Disney puts a crimp in BYU tour

PROVO — A licensing debate with Walt Disney Company caused Brigham Young University's show group to cut several segments of their performance just days before the Young Ambassadors left on tour to Australia.

BYU legal counsel, responding in writing to questions from the Deseret News, stated: "A law firm representing Disney has notified the university that the Young Ambassadors group may not have all the necessary permissions to perform certain Disney songs as originally scheduled to be performed in the current Young Ambassador program."

A Disney spokesman, in a phone interview with the Deseret News, said BYU did not seek a license to perform the Disney songs from "Tarzan," "Mary Poppins" and "Hercules."

"We have exclusive copyright to these performances," said Jonathan Friedland, vice president of corporate communications for Walt Disney Company.

Friedland said it's not fair to other theatrical companies that are paying for the rights to perform while others are not. He said, "Disney licenses thousands of performances annually, and we have an obligation to protect our licensees."

Friedland further explained there is a big difference between, for example, a student singing a Disney song at a school assembly and a full-fledged theatrical production of Disney numbers with a band, singing, dancing and costumes.

BYU legal counsel said the university has "various license agreements in place allowing the university to make use of copyrighted music, including blanket licenses" with the music licensing organizations ASCAP (the American Society of Composers, Authors and Publishers), BMI (Broadcast Music, Inc.) and SESAC (originally the Society of European Stage Authors & Composers).

The BYU Young Ambassadors perform as a show choir and incorporate music, dance and theater.

BYU legal counsel plans to have "direct discussions" with Disney Music Licensing to clarify to Disney the nature of the Young Ambassador performances in light of the university's existing licensing agreements and "see whether the parties still believe that any additional special licenses are needed for the Disney materials."

Just to be on the safe side until the legal battle is resolved, BYU administration and Young Ambassador officials decided to pull the Disney numbers from the Young Ambassador performance.

According to BYU legal representatives, three songs were cut from the Young Ambassador's 90-minute program.

Instead of the Disney numbers, some songs from the previous year are being used, since they were already choreographed and BYU still has the costumes. Some current members of the Young Ambassadors were present last year and know the old numbers.