Step-by-step plan from stage to digital; how do you arrange copyright?

Arranging the rights for the performance or staging in the theater can be complicated. Different disciplines such as theater, dance, and music sometimes have different rules, practices, or rights providers. Especially with multidisciplinary productions like musical theater or adapting existing material (for example, making significant changes to a piece, or adding new text to well-known music), it becomes more complex because standard licenses often do not take these into account.

Rights are arranged in employment and freelance/commission agreements with creators (authors and/or neighboring rights holders), in contracts with music and text publishers, and with rights organizations such as (notably) Buma Stemra.

Digital reuse of stage productions

If you record your stage production and want to publish it online – for example, on your own website, via social media, or in an online archive – you will encounter the ‘film copyright’ from the Copyright Act.

In this film copyright, different rules apply compared to the rules for ‘regular’ stage productions. The main difference is that your role in digital reuse of an audiovisual recording changes legally: from a performing arts institution to a film producer.

For films, the Copyright Act assumes that the (exploitation) rights of all individuals involved in the film production are bundled with one person: the film producer. This ‘presumption of rights transfer’ ensures that the film producer has the exclusive right to duplicate and make the film work available. The co-creators (including the director, actors, musicians, set and costume designers, cameramen) are entitled to fair compensation for their contribution to the production.

This rule does not apply to:

• the creators of the music and the accompanying text, whether intended for the stage or (also) for the film

• existing works used in the production (text, images, videos, music, etc.)

TIP: A concise explanation of various terms can be found here (opens in new tab).

Step-by-step plan

Do you want to record your performance and make it available online? Then you will need to make additional arrangements regarding copyright and fees. Who are the rights holders, how do you document agreements, and what should you pay attention to contractually?

With this practical step-by-step plan, you can organize everything in four clear steps: from licenses and contracts to existing works and collective rights organizations. Download it here and get started well-prepared.