01/29/06

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Copyrights Run Amok

Should directors be able to copyright their contributions to a play? That's the troubling question raised by New York Times writer Jesse Green in "Exit, Pursued by a Lawyer." In a trial scheduled for April, director Edward Einhorn claims that his contributions to the staging of "Tam Lin" -- which other members of the production say were removed -- represent a work to which he has copyright and that the defendants have infringed.

John Weidman, president of the Dramatists Guild of America, observes that such rights would be disastrous if recognized. But as the article suggests, the idea is not that far fetched. Choreographers can copyright their work, which is similar to that of directors. Directors have submitted annoted scripts to the U.S. Copyright Office and received copyrights. In 1997, a federal judge refused to dismiss a claim of directorial copyright, noting "Once the plaintiff produced a copyright, the burden shifted to defendants to demonstrate why the claim of copyright is invalid."

While the "Tam Lin" case may not end up setting the precedent in this area, it seems likely this issue will not go away. And if it doesn't, where does it end? Many of a director's contributions to a production come from the actors. Should they be entitled to copyrights of their own? And what about lighting directors, costume designers, and everyone else involved in a production?

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