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A plea to respect and protect copyright

  • 1.  A plea to respect and protect copyright

    Posted 11-13-2016 17:20

    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

    ------------------------------
    Jonathan Dorf
    Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
    Los Angeles CA
    ------------------------------


  • 2.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 03:04
    Thank you for the important reminder. I would go one step further and offer a workshop about the rights, royalties and responsibilities of producing a play. Students need the correct model to prevent future infringement. Every year, new teachers join the ranks and need to know that vital information.

    ---------------------------------
    Jo Strom Lane
    Theatre Teacher and Director
    Roosevelt High School
    Portland Public Schools
    Portland OR
    ---------------------------------





  • 3.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 07:13

    So what does a teacher do when they see their colleagues "cheating"? I see it all the time and the only thing I do is boycott the performances. How do we deal with the problem when it's people in our own theatre community?

    ------------------------------
    John Perry
    Drama Instructor
    Atherton High School
    Louisville KY



  • 4.  RE: A plea to respect and protect copyright

    Posted 11-15-2016 08:01

    Just wondering ... where are the school board attorneys  in all this.  After all it is the school/school board who are ultimately on the legal hook for this, not the teacher or student director.  The schools administrations as  matter of course should not allow any production to start with ensuring all legal compliance - some one needs to take the ultimate oversight.

    I am not surprised by our society's general attitude to copyright etc, it is a part of the current ME FIRST attitude that is becoming all to persuasive.  I know of leaders of both government entities and religious ones who think that they should be exempt from the rules.  Sheeesh, even most of our elected officials and/or candidates think the rules should be different for them than the rest of us.  Is it any wonder that many folks - especially when underfunded - decide to skirt (at least in their mind) the rules and just take.  Jonathan is right it's not cheating, it is theft pure and simple.

    It happens all over the place.  As part of my business I rent wireless microphone systems based on first used date and last used date.  While most folks are honest, I have had clients tell me their last performance is a Friday - that means they cannot arrange to have Fedex pick it up until Monday.  Then I see that they actually had weekend performances.  These weren't added, but originally scheduled.  Some folks just believe we can cheat, lie and steal because we are doing "Good Work" or "it's for the kids".  

    I think there needs to be a series of major lawsuits against school boards that brings this to the national attention - sure the publishers will be seen as being heartless in the press, but it will make every school board and their attorneys pay attention.  The boards will quickly decide that paying a grand or two for rights and scripts is a bargain versus their attorney fees and settlements.

    For those of a religious bent, just remember the scriptures tells us that a laborer is worthy of his wages.  That includes playwrights, publishers, rights providers, and composers.

    ------------------------------
    Rod Reilly
    Owner, Bodymics
    908-899-1277
    Somerset NJ



  • 5.  RE: A plea to respect and protect copyright

    Posted 11-15-2016 09:34

    Actually, the issue goes back much further than the present "me first" generation. I heard many stories while in graduate school about universities being busted for not paying royalties. There was one story, perhaps an theatre urban myth, about a major university in Michigan. They would only pay royalties every third year! They were caught and all the major licensing companies black-balled them for three years. Three years of Shakespeare and Victorian translations of the Greeks!

    And I do know of a major community theatre in Kentucky that would sell discount tickets to seniors for the final dress rehearsal. R&H found out and fined them. 

    ------------------------------
    John Perry
    Drama Instructor
    Atherton High School
    Louisville KY



  • 6.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 08:24

    If we were going to do a document about the legalities of copyright, I'd like a clear cut definition of "fair use." It's been talked about in other forums I participate in and it is very confusifying. 

    ------------------------------
    Jodi Disario
    Director of Drama
    Willow Glen High School
    San Jose CA



  • 7.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 09:43

    I think a  workshop for all teachers on copyright issues would be a great idea. I do think having someone who deals with the legalities presenting (at least a portion)  of the workshop is vital. It's more difficult to "blow off" the information if the person presenting is someone who works with the legal portion of producing as opposed to "one of us". (not that that should be a stumbling block but human nature and all...). Someone from a publishing company or an attorney (turned theatre teacher) would be a good choice. Actually... now that I think of it... what about an attorney who turned author? That would be someone who would both understand from the legal p.o.v. and the author...

    It's definitely an important issue... It's been years, so... someone who recently graduated from university - do they teach the importance of copyright in the programs? I didn't get it when I was getting my degrees and I was wondering...? If it is not taught that would be an appropriate place to start discussions as well...

    ------------------------------
    Shira Schwartz
    Chandler Unified School District
    Chandler AZ



  • 8.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 10:34

    I have been really strict with my students this year about copyright issues.  While I do see violations from time to time with the scripts, I see it a lot with music and we have had several discussions on this.  

    We are doing a show right now where the script asks for the characters to dance to a piece of music.  I told them I would not allow them to use a song unless they secured rights.  We talked about how it is a violation of copyright to use a piece of music in the middle of a show with out obtaining permission to do so because it becomes part of the show and is legally a performance.  Pre-show, intermission and post-show music is different, because it is not part of the show, and is covered by the schools ASCAP license.  But the license does not cover music player within the context of the show. They were shocked, because we see this all the time.  The got the license, we paid $15 and it was good.

    I think it is partially an education issue and we can combat that.  What is harder to combat is the people who willfully participate; making cuts, adding characters/lines, rearranging scenes (yep, saw this 3 weeks ago).  Perhaps the best recourse is to when we see something, we say something.  We notify the publisher.  That is what we are supposed to do if we see people pirating software, movies or music.  

    As a writer myself, I would be very upset if someone used or changed my words without permission.  I think we have to stand up for the writers and other creators.  I am just not sure how is best.

    ------------------------------
    Jeremy Riggs
    Theatre Teacher




  • 9.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 11:09

    Music rights are a problem because most rights holders don't want to be bothered with high schools. We had that problem with She Kills Monsters. No one would reply to inquiries.

    ------------------------------
    John Perry
    Drama Instructor
    Atherton High School
    Louisville KY



  • 10.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 10:38

    At the same time, is there a way we can address the issue of companies like Samuel French who charge large royalty fees for works that should be in public domain. (Author's death is more than 70 years ago). I fully want to support writers in their work. I have written a few plays and don't want them used without permission. I just think that outrageous fees don't help us in ed theater.

    ------------------------------
    Ellen Di Filippo
    Tracy CA



  • 11.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 13:05

    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.

    ------------------------------
    Christopher Hamilton
    Drama Teacher
    Kennewick WA



  • 12.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 14:58

    Hello All,

    Thanks Johnathan for starting this important discussion about copyright.  I taught this morning, in my university secondary methods class, about this very topic.  My students knew little about copyright law, licensing and procedures asking for script changes.  We had a great class discusion among ourselves.   I refereed my students to a wonderful article by Lindsey Price entitled, "How To Request A Cut or A Change In A Script".  

    I believe there is a lack of understanding concerning copyright laws and licensing among teachers who may have fallen into teaching theatre as a result of being an English Educator or from some other background.

    I attended a workshop in NYC several years ago and a representative from MTI came in and discussed copyright with the theatre teachers.  It was wonderful workshop.  With EdTA association with MTI and other playwrights a workshop on this topic might be a great idea at the National Conference,

    Warm Regards,

    Russ Saxton

    ------------------------------
    Russell Saxton
    Theatre Instructor
    Dixie State University
    St George UT



  • 13.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 15:44

    Russell, great that you're teaching this subject. You're probably right that a lot of folks who came to theatre without real training--and there are a lot of them--are going to lack that knowledge, though I'm not sure it's taught in theatre programs much either. (At the same time, they have to take some responsibility for reading their scripts and performance licenses, where they are told, "Don't do this.")

    Cheers,
    Jonathan

    ------------------------------
    Jonathan Dorf
    Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
    Los Angeles CA



  • 14.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 19:48

    Lindsay's article about requesting cuts/changes is very good, and makes some extremely useful points--and nicely breaks down the reasons people tend to want script changes (and why they break the rules). I couldn't get to it from the link you posted, but I did a little Google work, and here it is on the Theatrefolk blog:
    http://www.theatrefolk.com/blog/request-cut-change-script/

    Cheers,
    Jonathan

    ------------------------------
    Jonathan Dorf
    Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
    Los Angeles CA



  • 15.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 15:21

    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

    ------------------------------
    Jonathan Dorf
    Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
    Los Angeles CA



  • 16.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 17:43

    Hi Jonathan,

    First, thank you for supporting high school theatre, and being an active member of the community here. 

    This afternoon, I was alerted to your message, and while the Educational Theatre Association (EdTA)/Thespians does not run our interscholastic one-act play festival in Wisconsin, we consider them a valued associate in advocating for high school theatre. 

    I can assure you that when registering for the contest, each of our schools must acknowledge an agreement that they have secured the necessary performance rights and paid any royalties and script fees as required by the publisher, along with securing permission of their school administration to perform that work. If they do violate this rule, we cooperate with publishers to document as such.

    As a state association administrator, I annually attend professional development workshops through the National Federation of State High School Associations (NFHS), where EdTA officials and my colleagues from other states have often done workshops on copyright law and ethics. We also have instructional materials for our directors in our own state documents.

    What troubles me is when I went to research which schools participating in the festival this weekend were in violation, NONE of the titles you cited in your original post are due to be performed by our schools.

    While I am a big believer in supporting the work of artists and following the correct protocols when it comes to paying royalties, etc., I suspect this happens more often than not when an unsuspecting teacher without formal training in theatre volunteers -- or is asked by the school -- to advise the drama club. That said, I love the idea of a brief information sheet for directors -- the more information that's out there, that can be shared among our community, the more teachers who have not had the benefit of a methods course, etc.

    Jonathan -- feel free to email me at adam@whsfa.org with the names of schools who you found to be in violation, and I can investigate appropriately.

    Warm regards,
    Adam

    ------------------------------
    Adam J. Jacobi
    Executive Director
    Wisconsin High School Forensic Association
    Ripon WI



  • 17.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 18:24

    Adam, to clarify, it wasn't at the state one-act festival (perhaps you were confused by my mentioning the step of showing proof of license at festivals), but rather the school's own one-act festival. The publisher has been alerted, and apparently the school has just purchased a performance license--it came through my email a few minutes ago (though there are still some questions re: purchasing sufficient scripts and whether they've purchased enough performances). I've already heard from them regarding the North Carolina school that placed the entire script online, and that school has received a very strongly worded letter, and the publisher will be following up later this week if they haven't gotten a reply.

    But while this particular infringement didn't take place at your state festival, I can't help but notice--and perhaps I'm misunderstanding this--that you said each school "must acknowledge an agreement that they have secured the necessary performance rights and paid any royalties and script fees as required by the publisher." Rather than having them acknowledge that they paid, why not actually have them show proof that they did? It seems like that would be easier for all involved, and it would eliminate any possibility of misunderstanding and having to chase people down after the fact.

    Cheers,
    Jonathan

    ------------------------------
    Jonathan Dorf
    Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
    Los Angeles CA



  • 18.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 21:38

    Hi Jonathan,

    Thank you for replying, and I did misunderstand, as did the director who told me about this thread, who was concerned one of our directors was not following through on our rules, which is why I replied.

    One of my state association colleagues from another state adopted the same protocol regarding performance rights at their interscholastic state festival, which Wisconsin then followed suit. It has something to do with liability, and schools being the agent of licensure when it comes to obtaining royalties. I'm not an attorney, so I cannot do justice to explaining this. 

    The bottom line here is we all need to work together to educate the educators and raise awareness, and I am committing to being part of that solution. 

    Adam

    ------------------------------
    Adam J. Jacobi
    Executive Director
    Wisconsin High School Forensic Association
    Ripon WI



  • 19.  RE: A plea to respect and protect copyright

    Posted 11-14-2016 23:03

    My students are well versed on rights and royalties.  It's awesome, because they've started teaching their parents.

    In one of my directing courses in college, we were taught about copyright law.  We had to direct a one act after we researched the specifics on that one act and then secured the rights, ordered the scripts etc.  I thought it was such a valuable lesson that I now have my high school students do it in their directing courses.

    We've added a class that is a student production company this year.  Their job was to choose a show and produce it with the budget I gave them.  There was a lot of conversation about what to do since they had a small budget and knew they had to purchase scripts and rights.  They ended up choosing a show that only charged for an E-script and allowed them to make copies instead of the one where they'd have to purchase a script for each person.

    So I guess that's my answer - teach the kids, so they can do it right and teach others as they get older.

    ------------------------------
    Laura Steenson
    Theatre Director
    Reynolds High School
    Troutdale OR



  • 20.  RE: A plea to respect and protect copyright

    Posted 11-15-2016 06:15

    I would urge anyone in a school situation to seek the assistance of your school librarian (if you're lucky enough to still have one).  While not necessary expert in copyright as it applies to theatre, they are experts in intellectual property, and would welcome a chance to talk with your classes, or you or a group of colleagues about this.

    ------------------------------
    Monica Williams-Mitchell
    Cincinnati OH



  • 21.  RE: A plea to respect and protect copyright

    Posted 11-15-2016 07:09

    When I asked about a colleague "cheating" it wasn't in reference to stealing the rights. I fully believe they are paying the royalties. My problem are the changes they make in the scripts so they are "appropriate" (whatever that means). A major school in our district makes changes under the "belief" that "we're a school so we can change it". They don't want to offend the delicate sensibilities of the parents. 

    I teach my students the law so that we all know what's right and wrong. Someone will always say, "who'll know?" and I say, "I'll know and now you know that it's breaking the law."

    I have been trying to get our state theatre association (Kentucky Theatre Association) to make it a requirement that the schools participating show proof they have permission and have paid the royalties before participating in the one-act competition. It will never happen. I always put in my competition program the required statement of publishing agency. 

    Gotta go, there's another dead horse I need to beat.

    ------------------------------
    John Perry
    Drama Instructor
    Atherton High School
    Louisville KY



  • 22.  RE: A plea to respect and protect copyright

    Posted 11-15-2016 13:21

    A librarian would probably be a great resource insofar as something like Fair Use is concerned.

    John, what have you found the resistance/objection toward your suggestion of providing proof of license to be?

    I wonder if making a short video about copyright/licensing/rights might be a way to engage more people...

    Cheers,
    Jonathan

    ------------------------------
    Jonathan Dorf
    Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
    Los Angeles CA



  • 23.  RE: A plea to respect and protect copyright

    Posted 11-15-2016 14:25

    The rules state:

    • A participating school must secure production rights from the playwright/publisher. If a published play, the publisher must be identified in the program. The Kentucky Theatre Association shall not be held responsible for any faults or discrepancies that occur with royalties under any circumstances.

    They feel this covers them in case of problems. A few have even said that some schools couldn't enter if they had to pay royalties so they'd just rather not know.

    Sucks.

    ------------------------------
    John Perry
    Drama Instructor
    Atherton High School
    Louisville KY



  • 24.  RE: A plea to respect and protect copyright

    Posted 11-16-2016 09:22

    I think you have to be careful in blanket statements about changes to the script being unprofessional.  We frequently have to make changes in our scripts because of the uber-conservative community in which our school resides.  However, any changes we make are communicated and approved of by each playwright/company, or we choose a different script.  

    I also wonder if some searches are showing plays being performed in competitions without the playwrights knowing those particular competition guidelines.  For example, we are doing a 15 min. cutting of a play for a competition, so I purchased the books and will pay the royalties.  However, if I was only doing a 10 minute cutting, this particular company waives the royalty portion.  A generic search wouldn't tell a playwright how much of the script was being performed.  (I'm sure some companies vary their rules as well, but this is just one example...)

    Don't get me wrong.  I get very frustrated because I know some people are breaking the rules, which isn't fair to anyone involved!

    ------------------------------
    Lisa Ronca
    Huxley IA



  • 25.  RE: A plea to respect and protect copyright

    Posted 11-15-2016 15:09

    For exactly this sort of purpose, Samuel French set out to write a white paper on copyright protection and piracy a couple of years ago entitled Owning Their Words: Understanding the Playwright, Protecting Their Work and How You Can Help.

    Here is a link to the PDF of the white paper which you can share freely.   And for additional info on how to protect the rights of authors, please take a look at our Tumblr page.

    ------------------------------
    Abbie Van Nostrand
    Director of Corporate Communications
    Samuel French, Inc.
    New York NY



  • 26.  RE: A plea to respect and protect copyright

    Posted 11-17-2016 12:02

    I absolutely agree--pay the royalties!  Someone worked hard to write that play and deserve to be compensated.  AND, you might be pleasantly surprised with the results.  We recently performed student directed one-acts for our Advanced Drama Final.  Because I paid for the royalties, we found out that one of our playwrights lives nearby!  He reached out to us during our rehearsal process and even sent us some updated pages for his script--my students were thrilled!

    ------------------------------
    Cindy Skelton
    Drama Teacher
    San Mateo Union High School District
    Burlingame CA