Copyright Laws for Plays Performed by Schools
Copyright laws protect the rights of authors, artists and other creators from those who might profit from their original work. While there are some instances where school theater departments may use published plays without permission, the performance of copyright-protected plays is not one of them.
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Licensing
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Play publishers such as Dramatist Service, Inc. and Samuel French, Inc. act as licensing agents for the playwrights whose work they publish. Many playwrights earn their living from their portion of the royalties theaters pay to perform their work, and the publishers' businesses depend on those royalties. Louis E. Catron, a theater professor at the College of William and Mary, puts it bluntly: "Producing a play without obtaining permission---which in the case of copyrighted works almost always involves paying royalties---is theft."
Admission
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Even if a school does not charge admission for its production of a copyright-protected play, it still must pay royalties to the copyright owner or licensing agent. Publishers may lower the licensing fees for school theaters that won't charge admission, but the school must still pay for the rights.
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Public Domain
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Not every published play is protected by copyright. If a play was written before 1978, it remains copyrighted until 70 or 95 years after the death of the author, depending on the dates of publication and copyright renewals. Works from the distant past, such as those of William Shakespeare, Jean-Baptiste Moliere or Euripides, are in the public domain. However, the copyrights to modern translations of public domain plays belong to the translators and may still be in effect.
Liability
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If a court finds a school's violation of copyright "innocent," the fine may be as low as $500, according to Catron. "Willful" violations could cost the theater as much as $100,000. Moreover, the school itself may not be the only party held liable. Catron states that a court could find everyone involved in the school production--including the student performers--liable for copyright violation.
Alterations
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Even after paying for the licensing rights, the law prohibits theaters from altering the script without permission from the copyright holder. This doesn't just apply to dialog. Theaters may not update the time period in which the play is set or change the gender of characters without permission. Also, though it is common practice for directors to disregard playwrights' stage directions when blocking a play, doing so is a violation of copyright.
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References
Resources
- Photo Credit theater image by Luisafer from Fotolia.com
