Introduction
If you are a composer, producer, or songwriter, you are probably already familiar with performance rights. They are part of your everyday professional life, whether your music is streamed online, played in a bar, or broadcast on the radio. But what about Grand Rights?
The distinction between Grand Rights, often called Dramatic Rights, and Performance Rights, sometimes referred to as Small Rights, is one of the lesser-known but very important differentiations in music publishing. Understanding where one ends and the other begins is crucial for both protecting your creative work and securing the royalties you are entitled to.
At the heart of the matter lies the context of performance: whether music is used as part of storytelling in a live dramatic work such as a musical, opera, or ballet, or whether it is presented in a nondramatic setting such as a concert, film broadcast, or streaming service.
1. Performance Rights: The Everyday Context
Performance Rights, sometimes referred to as Small Rights, cover the nondramatic use of music, meaning situations where music is presented to an audience but not tied to a narrative or plot. These rights are handled collectively by Performing Rights Organizations such as ASCAP, BMI, PRS, GEMA, or SACEM. The PROs license the use of music to radio stations, streaming services, venues, and other outlets, and they collect and distribute royalties to the songwriters and publishers they represent.
For most composers and producers, this is the type of licensing they encounter on a daily basis. A pop song performed in a concert, an instrumental track streamed on Spotify, or a background score placed within a television series all fall into this category. Performance Rights are broad and recurring, and while each individual use might be modest, the collective weight of these uses can become a steady and essential income stream.
2. Grand Rights: The Dramatic Context
Grand Rights form a separate category of music licensing altogether. They are not simply another version of performance rights but a distinct category that must be understood on its own terms.
Grand Rights specifically concern the public performance of musical compositions in a dramatic setting. This includes operas, musicals, ballets, plays with music, and other works where music is integrated into the unfolding of a story. In these contexts, the music is not background or atmosphere but a driving element of the narrative itself.
Unlike performance rights, which are handled through PROs, Grand Rights are never licensed collectively. They require direct negotiation with the composer, the publisher, or a designated agent. This distinction is not only legal but also practical, because dramatic productions often involve higher economic value and longer-term commitments.
Some well-known examples make the picture clear. Lin-Manuel Miranda’s Hamilton represents Broadway musical theatre at its most successful, where Grand Rights govern the licensing. Twyla Tharp’s Nine Sinatra Songs, a ballet built around existing music, also requires direct Grand Rights licensing. Philip Glass’s Einstein on the Beach and John Adams’s Nixon in China are further examples of contemporary operas where Grand Rights apply. In each of these cases, the music is inseparable from the plot and staging, and the right to use it must be negotiated directly with the rights holder.
| Grand Rights (Dramatic Rights) | Performance Rights (Small Rights) | |
|---|---|---|
| Definition | Right to publicly perform music as part of a dramatic work where it advances the plot or narrative. | The right to perform music in a nondramatic context, managed collectively. |
| Examples | Musicals (Hamilton), ballets (Nine Sinatra Songs), operas (Einstein on the Beach), dramatic plays with music. | Radio broadcast, film and TV background score, concerts, restaurants, streaming platforms. |
| Who Licenses | Directly from the composer, publisher, or a designated agent, never through a PRO. | Through PROs such as ASCAP, BMI, PRS, GEMA. |
| Control | Negotiated individually, with composer or publisher retaining direct authority. | Managed collectively, non-exclusively, by PROs. |
| Legal Category | A separate category of rights, not a subset of performance rights. | A specific type of public performance right for nondramatic uses. |
| Value/Scope | Often higher-value, tied to storytelling productions. | Broader scope, recurring and cumulative over many uses. |
In short: Performance Rights apply to everyday nondramatic contexts such as radio, streaming, or concerts. Grand Rights apply when music becomes part of storytelling in operas, musicals, ballets, or plays.
3. Storytelling as the Key Distinction
The most reliable way to draw the line is to ask a simple question: does the music advance the plot or is it integral to telling the story? If the answer is yes, then you are almost certainly in the realm of Grand Rights. If the music is presented purely for listening, entertainment, or atmosphere, then it falls under Performance Rights.
A performance of Hamilton on stage is unquestionably a matter of Grand Rights. A pop song placed in a television commercial is clearly Performance Rights. In between these extremes are situations that require closer examination. A revue of songs from Les Misérables sung in concert would usually be considered nondramatic and covered by Performance Rights. Yet if the same songs were performed with narration, costumes, or staging to recreate the story, the performance would shift into Grand Rights territory.
4. Opera: From Then to Now
Opera remains one of the clearest illustrations of Grand Rights. From Mozart and Verdi to contemporary composers like Philip Glass and John Adams, opera has always been about music and story working together. Because of this, rights to perform operas were never handled collectively through organizations but instead negotiated directly with the composer or publisher.
Opera demonstrates that Grand Rights have always been about narrative, and this lesson still applies to today’s industry professionals.
5. Film Scoring: Different Formats, Different Rights
A score clearly serves the narrative of a film, yet legally its performance is treated as nondramatic. This is because film and television are considered audiovisual works rather than staged dramatic performances.
As a result, when your score is used in a film broadcast on television or in a cinema, the performance royalties are collected by PROs under the category of Performance Rights. However, if a film is adapted into a staged musical, or if a live orchestra performs the score synchronized to the film in a concert hall (commonly referred to as live-to-picture), the situation requires a Grand Rights licence.
This interpretation is reinforced by the PROs themselves. ASCAP defines dramatic performances to include “one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation.” BMI adds that dramatic rights may also involve the dramatic use of music that was not originally part of a dramatic work. Under these definitions, both a stage adaptation of a film and a live-to-picture orchestra concert qualify as dramatic uses requiring Grand Rights.
PRS makes an additional distinction. Simulcasts and encores (cinema screenings of live theater productions) are covered under Performance Rights, licensed by PRS. But making dramatico-musical works available online for streaming or download is not covered by PROs and still requires a direct Grand Rights license.
The lesson is that film scoring is storytelling, but licensing depends on format. Cinemas and broadcasts may fall under PRO licensing, but live staging and online streaming return to Grand Rights territory.
6. One Song, Three Different Uses: It’s the Hard Knock Life
A particularly useful illustration of how licensing depends on context is the song “It’s the Hard Knock Life” from the musical Annie, written by Charles Strouse and Martin Charnin.
In the original stage production of Annie, the song is part of the dramatic narrative. Any performance of the musical requires a Grand Rights license, negotiated directly with the publisher or rights holder.
In the 2014 film adaptation of Annie, the same song was used in a cinematic context. Because films are treated as dramatico-musical works adapted for audiovisual exhibition, this still falls under Grand Rights, requiring a direct license.
Finally, when Jay-Z sampled the song for his hit Hard Knock Life (Ghetto Anthem), or when Lukas Graham interpolated it in Mama Said, each stream, broadcast, or live performance triggered Performance Rights (Small Rights) through the PROs, along with Mechanical Rights for reproductions.
This example demonstrates that composers and publishers are paid according to the use case. The rights change not because the music itself is different, but because the way it is used is different.
Case Study Table: It’s the Hard Knock Life
| Use Case | Rights Involved |
|---|---|
| Annie performed as a stage musical | Grand Rights |
| 2014 film adaptation of Annie | Grand Rights |
| Jay-Z’s Hard Knock Life (Ghetto Anthem) (sampling) | Performance Rights (Small Rights) + Mechanical Rights |
| Lukas Graham’s Mama Said (Interpolation) | Performance Rights (Small Rights) + Mechanical Rights |
7. One Performance, Two Contexts: Hamilton on Stage and On Screen
The case of Hamilton illustrates how the same work can involve different rights depending on the context of use.
When Hamilton is staged in a theater, the producers must secure Grand Rights. The songs, choreography, and dialogue are inseparably tied to the storytelling, making it a dramatico-musical work. Every live performance requires a Grand Rights license, negotiated directly with the publisher and rightsholders.
When that same staged performance is filmed, the licensing depends on how it is distributed. If the film is screened in cinemas as part of a simulcast or encore, PRS treats the screening as a Performance Right, licensed under the PRO system. However, if the filmed stage production is made available online for streaming or download, as with the 2020 Disney+ release of Hamilton, the rights situation remains under Grand Rights. According to PRS, online streaming of dramatico-musical works is not covered by Small Rights and still requires a direct license from the publisher or composer.
In contrast, the Hamilton cast recording streamed on Spotify is treated differently. Audio-only streams are considered nondramatic uses, which means they fall under Performance Rights (Small Rights) and Mechanical Rights.
The Hamilton example shows how a single musical work can cross multiple categories: Grand Rights on the stage, Performance Rights for cinema simulcasts, Grand Rights again for streaming the filmed production online, and Performance plus Mechanical Rights for the soundtrack album on Spotify.
Case Study Table: Hamilton
| Use Case | Rights Involved |
|---|---|
| Live theatre performance of Hamilton | Grand Rights |
| Streaming the filmed stage version on Disney+ | Grand Rights (direct licence, not through PROs) |
| Cinema simulcast or encore screening of the stage production | Performance Rights (Small Rights) via PROs |
| Streaming the Hamilton cast album on Spotify | Performance Rights (Small Rights) + Mechanical Rights |
| A dramatico-musical work made specifically for Disney+ (not adapted from stage) | Performance Rights (Small Rights) + Synchronization Rights |
8. A Practical Example: Registering with a PRO
Imagine registering your work with a PRO such as ASCAP. From that point on, the organization will license nondramatic performances of your music: radio broadcasts, streaming services, live concerts, or background uses in television. They will collect the royalties and distribute your share.
Now imagine a theater company wants to adapt your piece into a ballet or musical. The PRO plays no role here. The company must contact you, your publisher, or a designated agent directly1. Even though your work is registered with a PRO, Grand Rights bypass that system entirely. This example highlights why every composer should understand the division: the requests arrive on very different tracks.
9. Publisher or Self-Published: Who Handles Grand Rights?
If you are signed with a publisher, they will usually handle Grand Rights requests, negotiating the licence and terms on your behalf. If you are self-published, the responsibility is yours. You must review the request, set the conditions, and decide whether to license.
In both cases, Grand Rights can be lucrative. A successful Broadway run, a ballet tour, or a long-standing stage adaptation may generate significant income. For some composers, Grand Rights become a career-defining source of revenue.
10. Practical Takeaways for Music Professionals
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For songwriters and composers: Your PRO handles your Performance Rights, but Grand Rights are always licensed directly. Do not assume your registration with ASCAP or PRS covers every use of your work.
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For producers and filmmakers: Identify the context. If your project uses music as background or atmosphere, a PRO licence will usually suffice. If you want to stage the music as part of a dramatico-musical work, you must approach the composer, publisher, or their agent directly.
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For aspiring professionals: The simplest guiding question is this: Is it a dramatico-musical work, or not? The answer points directly to the correct licensing path.
11. Conclusion
The distinction between Grand Rights and Performance Rights has never been simple. Courts and rightsholders sometimes disagree on where the boundaries lie. Yet the guiding principle of storytelling and context provides clarity in most situations. Performance Rights cover nondramatic uses, the everyday contexts of concerts, streaming, radio, or television. Grand Rights govern dramatic storytelling, from operas and musicals to ballets and stage plays, and in some cases even extend into online streaming of filmed stage works.
As an illustration of how carefully these boundaries are drawn, “BMI’s Ralph Jackson has explained that when assessing whether a performance falls under Grand Rights, BMI looks closely at programs and documentation. For example, if a printed concert program includes a choreographer’s byline, that may be taken as a tell-tale sign that the performance is dramatic in nature and therefore not covered by a blanket Small Rights license”2. This anecdote, published by New Music USA, highlights just how much the context and presentation matter when determining whether a work requires Grand Rights.
For emerging and established professionals alike, understanding this difference is not merely theoretical. It is a practical necessity. It shapes how you protect your music, how you respond to licensing requests, and how you secure the royalties your work deserves.
