Do small theater productions also have to pay for music licensing fees?

Question by joejoepumpkin: Do small theater productions also have to pay for music licensing fees?
I’m trying to produce a small play in Los Angeles (at a 64 seat theater.) I am wondering if need rights to play music in between scenes– obviously I know this isn’t okay for even indie films, but I wonder if that’s because it’s a recording. Do dance clubs have to pay for rights? Would this be any different?

Best answer:

Answer by Umphreak
Good question! Usage rights are a complicated issue. As long as you are not filming or otherwise recording, you can play any music you want. As long as:
1) you do not claim it as your own and
2) you don’t make any money off of it. That is, you cannot advertize that you are going to be playing copywrighted music in order to sell more tickets.

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