“I Want This on PBS, not Exhibit A at My Trial”
by Drew Holmes
“Chuck, I don’t feel comfortable signing this contract. I want this on PBS, not Exhibit A at my trial.”
“Take it upstairs to Myra and ask her to sign it,” was his exasperated reply.
In two years as Principal Librarian for the Naples Philharmonic I had never been this defiant to my supervisor.
We were in preparations for the upcoming season and had the rare opportunity to record a pops concert guest starring soprano Frederica Von Stade. When the news broke that this concert would air on PBS I was thrilled. While I was with the Brooklyn Philharmonic we had performed on Late Night with David Letterman, but this was different. PBS was our core audience and a show like this would raise the stature of the orchestra nationwide.
There are two challenges when performing a copyrighted work: acquiring the performance materials (sheet music) and securing the permission to use those materials. Both are crucial, as having the physical parts does not grant permission to record or even perform the song. As librarian it was my job to acquire the sheet music and secure the copyright permissions we would need for the show.
Erich Kunzel, our pops conductor, chose the repertoire and the show was heavy on copyrighted music available only for rent. Included amongst the copyrighted selections was “Do Re Mi” from The Sound of Music. Members of our newly formed Children’s Chorale would perform as the Von Trapp Family Singers, and I immediately saw a potential problem.
At our production meeting, the notes for “Do Re Mi” said the children would be wearing sailor suits, copying a scene from the movie. The contract we had with Rodgers & Hammerstein for the sheet music included permission for an unstaged, purely aural performance (commonly known as small rights). Putting the kids in costumes would, to my knowledge, require additional permission to stage the performance (grand rights). What we were proposing was closer to an opera than an orchestra concert.
After the meeting I raised these concerns and was told that Erich changed his mind, and the kids would wear their Youth Chorale outfits. Satisfied with that answer, I moved on and did not think on it further. Days later I saw the updated concert sheet which still indicated sailor suits.
Confused, I emailed Erich. His reply was non-specific and after much back and forth, I had gotten nowhere. A few weeks later he was back in town to conduct a pops show and I tracked him down to get some answers.
“Erich,” I asked, “what are the kids wearing for the PBS show?”
“Sailor suits,” he replied, “but don’t tell Rodgers & Hammerstein or they’ll charge more.”
Alarm bells were ringing in my head. Obviously, he did not fully understand the implications of what he was proposing. I tried not to betray my trepidation to Erich (he was the maestro, after all) but I knew this was a serious problem. Later that day I met with Chuck, the Orchestra Manager and expressed my concerns about future incarceration if I proceeded to sign the agreement.
I had a decision to make. Despite my brag-worthy experience within the field, I was still forging a professional reputation. The publishers and publisher agents could be allies or enemies for decades to come. This show would be preserved for all time and broadcast on PBS. Did I want to go ahead as planned and hope no one noticed?
I could not be a part of the deception. I called the rental agent for Rodgers & Hammerstein and explained the situation. He thanked me for being upfront about our plans and revised the contract to include grand rights for an additional fee: $25.00. We essentially got the necessary permission for free because I was honest.
We forge personal and professional reputations every day through our actions and inactions. This lesson was hard won, and I put it into use every day at my store, Boomer Music Company. Our customers trust our knowledge, experience, and ethics to help them love music and music making. Doing the right thing is always the right thing.