QUESTION
If you are not charging admission, can you change a well known play?
Asked on Oct 24th, 2013 on Entertainment Law - Nebraska
More details to this question:
My class is putting on a play for parents and we are not charging admission. We are advertising and want to give the play a modern twist and change some of the dialogue. Is this okay?
3 ANSWERS
Theodore M. Roe
In terms of potential civil penalties, unless you obtained a written release where she released all copyright interest in the photos, you could be liable for copyright infringement. Willful copyright infringement carries with it up to $150,000 in damages per violation plus attorney fees and costs. Additionally, you may be violating her right to privacy unless these were contemplated to be made public in which case you could be liable for actual damages, etc.
Answered on Oct 28th, 2013 at 7:27 PM
3 Awards
The question is a bit vague as to whether the play is covered by copyright. Shakespeare's works, for example, are not covered by copyright, and can be freely changed under the law (some viewers and English literature buffs may object, but that is not a legal question). If a work is covered by copyright, you might be able to make changes, but and this is VERY IMPORTANT it depends on the nature of the changes. There is a legal concept called "fair use" that MIGHT allow the changes, but it is very fact-dependent. You need to discuss this with a lawyer skilled in copyright.
Answered on Oct 24th, 2013 at 10:35 PM
This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.
Whether you charge admission or not, if you use the specific work, you must have permission from the copyright holder. Just changing part of a play is not enough to avoid copyright violation. However, only the specific expression is protected. The underlying theme of any play, book, story, etc., can not be copyrighted. For example, compare "Romeo and Juliet" with "West Side Story." Both deal with star-crossed lovers, but they have very different settings, situations, language, and characters.
Answered on Oct 24th, 2013 at 10:33 PM