Whose right, who's right: how to get the rights to choreograph to copyrighted music.

Le Sacre du Printemps. Appalachian Spring. Swan Lake. Agon. What do all of these ballets have in common? All of them, though timeless, were of their time because they were the products of living, contemporaneous choreographers and composers.

Many choreographers are not using contemporary music today. While some undoubtedly do not know how to go about gaining permission to use new music, many choreographers may actually dread doing so. Such fears are often unfounded.

How Do You Find the Music?

There are numerous sources for contemporary music: record stores; library collections; dance, music and radio concerts; music departments of colleges, conservatories and universities; the American Music Center; and rights-gathering societies, such as the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Incorporated (BMI). One excellent source is the publishers themselves; most can provide both material and a listening room, and often expert advice. They even provide tapes for consideration via the mail. Linda Golding, President of Boosey & Hawkes music publishers, assured me that most publishers are happy to have visits and inquiries. They want to establish relationships with choreographers and welcome the opportunity to learn more about the art form.

Publishers can provide information about what music has been chosen by other choreographers, what pieces have been specifically written for dance, which composers are particularly interested in having their work choreographed, who is writing in the general style you are looking for (if you have gotten that far in your thinking), whether a composer might be amenable to emendation or reprise or the use of part of a piece, and how to reach the record company if you will be using recorded music.

How Do You Obtain Rights?

Once you have chosen music you wish to choreograph, what next? Permission to use that material must be obtained from the composer or his representative. This is the step that most terrifies, but it can be a relatively simple process if one knows to go about it. It is essential and in your own bests to do so as soon as possible, preferably before choreographing. Michael Krause, one of the founders of New Choreographers On Point and a choreographer who often uses new music, suggests that you prepare a letter which contains as much of the following information as possible:

* When the performance(s) will take place

* Where the performance will take place including the studio

* Admission price

* The size of audience expected

* The amount of money you expect the event to generate

* The fee, if any, the choreographer will receive

Krause finds that most composers are sympathetic if the event is a workshop or showcase because they understand that no one is realizing a profit. Be sure to mention if the performance is in a school or if the piece will be shown as a work in progress and, most important, keep a copy of the letter for reference.

The letter should be mailed either directly to the composer, if you know how to contact him or her, or to the publisher, lawyer, or other representative. As a rule of thumb, the younger or less known the composer, the more logical it is to make the contact directly. Older or more established composers have representatives and share ownership of their work in such a way that they cannot, even if they wish, give permission without reference to those representatives. Some composers may smooth the way if contacted personally, but there is also the possibility that they may be put off by a direct approach; the function of their representatives is precisely to relieve composers of the burden of writing letters, answering phone calls, and negotiating fees.

Both Krause and Leslie (Les) Schoof, former director of operations for American Ballet Theatre, recommended approaching the composer directly, while Golding suggested it was more appropriate to approach the representative. Schoof pointed out that the attitude of the choreographer influences the attitude the composer. Some choreographers think of the while others want to really know it, to explore its structure and meaning. Ideally,there will be a bonding between choreographer and composers may even be willing to modify a composition to make a better fit. There is no formula because there are no two cases alike.

Very often the permission inquiry letter will need to be followed up by a telephone call, as the answer may be a bit slow in arriving. If you choose to fax rather than to write, follow up with a letter. A fax is neither a permanent nor a legal document; you will want to have something concrete to show that you have made the contact.

What Will It Cost

It is not easy to estimate costs, as these vary widely from publisher to publisher, composer to composer, estate to estate. Schoof suggests that, ironically, second-generation rights holders such as estates and heirs are usually less malleable about fees and use than the composer himself. Also, if one is dealing with "popular" music, the expectations about fees is quite different from those of a "classical" composer. Pop artists may consider dance fees too small to be worth the trouble. Some stars may even waive fees to support fellow artists, as Prince did by giving Joffrey Ballet the right to use his music in Billboards. One source told me that Prince had been quoted anything from no fee at all to $1,000 per performance!

A $25 fee is not unheard of; however, don't assume that such a low fee is the norm. It is certainly not the median. My own experience as a producer of concerts over an eight-year period was that the fees were commensurate with the situation and the ability to pay, and that quoted fees could be reduced if the amount was truly beyond the choreographer's means.

Everyone interviewed stressed that fees are negotiable, so don't assume that the initial offer is the final word. Golding says, "Haggle." Schoof says, "Negotiate until you find a compromise that everyone can live with." He stressed that many composers and their publishers look forward to the opportunity to have their music played in new venues.

When Should You Start?

Obviously, the earlier you contact with the composer or publisher, the better your negotiating position. If the composer absolutely does not wish the music to be choreographed, then the sooner you learn this, the better. (Remember Eliot Feld's beautiful Four Last Songs which had to be performed in silence because of the inflexibility of the Richard Strauss estate.)

Once you have agreed on the fee, get something in writing. If it is not forthcoming, write up the results of your agreement yourself and send it to the composer or representative. Once again, be sure to keep a copy. Do invite the composer and representative to the concert; they will undoubtably be interested to see what you have done. Be sure, as well, that you have given appropriate credit to the composer and his representative in programs, press releases, advertisements and billboards. You are using the work of another artist; it is unforgivable to omit such credits. As a courtesy, follow up with copies of reviews.

If you are using live music, the process is now complete. Unfortunately, if you use a recording in the performance, the whole process needs to be repeated with the recording company. While the composer owns the music itself, it is the record company which represents that particular performance of the music.

Are All These Steps Necessary?

There are two very sound reasons for following this procedure, the first practical and the second ethical. From a practical point of view, it is simply illegal to use someone else's intellectual property without permission, and one does so at one's peril. Publishers regularly peruse the daily papers to find who is performing what. They can and do follow up by demanding payment which, at this point, is nonnegotiable. Not only will the cost go up, but future performances will be jeopardized. .

Ethically speaking, who better than a choreographer can understand that the work of an artist should be his or her own property and must be treated with appropriate respect? It is important for the survival of both art forms that composers and choreographers interact. To recognize that the composer has made an important contribution is to serve both the art of dance and the art of music.

RELATED ARTICLE: SOME USEFUL ADDRESSES

ASCAP 1 Lincoln Center Plaza New York, NY 10023 [phone]

American Music Center 30 W. 26 St., Suite 1001 New York, NY 10010 [phone]

BMI 320 W. 57 St. New York, NY 10019 [phone]

Boosey & Hawkes 24 E. 21 St. New York, NY 10010 [phone]

Oxford University Press 200 Madison Ave. New York, NY 10016 [phone] [phone]

Europe American music 2480 Industrial Blvd. Paoli, PA 19301 [phone]

New York Public Library for the Performing Arts 11 Amsterdam Ave. New York, NY 10023 [phone]

Theodore Presser Music Store Presser Place Bryn Mawr, PA 19010 [phone]

G.Schirmer 257 Park Ave. South New York, NY 10010 [phone]

C.F. Peters Corp. 373 Park Ave. South New York, NY 10016 [phone]

Muriel Topaz, a Dance Magazine editorial consultant, was director of the dance division at the Juilliard School (1985-92) and executive director of the Dance Notation Bureau (1978-85).