FAQs

Performing Rights (General/Plays)

Performing Rights (Musicals)

PERFORMING RIGHTS (General/Plays)

What's the difference between an amateur and a professional production?
The actors in a professional production must either be members of Equity or trained and/or recognised professional actors who work in the business. Amateur actors perform as a leisure activity and earn their living by other means.

Are fringe productions licensed as amateur or professional?
It depends upon the status of the actors (see above). A production presented under an amateur licence in a fringe venue must be advertised as being an amateur one.

How long before the production do we have to pay for our licence?
We request that royalties be paid four weeks before the first performance in order to allow time for the processing of the licence.

Can we get a refund of royalties if our production is cancelled?
Yes. We must be advised as soon as you know that all or some of your performances are being cancelled and the licence must be returned to us for cancellation or amendment. Refunds cannot be granted if a period of weeks has elapsed since the scheduled end of the production.

Do we have to pay royalties if we don't charge for admission?
Yes. Legally a production must be licensed if it is witnessed by the general public, regardless of whether or not a charge is being made to them. Also performances before audiences reduce the earning potential of a play for which the author must be compensated in the form of royalty fees.

We are raising money for charity. Can we get a royalty waiver or reduction?
Unfortunately, no. Royalties represent authors' income and it isn't fair to ask them to support other people's fundraising in the form of lost royalties.

Our production is private. Do we still have to pay royalties?
A production is only private if it takes place in a person's home and only before their family and friends. Performances given in clubs, halls etc. are public ones.

Isn't a school production private?
If a play is performed by members of the school before an audience of staff and students it is classified as an educational exercise and no licence is required. However, if any persons from outside the school are admitted (e.g. families and friends) the production becomes a public one.

Why are plays restricted or made unavailable for performance?
A new play will not be released for amateur performance until the professional stage life has been fully exploited. Similarly when an existing play is revived professionally amateur rights are often restricted or withdrawn completely until the professional contract has expired. This is in order to protect the professional production's box office income.

Surely our amateur production won't damage a professional revival?
Whether this is the case or not, it is standard practice for amateur rights to be restricted and often professional producers' contracts guarantee this. We liaise with authors' agents on many such applications and they certainly do not wish to lose amateur royalty income unnecessarily.

If a play is restricted, how long does it take to get an answer on availability?
This depends on a number of factors including whether the agent is based in this country or the U.S.A. and whether the author needs to be consulted personally.

Is there anything else we should be careful of regarding restrictions?
We are required to check all applications for major plays in the London area and in Edinburgh. This is because of the possibility of West End productions and of the Edinburgh Festival respectively. The best advice is always to establish that a play is available for performance before committing to a production.

Can changes be made to scripts when they are being performed?
No changes of any kind may be made without the permission of the author and this is a condition of our licence. This includes changing the sex of characters and cutting out "bad" language. Some authors may agree to changes if a persuasive case is put in support of the request, but this is by no means always so.

If a play is published, why can't we perform it?
Plays may be published before amateur rights have been released or even before the play has been performed professionally in this country. Such scripts are intended, at least initially, to be read rather than performed.

Can we perform plays appearing on your American company's website?
A title that does not also appear on our London website would have to be checked with the author's U.S. agent to establish if you can perform it in this country. We are happy to take this up for you if you apply to us.

Can we video-record our production?
Video-recording is a complex issue. Recording rights may be available in some plays, in others we may need to refer you to the authors' agents and in other cases the rights may be not available at all. You should make no plans to record your production until this question has been fully researched and this should be done well in advance.

When does a play go out of copyright?
In the British Isles and the European Union a play is in copyright until the end of the 70th year after the death of the author (and in the case of co-authors the end of the 70th year after the death of the last remaining author). When a play is performed in other parts of the world different laws may apply.

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PERFORMING RIGHTS (Musicals)

For what purpose may I hire perusal material?
We operate a perusal service for the full-scale musicals in our catalogue, which is designed specifically to allow amateur groups, schools and colleges to view material for one to three musicals for a short period in order to help them to choose a suitable show for their group to perform. Payment of a small fee for this service is required on return of the materials to us. (For full details please see our Perusal Policy)
Perusal Material may not be hired once a group has a licence to perform a musical, and you may not retain material initially hired for perusal to use for rehearsal purposes. Once you have a licence to perform a show, you must purchase or hire copies of the libretti (scripts) and vocal scores/chorus books as appropriate.
You may not hire perusal material for personal or study use, or for material to use in auditions. Please enquire by telephone (020 7255 4301), email (musicals@samuelfrench-london.co.uk) or letter (Musical Plays, Samuel French Ltd, 52 Fitzroy Street, London W1T 5JR) for further information on availability of material for these purposes. To apply for perusal material online please use our Perusal Application Form.

What information do you require when I apply for an amateur licence to perform a musical?
We will need all of the following information:

• name of your performing group, school, college or university
• proposed performance dates
• number of performances
• name, location and seating capacity of the theatre/hall in which you wish to
• perform
• name, full postal address, email address, and daytime telephone
• number of the applicant, in case we need to check anything with you.

You may apply initially be telephone, though in certain cases we may ask you to then submit a written application. Written requests may be made by email, letter or fax provided that all of the above information is included. If performing rights are available at the time of contact, we will send you a licence application form and full information on charges and materials by post. N.B. Groups or schools based outside the UK must always apply in writing, and must state whether they wish to perform in English or a different language. Please note that even if we hold performing rights for a musical in your country, we will always need to check with the agent for the show first of all, and some shows may be handled by a different agent or may not be available at all.

How far in advance do I need to apply for an amateur performing licence for a musical?
We always recommend that you enquire as far in advance as possible in order to avoid disappointment if any unexpected restrictions may apply to the show that you wish to perform, or if anything special needs to be checked. A quick initial telephone call (020 7255 4301) or email (musicals@samuelfrench-london.co.uk) well in advance is always a good idea.

What restrictions might apply to a musical?
The most common restriction occurs when a musical is partially or totally withdrawn from amateur performance, usually because of a major professional production of the show in London's West End or on tour. We are given instructions to withdraw or restrict musicals in such cases by the principal agents for the musicals, and we are obliged to comply fully with their instructions. If a show is only partially restricted, we may need to refer your individual application to the agents for the show, in which case you need to allow plenty of time to obtain an answer.
We also try to avoid clashes of amateur bookings of the same musical in close geographical proximity at around the same date, which would probably result in a loss of audience and ticket sales to both groups. However, it must be noted that this is entirely at our discretion, and usually only applies to productions of very high-profile musicals in large theatres, and not at all to school or college productions.

May I start rehearsing once I've received a licence application form?
No. Although we will have checked that performing rights are available in principle in your area before we send out your licence application form, you do not have permission to start rehearsing or any work at all on the show until you have returned your completed form (with advance deposit if applicable) and we have then drawn up your official contract or licensing agreement.

Once I have a contract to perform a show, may I choose whether I buy or hire scripts and scores for my production?
No. All our material is either on sale or on hire. Many (though not all) of our libretti (scripts) are published, and therefore for purchase only. Many vocal scores and chorus books (and all band parts) are for hire only. When scores are for hire only, we usually offer a hire package designed to be appropriate for the particular show. Occasionally scores are on hire individually, and it is almost always possible to make a special request to hire more or less copies, subject to availability. There are a few musicals where the vocal scores are still published and for purchase, and in these cases we only sell the copies and cannot provide them on hire.
We always give full information on all the materials available for a show when you apply for a performing licence, and we're happy to answer individual questions on materials by telephone (020 7255 4301) or email (musicals@samuelfrench-london.co.uk).

May I adapt or shorten a musical, or cut out some of the songs, to suit my group provided that I pay the agreed royalty fees?
No. All the shows in our catalogue are copyright works, and it is their authors' and composers' right to have their works performed exactly as they were written. This includes performance of all the songs contained in the show as these are an integral part of the whole work. All our contracts for musicals contain clauses on this point. (However, a very small number of authors may occasionally consider requests to make small specific alterations in very special circumstances, but this is quite rare, and the performing group must send a detailed written application well in advance in order to allow ample time for the authors to be consulted.)

May I pay a reduced royalty fee if my group is giving the proceeds of their ticket sales to charity?
No. Royalty fees form part of the authors' livelihood, and they are entitled to their full fees regardless of whether they personally would wish to support your chosen charity. It is your decision if you wish to make a donation from your ticket sales to a charity.

Do I have to pay a royalty fee if only parents of the performers attend the performances and they are paying no admission charge?
Yes. It is important to note that even a small number of parents attending a representation of a musical constitute a public audience, and therefore a Contract must be issued as usual and the agreed Royalty Fee paid. Royalty fees constitute a part of the authors' livelihood, and they are entitled to these fees for any representation of their work in front of an audience. If you choose not to charge for your tickets, it is necessary for you to pay a set minimum royalty fee per performance for all of the full-scale musicals in our catalogue.

I've been looking at Samuel French Inc.'s catalogue on their website and have seen a musical that I like. Would I be able to put on a production here in the UK?
Possibly, but not necessarily. It is always possible for us to make a special application to our American principals, Samuel French Inc., for a British group to mount an amateur production of a musical in their catalogue. However, this procedure sometimes takes quite a long time, as it is often necessary for our American principals to consult other agents in the U.S., and there is no guarantee that your application would be approved. Although we receive permission to license some productions, we are also sometimes given refusals. In order to check availability of a Samuel French Inc. musical, we would need to receive a written request from you first of all, giving the name of your performing group, the proposed dates and number of performances, and the name, location and seating capacity of the theatre/hall in which you wish to perform. We would then refer the details to Samuel French Inc. and contact you again as soon as we receive an answer to the request from them.

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