1.1 Introduction
Copyright is a legal terms used to describe the rights that creators have over their literary or artistic works. Works covered by copyright range from books, music, paintings, sculpture and films (Wipo, 2021). Copyright law serves as the backbone of this protection, offering creators exclusive rights over their original works and safeguarding them from unauthorized use or reproduction. However, the application of copyright law in the realm of theatre is a nuanced and complex area, marked by various considerations and challenges.
As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research questions, Limitation of the study and Definition of terms.
1.2 Background of Study
Theatre, as a rich tapestry of human expression, has evolved over centuries, reflecting diverse cultures, narratives, and forms of artistic innovation. Within this dynamic landscape, copyright law plays a crucial role in safeguarding the rights of creators and fostering a conducive environment for artistic exploration and commercial viability.
The history of copyright law traces back to the Statute of Anne in 1710, which marked the first legislation to recognize the rights of authors and publishers. Over time, copyright laws have evolved to encompass various forms of creative works, including literary works, musical compositions, and dramatic performances. in the context of theatre, the application of copyright law extends to playwrights, composers, lyricists, directors, choreographers, and performers, each contributing to the collective creation of a theatrical production.
Theatre productions, whether plays, musicals, or experimental performances, are complex collaborative endeavors, often involving multiple layers of creative input. From the initial conception of a script to its staging and eventual performance, numerous legal considerations come into play, including licensing agreements, rights clearances, and intellectual property protection. Moreover, the digital revolution has transformed the landscape of theatrical distribution and consumption, introducing new challenges and opportunities for copyright law. The proliferation of online platforms, streaming services, and social media has expanded the reach of theatrical works but also raised concerns about piracy, unauthorized adaptations, and the fair compensation of creators.
Copyright holders are trying to create micro-licensing models. More than two dozen major media companies, including the Associated Press, McClatchy, Hearst and the New York Times, launched News Right and are now under the umbrella of Moreover (Aufderheide, 2012). The service offers both licensing and analytics and, with its increased licensing efficiency, could be useful both to those who do not wish to make their own fair use determination and to those whose uses would exceed fair use (Moreover, 2013). Such services do not, of course, address situations in which a licensor might refuse to license.
Law and theatre complement each other in the people’s quest for meaningful co-existence. Both disciplines share same goal which is the perpetuation of a well cultured society in which every member seeks to maintain the norms and values by which the society is identified. To this end the essence of knowing the law is for theatre artiste to know his right and the bounds within which he can operate in order not to infringe in another person’s right and also to know when his right has been infringed upon. Knowing the law also makes theatre artiste know the choice to make to protect his right and what remedy to seek when any wrong has been occasioned against him.
1.3 Statement of Problems
Investigation revealed that the process of adapting existing works for the stage often raises questions regarding the extent of copyright protection and the scope of derivative works. Uncertainty surrounding adaptation rights can lead to disputes between rights holders, inhibiting the creative potential of theatrical productions.
Additionally, the rise of online platforms and digital technologies has facilitated the unauthorized reproduction and distribution of theatrical works, posing significant challenges to copyright enforcement. Addressing digital piracy is crucial for protecting the economic interests of creators and maintaining the integrity of theatrical works.
Furthermore, theatre productions often involve collaborations between artists, producers, and organizations from different countries, leading to complex jurisdictional issues and variations in copyright laws. Achieving harmonization and mutual recognition of copyright protection across borders is essential for facilitating global cultural exchange and collaboration.
1.4 Aim and Objectives of Study
The aim of this study is to investigate the complex relationship between theatre and copyright law, with a focus on understanding the challenges, implications, and opportunities arising at their intersection. In achieving this aim, the following specific objectives were laid out as follows:
- To review the remedies of copyright infringement;
- To checkmate plagiarism in theatre practice;
- To critically examine the law of copyright;
- To examine the consequences on defaulters; and
- To determine the effect of the copyright law.
1.5 Research Questions
The study came up with research questions so as to be able to ascertain the above stated objectives. The specific research questions for the study are stated below as follows:
- What are the remedies of copyright infringement?
- What do you understand about law of copyright?
- What are the consequences on defaulters?
- What is the effect of the copyright law?
- How can plagiarism be assessed in theatre practice?
1.6 Significance of Study
This research study is an in-exhaustive one and it is significant to Nigeria citizens especially theatre artiste because it tends to create awareness of the copyright law, what it entails and the punishable measures meted on defaulters. Furthermore, it equally serves as a source of research to other scholars who may want to delve into the same area of study.
1.7 Rationale for the Study
The law and theatre are synonymous in relation to their functions. The law is meant to be executed on defaulting members of the society while theatre mirrors the society. Both are concerned with the socio-political life of the people.
It is paramount for theatre artiste and every citizen to note the extent of his right as well as where others begin. Several researches have been done in theatre but not much attention has been given to its law. Hence this study seeks to fill the gap.
1.8 Scope of Study
The scope of this research covers three areas of the law that directly affect the practice of theatre arts. The two areas of the law are; copyright law, piracy and plagiarism. This research study discusses copyright in all its encompassment and it also covers plagiarism.
1.9 Methodology of the Study
In this research work, the literary methodology which is also known as analytical method is exclusively used. This is because most of the findings are from printed materials, textbooks, journals etcetera. In addition the historical methodology is used to tell the history of copyright, also documented in printed materials.
1.10 Definition of Terms
Copyright: Copyright is a legal concept that grants creators exclusive rights to their original works, such as plays, scripts, musical compositions, and performances. These rights include the right to reproduce, distribute, perform, and display the work.
Original Work: An original work refers to any creative expression that is independently created by its author and possesses some degree of creativity. in the context of theatre, original works can include plays, screenplays, choreography, and musical compositions.
Public Performance: It involves the presentation of a copyrighted work to an audience, whether in person or through broadcast or digital transmission. The right to publicly perform a work is one of the exclusive rights granted to copyright holders.
Derivative Work:
A derivative work is a new work that is based on or derived from one or more preexisting works. In theatre, adaptations, translations, and dramatizations of existing works are examples of derivative works.
Fair Use:
Fair use is a doctrine in copyright law that allows for the limited use of copyrighted material without permission from the copyright owner under certain circumstances, such as for purposes of criticism, commentary, news reporting, teaching, scholarship, or research. Determining whether a particular use qualifies as fair use involves considering factors such as the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the potential market for the original work.
Performance Rights:
Performance rights refer to the rights granted to individuals or organizations to publicly perform a copyrighted work. These rights may be managed by performing rights organizations (PROs) such as ASCAP, BMI, and SESAC, which collect royalties on behalf of copyright holders and distribute them to composers, lyricists, and publishers.
License:
A license is a legal agreement that grants permission to use a copyrighted work in certain ways, subject to specified terms and conditions. Theatre companies often obtain licenses from copyright owners to produce and perform plays, musicals, and other dramatic works.
Public Domain:
Public domain refers to works that are not protected by copyright and are therefore free for anyone to use without permission. Works may enter the public domain if their copyright has expired, if they were never eligible for copyright protection, or if their creators have explicitly waived their copyright rights.
Work for Hire:
A work for hire is a work created by an employee within the scope of their employment or a work specially ordered or commissioned for use, such as a play written for a theatre company. in the case of a work for hire, the employer or commissioning party is considered the legal author and copyright owner of the work.
