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  • 1.  Copyright laws

    Posted 01-23-2020 11:52
    Hello! What are the copyright laws with monologue and scenebooks?  Am I allowed to make copies of scenes and monologues to give to my students or do I need a class set? Can they perform the scenes for an audience in a showcase as long as I do not charge for tickets? Thank you for your help!

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    Stephanie Wendell
    The Siena School
    Silver Spring MD
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  • 2.  RE: Copyright laws

    Posted 01-23-2020 13:36
    It's my understanding that you can do whatever scenes you want in a classroom setting, but once you bring in an audience, even a non-paying audience, you have to get the rights- most/all scripts have wording in them saying this.

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    Ken Buswell
    Drama Teacher
    Peachtree City, GA
    http://mcintoshtheater.org/

    Theater kills ignorance
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  • 3.  RE: Copyright laws

    Posted 01-23-2020 16:18

    ^What Ken said.^
    The front of the book you're using should indicate that the material may not be used for performance, or whom to contact to do so, etc. Unless, of course, all of the material is in the public domain. A good rule of thumb: if you didn't write it you must seek permission to use it for performance and that permission will very often come along with a price tag. Except public domain, and regardless if you charge admission or not. An audience = anyone who isn't in the class (even members of another class).

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    Michael McDonough
    TRW Asst VP Amateur Licensing
    New York
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  • 4.  RE: Copyright laws

    Posted 01-24-2020 10:52
    A scene or monologue used in a classroom setting falls under the Fair Use exception to copyright laws. Outside of class, especially with an audience, it gets sticky. The best bet is to contact the publisher who manages the material.

    For auditions, EdTA used to have a couple of lists of publishers that allowed excerpts to be used for auditions and those that don't. 

    Hope this helps

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    James Van Leishout
    Olympia WA
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  • 5.  RE: Copyright laws

    Posted 01-24-2020 12:23

    Title 17, US Copyright Code
    https://www.copyright.gov/title17/92chap1.html#106

    106. Exclusive rights in copyrighted works

    Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:

    (1) to reproduce the copyrighted work in copies or phonorecords;

    (2) to prepare derivative works based upon the copyrighted work;

    (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending;

    (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly;

    (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and

    (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

    110. Limitations on exclusive rights: Exemption of certain performances and displays43

    Notwithstanding the provisions of section 106, the following are not infringements of copyright:

    (1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;

    Rules for Reproducing Text Materials for Use in Class
    https://fairuse.stanford.edu/overview/academic-and-educational-permissions/non-coursepack/

    The guidelines permit a teacher to make one copy of any of the following: a chapter from a book; an article from a periodical or newspaper; a short story, short essay, or short poem; a chart, graph, diagram, drawing, cartoon, or picture from a book, periodical, or newspaper.

    Teachers may photocopy articles to hand out in class, but the guidelines impose restrictions. Classroom copying cannot be used to replace texts or workbooks used in the classroom. Pupils cannot be charged more than the actual cost of photocopying. The number of copies cannot exceed more than one copy per pupil. And a notice of copyright must be affixed to each copy.

    Examples of what can be copied and distributed in class include:

    • a complete poem if less than 250 words or an excerpt of not more than 250 words from a longer poem
    • a complete article, story, or essay if less than 2,500 words or an excerpt from any prose work of not more than 1,000 words or 10% of the work, whichever is less; or
    • one chart, graph, diagram, drawing, cartoon, or picture per book or per periodical issue.

    Not more than one short poem, article, story, essay, or two excerpts may be copied from the same author, nor more than three from the same collective work or periodical volume (for example, a magazine or newspaper) during one class term. As a general rule, a teacher has more freedom to copy from newspapers or other periodicals if the copying is related to current events.

    The idea to make the copies must come from the teacher, not from school administrators or other higher authority. Only nine instances of such copying for one course during one school term are permitted. In addition, the idea to make copies and their actual classroom use must be so close together in time that it would be unreasonable to expect a timely reply to a permission request. For example, the instructor finds a newsweekly article on capital punishment two days before presenting a lecture on the subject.

    Teachers may not photocopy workbooks, texts, standardized tests, or other materials that were created for educational use. The guidelines were not intended to allow teachers to usurp the profits of educational publishers. In other words, educational publishers do not consider it a fair use if the copying provides replacements or substitutes for the purchase of books, reprints, periodicals, tests, workbooks, anthologies, compilations, or collective works.



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    Michael McDonough
    TRW Asst VP Amateur Licensing
    New York
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  • 6.  RE: Copyright laws

    Posted 01-24-2020 12:58
    Thank you all for your responses. This has been very helpful and informative.

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    Stephanie Wendell
    Silver Spring MD
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