Understanding the Licensing Landscape for New Musicals

You found the perfect new musical. The cast is excited, and it feels like the right time to announce. Then you hit a wall: “Not yet released.” This is common with new works. They often sit in a window where professional rights are active, while school or community rights are not. That gap can be frustrating, but it also protects the writers and the show. Knowing how to navigate this will save time, money, and stress.

Here's the key idea: A song by itself is not the same as a musical. A single song can be performed non-dramatically. A musical, or a set of songs narrating a story, counts as a dramatic performance. Different rights apply.

What Are Grand and Small Rights? “Grand rights” cover when you use songs in their story context, with dialogue, costumes, or staging. You need grand rights from the licensing house or rights holder. “Small rights” cover non-dramatic uses, like performing a single song in a concert. Venue blanket licenses for ASCAP, BMI, or SESAC only cover small rights. For musicals or anything that resembles a story on stage or online, you must clear grand rights directly with the licensor (ASCAP).

Educator Considerations For educators, new musicals can feel like a fast-moving train. Some titles offer pilot or education editions while the main release is on hold. These editions come with adjusted keys, orchestrations, and content notes, all approved by the authors. If you don’t have a pit, ensure that your license allows you to use backing tracks to stay compliant. Ask your licensing house about available versions and included materials (MTI).

Streaming Considerations Streaming changed after 2020. Most licensors now sell streaming or capture add-ons. If you plan to live-stream, post a passworded video, or sell digital tickets, you need that add-on. Your school or venue’s blanket license does not cover a dramatic stream. Check the fine print on platforms, regions, and dates, and build those limits into your plan (MTI). For music-only concerts, the same rule applies: once the performance tells a story with songs in order, or with character elements, you're back in grand-rights territory and need direct approval (ASCAP).

Producer Insights For producers, start with the rights you cannot see but always need: the chain of title. If you’re adapting a book, film, or life story, secure those underlying rights before hiring writers. Then map approvals for development: script, score, casting, billing, and capture. The Dramatists Guild reminds us that authors control changes to their work. New musicals often enforce this closely, as the show may still be evolving (Dramatists Guild).

Rules for Performers The rules protect performers too. A recital or audition cut is usually non-dramatic. That’s fine in most venues. However, posting the full performance online adds a different right called synchronization. If the song is from a musical and the clip looks like a scene, you might also need grand rights. Keep posts within your license and use legal accompaniment. Avoid backtracks made by ripping stems or using AI to strip vocals as these can be unlicensed derivatives (ASCAP) (MTI).

Handling Changes Changes are another common trap. With new works, avoid cutting dialogue, combining songs, changing keys, rewriting lyrics, or re-orchestrating without written approval. Even medleys for promotion or curtain calls may require permission. The Dramatists Guild's Bill of Rights backs the authors' rights to approve changes, and licensors enforce this strictly. When in doubt, ask before you adjust (Dramatists Guild) (MTI).

Step-by-Step Licensing Process Here is a simple step-by-step guide:

1. Confirm Availability: Look up the show on the licensing house website or email their support. If it says “not yet released,” ask about pilot or school editions.
2. Scope Your Rights: Decide if you need live performances, streaming, or both.
3. Apply: Provide full dates, location, capacity, ticket price, and any streaming plans.
4. Review Restrictions: Before signing, check billing, logo use, casting notes, orchestration size, and marketing rules.
5. Secure Approved Materials: Order scripts, scores, and rehearsal or performance tracks from the licensor.
6. Submit Requests for Changes: Keep a folder of approvals.
7. Close Out Cleanly: After your show, file reports and pay any royalties on time (MTI).

Compliance Best Practices Here are common compliance habits that will keep you safe:

• Don’t rely on a school or venue music blanket for a staged musical.
• Assume changes are not allowed unless you have written approval.
• If you plan to stream, buy the streaming license and honor platform limits.
• Don’t post rehearsal or show clips online unless your license allows it.
• For concerts, avoid costumes, props, or story orders that make the event dramatic without grand rights (ASCAP) (Dramatists Guild).

Final Check Before Announcing Before your announcement, do a final check. Know who licensed your show and the dates covered. Confirm if streaming is included and any restrictions. Review required billing, logo, or artwork rules. Ensure your orchestra plan matches approved instrumentation, and confirm any internal cuts have written approval. Talk to the licensing rep if anything is unclear to avoid late surprises.

Quick Rule of Thumb: Get your rights from the source, use approved materials, and keep all changes in writing. New musicals move quickly. Staying close to the licensor and honoring author approvals supports both the work and your artists. For definitions, boundaries, and contacts, start with organizations like ASCAP for grand versus small distinctions, the Dramatists Guild for author rights, and your show’s licensing house for practical steps and tools (ASCAP) (Dramatists Guild) (MTI).