Understanding Copyright Laws Regarding Your School Musical

The highlight for many students involved in their school music programs is the production of the annual school musical, which often centers around members of the school chorus and involves band members and students with other talents as well.

A school musical can provide opportunities for student stagehands, lighting and sound technicians, dancers, costume designers, choreographers, artists, directors and, of course, actors. All of those skills are needed as part of the team that will produce a successful show. The collaboration of so many students who might not connect in any other way always makes for a memorable experience for everyone.

The intellectual material needed for a school musical includes the script and the accompanying music. The script contains the dialogue, the stage direction and descriptions of each scene. The music provided includes the vocal parts as well as any accompaniment needed – from basic piano scoring, small pit band parts to full orchestra or band arrangements. By using this material, the music director and stage director can lead actors and singers, direct set and scene construction, create designs for sound and lights, and rehearse the accompanying ensemble to bring the production to a successful performance. And all activity is controlled through the licensing of the material and governed by the copyright laws that it falls under.

The dividing line between how the material can be used without paying for a license and when a fee and permission is required is fairly straightforward. The Educational Fair Use aspect of our copyright laws allows schools and their teachers to use a broad spectrum of material for free. This includes the music that the band, chorus, orchestra and jazz ensemble rehearse during the school day (or afterwards) and performs in concert for their student body, school community or parents. As long as it is being used educationally (and for non-profit), the music, legally purchased of course, can be performed.

Licensing and paying the appropriate fees comes into play when one or more of several conditions is met. Once you include any of the dialogue or acting, you must have the license and permission. Even if you are acting out just one scene in the classroom as a way to put the music in context, you need official permission. If you use any of the stage direction or staging to perform the music in your concert, you need to have paid the license fee. And if the performance is for the general public and not just the students’ families, even if you only perform a portion of the work, you must have permission.

The same scenario is in effect for the financial aspect as well. Charging admission to your performance requires the payment of the license fee. Applying for the license will include questions about how many performances are scheduled, how many audience members are expected to attend and how much tickets will cost. The cost of your license will vary based on those answers, but fudging the numbers to save a few dollars on fees is never worth the effort. And the license must be acquired and the fees paid even if your performances are only sections of the entire work and do not include all aspects as laid out in the material provided.

While there are some musicals where the copyright has expired (West Side Story, Les Miserables), to obtain the material you still need to apply for the appropriate license. But the process is relatively simple, made even more so by online capabilities.

Once you have decided on a musical, you can contact the licensing agency and complete the application form. The agency will review and respond with an offer on what the fee(s) would be for your use of the material. The agency will also set forth any restrictions or guidelines in regard to your use of that material. You can accept that offer, change your plans and reapply, or consider a different musical. Some schools have an account with a specific licensing agency and each year select a musical from their catalog. The catalog includes general guidelines and fee structure about each musical. But plan ahead to get the license taken care of early in your planning process.

It would be nice if schools could perform musicals without paying the licensing fee, but most agencies are very reasonable in what they charge. And those monies go to the composer and playwright – their only compensation for the work they put into writing the musical initially and then making sure that it was arranged so that your students could perform it. It seems so little to ask for so much benefit to your school music program and school community in general.