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Performing Copyright: Law, Theatre and Authorship

Autor Luke McDonagh
en Limba Engleză Paperback – 14 dec 2022
Based on empirical research, this innovative book explores issues of performativity and authorship in the theatre world under copyright law and addresses several inter-connected questions: who is the author and first owner of a dramatic work? Who gets the credit and the licensing rights? What rights do the performers of the work have? Given the nature of theatre as a medium reliant on the re-use of prior existing works, tropes, themes and plots, what happens if an allegation of copyright infringement is made against a playwright? Furthermore, who possesses moral rights over the work?To evaluate these questions in the context of theatre, the first part of the book examines the history of the dramatic work both as text and as performative work. The second part explores the notions of authorship and joint authorship under copyright law as they apply to the actual process of creating plays, referring to legal and theatrical literature, as well as empirical research. The third part looks at the notion of copyright infringement in the context of theatre, noting that cases of alleged theatrical infringement reach the courts comparatively rarely in comparison with music cases, and assessing the reasons for this with respect to empirical research. The fourth part examines the way moral rights of attribution and integrity work in the context of theatre. The book concludes with a prescriptive comment on how law should respond to the challenges provided by the theatrical context, and how theatre should respond to law. Very original and innovative, this book proposes a ground-breaking empirical approach to study the implications of copyright law in society and makes a wonderful case for the need to consider the reciprocal influence between law and practice.
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Specificații

ISBN-13: 9781509949168
ISBN-10: 150994916X
Pagini: 256
Dimensiuni: 156 x 234 x 25 mm
Greutate: 0.33 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Based on empirical research consisting of a detailed set of interviews conducted with a representative sample of participants in the theatre field

Notă biografică

Luke McDonagh is Assistant Professor in the Law Department at the London School of Economics and Political Science.

Cuprins

1. Introduction - Copyright and Authorship on Stage The Rationale for this Book Overview of Jurisdictional Limitations and Thematic Scope A Theoretical Approach to Law and Authorship Copyright's Cultural Turn Empirical Methodology Using Bourdieu to Frame the Empirical Case Study Overview of Chapters 2. 'The Play's The Thing .' But What's the Play? And Who Owns It? IntroductionAssessing the Relevance of Literary Theory and Theatre Studies on Legal Issues of Authorship Tracing the Influence of Law on Theatre and Theatre on Law: The Role of the Inns of Court and the Impact of the Stationers' Company in the Elizabethan and Jacobean Eras (1558-1625) Law and Theatre: Assessing the Theatrical Text and Authorship During the Elizabethan and Jacobean Eras (1558-1625) Ownership of Plays in the Elizabethan and Jacobean Eras (1558-1625) Theatrical Collaboration as Polyvocal Authorship in the Elizabethan and Jacobean Eras (1558-1625) An Unstable Text in the Elizabethan and Jacobean Eras (1558-1625) A Case Study on Authorial and Textual Instability - Thomas Kyd and The Spanish Tragedy 1594-1613 The Publication of Shakespeare's First Folio (1623) and the Beginning of his Acclamation as the English Author-Figure Par Excellence Was Ben Jonson the First Self-conscious 'Author' in English Theatre?How Reconceptualising Anonymity Influenced Authorship During the Seventeenth Century Censorship of Theatre Texts in the Sixteenth and Seventeenth Centuries Material Matters - Printing, 'Piracy' and 'Blocking' in the Pre-Statutory Copyright Era 1557-1709 The Changing Nature of Theatre and the Playwright's Status, Post-Restoration (1660-1709) The Statute of Anne 1710 and the Recognition of Authors as Owners Changes to Theatrical Culture Post-Statute of Anne 1710 Defining the Boundaries of Copyright Protection under the Statute of Anne 1710 The Changing Appreciation of What Copyright Protected 1710-1832 - From the Print-commodity to thePerformance-commodity The Reforms Brought About by the 1833 Act and 1842 Act - The Right to Perform a 'Dramatic Piece' The Problem of Dramatisations Post-1833 Authorship and Joint Authorship Under the 1833 Act and 1842 Acts What Were the Boundaries of the 'Dramatic Piece' 1833-1911? US Comparison under the 1856 US Copyright Act International Copyright: The Berne Convention 1886 The Imperial Copyright Act 1911 Conclusion 3. Copyright Law and Performing Authorship in Theatre - Exploring the Contrasting Roles of the Playwright, Director and Performers IntroductionUnderstanding the Work in Modern Copyright Law Original Dramatic Works under the Copyright, Designs and Patents Act (CDPA) 1988 Original Musical Works Original Literary Works Original Works in EU Copyright Law - Assessing the 'Dematerialised' Work of Originality Original Works - Comparative Insights Summary of the UK Position on Originality of Dramatic Works Authorship and Ownership of the Economic Rights Overview of Joint Authorship Joint Authorship of Dramatic Works in the UK Joint Authorship of Musical Works in the UK Joint Authorship - Comparative Insights Beyond the Individual - Exploring Theatrical Authorship as a Social Practice Evaluating the Original Dramatic Work as Theatrical Text - 'Fully Formed' or 'Devised/Revised'? Joint Authorship: How Do Dramatic Works Get Created Via the Workshop Process? The Role of the Writer The Role of the Director The Role of the Actors (Performers) The Final 'Transcendent' Work Is the 'Workshopped' Play a Work of Joint Authorship? The Importance of Contracts Assessing the Legal Problems that can Arise from Sharing Ownership Conclusion 4. When Does Copyright Infringement Occur on 'The Haunted Stage'? IntroductionClaims of Plagiarism and Infringement in Theatre in Historical Perspective 1709-1911 Infringement of Copyright under the 1911 Act and the 1956 Act Infringement of Copyright under the CDPA 1988 How Much (or How Little) Needs to be Copied? The Meaning of 'Substantial Part' Assessing the Copying of Plots and Characters in Light of the Idea/Expression Dichotomy New Adaptations of Public Domain Works Comparative InsightsHow Prevalent are Disputes in the UK Theatre Field? Empirical Insights The Defence of Fair Dealing under the CDPA The Purposes of Criticism or Review, Quotation and Parody in the CDPA Assessing the Fairness of the Dealing under the CDPA Comparative InsightsExploring the Possibility of Incorporating an Open 'Fair Use' Standard in the UK Conclusion 5. Copyright's Role in Enforcing Credit and Control in Theatre IntroductionMoral Rights and Dramatic Works The Attribution Right The Integrity Right Investigating the 'Integrity-based Objection' in the Context of Theatre Godot (France) Heretic (Australia) Clybourne Park (Germany) The Playboy of the Western World (Ireland) Summary of Comparative Insights Analysing the 'Aura' of the Work of Drama Evaluating the 'Trajectory' of the Work of Drama The Link between the Play's Trajectory and the Public Domain How Prevalent are Integrity-based Objections in Theatre Practice?What to do about Beckett? Views from the Field Examining the Play's Trajectory - What Makes King Lear Different from Waiting for Godot? Conclusion 6. How Should Law Respond to the Challenges of the Theatrical Context? How Should Theatre Respond to Law? IntroductionThe History of Authorship of Plays and the Shifting Property Boundaries of Ownership - The Text as Commodity Copyright Law, Authorship and Joint Authorship of Plays in the Contemporary Theatre Field Copyright Infringement - A Rare Occurrence in the Contemporary Theatre Field? Copyright and Moral Rights in the Theatre Field - The Issue of Integrity Looms Large Conclusion

Recenzii

This is a well-researched book, providing arguments from both theoretical and empirical perspectives . the book's approach to copyright and authorship generally, would appeal to all copyright professionals and particularly to theatre practitioners and scholars. The book is unreservedly recommended.
This book will appeal to readers interested in copyright and theatre specifically, but also those with interests in copyright, creativity and joint-authorship.
This book has the potential to do something: to provoke change. Perhaps its greatest strength is in putting lawyers, practitioners, and scholars in conversation with each other.
Performing Copyright fills a gap in academic scholarship pertaining to theatre and the law . [the book] does an insightful job of exploring the evolution of normative theatre practices in tandem with the substantive law governing the protection and exclusivity of dramatic performances as works . I recommend this book for academic, courthouse, and public law libraries, as well as law firm libraries that serve entertainment law practice groups. It will resonate with intellectual property lawyers, academics, and librarians interested in nuanced applications of intellectual property rights in both conventional and non-conventional contexts.