Copyright in a Dramatic Work

Copyright in a Dramatic Work.
1.

Great Britain

. By the beginning of the 19th century, the right of the dramatist (as of other writers) to prevent for a limited period of time the making of copies of his work by unauthorized persons had been established by various Acts of Parliament. The Dramatic Copyright Act of 1833, commonly known as Bulwer-Lytton's Act, finally gave to the author of ‘any tragedy, comedy, play, opera, farce, or other dramatic entertainment’, again for a limited period only, the sole right to perform it or authorize its performance. In 1842 the Literary Copyright Act consolidated the law relating to the protection of dramatic as well as literary and musical property and brought within the terms of a single statute the two rights so far recognized, ‘copyright’ or the right of ‘multiplying’ copies, and ‘performing right’ or the right of representation. Performances of dramatizations of non-dramatic works were not covered by the Act. It was generally believed, though with no clear legal support, that if a play was published before being performed the ‘performing right’ was lost. This led to the practice, much indulged in by Shaw, for instance, of hiring actors to give a public reading of a manuscript play. These ‘copyright performances’ have often led to considerable confusion in the dating of first performances. Meanwhile the Berne Convention of 1886 had established the International Copyright Union, amended in 1896 and 1908, and it was deemed essential that Great Britain should keep abreast of international developments. This resulted in the Copyright Act of 1911, which for the first time merged the right of multiplying copies and the right of representation in the general term ‘copyright’; and for the first time no formalities were necessary to obtain copyright. This Act remained in force until the Copyright Act of 1956, made necessary by the production of films, records, radio, and television and by the provisions of the 1948 Brussels Convention and the Universal Copyright Convention of 1952.

The 1956 Act covered the reproduction in public of any original dramatic work written by a British subject or other ‘qualified person’, in any form, including adaptations into or from dramatic works. The copyright restrictions apply as much to a substantial part of a work as to the whole. Where there was no verbatim copying, both the plot and the dialogue and working out of the play must be regarded. Proof that a later author had no knowledge of an earlier author's work would be a good defence, however similar the two works might be. The normal period of copyright protection is 50 years from the death of the author, or the last surviving author.

2.

The United States

. American copyright derived initially from a British Act of 1710. The first comprehensive American Act was passed in 1790. During the 19th century various amendments were made, but by the early 20th century the mass of piecemeal copyright legislation and case law had reached the same confused state as in Great Britain, and a report on the position made by the first Recorder of Copyrights in 1903 prepared the way for the Copyright Act of 1909. This provided for two separate terms of copyright: a period of 28 years from publication, followed by a renewal period of a further 28 years. Proceedings for infringement of the copyright in a play cannot be instituted in the United States if the play has not been registered with the Library of Congress.

3.

International Copyright

. The Berne Convention of 1886, amended in 1896, 1908, 1914, 1928, 1948, 1967, and in Paris in 1971, established an International Copyright Union and in 1980 had more than 70 member states. As well as the UK and the Commonwealth and all European countries, it includes among its membership Japan, Mexico, and a number of states in Africa and South America. All adhere to the principle that a national of any member state of the Union enjoys in every other country of the Union the rights and privileges of a national of that country. No registration or other formality is required.

The most prominent absentees from the Union are the USA, the USSR, and China. The first two of these are, however, members of the Universal Copyright Convention of 1952, which has almost as many members as the Berne Union. It requires a minimum period of copyright protection of 25 years from the death of the author. This Convention is supplementary to and not in substitution for the Berne Union, and countries which are members of both Conventions are bound by the latter, which provides more comprehensive protection for a longer period.