Terms and Conditions of Production
(The term THE SCRIPT used herein is defined as the intellectual property represented by Chanticleer Productions, LLP for which your organization has requested performance rights.)
Presentation
THE SCRIPT must be presented only as indicated in the script provided by Chanticleer Productions, LLP, without any changes, additions, alterations or deletions to the text. These restrictions shall include, without limitation, not altering, updating, or otherwise changing the locales or settings of the play in any manner without prior consent.
Changes
Requests for changes to the script must be made in writing to Chanticleer Productions, LLP in advance of the opening of the production. Such request will not be reasonably withheld. Any and all changes or additions shall become the sole property of the Author.
Reproduction
The Theatre’s production of THE SCRIPT will be produced and presented only on stage with living actors in the immediate presence of the audience and will not be preserved or presented in whole or in part by film, radio, television, internet webcast or stream, or recording including without limitation, phonograph records or tapes, audio or video cassettes or compact disks, or any other digital or electronic media. Reproduction of any kind, including for personal use, is also strictly prohibited. All rights to THE SCRIPT not expressly granted to the Theatre are reserved by the Author without restriction or limitation.
A licensed Theatre may make one photocopy of the libretto or playscript of THE SCRIPT for use by each member of the cast, the music director (if applicable), stage manager, assistant stage manager, producer, and credited designers. No other photocopies may be made for distribution or for any purpose. No more than twelve (12) copies of the libretto or playscript may be photocopied or otherwise printed by any means without the express written consent of Chanticleer Productions, LLP, which asserts the right of ownership of all copies of the libretto or playscript and which, at any time, may request the return or destruction of any authorized or unauthorized copies of the libretto.
Author’s Credit
The Author shall receive credit as sole and exclusive creator of the THE SCRIPT in all programs distributed in connection with performances of the play and in all instances in which the title of the play appears for purposes of advertising, publicizing or otherwise exploiting the play and/or the production thereof. The Author’s name will appear directly beneath the title of the play in all programs, advertising, houseboards, and printed matter under the control the Theatre in type not less than 50% of the size of the title type. No other name may appear larger or more prominently than that of the Author.
In all programs distributed in connection with performances of the play, the following must appear on the title page: “THE SCRIPT is presented through special arrangement with Chanticleer Productions, LLP.”
In all programs distributed in connection with performances of the play where brief biographies appear, a brief biography of the Author and supplied by his/her Representative must also appear.
Regarding Musical Numbers in A BROADWAY CHRISTMAS CAROL
A BROADWAY CHRISTMAS CAROL is a musical parody. Chanticleer Productions, LLP licenses the libretto by Kathy Saylor for a royalty fee but does not license the music as we do not own nor do we claim copyright to the musical works being parodied in A BROADWAY CHRISTMAS CAROL. To that end, Chanticleer Productions, LLP will not license nor provide a musical score.
The laws of parody in this country do allow the music to be used as the lyrics must be accompanied by the music in order for the parody to occur. This is explained in the “fair use” clause of US copyright law.
The law allows for the songs to be “exploited” as the song parody is an original work for comic effect or ridicule. The rules say that the song must parody the performer, the performance or the original intent of the song. In multiple court cases, including the Supreme Court of the United States, in the 2Live Crew “Oh, Pretty Woman” case, Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), and Berlin v. E.C. Publications, Inc., 329 F.2d 541 (2d Cir. 1964), which established the so-called “Mad magazine exemption,” have sided with parody artists under “fair use.”
For a complete list of songs that are parodied in A BROADWAY CHRISTMAS CAROL, please send us a message using the form on the Contact Us page of this website.
Branding Identity – A BROADWAY CHRISTMAS CAROL
In all programs distributed in connection with performances of the play and in instances in which the title of the play appears for purposes of advertising, publicizing or otherwise exploiting the play and/or the production thereof other than listings or other small advertisements where only the title, author and theatre information is included, the Theatre is encouraged use the tagline “a little song, a little dance, a little egg nog down your pants” as well as the “Dancing Scrooge” logotype to be supplied by Chanticleer Productions, LLP. This logo shall be credited as: “Dancing Scrooge logo by Lucas Feininger.”
Branding Identity – ALL OTHER SCRIPTS
In all programs distributed in connection with performances of the play and in instances in which the title of the play appears for purposes of advertising, publicizing or otherwise exploiting the play and/or the production thereof other than listings the author’s name must also appear directly below the title of the play. Chanticleer Productions, LLP can, at the licensed theatre’s request, provide electronic versions of high quality artwork/show logos for any script in its current catalogue at no cost. Letters of Agreement for plays other than A BROADWAY CHRISTMAS CAROL may or may not stipulate the use of artwork supplied by Chanticleer Productions, LLP.
Place and Dates of Performances
Performances must take place on the dates specified in your Letter of Agreement and in the location designated therein. Any proposed changes in the dates, venue or number of performances must receive prior written approval by Chanticleer Productions, LLP.
Rights Withdrawal
Amateur (Non-Professional) production and leasing rights for this production may be withdrawn by Chanticleer Productions, LLP up to 120 days prior to the first scheduled performance as outlined in the Letter of Agreement. Any fees previously paid will be promptly refunded and Chanticleer Productions, LLP shall have no other financial or legal responsibility with regard to such withdrawal.
Theatres which have requested rights to THE SCRIPT and which have received a Letter of Agreement should sign and return the Letter immediately. Terms and Conditions outlined in the Letter are valid for thirty (30) days. Any Letters not signed and returned as well as any monies due for purposes of royalty security and guarantee not received within thirty (30) days may result in a forfeiture of rights.
Chanticleer Productions, LLP reserves the right to withdraw the rights to any production at any time.
Advance Guarantees/Cancellations/Refunds
All monies advanced to Chanticleer Productions, LLP upon and after signing a Letter of Agreement and prior to the beginning of a scheduled production are considered a guarantee of production and are generally not refundable except under the circumstances outlined below. Should a licensed organization cancel a production heretofore agreed upon, the reasons for such cancellation must be sent in writing to Chanticleer Productions, LLP as soon as a cancellation is determined. If a professional production is cancelled more than ninety (90) days prior to the first scheduled performance as outlined in the Letter of Agreement, the licensed theatre will be refunded all monies advanced to Chanticleer Productions, LLP, less $250 which will be deemed a non-refundable security of rights guarantee.
If a Non-Professional production is cancelled more than ninety (90) days prior to the first scheduled performance as outlined in the Letter of Agreement, the licensed theatre will be refunded all monies advanced to Chanticleer Productions, LLP, less $100 which will be deemed a non-refundable security of rights guarantee.
If any production, Professional or Non-Professional, is cancelled ninety (90) days or less prior to the first scheduled performance as outlined in the Letter of Agreement, all monies advanced to Chanticleer Productions, LLP will be forfeited by the organization and no refunds will be issued.
Non-Professional organizations who are assessed a royalty per performance are not granted refunds of or adjustments to total royalties in the event that a performance is cancelled due to inclement weather.
All monies advanced to Chanticleer Productions, LLP by Professional organizations will be considered a minimum royalty guarantee. No refunds will be issued if Theatre fails to meet or exceed the guarantee.
Appeals
All appeals for refunds of any kind should be accompanied by a written explanation and forwarded immediately to Chanticleer Productions, LLP. Any refunds issued are at the sole discretion of Chanticleer Productions, LLP.
Definitions
PROFESSIONAL — Any organization which has entered into a contract with Actors’ Equity Association or any other Four A’s contract; any organization which has not entered into an agreement with Actors’ Equity Association or any other Four A’s contract but which pays its actors and stage managers on a contractual basis for both rehearsal and performance; any organization which considers itself to be and promotes itself as a professional theatre, opera, musical, or performance company.
NON-PROFESSIONAL — Any organization which promotes the theatrical process as an avocation and which does not seek to hire actors and stage managers who are members of a professional union or who themselves would ordinarily be considered professionals; any organization which uses volunteer actors, stage managers, and designers for its productions; any organization which compensates its actors and stage managers with a stipend or honorarium which is significantly lower than the lowest stated Equity minimum compensation for your region and which could not be considered a salary; any organization which is considered to be a “community theatre,” which, shall be interpreted to mean “non-professional theatre” for purposes of licensing; any recognized educational institution which engages in theatrical productions using solely student actors who will not receive monetary compensation for their performance.
COMMERICAL — Any organization which seeks to realize a net profit at the end of a theatrical run and which is not organized under section 501(c)3 or other special section of the Federal tax code which exempts said organization from income tax and which cannot under Federal regulations seek or accept tax-deductible contributions.
NON-PROFIT — Any organization which is organized as a 501(c)3 tax exempt, not-for-profit instution.
COLLEGE OR UNIVERSITY AFFILIATES — Theatrical organizations which are affiliated with or which are organized under the umbrella of a college or university which engage Equity or non-Equity actors are considered professional organizations. College or university affiliated theatres, regardless of their non-profit status which engage solely student actors are considered non-professionals.
College or university affiliated theatres or programs which seek to produce a show using both professionals and students should send detailed information as well as a ratio of professional to student actors and stage managers for determination of professional status.
Royalty Terms
Chanticleer Productions, LLP determines Royalties for its properties based on several factors: professional status, size of market, size of house, length of run and potential percentage of seats to be sold.
Professional Productions are generally charged on a percentage of total gross box office, including all forms of direct ticket income — single tickets, discount tickets, gift certificate redemptions, flex ticket redemptions and subscription tickets. Professional production rights are held with a non-refundable minimum payment, known as a Guarantee.
Non-Professional Productions are generally charged a set fee per performance. Royalties for Non-Professional productions are, in general, significantly lower than for Professional productions. Because of this disparity, Chanticleer Productions, LLP will not license a Non-Professional production if a Professional production has already obtained rights in the same geographic area. Chanticleer Productions, LLP also reserves the right to cancel Non-Professional performance rights should a more remunerative, Professional offer be made in the same area. (See Terms and Conditions for more information.)
Fundraising Productions are generally charged a flat fee based on a variety of factors including size and location of venue, standard maximum ticket price and total ticket price (including portion of ticket price being donated).
As a Fundraiser
FUNDRAISING PRODUCTIONS — Chanticleer Productions, LLP is now licensing productions of A BROADWAY CHRISTMAS CAROL for fundraising events. A BROADWAY CHRISTMAS CAROL makes an excellent vehicle for year-end donor events at your theatre, opera, or musical performance company. To request rights for a single evening or very short run fundraising event, please fill out a Letter of Inquiry, found on the Contact Us page, and note “Fundraising Event” in the Additional Comments section. After we receive your request, we may require additional information from you to process your request for Rights.
Please Note: Fundraising productions of A BROADWAY CHRISTMAS CAROL may not be available in your market. Chanticleer Productions, LLP reserves the right to cancel any fundraising production up to 120 days prior to the scheduled performance if a more remunerative offer is made within your market. Original licensee will be given the opportunity to counter any offer. Terms and conditions of licenses for fundraising productions may differ from those stated elsewhere on this website.
Royalties for fundraising productions are based on a variety of factors – your market, total budget size of your organization, number of performances, etc. Requests for fundraising productions are made on a case-by-case basis and may take longer to process than normal requests for rights.
A BROADWAY CHRISTMAS CAROL 