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Copyright Once Again Hiding Important Cultural Artifacts

From Above the Law

Public domain works published prior to 1923 are available. Works in the last few years tends to remain available. Works from the many, many, many decades in between? Not so much...

Read more here.

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Theater Professionals Can Seek Mediation in Sexual Harassment Cases

From The New York Times (Photo: Sara Krulwich)

Members of the theater community now have a new option for how to address sexual harassment.

On Wednesday, a mediation service for theater professionals involved in sexual harassment incidents was announced by the actress Marin Ireland and the lawyer Norman Siegel at a news conference.

The service, facilitated by an approved mediator, will be confidential.

“If the individuals involved in such an incident agree to this process, a mediator will be selected and will work with those involved in an effort to reach an amicable resolution to the alleged incident,” Mr. Siegel said in the announcement. “Possible resolutions could include an apology, a promise not to engage in such behavior in the future, and counseling.”

The process could also lead to a financial settlement, Mr. Siegel added in a phone interview.

The service is set up as a six-month pilot project...(Read More)

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Fair Use and Parody in Theatre

Who’s Holiday! Playwright Matthew Lombardo Wins Case Against Dr. Seuss Enterprises

From Playbill

A U.S. district court has ruled in favor of playwright Matthew Lombardo, who has been in a yearlong legal battle with Dr. Seuss Enterprises after the estate attempted to shut down his holiday parody, Who’s Holiday!, last year.

Who’s Holiday! was to star Jennifer Simard as a 45-year-old Cindy Lou Who, the fictional character from Dr. Seuss’ classic Christmas tale The Grinch Who Stole Christmas, who now lives in a beaten-up trailer on the side of Mount Crumpet.

Directed by Carl Andress, the production was originally announced for a 2016 holiday run Off-Broadway at New World Stages, but was postponed after Dr. Seuss Enterprises sent Lombardo cease and desist letters, citing copyright infringement. (Read More)

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Judas Iscariot” Doesn’t Deserve This Treatment

Graphic design for “The Last Days of Judas Iscariot” via the Shelton Theatre website 

From “Judas Iscariot” Doesn’t Deserve This Treatment by Howard Sherman, artsintegrity.org

Sherman follows the developing story of Shelton Theatre’s production of The Last Days of Judas Iscariot. Following dramatic cuts to the script without the permission of the author, Stephen Adly Guirgis, or knowledge of the licensing house, DPS, Sherman observes the tension between letting theatre persist and remaining true to the vision of the playwright.

Read more

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When A Censored Play Was Already In Violation of Copyright

By Howard Sherman for ArtsIntegrity.org

“The shutting down of a high school play at East Newton High School in Granby, Missouri last week may have set a new low in bad timing for such incidents. The show was not canceled after casting, during rehearsals, just prior to opening night or following the first performance. No, at East Newton the show was canceled roughly 10 minutes into the second act on its first night. Why? Because two parents, watching the show, demanded that their child be pulled off the stage.

What was the show with this offensive content? A stage adaptation of the widely-loved John Hughes coming of age film The Breakfast Club, released 32 years ago. But therein lies another problem, namely that there is no authorized stage adaptation of The Breakfast Club. The production at East Newton was a wholly homegrown affair, save for the source material itself.”

Read more

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HAND TO GOD wins lawsuit over use of Abbott and Costello routine.

By Larry Neumeister for Associated Press. 

“Producers of a now-closed Broadway play can use Abbott and Costello’s famous “Who’s on First” routine over objections by the comedy duo’s heirs, an appeals court ruled Tuesday.

The 2nd U.S. Circuit Court of Appeals in Manhattan upheld a lower-court judge’s decision last December against heirs who had sued “Hand to God” producers.

That judge had ruled that the play’s use of the routine was so transformative that it constituted fair use of a copyrighted work...”. Read more: here.

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Honoring the Profession: Free Tickets for Playwrights

From Article “Free Tickets for Playwrights Who Can’t Afford the Theater” by Michael Paulson for The New York Times.

“Pity the playwrights. Many of them make so little money, they can’t afford tickets to plays.

Now some of the nation’s leading regional theaters, saying it is essential to the art form that writers see work by their colleagues and predecessors, have a solution: They will offer free last-minute seats to their shows...” Read more: Here. 

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Bill Proposed To Streamline Legal Action Taken On Intellectual Property

A proposed bill would offer copyright owners an alternative to federal lawsuits when attempting to protect their intellectual property.

READ MORE: http://ncac.org/blog/bill-proposed-to-streamline-legal-action-taken-on-intellectual-property

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Lin-Manuel Miranda recognizes those who inspired HAMILTON lyrics

While international recording artists such as Led Zepplin and Ed Sheeran endure legal battles for their musical inspiration, Miranda’s clears all uses by applying for grand rights and giving credit where credit is due. 

http://www.forbes.com/sites/legalentertainment/2016/06/16/hamilton-and-copyright-lin-manuel-miranda-had-his-eyes-on-music-history/#67e1b45e7217

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Writing the Book for a Musical: A Misunderstood Art

Dramatists Guild of America’s President Doug Wright comments in a New York Times OpEd piece on the confusion surrounding the role of the book writer in crafting a musical, read more here:  http://www.nytimes.com/2016/05/11/opinion/writing-the-book-for-a-musical-a-misunderstood-art.html?_r=0

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The Ground on which we stand: Diversity and Opportunity in American Theater, 20 years after August Wilson’s Foundational speech.

McCarter Theatre Center and the Lewis Center for the Arts present a symposium commemorating the 20th anniversary of August Wilson’s seminal speech, “The Ground on Which I Stand,” delivered in 1996 from the stage of the McCarter’s Matthews Theatre addressing questions of race, diversity, and cultural identity in the American Theater. Read More: http://arts.princeton.edu/events/august-wilson-symposium-diversity-opportunity-american-theater/

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Forham University will host Beyond Orientalism public forum on race and identity in theatre.

On Monday, May 2nd explore questions surrounding race equity in the theatre and how artists and producers can agree to work together to eradicate yellowface and brownface. Read more: http://www.broadwayworld.com/article/Fordham-University-Will-Host-BEYOND-ORIENTALISM-Public-Forum-on-Race-and-Identity-in-Theatre-20160415

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Stephen Schwartz clarifies his position on banning his musical work in North Carolina.

The musical theatre composer and lyricist sympathizes with some of the arguments against his boycott but maintains that these circumstances call for extreme measures.  Read more here: http://www.hollywoodreporter.com/news/wicked-composer-north-carolina-boycott-880918?utm_source=Sailthru&utm_medium=email&utm_campaign=THR%20Breaking%20News_now_2016-04-05%2012:39:03_ehayden&utm_term=hollywoodreporter_breakingnews

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Stephen Schwartz writes about discrimination in North Carolina; Will deny local show rights

BroadwayWorld.com received word of a powerful email written by composer Stephen Schwartz.  Read more here: http://www.broadwayworld.com/article/BWW-Exclusive-Stephen-Schwartz-Writes-About-Discrimination-in-North-Carolina-Will-Deny-Local-Show-Rights-20160331

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Intellectual property intersects with show business

Applying intellectual property tools to the more ephemeral area of live entertainment can be complicated. http://www.reviewjournal.com/neon/intellectual-property-intersects-show-business

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A Theatrical Controversy Proves to Be Much Ado About Nothing

Critics were banned from a revival, but was this a free-speech issue or something far less troubling?  

"All this being the case, Samuel French would have been well within its legal rights to prevent the Wooster Group’s production from opening, since it hadn’t yet licensed the Los Angeles run. Instead, it decided to let the show go on—so long as critics weren’t invited. 'We were under no illusion that the press couldn’t buy a ticket and [assumed] that if they did so, it wasn’t a breach of contract,' Mr. Lazarus said. 'We weren’t denying freedom of speech.'"  Read more in Terry Teachout’s article from The Wall Street Journal -

http://www.wsj.com/articles/a-theatrical-controversy-proves-to-be-much-ado-about-nothing-1455144095

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Shouting "Kill the Playwright" in a Crowded Theatre

Playwright Kathleen Warnock went to see Annie Baker’s THE FLICK in December during which an audience member called for the death of the playwright.  Read more here: http://howlround.com/shouting-kill-the-playwright-in-a-crowded-theatre?utm_source=HowlRound.com%27s+Email+Communications&utm_campaign=e058a21e3b-DAILY_RSS_EMAIL&utm_medium=email&utm_term=0_9ac5709e38-e058a21e3b-45178673&ct=t(RSS_EMAIL_CAMPAIGN)&mc_cid=e058a21e3b&mc_eid=f5f359871f