Copyright & Fair Use

What are Performance Rights? 

• When you request performance rights, you're essentially seeking permission to utilize copyrighted material owned by the playwright.
• If you intend to put on a play, you must obtain the playwright's consent and also pay for the privilege of staging the performance.
• Ignoring the requirement for payment and approval when using copyrighted content is not only a legal violation but also a lapse in ethical artistic conduct.
• Acquiring these rights serves to safeguard not just the content creator but also the user, which includes you.

What About Fair Use? 

Fair use is “a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances.” Essentially, it means there are some activities and situations in which it’s okay to use copyright-protected material without the copyright holder’s permission. Some of these instances include news reporting, research, comment, scholarship, criticism, and teaching.

However—and it’s a big however—that doesn’t mean educators have universal permission to use copyright-protected material in school. You might use a script, a recording, a film, or a novel for educational use within your curriculum, but you can’t claim fair use when it comes to performances. This is a common misconception with theatrical performance in schools. When you’re utilizing copyright-protected material for the stage, you must request permission (and, most likely, pay certain fees) to present a performance.

KEEP IN MIND:

• while most plays and musicals written before 1920 are in the Public Domain, this refers only to the original script. If you use a modern translation or adaptation, the new version may be protected by copyright
• follow the stipulations for crediting the playwright or copyright holder in your performance programs, advertisements and other materials
• consult the rights holder if you plan to make significant changes, adaptations, or translations 
• You may need separate permissions for audiovisual rights if you plan to record or film the performance
• understand that fair use and educational exceptions have limitations and might not apply to public performances

Adapted from: https://playwrightsguild.ca/browse/amateur-rights-at-pgc/amateur-rights-for-producers/amateurrightsguide/

These plays and monologues are available in the public domain and can be used and performed freely.