Recording of music. If a recording of the music is needed, it should be clear who is responsible for producing that recording and who is responsible for each aspect – hiring the musicians, booking the studio, paying for it, etc. A reproduction rights license (also referred to as a mechanical rights license) from the composer/copyright owner of the musical work is also required to make a recording of a musical work. This may involve the payment of a royalty to the composer/copyright owner. If the dance company pays for a recording of the work to be used for performance, the recording should only be used for that purpose. It should be made clear that any other purpose should require the composer’s written consent. (There have been composers who have discovered extra revenues being earned by a company through lobby sales of cassettes Score and parts – In the event that a choreographic work, opera, or other theatrical work is performed live, it should be clearly understood by the parties how the company acquires the score and parts. If the company commissioned the work and paid for the production of the score and/or parts, it should be entitled to retain a copy; however, the composer should retain the originals and not relinquish the only copies in case the company’s copies are lost. If the company did not commission the work, does the company purchase or rent the score and parts? Is there a publisher? If there is a publisher, it may wish to retain control over the rental of the score and all parts. Royalties – Include what the amount of the performance royalty payment will be and the method and schedule of payment. The amount of the royalty will no doubt vary depending on the financial situation of the company. There is no set schedule of royalty fees, but consider a per performance payment of approximately ten percent of box office receipts. You will probably find that royalties for a choreographic work are considerably lower than for a concert work; however, choreographic works often receive many more performances than concert works. As with choreographic works, there is no set schedule of royalty payments for operatic and musical theatre works; however, as noted above, a percentage of the box office receipts is sometimes included in the negotiated fee. You may also agree to a lump sum payment for each performance or a single sum for a limited run. Again, this is entirely negotiable and the sum may depend on a number of factors. If the agreed royalty is a percentage, you may a...
