Les Miserable music in radio ads...copyright infringement?

  • February 14, 2014 7:37 AM PST

    We have a client who is a non profit group wanting to use music from Les Miserable in their ads.  Anyone know if this would be ok?  Or would this classify as copyright infringement?  If it makes any difference they are a theater group who will be performing their own version of Les Miserable.  Client says they have permission, but just wanting to make sure we are covering our rear ends!  Thanks for any help!

    • 52 posts
    February 17, 2014 10:09 AM PST

    If the theatre group is performing the show, they are fine assuming they've paid Samuel French (I believe they're the publishers) for use of the musical. Ideally, and also not to dupe listeners, versions of the songs should be performed by the local actors--not from another cast album.  

    • 53 posts
    February 17, 2014 10:32 AM PST

    As far as I know that would be copywrited material. Call you local state broadcasting association for questions like this. Typically they are readily available to serve you with answers to such questions. Your audio production library probably has some facsimile thereof that you can play and satisfy the client while not imperilling your statiion.

     

    • 52 posts
    February 17, 2014 11:10 AM PST

    I think it will be a copyright violation (which as I understand it is a fine up to $10,000.00 each time the commercial airs).  I'm speculating they have the right to perform the play live for an audience, but not to record the soundtrack.  Read the contract they signed to allow them performance rights, and look for permissions on advertising.  If their contract specifically allows them the right to record and broadcast for ads, I'd say you're covered, otherwise you risk the fine.  (As I recall, most theater productions do not allow recordings).

    • 53 posts
    February 17, 2014 11:37 AM PST

    This has less to do with copyright infringement than synchronization rights and licensing.

    The station absolutely does not have the synchronization rights to use this music in any advertising. It's not the job of a radio station to own such a license.

    Presumably, the theater company has performance rights to stage the play. The theater company should check with whoever sold them the performance rights about using the music in the advertising.

    As a footnote to all of this, Dan O'Day has an excellent ebook about this very topic, and it is available on his website. http://www.danoday.com/copyright/

  • February 17, 2014 12:16 PM PST

    Is the client promoting a performance of Les Mis by the local theater company, or do they want to use it in an ad that has nothing to do with buying tickets to the performance?

    If the intent of the spot is to drive the audience to purchase tickets to the musical, the theater group may be allowed to use some pieces of the music for promotions and advertising as part of their license of the performance content -- but you'd definitely want confirmation of this by seeing it in writing!

    • 24 posts
    February 17, 2014 6:39 PM PST

    A quick email to ASCAP or BMI could give you a quick answer

  • February 18, 2014 7:43 AM PST

    Thank you for all the replies.  Checked with the client whos is with the theater company, and they do have permission directly from the licensing company they paid royalties to for the rights to perform...using up to 30 seconds of music in advertising was approved/written into the agreement.  Thanks again for all the help!