On Originality and Copyright In Theatre

Deepa Punjani

In our times of heavy Internet exposure and the ways in which dramatic/theatrical content is shared and re-shared online, more focused deliberations on a copyright regime that is practical and sustainable, need to be had. But copyright is not a panacea. It may or may not always be important or useful. For example, an artist/creator/producer may find it beneficial to have one of their works copyrighted but not necessarily the next. Factors that would come into play for such a decision would range from the nature of the work, its potential longevity and its relevance over a period of time.

What Does Copyright In Essence Do?

- It recognises intellectual endeavour;

- It offers protection against its misuse;

- It ensures that the artist or the creator has a financial recourse to claim their rightful royalty, and

- It gives legal ownership to the artist/creator.

If a work is copyrighted, it is the duty of its proposed user (in the case of theatre, the producer or the theatre company) to ensure that the right permissions are secured to use the content (which could be written or otherwise – for example, design). It may also well happen that copyrights may be defined by what is permissible and what is not. It could equally happen that there is no copyright to the work borrowed or reproduced from.

Secondly, to make copyright practical and sustainable, which it isn't as far our theatre is concerned, requires a coming together of a dedicated group that can first thrash out what is doable and what is not. A copyright regime, which would involve first the formation of a society, would be far more effective than scattered individuals. It could well be a small society to begin with, or it could find a common platform with artists from the other performing and the visual arts. The performing arts after all do tend to overlap and there are artists that move between various domains of the performing arts, sometimes simultaneously, such as artistes who work in theatre, television and film.

Now with online entertainment platforms like Netflix and Amazon Prime along with YouTube and Instagram, theatre artistes are making their presence felt and are also creating content. What would be eventually useful and helpful to the stakeholders is to realise that their needs are common and they overlap. They can be in a far stronger position to help each other than they would be whilst acting individually.

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