Theatre: Copyright & Performance

Just like other works, plays and musicals are protected by copyright. Not only is it illegal to perform a play or musical in front of an audience without permission, you can open yourself up to hefty fees and litigation. As an actor, writer, director, etc., you must understand copyright and performance rights.

 Copyright gives the creator the control to:

• Reproduce their work.
• Distribute copies of the work.
• Perform or display the work publicly.
• Create derivative works based on the original.

 A performance right or license is required for another to perform the copyrighted work. This license generally covers:

• The right to perform the work for a specified number of performances.
• The venue where the performance will take place.
• The duration of the license period.
• Royalties and fees that must be paid based on the above information.

 Unless otherwise notated in your contract, a performance license does not give you the right to:

• Alter the script in any way (such as cutting scenes or eliminating offensive dialogue).
• Put on additional performances of the work.
• Buy one script and make multiple copies for your ensemble.
• Record the performance in its entirety.

But what if I'm only performing the work in a classroom setting?

Educational use generally allows scenes and plays to be done in class. However, once an outside audience (parents, judges, or even students outside the class) is added, the performance goes from educational to entertainment and requires a performance license regardless of where it is performed or if admission is charged.

 What if the play I want to put on has mature themes or dialogue? Can I cut it out or change it?

Generally, no. Making any changes or cuts needs to be approved by the publisher or author. However, some contracts, especially those geared towards education, may provide alternate lines or give permission for dialogue to be omitted (but not changed!). When in doubt, check your paperwork and contact the publisher or author.

 How do I obtain performance rights?

Each publisher is different and has their own process. If you find a script you want to put on, look up the publisher's website to find what information they have.

 What if I don't want to pay performance fees? Is there another option?

Plays that do not require you to obtain performance rights are in the public domain, meaning they are no longer under copyright. Many can be found online by searching "royalty-free plays" or "public domain plays". Just be sure to do your research.