Copyright and theater resources

In theater, copyright protected works include:

• text of script
• music used
• copyrighted recording of music
• artwork displayed in sets
• costume design
• choreography
• stage directions (sometimes, not always - a playwright owns the copyright to stage directions in the script, but a director may not own the copyright for stage directions if they performed a "work for hire")

Yes. Scripts in the public domain are available from resources such as Project Gutenberg. As with other creative works, if they are in the public domain, you may use them without paying for copyright. However, you should always provide attribution.

Additional Resources

• Stage Performance and Theater Rights - the The Young Americans College of the Performing Arts provides information about copyright and theater performances
• Copyright in Theater - an overview of copyright in the theater world provided by dramatics.org
• Copyright 101 (video) - the Dramatists Guild explains the basics of copyright as it pertains to creators of dramatic works and the ways to protect your work.

Yes, according to the Dramatists Guild, the National Trade Association of Playwrights, Composers, Lyricists, and Librettists, educators in a face-to-face classroom or educators using a learning management system like Canvas for online teaching are permitted to have students perform a play, alter a play, or perform a section of a play for educational use as long as non-students (i.e. an audience) are not present.

An educator may not copy a play or upload a PDF to Canvas without a license, even if it is just for classroom use. The Dramatists Guild "Can I do that" resource for educators answers additional questions about educational use.

Educators may not record or stream the performance for an audience other than students in the class. This includes other students at the institution.The Dramatists Guild "Can I do that" resource for educators answers additional questions about educational use.

If you have questions about copyright as a theatre instructor, please contact Daniel Inouye, Chair of the Department of Theatre and Dance.

If you have general copyright questions, contact your liaison librarian.

• A legally purchased script does not allow performance of the play. It simply means you own the script and may read it.
• To perform a play, 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 percentage of the box office receipts, or a predetermined fee based on the number of schedule performances.
• It 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 work. 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. The University of Michigan Library maintains a comprehensive list of licensing agents.

• 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.
• Only the playwright may change the words in a script. Performers may not delete or change the words.
• Changing stage directions and settings of a playwright or copyright holder can also violate copyright laws. Stage directions and settings could be copyrighted by someone other than the playwright, so permission may need to be secured by more than one person to make changes. The American Association of Community Theatre's guide to making script changes legally provides additional information.
• "Cutting" a show (i.e., doing excerpts, cutting it to time) also requires permission from the copyright holder/playwright.
• Other changes, if they are substantial, may require permission, especially if you are altering the playwright's intent.

When in doubt, always obtain permission from the copyright holder.

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," 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.

"Grand rights" refer to the use of music in dramatic works. Examples: 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. Any such public performance must be permitted by the copyright holder; the licenses held by Messiah University do not permit such performance without copyright permission.

"Small rights" refer to the use of musical works in non-dramatic public performance. These performances are licensed at Messiah University through a performing rights organizations BMI, SESAC, and ASCAP and may be legally performed. The copyright for music resources page has more information about licenses for "small right" performances.

No, that is still a violation of copyright. If there is an audience, it is a performance and permission is required. Exception: an educational activity as a part of a course that is viewed only by the students in that course.

The University of Texas at Austin outlines the steps for obtaining rights to produce a play or use music in a dramatic performance. The American Association of Community Theater also offers 6 steps to obtain production rights and the University of Michigan Library provides resources for locating rightsholders and contacting them.