Performance permisson

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Performance permisson

Postby denry » Mon Apr 27, 2009 11:03 am

We'd like to perform a complete (in copyright) work, as far as we know only excerpts have been performed in public.

But the whole work is out on CD.

We know where to get the parts (library). Do we need to get a performance permisson to do the whole thing and just pay the PRS tariff?
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Re: Performance permisson

Postby Carolus » Tue Apr 28, 2009 1:45 am

The fact that a work is recorded has no bearing on live performance. Yes, you have to have a license from the PRS (Performing Rights Society) in order to perform a copyright work. In the USA, you'd need to apply to ASCAP or BMI, in Canada SOCAN, the UK, the PRS, etc. Most societies issue a "blanket license" which means you can perform lots of copyrighted works for a low yearly fee.
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Re: Performance permisson

Postby denry » Tue Apr 28, 2009 3:32 pm

Yes, the PRS bit is clear.
But is that enough or do I need to ask the publisher as well as the thing has only been done as a suite.
The publisher of the whole score was in Italy, who probably went bust, but it is not clear who holds the copyright now.
The parts we can with the composer's estate permission from a library in the US.
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Re: Performance permisson

Postby daphnis » Tue Apr 28, 2009 5:49 pm

If the parts are rental, then chances are you would, in fact, make performance arrangements with the publisher. If, for example, Boosey & Hawkes/Ricordi subsumed this Italian publisher, then upon rental request of the score and parts you would then make arrangements to pay performing fees for the number of concerts you give and the ticket prices.
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Re: Performance permisson

Postby Carolus » Wed Apr 29, 2009 4:29 am

Who is the composer and what is the work? From your description, it almost appears this is may be the type of thing known as an "orphan work." Nevertheless, unless you're giving a staged performance, the PRS license should cover any performance rights involved. On rental music, grand rights typically apply only for works that are actually staged - like operas and ballets. This is where the publisher usually requires a percentage of the ticket sales. Rental of performance material is often per use (or performance), though sometimes it is per time period (1 month, etc.)
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Re: Performance permisson

Postby denry » Wed Apr 29, 2009 8:35 am

The parts come from the only recording made paid by the composer himself. They were never available for rental, AFAIK.

I am not at liberty to name names yet... :(
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