RE: Nondramatic music performance: Section 110 (4)

From: Brewer, Michael <brewerm[_at_]u.library.arizona.edu>
Date: Wed, 11 Oct 2006 18:40:30 -0400

If the choreography and theme (how the bits are tied together) is of your own creation (which it sounds as if it is), then it shouldn't matter if it is "dramatic" or not, as the copyright to that portion of the show does not belong to anyone else.

mb

Michael Brewer
Slavic Studies, German Studies & Media Arts Librarian University of Arizona Library A210
1510 E. University
P.O. Box 210055
Tucson, AZ 85721
Voice: 520.307.2771
Fax: 520.621.9733
brewerm[_at_]u.library.arizona.edu

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Randal Nieuwsma Sent: Wednesday, October 11, 2006 3:00 PM To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Nondramatic music performance: Section 110 (4)

Hi,
 A student club wants to put on a show. It would consist of 10+
'showtunes'

sung and danced by performers onstage. There are no characters, plot, story, or
dialogue. The songs are introduced, but only tied together by a theme of
'showtunes through the 20th century' or the like.
 This strikes me as non-dramatic performance which is allowed under Section
110 (4).
 My questions are:
1. Does dancing/choreography make it 'dramatic'?  There is no definition of 'dramatic' in Section 101.  Nimmer says "Fundamentally there seem to be but two essential elements for a
dramatic composition: (1) that it relate a story, and (2) that it provide
directions whereby a substantiol portion of the story may be visually or audibly represented to an audience as actually occurring, rather than merely
being narrated or described."

2. Do our ASCAP/BMI/SESAC licenses cover this, also? Are we covered twice, or
do the ASCAP/BMI/SESAC licenses give us additional flexibility for charging
admission outside of what is specified in Section 110 (4)?

Thanks,
Randy

---

Randy Nieuwsma, IRC Director
Calvin College, Grand Rapids, MI
nieuwr[_at_]calvin.edu (616) 526-6076

How is Calvin College distinctive?
www.calvin.edu/about/distinctives/

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