Performing Copyright

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. -- Karnika Bansal, Swinburne University of Technology, Australia * European Intellectual Property Review * This book will appeal to readers interested in copyright and theatre specifically, but also those with interests in copyright, creativity and joint-authorship. -- Hayleigh Bosher * The IPKat * 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. -- Jane Wessel * The New Rambler *

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

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? Introduction Assessing 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 the Performance-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 Introduction Understanding 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'? Introduction Claims 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