Copyright and Theater

• text of script
• music used
• copyrighted recording of music
• artwork displayed in sets
• sometimes stage directions

• Scripts - purchasing legally does not mean allowance to perform. It simply means you own the script and may read it.
• Performance rights must be obtained. Theatrical rights are the rights permitting performance of a work onstage whether written in theatrical form or yet to be adapted for theatrical performance, such as a novel or short story. Compensation for such rights may come in the form of a percentages of the box office receipts, or a predetermined fee based on the number of schedule performances (AAP, p.63)
• Still violates copyright law to produce a play without permission when no admission is charged.
• Often, playwrights sell their works to a play-publisher leasing agent, who then has the ability to sell the work, deal with requests for producing the work, and publish the owork. Two common places to contact for performance rights are Samuel French and Dramatists Play Service, who act as licensing agents for performance rights for many plays.

• If you write a play or script that uses characters or scenarios from someone else's work, you need to secure permission from the author.
• Who may change a playwright's words? The playwright only. Performers may not delete, change, etc.
• Changing stage directions and settings of playwright/copyright holder can also violate copyright laws...Again, playwright has right to change.
• "Cutting" a show (i.e., doing excerpts, cutting it to time). Need to get permission.
• Other changes are tricky. If they are substantial, need to get permission (has to do with playwright's intent)

Just as the text of the play is copyrighted, so are the playwright’s stage directions. They are not to be deleted or changed without permission. If a director is "working for hire," chances are their stage directions are not "owned" by them but by the employer (the company; the theater; the producer). Thus, in that instance, the director does not own copyright on them.

In short, “grand rights” refer to use of music in dramatic works (e.g., operas, plays with music). The use of musical works in non-dramatic public performance is a “small right” and is licensed through a performing rights organization such as BMI or ASCAP.

Messiah College maintains ASCAP, BMI, and SESAC license agreements. In general, these licenses permit non-dramatic public performances of copyrighted music the College presents on campus, including concerts, coffeehouses, cafeterias, dances and mixers, educator or social club parties, athletic events, exercise classes, campus store usage, and music-on-hold telephone systems. The licenses also permit off-campus performances if the locations are engaged for use by the College.

The licenses do not permit dramatic performances, such as performance of music as part of a musical comedy, opera, play with music, revue or ballet presented in its entirety, or the performance of one or more musical selections from such a musical or opera accompanied by dialogue, pantomime, dance, or stage action. These are “grand rights” and any such public performances must be separately permitted by the copyright holder. 

No, that is still a violation. If there is an audience, it is a performance and permission is required. 

As long as it is within a class and only class members are present, that is fair use. The copyright code (U.S. Code XX110) allows for “performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction…” However, if any audience is present, then copyright permission must be secured.