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re: "Whose Production is it anyway?": violating Copyright in Theatre
Last Edit: whereismikeyfl 10:10 pm EDT 06/16/19
Posted by: whereismikeyfl 10:09 pm EDT 06/16/19
In reply to: re: "Whose Production is it anyway?": violating Copyright in Theatre - vegas 09:53 pm EDT 06/16/19

I think your reading of Einhorn is slightly off. The judge did say that Einhorn did not have adequate documentation for his choreography and suggested that courts might provide protection for stage direction under certain circumstances, but was vague on what those circumstances would be. And the Judge did not offer such protection himself. The Judge focused on the lack of choreographic documentation because the case law was clear. It is not clear on the director's work.

I may have been overstating when I said the courts threw out the idea of director's copyright. It would be more accurate to say that no court has recognized a director's copyright. Even in Einhorn, the judge allowed that other courts in some circumstances might recognize it--without actually recognizing it himself.

So if you can point me to a case stating that directors CAN own copyright on their staging, I would be happy to shout about it from the rooftops.

Wading through IP law is like crawling through a thicket. A lot of it makes no sense and it does change over time. It is surprising to me that this issue still is unresolved. We just need to keep making noise and get that one clear test case.
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