Community Theater Green Room Discussion Board: Copyright Laws and other fun stuff. . .

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TheatreGeek
Walk-On
Walk-On

Joined: 6/18/05
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Topic: Copyright Laws and other fun stuff. . .
Posted: 6/18/05 at 3:02am

Hi, I am interested in, as a school project, directing a play. I was wondering if anyone knows what the laws are regarding usage of plays without royalties (if I made no profit). Or, failing that, ways that I could contact owners of the copyright and ask for permission to use scripts. I think that people would make donations to see the play, and some money would go to pay for sets, lighting et cetera, but the rest would go to a charity.

If anyone has any help, it would be greatly appreciated!

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casey05
Lead
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Joined: 6/17/05
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Posts: 42

Posted: 6/18/05 at 3:55am

Generally most licensing agents will still charge you royalties, even if for non-profit. If you were to stage a production without obtaining rights, it would be illegal - unless a licensing agent let you off - and if it were found out, you would probably face your production being cancelled.

I do know, however, that any play written more than 75 years ago (I think that's the clause? or is it 75 years after the playwright's *death*?) is considered public domain (hence, Shakespeare's plays are public domain, as are a long list of other playwright's plays ... ). The only exception to this that I know of has been J.M. Barrie's Peter Pan play.

Also, some licensing agents have some plays that aren't charged for royalties - try contacting the agent to enquire. There are a couple of plays off the top of my head that have this sort of thing, as far as I know ... one is Joseph and the Technicolour Dreamcoat (royalties are dismissed for performance groups of children or churches, however you still have to apply, and I know that they restrict the use of publicity ...)

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dougb
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Joined: 3/30/04
Location: United States
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Posts: 148

Posted: 6/19/05 at 12:11pm

Copyright issues are so complex that only an attorney can tell for sure. Here is what Project Gutenberg has on its site:

(http://www.gutenberg.org/howto/copyright-howto)

"Under the 1909 Copyright Act, the original term lasted 28 years (not 26). It was renewable for an extra 28 years, for a total of 56 years. Until 1992, the work would enter the public domain if renewal was not filed in a timely manner. However, even with diligent research, it is very difficult to determine with assurance that renewal was not filed.

"In the mid 1950's Congress started working on a major revision of the copyright act, but by 1960 it was clear that this would not be a short process. By 1962, everything published before 1906 was in the public domain. It was clear that the new act would grant existing works a total term of 75 years. To prevent these works from losing out on the 75 year extension while Congress worked out all the other details of the new act, Congress started passing extension acts in 1962. Such extensions prevented copyright expirations before the passage of the 1976 Copyright Act, with the result that all copyrights in existence in 1962 were extended to at least 1976 when the 75-year term kicked in.

"Effective in 1998, after works first published in 1922 had passed into the public domain, the copyright term was extended for all works as to which copyright protection had not yet expired. For works published in 1923, and thereafter (provided they were renewed, or were exempt from renewal requirements). Thus, the effective term will be 95 years.

"The rules on public speeches, musical performances, and other works not originally fixed in a tangible medium of expression are confusing, and require a determination based on the facts of the individual instance.

"Rule of Thumb: Published before 1923 or published at least 95 years ago in the U.S. OR published 50 years after the author's death in some countries, 70 years after death in others."

Hope this confuses you as much as it does me!!!!

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Topic: Copyright Laws and other fun stuff. . .( Topic Closed)

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TheatreGeek Walk-On Joined: 6/18/05 Online Status: Offline Posts: 0	Topic: Copyright Laws and other fun stuff. . . Posted: 6/18/05 at 3:02am
	Hi, I am interested in, as a school project, directing a play. I was wondering if anyone knows what the laws are regarding usage of plays without royalties (if I made no profit). Or, failing that, ways that I could contact owners of the copyright and ask for permission to use scripts. I think that people would make donations to see the play, and some money would go to pay for sets, lighting et cetera, but the rest would go to a charity. If anyone has any help, it would be greatly appreciated!

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casey05 Lead Joined: 6/17/05 Online Status: Offline Posts: 42	Posted: 6/18/05 at 3:55am
	Generally most licensing agents will still charge you royalties, even if for non-profit. If you were to stage a production without obtaining rights, it would be illegal - unless a licensing agent let you off - and if it were found out, you would probably face your production being cancelled. I do know, however, that any play written more than 75 years ago (I think that's the clause? or is it 75 years after the playwright's death?) is considered public domain (hence, Shakespeare's plays are public domain, as are a long list of other playwright's plays ... ). The only exception to this that I know of has been J.M. Barrie's Peter Pan play. Also, some licensing agents have some plays that aren't charged for royalties - try contacting the agent to enquire. There are a couple of plays off the top of my head that have this sort of thing, as far as I know ... one is Joseph and the Technicolour Dreamcoat (royalties are dismissed for performance groups of children or churches, however you still have to apply, and I know that they restrict the use of publicity ...)
	IP Logged

dougb Celebrity Joined: 3/30/04 Location: United States Online Status: Offline Posts: 148	Posted: 6/19/05 at 12:11pm
	Copyright issues are so complex that only an attorney can tell for sure. Here is what Project Gutenberg has on its site: (http://www.gutenberg.org/howto/copyright-howto) "Under the 1909 Copyright Act, the original term lasted 28 years (not 26). It was renewable for an extra 28 years, for a total of 56 years. Until 1992, the work would enter the public domain if renewal was not filed in a timely manner. However, even with diligent research, it is very difficult to determine with assurance that renewal was not filed. "In the mid 1950's Congress started working on a major revision of the copyright act, but by 1960 it was clear that this would not be a short process. By 1962, everything published before 1906 was in the public domain. It was clear that the new act would grant existing works a total term of 75 years. To prevent these works from losing out on the 75 year extension while Congress worked out all the other details of the new act, Congress started passing extension acts in 1962. Such extensions prevented copyright expirations before the passage of the 1976 Copyright Act, with the result that all copyrights in existence in 1962 were extended to at least 1976 when the 75-year term kicked in. "Effective in 1998, after works first published in 1922 had passed into the public domain, the copyright term was extended for all works as to which copyright protection had not yet expired. For works published in 1923, and thereafter (provided they were renewed, or were exempt from renewal requirements). Thus, the effective term will be 95 years. "The rules on public speeches, musical performances, and other works not originally fixed in a tangible medium of expression are confusing, and require a determination based on the facts of the individual instance. "Rule of Thumb: Published before 1923 or published at least 95 years ago in the U.S. OR published 50 years after the author's death in some countries, 70 years after death in others." Hope this confuses you as much as it does me!!!!
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