The copyright performance of a play was a first public performance in the United Kingdom, staged purely for the purpose of securing the author's copyright over the text. There was a fear that, if a play's text was published, or a rival production staged, before its official preview or premiere, then the author's rights would be lost; to forestall these abuses, the practice arose of staging a copyright performance, which was notionally public, but in practice staged hastily before an invited audience with no publicity and no regard for the artistic quality of the acting or production. [1] [2] One legal authority wrote that such a performance, "though probably not necessary to fulfill any legal requirement, permits registration of first performance at Stationers' Hall and gives useful public notice to possible infringers." [3] The practice was common in the decades after the Berne Convention of 1886; the United States was not a signatory, and plays first staged there were ineligible for copyright in the United Kingdom. [4]
George Bernard Shaw's The Philanderer had a copyright performance hastily arranged in 1898 just before its publication in Plays Pleasant and Unpleasant. The play's more controversial scenes were cut from the performance to secure the approval required from the Lord Chamberlain, but restored in the printed version. Many less commercially viable plays were never performed other than in a single copyright performance. Novelists sometimes arranged copyright performances of dramatisations of their works; a single 1897 performance of Dracula enabled the widow of Bram Stoker to sue F. W. Murnau in 1922 when his unlicensed cinematic adaptation Nosferatu was shown in Britain. [5]
Copyright performances were rendered unnecessary by the Copyright Act 1911 (1 & 2 Geo. 5. c. 46), which secured the author's rights over unpublished and unperformed works and derivatives. [3]
In legal discourse, an author is the creator of an original work that has been published, whether that work is in written, graphic, or recorded medium. The creation of such a work is an act of authorship. Thus, a sculptor, painter, or composer, is an author of their respective sculptures, paintings, or compositions, even though in common parlance, an author is often thought of as the writer of a book, article, play, or other written work. In the case of a work for hire, the employer or commissioning party is considered the author of the work, even if they did not write or otherwise create the work, but merely instructed another individual to do so.
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom.
The Statute of Anne, also known as the Copyright Act 1709 or the Copyright Act 1710, was an act of the Parliament of Great Britain passed in 1710, which was the first statute to provide for copyright regulated by the government and courts, rather than by private parties.
Musical composition can refer to an original piece or work of music, either vocal or instrumental, the structure of a musical piece or to the process of creating or writing a new piece of music. People who create new compositions are called composers. Composers of primarily songs are usually called songwriters; with songs, the person who writes lyrics for a song is the lyricist. In many cultures, including Western classical music, the act of composing typically includes the creation of music notation, such as a sheet music "score", which is then performed by the composer or by other musicians. In popular music and traditional music, songwriting may involve the creation of a basic outline of the song, called the lead sheet, which sets out the melody, lyrics and chord progression. In classical music, orchestration is typically done by the composer, but in musical theatre and in pop music, songwriters may hire an arranger to do the orchestration. In some cases, a pop or traditional songwriter may not use written notation at all and instead compose the song in their mind and then play, sing or record it from memory. In jazz and popular music, notable sound recordings by influential performers are given the weight that written or printed scores play in classical music.
Entertainment law, also referred to as media law, is legal services provided to the entertainment industry. These services in entertainment law overlap with intellectual property law. Intellectual property has many moving parts that include trademarks, copyright, and the "right of publicity". However, the practice of entertainment law often involves questions of employment law, contract law, torts, labor law, bankruptcy law, immigration, securities law, security interests, agency, right of privacy, defamation, advertising, criminal law, tax law, International law, and insurance law.
A performance rights organisation (PRO), also known as a performing rights society, provides intermediary functions, particularly collection of royalties, between copyright holders and parties who wish to use copyrighted works publicly in locations such as shopping and dining venues. Legal consumer purchase of works, such as buying CDs from a music store, confer private performance rights. PROs usually only collect royalties when use of a work is incidental to an organisation's purpose. Royalties for works essential to an organisation's purpose, such as theaters and radio, are usually negotiated directly with the rights holder. The interest of the organisations varies: many have the sole focus of musical works, while others may also encompass works and authors for audiovisual, drama, literature, or the visual arts.
The history of copyright starts with early privileges and monopolies granted to printers of books. The British Statute of Anne 1710, full title "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned", was the first copyright statute. Initially copyright law only applied to the copying of books. Over time other uses such as translations and derivative works were made subject to copyright and copyright now covers a wide range of works, including maps, performances, paintings, photographs, sound recordings, motion pictures and computer programs.
The Copyright Act of 1790 was the first federal copyright act to be instituted in the United States, though most of the states had passed various legislation securing copyrights in the years immediately following the Revolutionary War. The stated object of the act was the "encouragement of learning," and it achieved this by securing authors the "sole right and liberty of printing, reprinting, publishing and vending" the copies of their "maps, charts, and books" for a term of 14 years, with the right to renew for one additional 14-year term should the copyright holder still be alive.
A work of the United States government is defined by the United States copyright law, as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of the Copyright Act of 1976, such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain.
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921. Current copyright law was established by the Copyright Act of Canada which was first passed in 1921 and substantially amended in 1988, 1997, and 2012. All powers to legislate copyright law are in the jurisdiction of the Parliament of Canada by virtue of section 91(23) of the Constitution Act, 1867.
Sejanus His Fall, a 1603 play by Ben Jonson, is a tragedy about Lucius Aelius Sejanus, the favourite of the Roman emperor Tiberius.
The Spanish Tragedy, or Hieronimo is Mad Again is an Elizabethan tragedy written by Thomas Kyd between 1582 and 1592. Highly popular and influential in its time, The Spanish Tragedy established a new genre in English theatre: the revenge play or revenge tragedy. The play contains several violent murders and personifies Revenge as its own character. The Spanish Tragedy is often considered to be the first mature Elizabethan drama, a claim disputed with Christopher Marlowe's Tamburlaine, and was parodied by many Elizabethan and Jacobean playwrights, including Marlowe, William Shakespeare and Ben Jonson.
A copyright is the legal protection extended to the owner of the rights in an original work. Original work refers to every production in the literary, scientific, and artistic domains. The Intellectual Property Office (IPOPHL) is the leading agency responsible for handling the registration and conflict resolution of intellectual property rights and to enforce the copyright laws. IPOPHL was created by virtue of Republic Act No. 8293 or the Intellectual Property Code of the Philippines which took effect on January 1, 1998, under the presidency of Fidel V. Ramos.
The threshold of originality is a concept in copyright law that is used to assess whether a particular work can be copyrighted. It is used to distinguish works that are sufficiently original to warrant copyright protection from those that are not. In this context, "originality" refers to "coming from someone as the originator/author", rather than "never having occurred or existed before".
Music publishing is the business of creating, producing and distributing printed musical scores, parts, and books in various types of music notation, while ensuring that the composer, songwriter and other creators receive credit and royalties or other payment. This article outlines the early history of the industry.
The Copyright, Designs and Patents Act 1988, also known as the CDPA, is an Act of the Parliament of the United Kingdom that received royal assent on 15 November 1988. It reformulates almost completely the statutory basis of copyright law in the United Kingdom, which had, until then, been governed by the Copyright Act 1956 (c. 74). It also creates an unregistered design right, and contains a number of modifications to the law of the United Kingdom on Registered Designs and patents.
The Copyright Clause describes an enumerated power listed in the United States Constitution.
The public domain (PD) consists of all the creative work to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable. Because no one holds the exclusive rights, anyone can legally use or reference those works without permission.
Music Law refers to legal aspects of the music industry, and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels, music publishers, merchandisers, the live events sector and of course performers and artists.
Theatre in Scotland refers to the history of the performing arts in Scotland, or those written, acted and produced by Scots. Scottish theatre generally falls into the Western theatre tradition, although many performances and plays have investigated other cultural areas. The main influences are from North America, England, Ireland and from Continental Europe. Scotland's theatrical arts were generally linked to the broader traditions of Scottish and English-language literature and to British and Irish theatre, American literature and theatrical artists. As a result of mass migration, both to and from Scotland, in the modern period, Scottish literature has been introduced to a global audience, and has also created an increasingly multicultural Scottish theatre.