Jukebox musicals—stage productions built around pre-existing popular songs—have surged in popularity, captivating audiences with familiar tunes and nostalgic storytelling. From Mamma Mia! featuring ABBA’s greatest hits to Jersey Boys chronicling the rise of Frankie Valli and The Four Seasons, these productions blend well-known music with compelling narratives. However, behind the scenes, securing the rights to these songs involves a complex legal process, making jukebox musicals one of the most challenging theatrical ventures.
Can You Use Popular Songs in a Musical? Understanding Grand Rights
Many assume that if a song is commercially available for public performance, it can be freely used in a musical. However, theatrical productions require a specific type of permission known as grand rights, which differ from standard performance licenses used for concerts or radio play. While public performance rights allow songs to be played in non-dramatic settings, grand rights govern the use of music in dramatic works—such as a stage play or musical. These rights are exclusively controlled by music publishers, who must approve the inclusion of their songs in a theatrical context.
Source: https://opentext.uoregon.edu/payforplay/chapter/chapter-27-dramatic-musical-works-pay-for-play/
Copyright Challenges in Jukebox Musicals: Navigating the Approval Process
Producers of jukebox musicals must negotiate directly with rights holders—typically music publishers and songwriters—to secure permission for each song’s use. This process can be time-consuming and fraught with complications, as some rights holders may refuse to license their work if they dislike the proposed narrative or feel it does not align with the song’s intended meaning. Other roadblocks include competing interests among multiple rights holders, restrictions on lyrical modifications or musical arrangements, and exclusive contracts that prevent certain songs from being used in competing productions.
Source: https://www.synchtank.com/blog/theatrical-rights-and-music-publishing-a-look-behind-the-curtain/
The High Cost of Licensing Music for Theater Productions
Jukebox musicals come with significant financial considerations, as licensing fees for popular songs can be expensive. These fees are typically structured in several ways:
- Upfront licensing feespaid before production begins.
- Ongoing royaltiesbased on ticket sales or performance frequency.
- Percentage-based agreementswhere rights holders receive a cut of the show’s profits.
Budgeting for these costs is crucial, as failure to properly secure and compensate rights holders can lead to legal disputes or even a production shutdown.
Lessons from Broadway: The Legal Hurdles of Jukebox Musicals
Broadway has seen both major successes and notable failures in the jukebox musical genre. One notable success is Mamma Mia! an ABBA-inspired musical that became a commercial triumph, largely due to ABBA’s direct involvement and willingness to license their songs.
On the other hand, Rock of Ages faced significant legal hurdles due to disputes over licensing certain 1980s rock songs, notably those by Def Leppard. The band was initially reluctant to allow their music to be used because they felt the musical represented “everything that we stood against.”
These examples highlight the importance of early negotiations and clear agreements with all rights holders to avoid legal complications.
Source: https://blabbermouth.net/news/why-def-leppard-finally-allowed-rock-of-ages-musical-to-use-bands-music
Conclusion
Jukebox musicals offer an exciting way to bring beloved songs to the stage, but their success hinges on careful legal planning. Producers must navigate complex copyright laws, secure grand rights, and budget for high licensing costs to ensure a smooth production. If you’re considering developing a jukebox musical, consulting with a knowledgeable entertainment lawyer is a crucial first step.
