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re: "Whose Production is it anyway?": violating Copyright in Theatre
Posted by: ryhog 10:13 am EDT 06/17/19
In reply to: re: "Whose Production is it anyway?": violating Copyright in Theatre - whereismikeyfl 09:10 am EDT 06/17/19

I think at the heart of your misunderstanding is what an explicit precedent would and would not do.

The absence of an explicit case is not an impediment to redress, nor is it a form of protection. No two cases have the same facts. Cases that are cited as precedent (and you can look at any case on infringement in any context to see this) turn on legal issues, not factual ones. The starting point of your precedent-seeking is an issue that "we" have already won: there is no serious question that a director is precluded from seeking redress, and that's as much as anyone gets from the law. Then comes the hard part, proving injury in fact.

There are ways of bolstering the director's position, but it is not a test case. I gave one example yesterday. Another would be to add contract language including the right to express delineation of a director's contribution in the script.

One more observation: most copyright cases are settled; most cases of any kind are settled. (Notice how few if any of the (much clearer) playwright infringement cases go to trial.) This is true for several reasons, the biggest of which is that in most cases the facts provide a clear basis for the result. In these director cases there is another: if there were to be litigation, it would be about there is not much money at stake. The cases we have been talking about are not long running Broadway musicals; they are community or maybe regional theatre productions. $25,000 would be a huge amount in potential recovery.

I've tried to explain this several times as has Vegas. To the extent we have failed, let me suggest that you articulate what it is you are after, not in broad philosophical terms but in actual ones. Then I think you will see that, in the words of Glinda, "You Had the Power All Along My Dear."
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