Thanks for all of these thoughtful responses. Some follow-up thoughts:
I agree that a workshop/panel could be valuable for anyone who might be able to attend it. The only concern is whether the people who really need it would come, as--let's face it--rights workshops aren't exactly sexy. Now if there were a way to make it a mandatory teachers' workshop (and open to students as well) at ITF or EdTA, for instance...
On that note, we might try to get a representative from business affairs at the Dramatists Guild to come be part of a workshop/panel. They are the experts on the legal ins and outs, particularly when it comes to something like Fair Use, which is often misused. If there's someone from the EdTA home office reading this (Ginny, are you there?), it would be awesome for the EdTA to reach out to the Guild and coordinate. I'll bet they'd come, given enough pre-planning.
Continuing with the idea of the EdTA reaching out, what about reaching out to ASCAP/BMI? Maybe there's a way to work something out on an organizational level so that the rights issue of music during the show can be made easier.
Ellen, I'm a little unclear about what you're referencing without specifics. Can you point to a particular show as an example? But I think that's a separate issue from that of knowing how rights work and respecting them. One, there are so many good plays out there that have perfectly reasonable royalties that if these particular shows don't feel reasonable, people have other choices, and two, I don't think anyone would want to use the "I thought it was too expensive, so I stole it" defense.
What do you do if you see someone "cheating"? The hard reality is that when someone does a play without a license, it's not cheating. It's theft. And just as if you saw someone stealing a car, you'd report it, you need to do so here. Publishers will be grateful to hear from you, and playwrights will be even more grateful.
Remember, this is not a victimless crime. Yes, publishers often seem large and faceless, but one, they employ people, and their jobs depend on the publisher bringing in revenue. And two, behind that publisher is the playwright, and most of all, that's who you're helping. For example, I know a playwright who's quite well-known for a play he wrote a while back, but now he goes to food banks. Imagine the difference those royalties--even if they're just $50 or $100--can make in his life.
Now making changes to the script without permission (cutting, adding, changing lines, changing the gender of characters, etc) isn't outright theft, but it's still just as wrong, as it's a violation of their performance license/contract. And with pretty much every publisher, these rules are very clearly written not just on the website, but on every single script. In other words, the person doing this knew better. Forgetting for a moment that it's simply not their decision to make, it can actually be damaging:
Let's say this play gets done at a festival, and the person doing it made some cuts here, a few changes there and then rearranged a few scenes for convenience. What if a lot of people at the festival don't know this particular play, and after seeing the director's "version" of it, they think, "Not bad, but doesn't quite work for me"? But perhaps if they'd seen the actual play, they might have thought, "I like this play, and I think I can do even better with it." So now the playwright has lost those potential future productions, all because people have a mistaken idea of what the play is. The bottom line is that if you see something that you know is wrong, you need to say something.
Finally, a number of publishers offer digital scripts. For example, at YouthPLAYS, we have something called a production photocopy license, which includes a PDF file and permission to make unlimited copies for your cast and crew, and it's priced cheaper than buying the individual printed scripts would be. Playscripts has a digital cast set as well. And I think most of us keep an eye on the orders coming in, so that if someone orders royalties and then only one or two cast copies, they're going to get flagged.
Thanks for all of the discussion. Let's keep it going, and find a way to turn it into action.
Cheers,
Jonathan
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Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA
Original Message:
Sent: 11-14-2016 13:04
From: Christopher Hamilton
Subject: A plea to respect and protect copyright
It's a shame that this happens to the extent that it does. I always make sure to preach the importance of paying the price for scripts and royalties with my students. I tell them that's how the writer gets paid. I don't remember getting specifically taught this at any point, but maybe I was? I kinda figured it was just common knowledge...I do teach it to my students, however. I know that as directors we will often order one of any given script for perusal purposes as a necessity for choosing a play to produce. However, I was wondering if there was a way that the publishing companies could require a minimum number of scripts purchased when paying for the royalties to produce the show? Or, perhaps as we progress into the digital age, build the cost of scripts into the price for royalties and offer up eScripts for download and self-printing? This is a great topic Mr. Dorf, thanks for raising it.
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Christopher Hamilton
Drama Teacher
Kennewick WA
Original Message:
Sent: 11-13-2016 17:19
From: Jonathan Dorf
Subject: A plea to respect and protect copyright
Hi folks,
It was amazing to discover that there are now over 8000 forum members. Awesome to see how it's growing, and maybe that will help with this issue...
I regularly search my name and various play titles/keywords (Google alerts help too), and nearly as regularly, I catch some people producing my plays without licensing/paying for them. Coming up next weekend, it's Harry's Hotter at Twilight, along with Don Zolidis' Game of Tiaras and Ian McWethy's The Internet is Distract--OH LOOK A KITTEN!. A pair of performances each as part of a Wisconsin school's one-act festival. At least in the case of Don and me, they bought a single copy, and here we are. This has happened more times than I can count. While the good news, given the internet these days, is that we catch most of the cheaters, I'm sure there are a few we miss, and considering that most playwrights aren't wealthy, that money, which adds up (my infringements have run into the thousands of dollars), is important.
Now perhaps I'm so used to having my work produced illegally that I'm becoming desensitized, but the next day, searching another play, I found something more disturbing: a North Carolina school that licensed this play for production in May had actually photocopied the entire script and placed it online, so that for the last six months, anyone with the right combination of search words could find it and then download/print it. I can see the teacher thinking of this as a convenient shortcut to communicate with the cast/crew (or maybe a class) and not realizing that stowing something in his website's "uploads" doesn't mean that it's invisible to the rest of the internet. But internet ignorance aside, surely he had to know that he's not supposed to photocopy hard copies of the script and that he's not supposed to put them online.
In both cases, I've notified the publisher, and I'm sure they'll deal with it. (In the second case, I was really tempted to write the teacher myself, but I've decided to leave being the bad guy--at least for now--to my publisher.)
Of course, the "problem" with you folks who frequent this forum is that you're not the problem (at least I hope you're not!). You're the ones who make sure your productions are licensed, don't photocopy what you're not supposed to, don't pass around electronic copies of scripts, etc. But there's a huge problem out there. How do we educate the larger group of teachers/student producers about how this works (i.e. copyright law)? What tangible steps can we take?
A couple things I thought about were...
1. At both the national and state EdTA levels, developing a simple one-sheet regarding some basic copyright rules that would be disseminated to each troupe director, and asking them to acknowledge it specifically. (I would be happy to work with someone to develop it.)
2. At competitions, requiring proof of payment of royalties (which I know some do), not simply an acknowledgment from the group that they've paid royalties.
I'd love to hear other thoughts on both how to spread copyright education, and how to implement it. It's important not only to help playwrights everywhere, but to make sure we're teaching the next generation of theatre teachers and producers how to do the right thing--and what that is. Thanks
Cheers,
Jonathan
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Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA
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