Newsletter
December 2002/January 2003

ACCESS GRANTED Oshawa Little Theatre is opening its doors for Theatre Ontario Festival 2003
By John Watson

Imagine a place where a segment of the population was systematically prevented from experiencing live theatre.

The mind leaps to some totalitarian regime purposely discriminating against a group somewhere else in the world.  Yet this place is Ontario.  Many members of the disabled and aged community face physical and sensitivity barriers, barring them from attending live theatre in many communities across Ontario. 

In Ontario, there are 1.9 million people with disabilities.  This number is expected to increase as the population ages.  Two decades from now, it is estimated that nearly 20 per cent of the population will have a disability—that’s one in every five people. It is estimated that people with disabilities are responsible for $25 billion in annual consumer buying power in Canada.  When many people hear “disability,” they jump to the image of someone in a wheelchair.  In fact, the seven disability types identified by Statistics Canada are: hearing, seeing, speaking, agility, mobility, mental/learning and other physical disabilities. 68% of Ontarians with disabilities live outside of Toronto. 

As theatre audiences tend to be comprised of older adults, it is likely that more and more people visiting theatres will eventually have some form of a disability.  The incidence of disability increases with age. 

Are theatre companies and artists ready to accommodate the growing need for effective practices and policies in providing a dignified and respectful theatre-going experience to the disabled and aging community?

BOX OFFICE POLICIES AND PRACTICES
A box office horror story: a box office staff member would tell patrons the theatre facility was wheelchair accessible.  On evenings when he knew someone in a wheelchair was coming to the theatre, this staff member would work the front-of-house and carry patrons up the 10 stairs to the theatre space.

Having up-to-date, practical and well-understood box office policies is of prime importance to any theatre company.  Some of the policies a theatre needs to investigate for the disabled community include: service dogs, support staff and proper signage; as well as sensitivity training.

Most businesses and organizations are now comfortable with blind patrons working with service dogs.  But what about people with Epilepsy, Spina Bifida, Cerebral Palsy, or Autism, who are also working with service dogs?  All box office and front-of-house staff need to be properly informed about ticketing policies regarding people using service dogs.

Some members of the disabled community rely on support workers or attendants to go about their daily activities.  Many theatre organizations institute a box office policy in which the person pays for a regular priced ticket, while their attendant receives a complimentary ticket.  Most often, a person who is disabled or an attendant will identify this working relationship when ordering tickets.  

Box office and front-of-house staff need to be well informed about a production’s content.  Sometimes a slight amount of flashing light may cause a seizure in someone.  Fog effects may cause asthma attacks.  This isn’t to say that the artistic vision of a production needs to be compromised, but that patrons need to understand beforehand what they will be experiencing.  And if a patron has an asthma attack or seizure in the audience, will front-of-house staff be able to effectively offer assistance to the person? 

Theatre Ontario will be providing complimentary first aid training to community theatre groups that took part in Theatre Ontario’s health and safety survey.  Practical information about seizures and asthma attacks will be covered in this complimentary training. 

Some members of the disabled community use Alternative and Augmentative Communications (AAC) systems.  These include voice output systems (like the computer scientist Stephen Hawking uses to communicate with), communication books and boards with picture symbols and words.  When an AAC-user approaches a box office to order tickets, often times the box office staff ignores the AAC user and immediately starts speaking to the AAC-user’s attendant.  Conversations should be conducted with the AAC-user.

UNIVERSAL DESIGN
Universal design is the term used to describe a building’s functionality and accessibility.  These include ramps, elevators and door-opening push buttons.

The Belleville Theatre Guild is currently in its 51st season and continues to receive strong support from loyal members and subscribers. Over the last few years however, some patrons have not renewed their subscriptions and their absence is noticeably missed.  Audience-members state “We love theatre and want to continue, but I can’t climb all the stairs anymore!”
Says Jim Ross, President of the Belleville Theatre Guild: “It was decided that an elevator would improve accessibility. A local engineering firm was approached to prepare a preliminary draft with sketches and estimated cost projections. The BTG Executive then made a presentation to our members at our Annual General Meeting. After open discussion and membership input, a motion to proceed with the elevator and accessibility project was unanimously approved.”

People are now very familiar with wheelchair stalls in public washrooms.  But what about unisex or family washrooms?  Members of the disabled community using attendants or support workers often require assistance with personal care.  These family washrooms are more suitable and private for supported personal care.

Many theatres have removable seating to accommodate people using wheelchairs.  Most often these removable seats are in the last row of the audience.  Imperial Oil Centre for the Arts, owned by Theatre Sarnia has been very proactive ensuring its facilities are accessible.  Says General Manager Richard Poore, “The Imperial is a little different in that the front row has removable seats.   A local company donated the materials to restore the seats and make them removable.  In exchange the company got to name the seats.”

The New York State Council on the Arts has an excellent online resource, A Universal Environment: Beyond Access to Opportunity.  This resource includes information about various tools and processes used to make a facility and company more accessible.  This is also available as a printed publication.  www.nysca.org

AUGMENTIVE PERFORMANCES
Theatre companies need to embrace “augmented” performances to encourage the patronage of members of the disabled community.  These augmented performances use different communication systems and technology to enhance the performance.

American Sign Language (ALS) is used extensively by members of the deaf community, in fact it is the fourth most used language in the United States.  Theatrical Interpreting Resource Group (TIRG), based in Toronto, assists theatres in providing sign language interpretation of their shows.  TIRG has prepared a document outlining what is involved when interpreting for this environment.  This past summer, the Ontario Renaissance Festival (Milton), Shakespeare in the Rough and CanStage’s Dream in High Park offered shows interpreted into American Sign Language (ALS).  http://members.rogers.com/signtheatre

Theatre Erindale (University of Toronto at Mississauga) has hearing assistance devices.  When asked why the theatre has these devices, Production Manager Peter Urbanek responds, “Having the hearing assistance devices can increase audience numbers.”  These hearing assistance devices fit onto the user’s ear, and “program sound” is transmitted to them either by infrared or radio signal.  The potential effects at the box office are astounding—patrons who previously couldn’t hear your shows will now attend, multi-channel units can accommodate simultaneous translations, opening the door for people of different languages to attend performances and understand what’s happening onstage.  The system can also provide patrons with director’s notes or additional information during the performance.  Moira Gallagher, General Manager of Magnus Theatre (Thunder Bay) agrees.  “There are patrons who request the devices from our box office.  They are much appreciated by their users; it is a great service.”

Did you know that a 60-year old needs twice as much light as a 40-year old to read a show program?  It may be time to turn up the house lights, but what about a large-print show program?  Using sans-serif fonts (like Helvetica), and larger font size (point 12 and up) makes it easier for patrons with low vision to read programs.

FUNDRAISING
Theatre Sarnia has been very successful in fundraising to make the theatre more accessible.  “We have had donations from foundations, companies and individuals.  One man in construction built us a ramp to the stage (making the stage accessible) in exchange for rental of the theatre,” says Richard Poore. “The man has a daughter who uses a wheelchair and she and her classmates, also in wheelchairs wanted to do a show.”  The Imperial Theatre has received a National Access Awareness Week Award.

The Community AccessAbility grant program provides funding to not-for-profit organizations that wish to work with the broader public sector and private sector partners, such as the local chamber of commerce, a local business or the municipality to improve community access for people with disabilities.  The maximum grant for local projects is $5,000.  For more information contact the Ontario Ministry of Citizenship.  www.gov.on.ca/citizenship/accessibility

The Ontario Trillium Foundation funds programs that support access and that meet the diverse needs of Ontarians.  These projects can include capital costs (including renovations up to $75,000), and specific project costs.  Contact your community’s Program Manager to speak about different accessibility projects that could be eligible for funding.  www.trilliumfoundation.org

The Belleville Theatre Guild has made a successful application to The Ontario Trillium Foundation to renovate its building.  These renovations include the installation of an elevator and wheelchair accessible washrooms, plus a “face lift” of the building’s exterior and box office areas.

LEGISLATION
The United States has broad-sweeping legislation, the Rehabilitation Act (Section 504).  The legislation mandates all organizations receiving federal funding have an accessibility coordinator, responsible for ensuring programs, policies and practices don’t discriminate against the disabled community.  Even if the organization is run by volunteers, one person or a staff of hundreds—if funding can be traced back to federal sources (federal arts council to state arts council to municipal arts council to arts organization) that organization must have such a coordinator.  This past August, the John F. Kennedy Center for the Performing Arts (Washington, DC) hosted a conference, ADA/504 Coordinators and Accessibility Managers in the Cultural Arts.  This four-day conference included topics such as universal design, community outreach, interpreting/captioning techniques and legal requirements.

In California, the legislation goes even further.  If a disabled person can do a particular job, the place where that job takes place must be accessible.  Someone in a wheelchair can operate a lighting board, and so a technical booth needs to be fully accessible. 

Such legislation does not exist in Canada.  In fact, legislation varies province to province, with Ontario enacting the Ontarians with Disabilities Act in 2001.  While this act has moved the issues of accessibility forward considerably, the act is still vague in terms of timelines for implementation.  The act requires municipalities, school boards, hospitals, colleges and universities, and public transportation organizations to improve opportunities for people with disabilities and to provide for their involvement in the identification, removal and prevention of barriers.

Theatre is supposed to be inclusive of all people.  At the moment, a segment of Ontario’s population is being prevented from taking part in the theatre experience.  Are we forward-thinking enough to support the participation of the growing disabled community in our audiences?


MEMBER PROFILE
Oshawa Little Theatre
by Julianne Baragar

Oshawa Little Theatre is opening its doors for Theatre Ontario Festival 2003 Though the Oshawa Little Theatre celebrated their fiftieth anniversary in 2000, the city’s history of community theatre extends back almost 75 years.  In 1928, Verna Conant, wife of Gordan Conant who later became Premier of Ontario, hired a professional director from Winnipeg to create shows in Oshawa.  They assembled a group that staged a few plays each season, but after only four years the original OLT folded under the weight of the depression. 

In 1950, Conant decided to try once again to bring community theatre to Oshawa.  She became the first president of the new OLT, and in its first season, the theatre produced two plays in a high school auditorium.  For many years, the company performed small seasons in various venues around the city.  Now, according to Judith Edmondson, Membership and Newsletter Coordinator, OLT boasts a membership of over three hundred individuals and families, a core group of dedicated volunteers, and a brand new 360-seat theatre to call home.  Oshawa Little Theatre has been a Theatre Ontario member for over 25 years.

During the season, Oshawa audiences are treated to a comedy, a drama, a musical and one other play, quite frequently a mystery.  Not only do they produce a full season, but OLT also provides opportunities for young performers through their active Youth Group.  Every autumn, students aged 10 to 16 audition for a space, and twenty-five are selected for this intense project.  Throughout the season, the participants engage in workshops and rehearsals that culminate in a full production.  Several Youth Group alumni have gone on to successful careers in the performing arts.

Oshawa Little TheatreThe 2002/2003 season is particularly busy for OLT as they will host the Theatre Ontario Festival in May.  In 1991, Edmondson chaired the committee that coordinated the first community theatre Festival in Oshawa.  Remembering the experience fondly, she recalls the formality of the event: Lincoln Alexander, then Lieutenant Governor of Ontario, was present at the opening ceremony; the city of Oshawa hosted a glamorous closing night gala dinner and dance; and the private adjudication occurred behind firmly closed doors, late at night, after the set was struck. 

Michael Roantree served on the 1991 Festival committee as well, overseeing the educational aspects of the event.  A member of OLT for 13 years, Roantree has held a number of positions on the board, and this season his job description is Theatre Ontario Festival Coordinator.  He has been working for months with a group of eager volunteers planning the event. 

Theatre Ontario Festival 2003 promises to be an excellent opportunity to share and learn.  Canadian playwright Allan Stratton, a Theatre Ontario Talent Bank member, will adjudicate the four productions. Other facilitators will be present to conduct workshops.  Roantree is proud that Oshawa’s theatre has enough space to host workshops and adjudications at the same time as rehearsals are being held on stage.  The theatre, which OLT has owned and operated for twenty years, will receive a major redecoration (including the addition of an assisted hearing system that works on patrons’ walkmans) before it becomes a hub of activity in the spring. 
Theatre Ontario Festival 2003, the 52nd annual showcase of Ontario’s best community theatre productions will be co-hosted by Oshawa Little Theatre, Theatre Ontario, and ACT-CO, May 14 to 18, 2003. 

Tickets to Theatre Ontario Festival are available by contacting the Oshawa Little Theatre.  There is a Discounted Series (all four plays) available until December 31, 2002 ($60 each), as well as tickets for the Awards Brunch on Sunday May 18 ($30 each).  Individual tickets are also available ($18 each).  Fax your order to 905-723-1733.   www.olt.on.ca


COPYRIGHT MUSINGS ABOUT COPYRIGHT MUSIC USE IN PLAYS
by Kenny Chan

Got the rights to the play?
Yup.

And you have your director?
Absolutely! 

Actors?
Of course! 

What about that Stage Manager person? 
Uh huh! 

Permission to use copyright music in the play? 
… WHAT?!?

Music is an integral part of a play.  We use music to establish a mood, provide background noise, fill that dead air during those scene changes and many other things. You probably never notice it, but practically all of the shows that we watch use music, live or recorded, in some capacity.  Unfortunately, we tend to forget that most of the music we use, like most of the plays we put on, is protected by copyright and what's more, we often forget to obtain permission from the copyright owner before we use it.  And the process to obtain permission to use copyright protected musical works is often tedious and time consuming, which may be another reason why so many people “forget” to obtain the rights to the music they use. 

Copyright applies to the original expression of an idea in works such as songs, plays, novels, magazine articles and computer programs.  It gives the copyright owner the sole right to produce or reproduce and use the copyright material in any number of ways they want.  In Canada, any original work created is automatically protected by copyright.   The creator of a work is not necessarily always the owner of the copyright.  Copyrights can be transferred or licensed to other people, and most published artists will transfer their rights to their publishers and/or agents. 

The Canadian Copyright Act, federal legislation established in 1921, is an act that protects copyright owners from other people copying their original work without permission.  And according to the Canadian Copyright Act, any public performance of copyright material requires permission to be obtained in advance.   It’s important that you acquire the rights for the music you use as songwriters and lyricists primarily make their living through royalties.  
That’s all wonderful… but how does one actually go about getting permission to use copyright music in our shows?

To get permission to use copyright protected music in a show, you have to first examine how the music will be used in the production.  If the play that you’re putting on is actually a musical, like Miss Saigon or South Pacific, then you probably don’t have to specifically request permission to use the music.  The rights and royalties you pay for the play itself will often cover the use and performance of the music.  The right to perform complete musicals, operas and ballets are referred to in the copyright world as, Grand Rights. 

Now, what if you’re using music for pre-show, intermission and post-show?  The rights you need to obtain to use the music for the aforementioned purposes are known as Small Rights or Performing Rights.  Performing Rights are the rights to perform non-dramatic musical works in a public performance.  The Society of Composers, Authors and Music Publishers of Canada, otherwise known as SOCAN administers Performing Rights through licences and tariffs, a listing of which is available by contacting SOCAN.  The use of music in pre-show, intermission and post-show, which falls under Tariff 15A, isn’t licensed on a “per song” basis.  Rather, it’s calculated by the size of the facility in which the music will be playing to exactly $1.18 per square meter per year.   This tariff allows the owners of the facility to play any song in SOCAN’s repertoire as background music.  Under the Copyright Act, owners of facilities can be found liable for copyright infringement if SOCAN licences are not obtained in advance for events with music. It’s the facility owner’s duty to pay for this tariff as they are the ones who are allowing the music to be played.  To find out more about SOCAN, visit their website at www.socan.ca.

Now, this is where things get a little confusing.  SOCAN may deal with performing rights, but the rights to use copyright protected music in a show or in a musical review are not administered by SOCAN.

If you are planning on adding music to your show which isn’t specifically written into the script, wanting to perform a song live, or to create a parody of a song or change/modify an existing song, you’ll have to seek permission from the individual copyright holders of the songs.  This also includes background and ‘mood music,” music for scene changes, curtain calls, or when you’re creating a musical revue or a cabaret night.  And even if the song is specifically written and indicated in the script, the royalties of the play may not cover the rights for the song.  Check to see if the play covers the right to use the music when you apply for the rights to the play. 

Unfortunately, there’s no simple way of going about obtaining the rights to a song used in your play.  First of all, give yourself plenty of time to go through the process of obtaining the rights to use the music.  Secondly, always have a back up plan if you’re unsuccessful in obtaining the rights.

Begin by checking out the CD cover information for the following information:  The album title, the name of the song, the artist(s) who performed it, the composer and lyricist, the record company and their mailing address and phone number.

If that information is unavailable, do some research online to find out the relevant information.  A list of resource websites and suggested reading is available at the end of the article. 
Generally, there will be some basic information that the record company and/or publisher will need from you.  Some of the commonly requested facts asked for are:  the song title, the show you are producing, who is producing the show, the exact timing of how much you want to use, and how many other songs will be used in the show.  This list is only a basic idea of what type of information the publisher may want.   Some publishers or copyright owners may even request that you acknowledge the music that you use in your programs.  It’s always best to find out the specific requirements from each publisher.

Locating a copyright owner can be extremely difficult.  If, for some reason, you absolutely cannot find or contact the copyright holders of the song, you can contact The Canadian Copyright Licensing Agency (Access©) to help you find the information.  If Access © is unable to help you, you can turn to the Copyright Board of Canada to issue you a licence on behalf of the unlocatable copyright holder.  Canada’s Copyright Act authorizes the Copyright Board to act on behalf of unlocatable copyright owners, however, the application process to obtain rights from the Copyright Board tends to be quite lengthy and complicated.  Further information on this process can be found online at
www.cb-cda.gc.ca/unlocatable/brochure-e.html or can be obtained from The Secretary General of the Copyright Board of Canada. 

If you are successful in locating all of the copyright owners and in obtaining the rights to use the music, you may want to compile the songs onto a single CD so that your sound technician doesn’t have to constantly change CDs or tapes.  Before you go ahead and copy the music onto a CD, you’ll want to contact The Canadian Musical Reproduction Rights Agency Ltd. (CMRRA) to obtain a Mechanical licence.  CMRRA administers these Mechanical licenses that authorize the reproduction of music from CDs and cassettes.  To find out more about CMRRA and mechanical licenses, visit their website at www.cmrra.ca and request a brochure.

When is music free to be used?   Copyright protection only lasts from the day of the initial creation of the work until 50 years after the death of the final collaborator of the work.  This means that Tchaikovsky’s Sugar Plum Fairy, Tchaikovsky having been dead for much more than 50 years, is considered “Public Domain” and is free to be used.  However, this doesn’t mean that you can use any song in Public Domain without obtaining the rights or paying fees.  For example, if you wanted to use the Toronto Symphony Orchestra’s recording of the song, you would still be required to get permission from the Toronto Symphony Orchestra to use that recording.  This is because, while the song itself is in Public Domain, the specific recording of the song is protected by copyright. 

The Copyright Act also states that copyright material may be used without the risk of copyright infringement for specific purposes.  This exception is called Fair Dealing and is detailed in part three of the Canadian Copyright Act.  Fair Dealing covers use of copyright protected material for research or private study, criticism or review, news reporting, reproduction and performance for educational purposes (part of the curriculum).   While you’re able to use copyright material for these purposes for free, there are many requirements that need to be met in order for Fair Dealing to come into effect.  For example, copied material must be destroyed after a specified amount of time for each specific use of the material.  For further information, check out the online version of the Canadian Copyright Act at
www.cb-cda.gc.ca/info/act-e.html

There are many other aspects of copyright protected music use in theatre that aren’t covered in this article.  Here are helpful links that will enable you to research this topic and how it specifically affects you and your production.  The important point that must be understood is that the music is copyright and we absolutely must obtain permission to use those songs in our shows.  To put on a production without acquiring the rights is an infringement of copyright and can lead to legal action taken against you by the copyright owners.  It doesn’t matter who you are, be you a small community theatre group or an international for-profit-mega-musical-machine:  copyright laws apply to everyone.  For your own best interest, and for the livelihood of the music makers, obey your copyright obligations, have fun and get on with the show!

Helpful links and contacts to help you out in your copyright travels:
The Copyright Board of Canada
www.cb-cda.gc.ca
56 Sparks Street, Suite 800, Ottawa ON  K1A 0C9, Phone: 613-952-8621

Society of Composers, Authors and Music Publishers of Canada Limited (SOCAN)
www.socan.ca

41 Valleybrook Drive, Don Mills ON  M3B 2S6, Phone: 1-800-557-6226

Canadian Musical Reproduction Rights Agency Limited (CMRRA)
www.cmrra.ca
56 Wellesley Street West, #320, Toronto ON  M5S 2S3, Phone: 416-926-1966

The Canadian Copyright Licensing Agency (CANCOPY)
www.cancopy.com, www.accesscopyright.ca

1 Yonge Street, Suite 1900, Toronto, Ontario, M5E 1E5, Phone: 1-800-893-5777, Fax: 416-868-1621

Canadian Music Publishers Association (CMPA)
www.cmrra.ca
56 Wellesley Street West, Suite #320, Toronto ON  M5S 2S3, Phone: 416-926-1966

Canadian Music Centre (CMC)
www.musiccentre.ca
20 St. Joseph Street, Toronto ON  M4Y 1J9, Phone: 416-961-6601

SONG WEBSITES
Broadcast Music, Inc. (BMI)
www.bmi.com/songwriter

The American Society of Composers, Authors and Publishers (ASCAP)
www.ascap.com

All Music Guide
www.allmusic.com

Composer/Lyricist Database
www.nfo.net/.CAL/tunesmit.html


PUBLISHER WEBSITES:
Warner/Chappell
www.warnerchappell.com

Boosey & Hawkes
www.boosey.com

EMI Group
www.emigroup.com 

Click here for other topics regarding copyright in theatre.