On Originality and Copyright In Theatre

Deepa Punjani

There are copyright societies such as The Indian Performing Right Society Limited that is a representative body for owners of music. The Indian Reprographic Rights Organisation is another example of a copyright society that gives licenses for reproduction of literary work. The other advantage of copyright societies is that rights can be more easily enforced when there is organisational backing.

There is also the concept of open source copyright such as Creative Commons but this too operates within the format of what is doable and undoable, what is permissible and what may not be permissible.

Theatre production copyright needs to deal with sets of specific skills and expertise, unless there is a predetermined agreement/arrangement by which the producer is the sole holder of the copyright.

In the case of copyright for a theatre production, the following questions emerge. They are hardly exhaustive.

- Who will own the rights of the production? Will those rights be shared with the writer/s, directors, actors, set designers, light designers, costume designers, musicians or will they lie with the producer alone?

- How will these rights be determined, say, in the case of a director who may have conceptualised the design of the production independently or together with his/her team?

- Who should have more eminence as far as the copyright is concerned? The writer, director, or producer?

- Box sets for example in Marathi and Gujarati commercial theatre are fluidly used between different productions. What should that stage designer, if interested in securing copyright, do in such a case? S/he has to first ask the question: Is the trouble even worth it?

- One of the big elements of a theatre production is music, and it is one of the most abused as well when it comes to copyright law. How is that to be managed?

- Translations and adaptations are common in theatre. There maybe at least 50 different avatars of Manto and Ismat Chugtai playing at any given time. What are the copyright laws for these?

- With increasing use of theatre content online and in video, how can useful modalities be made for a more robust copyright regime that protects the copyright in these circumstances?

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