The most expensive moment to discover that copyright has not been cleared is a few days before the concert. What follows is a practical guide to the questions worth answering before production begins.

First question: is the work free, or protected?

Classical repertoire creates a false sense of security. Brahms is in the public domain. That tells you nothing about the edition of the score your orchestra is playing from.

A modern critical edition, a new orchestration, an arrangement or any other creative reworking may attract protection in its own right. A programme that appears to consist entirely of public domain works can therefore engage rights on more than one level.

The practical rule: do not look only at when the composer died. Look at which edition you are using, who published it, and whether it involves more recent creative or scholarly editorial work.

Second question: which right is engaged?

A concert rarely engages a single right. Depending on the circumstances, several distinct requirements can arise:

  • public performance of the musical work;
  • reproduction, where scores are photocopied or digitised;
  • hire of performance material, particularly for works available only as rental material;
  • related rights, where commercial recordings are used;
  • filming, live streaming, or subsequent publication of the event.

The last of these is probably the most frequently overlooked. A public performance licence does not, as a general matter, carry with it permission to film, stream or publish the concert. Those uses often require additional clearances and, depending on the circumstances, the consent of the performers or other rightholders.

Third question: who grants the licence?

Some rights are administered collectively, through collective management organisations. Others remain with the author, the publisher or another rightholder — particularly where material is supplied on hire, or where a specific licence is required.

The most common mistake is assuming that a single licence from a collective management organisation covers every possible right. Usually it does not.

The right question is not only “what does the licence cost?” but “which specific rights does it cover, and which are left outside it?”

Fourth question: when should clearance happen?

Securing the necessary licences belongs to the planning phase, not to the point at which the posters have been printed and the invoices issued.

The reason is practical. If it emerges early that a work cannot be used, or that the licensing cost is disproportionate, there is still time to change the programme. A few days before the concert, the available options are usually narrow.

For organisations that programme events regularly, a simple internal checklist applied when the programme is finalised will prevent most problems.

A closing observation

The regulatory framework for collective management in Cyprus continues to develop, and has been the subject of both legislative and judicial activity in recent years.

That development does not relieve organisers of the obligation to obtain the necessary licences. But it does mean that where a dispute arises over the amount or the legal basis of a charge, the question is not purely commercial or a matter for negotiation. It may call for specialist legal assessment.

Need an assessment?

Every case turns on its own facts and on the documents behind them. For an initial assessment of your position, you are welcome to contact the Firm at info@topouzislegal.com.

This article is provided for general information only and does not constitute legal advice on any specific matter.