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The Washington Senators became the Pittsburgh Pirates in the Manatee Players production of Damn Yankees.
Copyright law requires permission before touching a script here’s how to make it work
It’s not uncommon for directors to regard the script as a starting point—allowing for changes that may be needed to make the show work in their theatre, with their actors and their audience. They might consider cutting lines, changing the gender or name of a character, resetting the play in a different locale or time period, or removing objectionable language.
With Shakespeare, Molière or Ibsen, there’s no problem—their works are in the public domain. However, if the play is protected by copyright, none of those changes are allowed without prior written permission from the author or the author’s representative (usually the publisher or licensing organization).
Some playwrights absolutely refuse any changes to their scripts. However, many others are at least willing to consider the possibility—if you go about it the right way.
A Loss for Words
Copyright law stems from the basic concept that authors have the right to demand that their work be presented as written and intended. Ignoring the law can place a theatre company in peril.
In 2003, a dinner theatre in Utah was about to open a production of Neil Simon’s Rumors. But when all profanity was removed from dialog during rehearsals, a disgruntled cast member notified Samuel French Inc., which licenses the play on behalf of Simon. After being informed by Simon’s attorney that they must do the play as written or not at all, the theatre decided to cancel the production rather than go against “community standards.” The closure cost the company about $20,000, leaving them with no working capital to continue operation.
A 1996 production of Steel Magnolias in Memphis was imperiled when a male was cast in the role of the hairdresser Truvy. Dramatists Play Service, which licenses the show on behalf of playwright Robert Harling, ordered the executive producer to recast the role with a woman, or lose the rights to stage the play.
‘‘I firmly believe in and support everyone’s right to freedom of artistic expression,” Harling told the New York Times. “Steel Magnolias is my artistic expression and it is my right to insist that its female characters be portrayed by women. The concept of a play set in a beauty parlor where men portray women is a terrific idea,” he added. “If that is someone’s artistic expression, I encourage them to write their own play as soon as possible.’’
While many directors would argue for their artistic freedom, the language in licensing contracts is clear—no changes without prior permission.
It should be noted that if any of the productions above had gone into performance with unauthorized changes, financial penalties could have been levied against the director or producer who decided to change the work, as well as the entire production staff, cast and crew—even the owner of the building—whether or not they knew they were part of a willful violation of the law.
Ask and You May Receive
While some playwrights generally refuse any script changes, others are more accommodating. In fact, most publisher/agents we spoke with said they urge directors to contact them early on in production planning if they are considering script changes, because there may be an accommodation. “Always ask,” one said. “It never hurts to ask.”
The first step is to telephone or write the publisher/agent who licenses the play, making your requests as specific as possible. Don’t write and ask to “cut a little bit” out of act one, or “change a few lines in the tavern scene.” Specify words, lines and pages.
That worked for Evergeen Productions in Green Bay, Wisconsin. “A few years ago we wanted to make changes to Peter Pan and Wendy, licensed through Playscripts,” says Evergreen’s Gretchen Mattingly. “We were very specific about what we were cutting—referencing characters, lines and page numbers—and none affected the story line. Playscripts contacted the playwright—Doug Rand—and got approval from him before rehearsals started.”
Rand is one of many contemporary playwrights who are open to certain creative changes in their work—as long as permission is asked in advance. In October 2010, he visited Milwaukee’s First Stage Children’s Theater, which was doing Peter Pan and Wendy and had added a couple of Lost Boys. “I liked having more,” he told the cast. “And their names—Pockets and Bumbershoot—are great!”
And when the Curtain Call theatre in Stamford, Connecticut, was preparing a production of Nunsense two years ago, Executive Director Lou Ursone found the idea of a Nunsmoke slideshow as a parody of Gunsmoke outdated. “My idea was to change it to a Project Nunway video,” he explains. “I wrote author Dan Goggin for his approval and he very graciously agreed—and enjoyed the finished result.”
Even when the authors are no longer living, accommodations can be made in some cases. For example, Rick Kerby of Manatee Players, in Bradenton Florida, contacted Music Theatre International for a change to the classic baseball musical, Damn Yankees.
“Bradenton is the winter home of the Pittsburgh Pirates,” he notes, “and we received permission to change the show’s underdog team from the Washington Senators to the Pirates. This set up a very nice sponsorship from the team—they even gave us uniforms to use and sent over their mascot for pre-show activities.”
Who’s Telling?
You may be thinking, “But people get away with unauthorized changes all the time.”
That’s certainly true, but a surprising number do not. One reason is that royalty houses have people on the payroll who peruse theatre listings, articles and websites for glaring instances.
But a large number of violations are reported by a member of the cast or crew—as was the case with the Utah production of Neil Simon’s Rumors—or someone from a rival theatre company, or simply someone who feels morally obligated to report the situation.
“I have received two calls from publishing houses with a question about our performance,” notes John Davis of the Evergreen Players, a small company in Colorado. Both ended positively for the theatre company.
The first call was prompted by a report that the director had added an additional cast member and additional language.
“I explained that while we did indeed have two people playing the small part, they were never on stage at the same time and no language was added,” Davis says. “That satisfied the publisher. Later, we found out that the call had been prompted by a report from a disgruntled cast member who had been let go.”
His other call was about male cast members playing the female roles and vice versa. This unwitting violation was called to Davis’s attention after the production had closed. Fortunately, because of the good working relationship between the theatre and licensing organization, no fines were levied after the theatre apologized for their error and promised not to make the same mistake again.
“In both cases,” Davis notes, “the publishing houses were extremely courteous and helpful.”
A Final Thought
Script changes mean, in essence, rewriting the author’s work and he or she might very well respond with, “Don’t put on a play that purports to be the one I wrote, when it isn’t.”
Penalties aside, then, the bottom line is supporting the artistic vision of the author. That’s how Lou Ursone of Connecticut’s Curtain Call sees it.
“We present what is written. We don’t change ‘foul’ language, we don’t eliminate nudity. We honor the authors we choose to produce.”
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