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Brentwood Theatre – A Guide to the Use of Existing Music in Performance The following information is intended to assist hirers of Brentwood Theatre in the identification of licences and charges relating to the use of existing music in performances. This does not cover performances where music comes as an integral part of the show’s rights. Charges to be levied will depend on whether music used is either ‘IN’ or ‘OUT’ of copyright; ‘IN copyright’ refers to music that has been composed by someone who is either still alive, or has been dead for less than 70 years (i.e. died after 1945). Charges for using such music will be made by PRS and PPL. ‘OUT of copyright’ refers to music that has been composed by someone who has been dead for 70 years or more (i.e. died before 1945). Charges for such music will be made by PPL only. PRS & PPL PRS and PPL licensing are two independent schemes that represent the interests of different rights holders for the use of recorded and live music in public performances. It does not include the use of sound effects. PRS – stands for ‘Performing Rights Society’. This covers the use of the actual lyrics and composed music in any public performance of music, (live or recorded) on behalf of the song writers, composers and publishers. PRS charges are made up of 3 elements; Standard royalties –covers music used at the following times: before the opening of a show and including the overture during the interval of a show after a show These are the only PRS charges which are covered by the licence paid for by Brentwood Theatre Charges for Interpolated music – this is music which is not specially written for a theatrical production (and excluding overture, entr’acte, exit, incidental and curtain music) and which is performed by or intended to be audible to a character or characters in that theatrical production.(e.g. a radio playing during a scene). Charges vary depending on the amount of music used - charged per performance if 24 minutes or under of music are used, but charged as a % of net box office receipts if the number of minutes of music exceed 30% of the total running time. NOTE: this is 30% of the running time EXCLUDING the periods covered by the standard royalties above 16 – 20 minutes £21.53 + £4.31 VAT = £25.84 per performance 20 – 24 minutes £30.41 + £6.08 VAT = £36.49 per performance 30% - 35% of running time 1.0% of net box office receipts 35% - 40% of running time 1.5% of net box office receipts 40% - 45% of running time 2.0% of net box office receipts 45% - 50% of running time 2.5% of net box office receipts 50% - 55% of running time 3.0% of net box office receipts 55% - 60% of running time 4.0% of net box office receipts Brentwood Theatre’s PRS licence does not cover these charges – they are the responsibility of the hirer. Charges for Incidental or curtain music means music heard by the theatre audience as an accompaniment to the play but which is not performed by or intended to be audible to any of the characters in the play. (e.g. underscoring) These charges are levied at £9.86 + VAT (£11.83) per week, not on any percentage basis. Brentwood Theatre’s PRS licence does not cover these charges – they are the responsibility of the hirer. PPL – is the acronym for Phonographic Performance Ltd and this covers the use of recorded music on behalf of the record companies and also the performer’s rights. Charges are per performance and based on the number of minutes used: 0.01 – 2.50 minutes 2.51 – 5.00 minutes 5.01 – 10-00 minutes 10.01 - 15.00 minutes 15.01 – 20.00 minutes £2.49 £3.56 £7.12 £10.68 £14.24 + £0.50 VAT + £0.71 VAT + £1.42 VAT + £2.14 VAT + £2.85 VAT = £2.99 = £4.27 = £8.54 = £12.82 = £16.79 Thereafter, each additional 5 minute band costs a further £3.56 + £0.71 VAT (total £4.27). Brentwood Theatre’s PRS licence does not cover these charges – they are the responsibility of the hirer. To summarise; the component parts of a performance are shown below together with the relevant licence(s): Show Area Covered by Brentwood Theatre’s PRS Standard Licence? PRS Interpolated Licence Required? Hirer’s Responsibility Liable for Incidental or Curtain Music Charges? Hirer’s Responsibility Pre-show & overture Yes No No Act 1 No Yes, but only if music is still in copyright Yes Entr’acte & Interval Yes No No Act 2. No Yes, but only if music is still in copyright Yes Curtain No No Yes Exit music & Playout Yes No No PPL Licence Required? Hirer’s Responsibility Yes Bentwood Theatre neither accepts no responsibility for any failure on the part of the Hirer to either obtain or pay for the appropriate licences(s). 28/2/2014