. It sets a good example for the kids you teach if nothing else.
I'm not going to get in the middle of copyright issue. The law is the law. Follow it or not and deal with the outcome of your decision... All that being said, I have had TONY winning designers hand me a playlist for pre-event walk-in music. I know the tracks weren't cleared or paid for. This happens all the time, right or wrong. The further off the grid the presentation is, the less likely you will draw any unwelcome attention. The likelihood that a high school (or summer stock theater in Des Moines, for that matter) will be served a cease and desist or lawsuit is slim to none. Use your judgement for a one-off. For an open-run show, you'd better have all the necessary licenses. I have had designers/guest engineers plug in their iDevice and cue up iTunes radio a lot recently with an appropriate "station", especially for concerts and events. I'm sure there's an issue with playing iTunes Radio for a paying audience as well, even though they subscribe to the service. These are pretty big national acts, however. YMMV. Follow your conscience... Now to the artistic aspect of the question. For musicals, I almost never play walk-in music (though it's up to the designer/director). Lobby music yes, in the house no. I have a four-hour playlist of show overtures/opening numbers (if the show didn't have an overture or one wasn't recorded) that I shuffle in the lobby and courtyard. It's mostly instrumental. I have gotten a lot of positive feedback from producers, co-workers, patrons, etc. For non-musicals, it's strictly up to the designer/director. Sometimes a specific mood is wanted in the audience to better set up the performance, etc. For events, such as your male beauty pageant and talent shows, I would play walk-in that sets a mood/mindset you would like the audience to be in for the presentation. Be creative, but use some sense. There's a reason the sound designer is a designer and part of the "creative team"... All of this being said, how often do you hear walk-in music for any Broadway show, musical or non? Concert? Event? There may be reasons for these choices (beyond financial)... Good luck with HARVEY and the rest of your year!
~Alden
~Alden
RikkiHands
Member
Yes, thankfully, we have the Judiciary to interpret what the law is--and the evolving legal definitions of intellectual property.
To get back to suggestions/advice that NewChris is looking for -- I think Strad had an excellent point about working directly with a composer/artist when possible, and school productions can be good arenas for original music to be workshopped/presented. If that interests you/your director/your designer, you could talk to your school's music dept. to see if anyone in the school community--and beyond--might be interested.
To get back to suggestions/advice that NewChris is looking for -- I think Strad had an excellent point about working directly with a composer/artist when possible, and school productions can be good arenas for original music to be workshopped/presented. If that interests you/your director/your designer, you could talk to your school's music dept. to see if anyone in the school community--and beyond--might be interested.
carproelsofly
Active Member
To echo what RikkiHands said, how about music written/recorded by your classmates? Or a local band? Would they like some free promotion to a room full of people? Win/win!
Another source I use regularly for this is archive.org. There is a huge library of "community" audio, much of which is Creative Commons or Copyleft - meaning you can use it with a lesser (or no) copyright issues. Check each piece for the usage requirements. (For example: "attribution" is a common one, which only requires that you give credit to the artist.)
For "Harvey", although it's from an earlier period, you might search the Library of Congress archives for out-of-copyright music that will help get the audience into the mood of the piece.
Another source I use regularly for this is archive.org. There is a huge library of "community" audio, much of which is Creative Commons or Copyleft - meaning you can use it with a lesser (or no) copyright issues. Check each piece for the usage requirements. (For example: "attribution" is a common one, which only requires that you give credit to the artist.)
For "Harvey", although it's from an earlier period, you might search the Library of Congress archives for out-of-copyright music that will help get the audience into the mood of the piece.
carproelsofly
Active Member
More resources!
Checked the Creative Commons website for the first time in a while, and found this:
http://creativecommons.org/music-communities
Many, many options there. As with archive.org, check the individual tunes for which CC license they've chosen.
Checked the Creative Commons website for the first time in a while, and found this:
http://creativecommons.org/music-communities
Many, many options there. As with archive.org, check the individual tunes for which CC license they've chosen.
David Ashton
Well-Known Member
I once did a show set in a brothel in a country town, I persuaded the local radio station to record their show from 7.30 till 8.30, so as the audience arrived at 7.30 the "show" was synced to real time, adverts, chat and local news.
When the show started the preset went to black and the "radio" continued, as the lights came up the first actor walked on stage and turned off the "radio".
This was a case of really using the pre-show to get the audience in tune with the show.
When the show started the preset went to black and the "radio" continued, as the lights came up the first actor walked on stage and turned off the "radio".
This was a case of really using the pre-show to get the audience in tune with the show.
Timothy A. Samuelson
Active Member
I use a huge variety for walk-in/pre-show music. I occasionally do the nature sounds to set the beginning of a show. I use the most recent KidzBop albums for school functions that have the smaller kids in attendance. I have a playlist on Spotify that I use for the older kids which tends to be the current popular songs. I finally took Uptown Funk off the playlist after a few weeks. I love using a group called the Piano Guys. Piano/Classical arrangements of pop songs. Love Chuck Mangione for jazz or evening dinner type events. It really depends on the show, the crowd, the time of year, quite a bit of things. When I ran community theaters, I always got the cast to make suggestions for the pre-show playlist.
Jay Ashworth
Well-Known Member
This just resurfaced, I see, and I want to fine down the copyright question.
Does anyone have an authoritative answer to this question:
Does non-dramatic, preshow and intermission fill music need to be covered by Grand Rights? Or are ASCAP and BMI blanket licenses at the venue sufficient to protect the producing agency?
The assumption I'm making is "No; Yes", but if anyone has case law...
Does anyone have an authoritative answer to this question:
Does non-dramatic, preshow and intermission fill music need to be covered by Grand Rights? Or are ASCAP and BMI blanket licenses at the venue sufficient to protect the producing agency?
The assumption I'm making is "No; Yes", but if anyone has case law...
flowalex999
Member
So I only have done shows for non profit groups so, and even then there has been different rules. One the role was it the patrons who requested what the songs were could get the name and artists but it was not able to be sold from the group. The other I use Creative Commons music and stuff that isn't is only played for less than 30 seconds
Fountain Of Euph
Active Member
Wind band music, i have found, is a good go to for preshow. Look at Holst First Suite for militarily band in F, Host Second Suite in Eb, Jacobs Music for a Festival and Original Suite, Vaughan Williams Folk Song suite, and Sea Songs.
TimmyP1955
Well-Known Member
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