Music in Theatres - Frequently Asked Questions
Why does a theatre need a PRS Music Licence?
Any music which is played outside the domestic or home life is regarded as a public performance. The Copyright Designs and Patents Act 1988 means that if you use copyright music in public to lawfully do so you require the permission of the copyright owner for every piece of music that is being performed.
PRS makes it easy to obtain the necessary permission by issuing PRS Music Licences. A PRS Music Licence allows you to lawfully play a vast repertoire of millions of songs, written and published by our members and those of our affiliated societies throughout the world.
Does this section apply to you?
This section applies to you if you are a theatre, part of production management, part of theatre management, an amateur dramatic society or an operatic society.
Who needs to obtain a PRS Music Licence for music in theatres?
Both theatre managers and theatre producers need to be aware of their obligations to PRS. A theatre manager cannot avoid their obligation to PRS by getting an indemnity from the producer.
What use of music in theatres does PRS license without the need for special clearances?
A PRS Music Licence is required for the performance of Overture, Entr'acte and Exit music. No prior clearance is necessary.
Incidental music is music which is used as part of the play. It can be used to add atmosphere to action within a stage play, as well as being played during scene changes. This use of music requires a PRS Music Licence.
A PRS Music Licence is needed for all concerts at which copyright music is performed, except for complete concert performances of dramatico-musical works which are licensed by the individual copyright owner. However a PRS Music Licence is not only needed for performances in theatre auditoria but also for background or featured music in areas such as the theatres foyers, bars or restaurants.
What about songs from the shows?
Musical excerpts from dramatico-musical works (including operas, operettas, musical plays, revenues and pantomimes whose music is specially written for them) are sometimes interpolated into productions. PRS controls this music when performed non-dramatically.
PRS does not control this music when it is dramatically performed. A performance is viewed as being dramatic if:-
- through any accompanying dramatic action whether acted, danced or mined
and/or
- through the use of costume, scenery or other visual effects
There is given any visual impression or other portrayal of the writers original conception of the work from which the excerpt was taken.
What about interpolated music?
Interpolated music is defined as music not specially written for a particular theatrical production but is performed by a character(s) to be heard by another character(s) in that production. For example: an actor playing guitar and singing directly to another actor as part of the production, needs clearance through PRS, although this could mean you pay the copyright owner direct. This can range from a single short piece in a play to a considerable number of songs or other musical works in a compilation show or similar production.
What procedures must be followed to ensure that proper clearances are sought for interpolated music?
At least 30 days before the production is due to start, PRS should be informed of the full details of the work(s) that are to be performed, including:
- The manner of the performance
- The duration of the performance
- The name of the production
- The dates of the performances
- The venues of the performances
PRS will notify the licensee or applicant which of the works are to be covered by a PRS Music Licence alongside the royalty rate applicable.
The 30 day rule is to ensure that PRS can consult the original copyright owners to find out whether it can license the work(s) before the performance takes place. If less that 30 days notice is given PRS will always try to get clearance before the show opens but cannot guarantee to do so. If permission is not granted before the start date then the work(s) cannot be used as part of the production.
Until the applicant has applied for a PRS Music Licence and the appropriate clearance has been granted, any performance of interpolated works could constitute a copyright infringement and may result in the copyright owner taking legal action.
Where the right to license the performance of interpolated works lies with the composer, publisher or other copyright owner, PRS will inform the applicant how to obtain the necessary licence for the proposed performances.
PRS may abandon its right to license the public performance of interpolated music in favour of the copyright owner under Article 7(f) of its Articles of Association.
What music in theatres is not controlled by PRS?
The performing rights controlled by PRS normally exclude what are usually referred to as grand rights. Grand rights are performances of ballets, or dramatico-musical works whose music is specially written for them, namely: opera, operetta, musical play, revue, pantomime). However PRS do control these rights when it is performed by means of a film (made for exhibition in cinemas) or in public by means of a radio or television, PRS normally never controls the performance of a complete dramatico-musical, nor does it usually control other music written specially for a theatrical production (e.g. incidental music specially written for a play) when performed during that production.
How does a PRS Music Licence work?
Royalties are generally paid annually on account at the beginning of the licence year. The charges are calculated under the appropriate tariff based on estimated music usage for the year or the actual usage for the past year, and are adjusted for actual use when payment for the following year is due. However for live music venues and theatres, this is often monthly, quarterly or half yearly in arrears.
You should inform PRS however, of any performances of interpolated works according to the 30-day rule described above.
PRS may grant occasional licence-permits to music users for occasional events or limited seasons at theatres not already or not adequately covered by an annual licence.