While I don’t agree with the Producers’ approach to things, the cases are NOT about the authors’ rights. The authors are, I’m sure, getting the royalties to which they’re entitled. As far as I can tell, the producers aren’t claiming a bigger portion of those than that to which they’re entitled by contract.

The producers sued these other companies not because they produced the play (under license from the playwright, composer, lyricist), but because they copied significant portions of the New York PRODUCTION. (i.e., Designs, Direction, choreography, staging, etc.). These elements of a production don’t exactly belong to the authors… They belong to the Producers (arguably).

This isn’t the first time this kind of issue has arisen (see, for example, Mantello v. Hall and the Tam Lin case).

The bottom line is this. If a stock, amateur, or other company wants to produce a show, they’re welcome to do so, but they’re generally NOT permitted to copy elements of the original production, without specific permission from the owners of those elements. This can include lighting design, scenic designs, costumes, props, choreography, etc.

I know as an attorney, you feel the need to tell people to consult an attorney, but you are so wrong about what lies underneath this facade.

Sincerely,
Katherine Seymour