Tom:  Thanks for reminding me about Grand Rights.  The basic problem is that U.S. Copyright law makes no attempt to define them, simply mentioning the provisions of the law that do NOT applay to "musico-dramatic productions."  Here are quotes from the ASCAP and BMI websites (and NEITHER organization licenses Grand Rights, so here they are trying to protect themselves from being accused of doing so):

 

"To quote ASCAP’s licensing agreement:

A dramatic performance shall include, but not be limited to the following: performance of a dramatico-musical work (as hereinafter defined) in its entirety; performance of one or more compositions from a dramatico-musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; performance of a concert version of a “dramatico-musical work” (as hereinafter defined).

And finally, just so we know: “The term ‘dramatico-musical’ work as used in this agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet.”

BMI’s agreement is very similar:

BMI only licenses non-dramatic performing rights in the music it controls. A dramatic performing right can involve either music which was originally part of a “dramatic or dramatico-musical work” (the term generally used to describe operas, operettas, musical shows, ballets, movies and other similar productions), or it can involve the dramatic use of music which may not have been originally a part of such a dramatic or dramatico-musical work."

(These are quoted from the website http://www.newmusicbox.org/articles/Deal-or-No-Deal-A-Grand-Rights-Primer/)

 

So according to both of these sites, dance can indeed trigger Grand Rights.  That, of course, is a pretty extreme interpretation of an admittedly vague concept.  The most liberal interpretation would assume that only a fully-staged performance of an ENTIRE musico-dramatic work would trigger Grand Rights.  Very few of us would assume that a single song taken out of context on a concert would be a trigger.  And by extension, most of us would not assume that performing a published medley from a single show, available to anyone for purchase and performance, would do so regarless of the manner in which it is staged.

 

But is that a legal opinon?  Of course not!!!  And neither are the ASCAP and BMI statements, although I'm sure they were written by lawyers.  So while I agree that your warning is timely, it's also on the conservative side and assumes legal implications that may or may not exist.  It implies, in fact, that whether or not a piece of music is originally FROM a Grand Rights work, simply adding dancing or creative staging can make it a Grand Rights performance, if, say, interpretive dance or stage movement were added to the Durufle Requiem!!!  It isn't something I ever worried about in producing shows with educational ensembles (or with professional entertainment ensembles, for that matter).

 

As weird and complex as copyright law itself is, I suspect that Grand Rights law (since there actually ISN'T any!) is even more esoteric than that!

All the best,

John