Open Forum

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Update: I let Playscripts (Broadway Licensing) know that I intended to reach out to the author to discuss the script number/purchase requirement.  Their response was:

"As per my last email, the required number of scripts is per author suggestion for average cast and crew size. It is our company's requirement that this number be purchased."

In the meantime, I received a response from the author indicating that the script minimum is not something that they requested as the playwright, nor something they even knew about until my email.

It sounds like Playscripts (Broadway Licensing) asked their authors at some point in time what the average cast/crew size might be for their plays and then implemented their own policy that all new licenses must purchase scripts, regardless of whether or not the school already has scripts.

While this policy would, technically, benefit both Broadway Licensing and the authors, it appears to have been implemented without consulting their authors.  Defending the policy as protecting the interests of the author feels - at least to me - to be disingenuous.

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Update #2: Someone from Broadway Licensing reached out to have a brief discussion today and the wording on their website has already been updated to the following (to correct the potential miscommunication that it was the playwright's requirement):

"Broadway Licensing requires a minimum of X Standard Edition Books to support your licensed production. If you have previously purchased scripts from us please email playscriptsinfo@broadwaylicensing.com or call us at (212) 540-9330 so we can verify your previous purchase and provide you with steps to complete your licensing order."

It was a pleasant discussion, and I was able to communicate the desire for clarity in the process so that it was not implied that the playwright, or even necessarily copyright law (depending on the circumstances) was the reason for the requirement.  They indicated that their goal was to be as transparent and supportive of their customers as possible, recognizing the importance of educators' often challenging work.

After hearing from some of the playwrights here, and talking with the representative, it appears that a significant reason for the new policy was likely the sustainability of their business model.  If - on average - the playwright only gets ~10% from the scripts, but ~90% from the performance license, then transactions for a license-only, with no script sales are ultimately not very profitable for the publisher.  (My own supposition is that once you take into account the extra work to manually confirm that the customer actually has the scripts and is complying with copyright, it could even be seen as a loss.)

  I asked about the possibilities of a teacher re-using scripts from several years back or even buying/borrowing used scripts from somewhere else.  They agreed that neither would, necessarily or automatically, be a violation of copyright law. However, there were some factors that would need to be considered.  If the original purchase can be found in their system, then they can relatively easily confirm that the customer has an authorized script, but depending on how long ago the purchase was, the author might have come out with an updated script and might no longer wish to license performances of the old version. The company would need to have a way to track and address that for each author / play and that presents operational challenges that they may or may not be able to accommodate.  Scripts acquired from a 3rd party, while potentially legal, would provide an even greater challenge for the licensing company to confirm the legitimacy of the scripts etc.

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Original Message:
Sent: 02-07-2023 08:27
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Update: I let Playscripts (Broadway Licensing) know that I intended to reach out to the author to discuss the script number/purchase requirement.  Their response was:

"As per my last email, the required number of scripts is per author suggestion for average cast and crew size. It is our company's requirement that this number be purchased."

In the meantime, I received a response from the author indicating that the script minimum is not something that they requested as the playwright, nor something they even knew about until my email.

It sounds like Playscripts (Broadway Licensing) asked their authors at some point in time what the average cast/crew size might be for their plays and then implemented their own policy that all new licenses must purchase scripts, regardless of whether or not the school already has scripts.

While this policy would, technically, benefit both Broadway Licensing and the authors, it appears to have been implemented without consulting their authors.  Defending the policy as protecting the interests of the author feels - at least to me - to be disingenuous.

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Guy -- many thanks for following through on this issue and thanks to Don for his insights in a previous post. Thanks for clearing up the misconception that it was the playwrights asking for a minimum script purchase.

And thanks to all the teachers who purchase scripts instead of photocopying them and who pay the royalties that keep living playwrights alive and writing!

------------------------------
Arlene Hutton, playwright
Letters to Sala
I Dream Before I Take the Stand
Kissed the Girls & Made Them Cry
As It Is In Heaven
Susie Sits Shiva (EdTA commission)
According to the Chorus

faculty, The Barrow Group, NYC
arlene@barrowgroup.org
------------------------------

Original Message:
Sent: 02-10-2023 13:54
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Update #2: Someone from Broadway Licensing reached out to have a brief discussion today and the wording on their website has already been updated to the following (to correct the potential miscommunication that it was the playwright's requirement):

"Broadway Licensing requires a minimum of X Standard Edition Books to support your licensed production. If you have previously purchased scripts from us please email playscriptsinfo@broadwaylicensing.com or call us at (212) 540-9330 so we can verify your previous purchase and provide you with steps to complete your licensing order."

It was a pleasant discussion, and I was able to communicate the desire for clarity in the process so that it was not implied that the playwright, or even necessarily copyright law (depending on the circumstances) was the reason for the requirement.  They indicated that their goal was to be as transparent and supportive of their customers as possible, recognizing the importance of educators' often challenging work.

After hearing from some of the playwrights here, and talking with the representative, it appears that a significant reason for the new policy was likely the sustainability of their business model.  If - on average - the playwright only gets ~10% from the scripts, but ~90% from the performance license, then transactions for a license-only, with no script sales are ultimately not very profitable for the publisher.  (My own supposition is that once you take into account the extra work to manually confirm that the customer actually has the scripts and is complying with copyright, it could even be seen as a loss.)

  I asked about the possibilities of a teacher re-using scripts from several years back or even buying/borrowing used scripts from somewhere else.  They agreed that neither would, necessarily or automatically, be a violation of copyright law. However, there were some factors that would need to be considered.  If the original purchase can be found in their system, then they can relatively easily confirm that the customer has an authorized script, but depending on how long ago the purchase was, the author might have come out with an updated script and might no longer wish to license performances of the old version. The company would need to have a way to track and address that for each author / play and that presents operational challenges that they may or may not be able to accommodate.  Scripts acquired from a 3rd party, while potentially legal, would provide an even greater challenge for the licensing company to confirm the legitimacy of the scripts etc.

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD

Original Message:
Sent: 02-07-2023 08:27
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Update: I let Playscripts (Broadway Licensing) know that I intended to reach out to the author to discuss the script number/purchase requirement.  Their response was:

"As per my last email, the required number of scripts is per author suggestion for average cast and crew size. It is our company's requirement that this number be purchased."

In the meantime, I received a response from the author indicating that the script minimum is not something that they requested as the playwright, nor something they even knew about until my email.

It sounds like Playscripts (Broadway Licensing) asked their authors at some point in time what the average cast/crew size might be for their plays and then implemented their own policy that all new licenses must purchase scripts, regardless of whether or not the school already has scripts.

While this policy would, technically, benefit both Broadway Licensing and the authors, it appears to have been implemented without consulting their authors.  Defending the policy as protecting the interests of the author feels - at least to me - to be disingenuous.

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Thanks for bringing this up; I appreciate your understanding of intellectual property. As a pretty savvy playwright long in print with all the major publishers, I can tell you  this is the first I've heard of an "author suggestion for average cast and crew size."  My play Letters to Sala has speaking roles for about 28 actors, but with doubling can be performed by as few as 8 or even 6, so who am I to say what the cast and crew size is? For the record, I've never been asked by this or any publisher to sign off on "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books". Playscripts contacted me through my agent just this week for permission to stream Letters to Sala, which I always grant to schools. (Posting a video on YouTube for public viewing is another issue I won't address right now.) Theatrical publishers used to be family businesses (Sam French) or run like non-profits (DPS) but have been bought out by corporations like Concord Theatricals and Broadway Licensing. Only a few (TRW, YouthPlays, Next Stage Press, Stage Partners) are run by their founders.
Full transparency: my most recent royalty statement from Playscripts, received yesterday, indicates that I get from $1.10 to $1.30 per script sold. Most of a playwright's income comes from production royalties. DPS pays 10% on acting edition sales and 40% for ebooks. It's nice to get some money for my work, but book sales don't add up very fast and I'm sad that high schools are being required to purchase scripts they don't need or which duplicate ones they already have. Yes, it hurts just a little when a high school student asks me to autograph their xeroxed copy of my script, but I smile and sign. It hurts a lot more when I receive a google alert for a title and discover a production that hasn't been licensed. 
And speaking of royalties, know that every playwright I know, other than a few who have had big hits with musicals,  either teaches, writes for TV/film, performs, works a second job in or out of the theatre industry, or is supported by family money or a partner. So when your school selects plays by living playwrights -- like Deborah Brevoort's Women of Lockerbie or D. W. Gregory's Radium Girls -- know that you are helping pay someone's rent or mortgage and giving them the gift of time to write more plays.
One last thing. My most produced script, I Dream Before I Take the Stand, was published by Playscripts in 2003. Total performance and book royalties over twenty years? $13,205.94.
Thanks again for respecting copyright and for telling us all about the requirement for number of scripts and the expiration date on purchase (which makes even less sense considering pandemic postponements!) I'll certainly bring it to my agent's attention and will ask my publishers about it.



------------------------------
Arlene Hutton, playwright
Letters to Sala
I Dream Before I Take the Stand
Kissed the Girls & Made Them Cry
As It Is In Heaven
Susie Sits Shiva (EdTA commission)
According to the Chorus

faculty, The Barrow Group, NYC
arlene@barrowgroup.org
------------------------------

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Ditto with everything Arlene said. 

I'm far more concerned with people who might not pay for all their performances than people who might not pay for all their scripts. 
Some publishers, like Stage Partners, have moved to a print-on-demand model, where you can purchase a license to print as many scripts as you need. (Now, if you wanted to go back 5 years later and do the same show again, would you need to buy a new print-on-demand license? I imagine you would.) 

And I share your worries about needing to buy extra scripts when you won't need them. On the other hand, I also see this from the perspective of Playscripts (or DPS) and the playwrights. Over my many years as a director, I can't remember a single production in which a script wasn't lost or destroyed by a student. So, a few extra scripts lying around might not be terrible. 

I also know, from experience, that there are a lot of people who will buy the minimum number of scripts and create additional ones with photocopies. Surely you don't do this, but I think that's likely why the publisher is demanding this change. They simply feel that there is too much copyright infringement happening out there, and this is one way to make sure that everyone is paid fairly for their work. Should you be able to prove to the publisher that you have 20 copies of the show sitting around from last time and not have to buy them again? I think so. 

So I think there's a middle ground here. I try to help people by offering plays before they're published (where I do a version of a print-on-demand license where essentially you only pay for the performance rights) because I know that our budgets are getting squeezed by everything these days.  

------------------------------
Don Zolidis
------------------------------

Original Message:
Sent: 02-07-2023 08:38
From: Arlene Hutton
Subject: Playscripts's Mandatory Script Purchase Policy

Thanks for bringing this up; I appreciate your understanding of intellectual property. As a pretty savvy playwright long in print with all the major publishers, I can tell you  this is the first I've heard of an "author suggestion for average cast and crew size."  My play Letters to Sala has speaking roles for about 28 actors, but with doubling can be performed by as few as 8 or even 6, so who am I to say what the cast and crew size is? For the record, I've never been asked by this or any publisher to sign off on "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books". Playscripts contacted me through my agent just this week for permission to stream Letters to Sala, which I always grant to schools. (Posting a video on YouTube for public viewing is another issue I won't address right now.) Theatrical publishers used to be family businesses (Sam French) or run like non-profits (DPS) but have been bought out by corporations like Concord Theatricals and Broadway Licensing. Only a few (TRW, YouthPlays, Next Stage Press, Stage Partners) are run by their founders.
Full transparency: my most recent royalty statement from Playscripts, received yesterday, indicates that I get from $1.10 to $1.30 per script sold. Most of a playwright's income comes from production royalties. DPS pays 10% on acting edition sales and 40% for ebooks. It's nice to get some money for my work, but book sales don't add up very fast and I'm sad that high schools are being required to purchase scripts they don't need or which duplicate ones they already have. Yes, it hurts just a little when a high school student asks me to autograph their xeroxed copy of my script, but I smile and sign. It hurts a lot more when I receive a google alert for a title and discover a production that hasn't been licensed. 
And speaking of royalties, know that every playwright I know, other than a few who have had big hits with musicals,  either teaches, writes for TV/film, performs, works a second job in or out of the theatre industry, or is supported by family money or a partner. So when your school selects plays by living playwrights -- like Deborah Brevoort's Women of Lockerbie or D. W. Gregory's Radium Girls -- know that you are helping pay someone's rent or mortgage and giving them the gift of time to write more plays.
One last thing. My most produced script, I Dream Before I Take the Stand, was published by Playscripts in 2003. Total performance and book royalties over twenty years? $13,205.94.
Thanks again for respecting copyright and for telling us all about the requirement for number of scripts and the expiration date on purchase (which makes even less sense considering pandemic postponements!) I'll certainly bring it to my agent's attention and will ask my publishers about it.



------------------------------
Arlene Hutton, playwright
Letters to Sala
I Dream Before I Take the Stand
Kissed the Girls & Made Them Cry
As It Is In Heaven
Susie Sits Shiva (EdTA commission)
According to the Chorus

faculty, The Barrow Group, NYC
arlene@barrowgroup.org

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Thanks, Don, for the reply, and for always sharing your experience in this forum.  It is truly appreciated!

I have done a couple of shows in the past with the print-on-demand license and, if I am remembering correctly, it was actually less expensive than buying physical scripts. I let the kids keep their copies and would definitely need to buy another print-on-demand license if we did those shows again.  However, I found it to be an equitable arrangement (I suppose it would depend on the show, cast size, total cost etc.), and if Arlene's example of 40% for ebooks is a fairly common arrangement, then I am even more pleased with that option.

Side-note:  For the play I was trying to license, the standard editions were $10.99 each and the eScript Printable Editions were $17.50 which made no sense at all.  (It was not print-on-demand and required the installation of Adobe Digital Editions to manage the number of prints you paid for.)  The only thing I can imagine would make the cost higher is that Adobe charges them a fortune to use the DRM software.

Your point about having a couple of extra scripts on hand is well taken and I tend to agree.  The cost of an extra 2 scripts is not likely to stop me from licensing the show - especially if my kids are already excited about the possibility.  (Although, it is a little depressing to think that the author will only see $2 of that extra $20.)  However, my colleague had a complete set of scripts - even emailed a photo of them - and was told she would still have to buy new ones.  I do have a problem with that.  

What Arlene mentioned about how the theatrical publishing business has changed - and what you both described about the difference between performance and book royalties when it comes to generating revenue - have made we wonder if that might be what is really driving the policy.  If, conversely, the publisher makes more money from script sales than arranging performance licenses, it would make sense that they are the ones with a vested interest in selling a minimum number of scripts to make license arrangement profitable.  They would have less of a financial interest in merely facilitating a license for someone who had already procured the scripts (whether they were left over from a previous show, borrowed from a neighboring school, or bought used copies on amazon / ebay).

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Original Message:
Sent: 02-07-2023 10:07
From: Don Zolidis
Subject: Playscripts's Mandatory Script Purchase Policy

Ditto with everything Arlene said. 

I'm far more concerned with people who might not pay for all their performances than people who might not pay for all their scripts. 
Some publishers, like Stage Partners, have moved to a print-on-demand model, where you can purchase a license to print as many scripts as you need. (Now, if you wanted to go back 5 years later and do the same show again, would you need to buy a new print-on-demand license? I imagine you would.) 

And I share your worries about needing to buy extra scripts when you won't need them. On the other hand, I also see this from the perspective of Playscripts (or DPS) and the playwrights. Over my many years as a director, I can't remember a single production in which a script wasn't lost or destroyed by a student. So, a few extra scripts lying around might not be terrible. 

I also know, from experience, that there are a lot of people who will buy the minimum number of scripts and create additional ones with photocopies. Surely you don't do this, but I think that's likely why the publisher is demanding this change. They simply feel that there is too much copyright infringement happening out there, and this is one way to make sure that everyone is paid fairly for their work. Should you be able to prove to the publisher that you have 20 copies of the show sitting around from last time and not have to buy them again? I think so. 

So I think there's a middle ground here. I try to help people by offering plays before they're published (where I do a version of a print-on-demand license where essentially you only pay for the performance rights) because I know that our budgets are getting squeezed by everything these days.  

------------------------------
Don Zolidis

Original Message:
Sent: 02-07-2023 08:38
From: Arlene Hutton
Subject: Playscripts's Mandatory Script Purchase Policy

Thanks for bringing this up; I appreciate your understanding of intellectual property. As a pretty savvy playwright long in print with all the major publishers, I can tell you  this is the first I've heard of an "author suggestion for average cast and crew size."  My play Letters to Sala has speaking roles for about 28 actors, but with doubling can be performed by as few as 8 or even 6, so who am I to say what the cast and crew size is? For the record, I've never been asked by this or any publisher to sign off on "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books". Playscripts contacted me through my agent just this week for permission to stream Letters to Sala, which I always grant to schools. (Posting a video on YouTube for public viewing is another issue I won't address right now.) Theatrical publishers used to be family businesses (Sam French) or run like non-profits (DPS) but have been bought out by corporations like Concord Theatricals and Broadway Licensing. Only a few (TRW, YouthPlays, Next Stage Press, Stage Partners) are run by their founders.
Full transparency: my most recent royalty statement from Playscripts, received yesterday, indicates that I get from $1.10 to $1.30 per script sold. Most of a playwright's income comes from production royalties. DPS pays 10% on acting edition sales and 40% for ebooks. It's nice to get some money for my work, but book sales don't add up very fast and I'm sad that high schools are being required to purchase scripts they don't need or which duplicate ones they already have. Yes, it hurts just a little when a high school student asks me to autograph their xeroxed copy of my script, but I smile and sign. It hurts a lot more when I receive a google alert for a title and discover a production that hasn't been licensed. 
And speaking of royalties, know that every playwright I know, other than a few who have had big hits with musicals,  either teaches, writes for TV/film, performs, works a second job in or out of the theatre industry, or is supported by family money or a partner. So when your school selects plays by living playwrights -- like Deborah Brevoort's Women of Lockerbie or D. W. Gregory's Radium Girls -- know that you are helping pay someone's rent or mortgage and giving them the gift of time to write more plays.
One last thing. My most produced script, I Dream Before I Take the Stand, was published by Playscripts in 2003. Total performance and book royalties over twenty years? $13,205.94.
Thanks again for respecting copyright and for telling us all about the requirement for number of scripts and the expiration date on purchase (which makes even less sense considering pandemic postponements!) I'll certainly bring it to my agent's attention and will ask my publishers about it.



------------------------------
Arlene Hutton, playwright
Letters to Sala
I Dream Before I Take the Stand
Kissed the Girls & Made Them Cry
As It Is In Heaven
Susie Sits Shiva (EdTA commission)
According to the Chorus

faculty, The Barrow Group, NYC
arlene@barrowgroup.org

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Thank you, Arlene, for the detailed and thoughtful response.   If nothing else, your insights have given me a better understanding, which I can share with my students.  I consider that a positive outcome from this experience.  I am grateful for you, and the many other contributors to this forum.  It is a powerful tool for connecting and learning.

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Original Message:
Sent: 02-07-2023 08:38
From: Arlene Hutton
Subject: Playscripts's Mandatory Script Purchase Policy

Thanks for bringing this up; I appreciate your understanding of intellectual property. As a pretty savvy playwright long in print with all the major publishers, I can tell you  this is the first I've heard of an "author suggestion for average cast and crew size."  My play Letters to Sala has speaking roles for about 28 actors, but with doubling can be performed by as few as 8 or even 6, so who am I to say what the cast and crew size is? For the record, I've never been asked by this or any publisher to sign off on "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books". Playscripts contacted me through my agent just this week for permission to stream Letters to Sala, which I always grant to schools. (Posting a video on YouTube for public viewing is another issue I won't address right now.) Theatrical publishers used to be family businesses (Sam French) or run like non-profits (DPS) but have been bought out by corporations like Concord Theatricals and Broadway Licensing. Only a few (TRW, YouthPlays, Next Stage Press, Stage Partners) are run by their founders.
Full transparency: my most recent royalty statement from Playscripts, received yesterday, indicates that I get from $1.10 to $1.30 per script sold. Most of a playwright's income comes from production royalties. DPS pays 10% on acting edition sales and 40% for ebooks. It's nice to get some money for my work, but book sales don't add up very fast and I'm sad that high schools are being required to purchase scripts they don't need or which duplicate ones they already have. Yes, it hurts just a little when a high school student asks me to autograph their xeroxed copy of my script, but I smile and sign. It hurts a lot more when I receive a google alert for a title and discover a production that hasn't been licensed. 
And speaking of royalties, know that every playwright I know, other than a few who have had big hits with musicals,  either teaches, writes for TV/film, performs, works a second job in or out of the theatre industry, or is supported by family money or a partner. So when your school selects plays by living playwrights -- like Deborah Brevoort's Women of Lockerbie or D. W. Gregory's Radium Girls -- know that you are helping pay someone's rent or mortgage and giving them the gift of time to write more plays.
One last thing. My most produced script, I Dream Before I Take the Stand, was published by Playscripts in 2003. Total performance and book royalties over twenty years? $13,205.94.
Thanks again for respecting copyright and for telling us all about the requirement for number of scripts and the expiration date on purchase (which makes even less sense considering pandemic postponements!) I'll certainly bring it to my agent's attention and will ask my publishers about it.



------------------------------
Arlene Hutton, playwright
Letters to Sala
I Dream Before I Take the Stand
Kissed the Girls & Made Them Cry
As It Is In Heaven
Susie Sits Shiva (EdTA commission)
According to the Chorus

faculty, The Barrow Group, NYC
arlene@barrowgroup.org

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Yes this is quite problematic for schools.  I recently had to purchase 20 scripts for Almost Maine.  I have a cast of 13 and the play was written for FOUR actors.  SMH...

------------------------------
Laura Russo
Teacher/Director of Theatre Arts
Chatham High School
NJ
------------------------------

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Hi Guy!

Thanks for bringing this issue to my attention. I didn't know this policy had changed until I read this post. I was not consulted about this and I don't know of any writer who was (though, admittedly, I only know a few PS playwrights.) Don, were you?

I personally liked the policy the way it was before. I'm always in favor of making theater teacher's/directors lives easier and having flexibility when it comes to ordering copies since most of the one acts PS has are like "could be done with a cast of 3, or 300!" I was never a theater teacher myself, but I can't imagine the headaches and hoops you have to go through to put on a play. And I love less hoops!  Sure, I suppose some teachers were may be scamming Playscripts by buying the minimum amount of plays and photocopying them. I've even caught a few of them when a teacher will, say, buy one production but perform it three times. That hurts my income and I have no problem whistling them in. But overall... I feel like, even when budgets are tight, theater teachers tend to be pretty ethical. And I would rather a teacher have the flexibility to buy the number of scripts they need, than policing them like they're out to get everyone.

And Arlene is right. The amount I make from play sales is usually about 10%. Most of the income I make is from productions. Play sales do add up. I do benefit financially from the sale of every script and it does help keep my kids in diapers. But I never lost sleep over the idea that a teacher bought 10 copies but had a cast of 12. It's not something I ever worried or complained about. 

I have never worked with TRW, Next Stage Press, or YouthPlays. So I can't say how flexible they are when it comes to purchasing plays. But I've had a number of plays published by Stage Partners and have found them to be receptive, flexible partners. Plus, as a writer, they give great feedback and notes to make my plays. They're very good to writers!

I'll pass my concerns about this onto Playscripts myself. I'm not sure it will change anything, but I'll try. Good luck and sorry you have to go through all this!

Ian

------------------------------
Ian McWethy
------------------------------

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

As a Playscripts playwright, there seems to be a fundamental flaw in their assumptions. If I answer their question about how big a cast I RECOMMEND, I may answer with a high or low number (usually both), depending on how few actors that I think it can be done by, or how many actors I think the play can accommodate. For my adaptation of Moliere's "Don Juan," I listed as few as 8 and as high as 25, but I might have chosen either number depending on which number I thought might better fulfill the producer's needs. But it sounds like Playscripts is running with whichever number I set down as if it were my "REQUIREMENT." (Suggesting that the playwright's "recommendation" is the playwright's "requirement" is just a disservice to the English language.)

As others have noted, I barely make anything on the sale of a script, thus my motivation is towards royalty, not book sales.

But even if I did set down the higher of the two numbers, as a playwright, I would expect this to be treated as if it were a request for a change in the dialogue. If somebody wants to change a "damn" to a "darn," or a "him" to a "her" I'm happy to field that request, and grant (or not grant) the exception. 

------------------------------
Tim Mooney
www.timmooneyrep.com
www.moliere-in-english.com
------------------------------

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

Tim, I hope you will communicate this to Playscripts.  This problem seems to be one that playwrights should be able to help solve.

------------------------------
CJ Breland
Retired Theatre Arts Educator
NC
------------------------------

Original Message:
Sent: 02-10-2023 12:14
From: Tim Mooney
Subject: Playscripts's Mandatory Script Purchase Policy

As a Playscripts playwright, there seems to be a fundamental flaw in their assumptions. If I answer their question about how big a cast I RECOMMEND, I may answer with a high or low number (usually both), depending on how few actors that I think it can be done by, or how many actors I think the play can accommodate. For my adaptation of Moliere's "Don Juan," I listed as few as 8 and as high as 25, but I might have chosen either number depending on which number I thought might better fulfill the producer's needs. But it sounds like Playscripts is running with whichever number I set down as if it were my "REQUIREMENT." (Suggesting that the playwright's "recommendation" is the playwright's "requirement" is just a disservice to the English language.)

As others have noted, I barely make anything on the sale of a script, thus my motivation is towards royalty, not book sales.

But even if I did set down the higher of the two numbers, as a playwright, I would expect this to be treated as if it were a request for a change in the dialogue. If somebody wants to change a "damn" to a "darn," or a "him" to a "her" I'm happy to field that request, and grant (or not grant) the exception. 

------------------------------
Tim Mooney
www.timmooneyrep.com
www.moliere-in-english.com

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------

I'll weigh in as another Playscripts author (and working theatre teacher), having been with the company from the beginning.  Its co-founders are former students of mine, who even pitched early business models to me to see how they would play to teachers out in the field, and asked me questions about what teachers might want licensers to do differently.

Whenever I've submitted a new script to the company, I've been asked for my judgment on a minimum and maximum number of actors that it would take to perform the play.  But my understanding was always that this was merely to assist potential customers in deciding whether that show might be practical for their acting pools.  I don't remember being told that these numbers would constitute a requirement about the number of scripts that must be purchased for production.

When I order scripts for a show that I will direct with my students, I do order various copies for crew members on top of what I need for my cast.  But the number of crew copies can vary greatly based on a given show's technical needs, so the idea of a standard number of crew copies gives me pause.  On the other hand, it does seem reasonable to expect the purchase of at least one script per cast member, plus at least some extras for the director and crew.

When Playscripts sends me e-mail notifications of productions of my plays, those messages include the number of copies purchased.  I just pulled up and scanned through the history of one play's orders, and while most productions have ordered 7 or more copies - 7 being the minimum suggested cast there - some have ordered fewer.  This would indicate that in the past, the company didn't necessarily require those crew copies, or even a full cast set.

Back to the history.  My former students sold Playscripts some years ago.  After the sale, most things about company business seemed to proceed as they had under the original ownership, at least from this author's viewpoint.  More recently, Playscripts was acquired by Broadway Licensing, and things have begun to change.  Perhaps some of the purchase requirements under discussion in this thread result from that new management.

When I have to buy scripts for production, I let my students keep them after the show.  (Obviously, rental scripts have to go back to their suppliers.)  But if a teacher keeps production scripts, and wants to stage the same show again in the future, I don't have a problem with that, as long as they pay the royalty fees for the new production.  (I do wonder about how easy it will be for students to use scripts that would have been marked up with another cast's blocking and interpretive notes, but maybe that's just me.)  At any rate, it shouldn't be hard for Playscripts to cross-check old script purchases.  I can go into their Playwright Information Center myself, click on the very first of my plays to have been published, and pull up the details on its first post-publication production, down to the fact that a school in St. Paul ordered 12 copies of that script (which has a cast of 10) for its October 2003 run.

I have some slightly different income stats to report compared to other posts.  Playscripts pays me a 10% commission on books and 25% on eScripts, and 60% of royalties (not the 90% that was suggested above) and video license fees.

I hope that I haven't simply repeated here what others have already said.  I'm happy that there can be a dialogue between end-users, content creators, and content providers, so that we all understand the situation, and work for effective change where it might improve things for everyone.

------------------------------
Jeff Grove
Theatre Teacher, Aesthetics Department Chair
Stanton College Prep
FL
------------------------------

Original Message:
Sent: 02-06-2023 09:51
From: Guy Barbato
Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

  Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

  I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process.  I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

  For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site.  I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option.  However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances.  Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.) 

  It appears that this requirement is now a very firm one with no exceptions.  The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise.  The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show.  I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show.  This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

  I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts.  However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

  A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts.  This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

  There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator.  I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

  If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased?  Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,
Guy Barbato
Leonardtown High School Theatre Teacher
Treasurer, Maryland Chapter of the Educational Theatre Association
VP of Membership, Maryland Theatre Education Association

------------------------------
Guy Barbato
Theatre Teacher/Director
Leonardtown High School
MD
------------------------------