SSP/NTS Musical Commission Model

Contracts

Traditionally, a National Theatre of Scotland musical is commissioned in three parts, each with their own contract:

• Book written by the Book Writer (the script)
• Lyrics written by the Lyricist (the words to songs)
• Score written by the Composer (the composition).

Broadly, all terms are the same as the NTS Standard Play Contract.

All three commission contracts largely mirror one another.

Multiple people will often be working on each of the three parts, so will be named across more than one contract.

On occasion, the same artist/s will work equally across all three parts.  In this instance, a Musical Commission contract would be created covering all three parts.

Only when all three parts of the musical have been delivered, would it then be considered that a draft of the musical (as a whole) has been delivered, making this the date on which the 30 day response begins.

Additions/Exceptions

The following clauses are included in all three contracts:

Cast / Concept Album

• The Producer shall have the right to include the compositions in a concept or cast album. 
• The Composer will receive a share of a 60% authorship royalty on net receipts from the exploitation of the album alongside the Lyricist (and Book Writer where any text from the Book features in the songs), and after the Producers costs for the making and marketing of the album are recouped, and performer/musician royalties have been taken off the top.  The exact royalty due to the Composer, Lyricist and Book Writer will be negotiated via a separate agreement.

Merchandise

• The Composer/Lyricist/Book Writer will receive a percentage of net merchandising income, set at 50% of the Producer’s net receipts from the sale of merchandise, to be agreed.

Producers Participation

Added to the standard Participation Clause across all three contracts:

• The musical stage production rights in the Book shall merge with the musical stage production rights in the Music and the Lyrics on the opening night of the initial production of The Musical. Merger shall have the effect that the rights in the Book, the Music and the Lyrics (excluding small publishing rights in the Music and the Lyrics) shall be treated as if they are a single copyright work.

Deliverables

Add to the Score Contract only:

• It needs to be agreed with the Composer/s and stipulated in the contract how the Score will be delivered. The best option is as electronic demos.  If not, and the Composer/s will submit written scores, then the Producer and Composer need to agree a window in which the Producer will be responsible for having the Score recorded, that then becomes the official deadline for receipt alongside the other parts.

Terms and Fees

The NTS fee for a musical is calculated as 2x the NTS Standard Play commissioning fee.  This is then divided equally between the three contracts/parts.  A royalty of 10% is also split equally across all three contracts.

All option fees, and rights extension fees are the same as in a Play Commission, with each fee being split equally across the three parts.

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