[Copyright] Publication of a Play for purposes of a copyright application

[Jessica R. Friedman]

I doubt that distributing scripts to production personnel would constitute publication. They are still an internal group of people – in-house, if you will. Not the “public.”

Jessica R. Friedman
Attorney at Law
300 East 59 Street, Ste. 2406
New York, NY 10022
Phone: 212-220-0900
Cell: 917-647-1884
E-mail: jrfriedman at litproplaw.com<mailto:jrfriedman at litproplaw.com>
URL: www.literarypropertylaw.com<http://www.literarypropertylaw.com>

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From: Copyright <copyright-bounces at oppedahl-lists.com> on behalf of Elizabeth Russell via Copyright <copyright at oppedahl-lists.com>
Date: Tuesday, June 18, 2024 at 12:57 PM
To: For copyright practitioners. This is not for laypersons to seek legal advice. <copyright at oppedahl-lists.com>
Cc: Elizabeth Russell <beth at erklaw.com>
Subject: Re: [Copyright] Publication of a Play for purposes of a copyright application
What about the distribution of printed scripts to production personnel? The rehearsal hall is at least a semi public place; the personnel are not a social circle; and the distribution is for “the purpose of” public performance.


Elizabeth T Russell
beth at erklaw.com



From: Copyright <copyright-bounces at oppedahl-lists.com> On Behalf Of Nancy Prager via Copyright
Sent: Tuesday, June 18, 2024 12:44 PM
To: for Copyright Practitioners <copyright at oppedahl-lists.com>
Cc: Nancy Prager <nancyprager at yahoo.com>
Subject: [Copyright] Publication of a Play for purposes of a copyright application

Dear colleagues....

A client has a play in production.  The iniital performance date is not the date of publication since public performance is not considered publication.  So what is?

Is a play considered unpublished until someone literally publishes the play (most likely through a licensing arrangement)?

If not, what is considered publication of a play?

I feel like I have dealt with this before and ended up advising the client to file as an unpublished work but that boggles my mind.

Thanks in advance!

best,

Nancy
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