2004
Director's Meeting
Part 1: Copyright
Part II: Funding
Part III: Diversity
Part I. Copyright:
1. Introduction: About copyright law
Scott Brumit (Longwood Opera): When Senator Sonny Bono was hired, under the table, by Disney to protect the Mickey Mouse Logo, the laws were changed so that works written before 1950 remained under copyright for 75 years instead of 50.
David Walther (Acting Singers Project): (expanded for completeness:) I heard that works written before 1923 are in the public domain; works written between 1923 and 1963 works go into the public domain after 95 years; for works written after 1963 it is the creator’s life plus 50 years.
SB: Publishers give conflicting information. We should get definitive information from Volunteer Lawyers for The Arts. These strict laws lead to lack of support for contemporary music. Such support is very important. One can, however, make arrangements with living composers if they can be contacted.
2. Horror stories of people who got caught
SB: 1. Randall Thomson discovered that a college chorus was using photocopies of his work. He asked for, and received, a photocopy of the piece in question and there was a HUGE law suit. 2. A local company was given the rights to perform two evenings of a copyrighted music theater piece. They oversold and had to do a third night. Someone called the publisher: Music Theatre International. MTI is one of the nicer ones (compared to Boosey and Hawkes and Schirmer). MPI blacklisted the company. When a company is blacklisted, everyone involved (performers, directors...) is also blacklisted for a period of time and performance rights will not be given.
Kathryne Jennings (Opera Providence): Are all of these people doing “Amahl and The Nigh Visitors” paying royalties?
DW: An unnamed group wanted me to set “Winnie-the-Pooh” which is under copyright. The group said they could do this because they were non-profit. Is this Kosher?
Everyone: NO!
KJ: If caught, one can be in big trouble.
DW: Luckily, the production did not materialize.
3. If a copyrighted work is changed the estate or publishers may not allow the work to be performed
SB: When I was music directing “Porgy and Bess” the Gerswin estate had everyone in the production sign a document that the work would not be changed at all, otherwise there would be legal repercussions.
KJ: Trinity Rep (Providence) is doing “West Side Story” and wanted to have a female chorus member say the phrase “Let’s rummble!” The Bernstein estate would not allow it.
SB: That is very strict about not allow anything that would go against Bernstein’s intentions.
KJ: Last year The Trinity Rep wanted to do “Annie” with a different ending: she wakes up in the orphanage and it was all a dream. The publishers stopped the dress rehearsal, and would not allow this change. They do this all of the time. Sondheim said that they (TR) could never do another of his shows. He changed his mind when Trinity presented an award to him.
George Arthur (Cape Cod Opera): It would be nice if we should change the endings of the the standard operas. (Laughter!)
SB: Changes often get awards especially in Germany.
Stephen Marc Beaudoin (The Vox Consort): In “Jacques Brell...” Scott Edmondson shifted order of songs, started with darker song, and the estate liked it. The Weill Foundation had no problem with a recent “Three Penny Opera.” It all depends on the foundation involved and one’s relationship with it.
4. Works performed in Concert Format: Publishers do not charge much for up to two unstaged selections from a work, if performed with piano.
Judy Lamoine (Lowell Opera): What if one does selections in concert format?
SB: What I found working with Boosey and Hawkes and The Berstein Foundation is that 2 is the magic number. More than two pieces (which can sometimes also mean three) then one doesn’t have to rent the whole show, and fees are considerably lower. Two selections from “West Side Story” cost us $50. If they are staged then one has to buy whole show. Also, orchestral rights and rentals cost much more. If a work is in the common domain, then one can do as one pleases.
5. Legal Loop Holes
Loop Hole 1. Use scores from before 1928; with your own translations
DW: There is another legal loop hole: go to The Newton Library, for example, and take out scores published before 1928, The Boston Public Library doesn’t allow the use or photocopy of older books OR of works STILL in copyright.
SB: One can use The Minuteman Library Circuit.
DW: One may want to use the latest critical editions of these works, and these would still be under copyright. Publishers update them to insure that they are.
SB; It is extremely difficult to tell which edition the music is from.
GA: One might run to trouble with the translation.
SB: The rule of thumb is: do your own.
DW: If one goes back to 1900 one will run into some very interesting language.
SB: “How art thou, my dear feathered friend?”
DW: “In your pantaloons of green and red.” The Newton Library has all of those too.
Loop Hole 2. It is legal to paraphrase or parody a work and perform it
SB: Brian Holmes wanted to write a piece on “Winnie-the-Pooh” for voice and brass quintet. The A. A. Milne estate refused to allow the use of the text. Mr. Holmes set the text in German, so it was a “parody” and therefore not subject to copyright law.
Loop Hole 3. Go to the composer and circumvent the publisher
Beth MacLeod (Opera by the Bay): We contacted Thomas Pasitieri to ask him to be a part of the production one of his operas. We told him that we are a non-profit organization, involved with a non-profit conservatory (South Shore Conservatory). He is excited about it, so this may circumvent problems with his publisher.
Loop Hole 4. If one doesn’t charge at the door one MAY not have to pay royalties if one bought the scores
KJ: If one receives a grant to perform in schools, and doesn’t charge tickets at the door, what are the copyright implications involved? Does one have to get permission?
SB: As I understand it, and my understanding is limited, since one isn’t selling tickets, and one has bought all of the copies of music being used, one doesn’t need to get permission. This is where it would be great if we could get some definitive statement from The Volunteer Lawyers for The Arts.
Loop Hole 5. An ASCAP license ($25 a year) allows for usage if one buys the scores and sends them a program.
Michelle Graveline (Salisbury Singers): Also one is fine if one has a group ASCAP license which costs $25 a year. One has to send them a program and buy the printed music.