by 99 Seats
I find copyright/copyleft issues kinda endlessly fascinating, so I was pretty psyched to read to Isaac's HowlRound piece on it. You should definitely check it out; it's a great, comprehensive overview of the issues, a great starting place to kick off the important part: what does this have to do with theatre?
At first glance, there isn't a lot of overlap, in strict terms of production and development. The copyright to plays are held by playwrights, rarely, if ever, by theatres or corporations. Plays are generated by original ideas (or sometimes adaptations). Our copyright issues, in terms of generation, are pretty cut and dried. There are, though, special cases where we bump up against the thorn bush that is modern copyright. Isaac mentions one, Elevator Repair Service's production of Gatz, using The Great Gatsby as its text. Another, from a few years back, was the play Dog Sees God, which uses thinly veiled Peanuts characters. "Thinly veiled," of course, to fend off copyright infringement claims from UPI and the estate of Charles Schulz.
Some theatre practitioners, such as Chuck Mee, Caryl Churchill and Mike Daisey, have touched on open access for their work (though Mee is different from the others; I'll talk more about him in a second) and made their work available via the web and encouraged not just unlicensed performances (Suzan-Lori Parks has done that as well), but for revision and alteration. Because, of course, one way that copyright does affect theatre is in terms of licensing. This is often tightly controlled to maximize profit, just as it works in the world of corporate entertainment. Loosening this understanding would have an obvious benefit to theatre as a practice, allowing productions to happen wherever. Obviously, though, that benefit comes at a distinct drawback for playwrights, since someone else would be getting rich off of our work while we got nothing (how exactly this is different from a fair amount of theatre, in practice, is another matter for another day).
When I think about copyright issues, though, I think we're talking about two, different, but parallel issues, one concrete, the other philosophical. There are laws and precedents and legal ramifications of the conversation and of advocating a move towards greater open access to works of art. But underneath, I see a conversation about the nature of creation and collaboration. In my view, theatre is always a collaborative process. But we exist in a culture that generally recognizes only one creator. I've been fairly busy of late, rehearsing a lot, usually under the gun. My actors, hard-working, unpaid, awesome souls that they all are, ask me often about how I feel about paraphrasing. I've been using the same line, "Say what I wrote. Unless you say something funnier. In that case, say that. And I'll take credit for it." Which is true. I will. And we say that's okay. If an actor mis-speaks or mis-remembers a line and makes it better, I'm going to rewrite my play to use that. Why the hell not? But then I become the sole owner of that line. Or if there's a great bit of physical comedy and I put that in the stage directions. This is how we work. I always get frustrated when I hear actors talk about not being "generative" artists, because they are. They just don't get credit for being such. I think copyright/left issues can be a door to that discussion, to digging into how we think about creation.
They can also open up our minds in other ways. I've long admired Chuck Mee's (re) making project. Chuck has posted full texts of most, if not all, of his work online, with the following directive:
Please feel free to take the plays from this website and use them freely as a resource for your own work: that is to say, don't just make some cuts or rewrite a few passages or re-arrange them or put in a few texts that you like better, but pillage the plays as I have pillaged the structures and contents of the plays of Euripides and Brecht and stuff out of Soap Opera Digest and the evening news and the internet, and build your own, entirely new, piece--and then, please, put your own name to the work that results.
This is how current copyright laws and current creative thinking cuts off a whole layer of innovation from playwrights. Imagine if all the works of Beckett or O'Neill or Williams were similarly available to work from, to mix-and-match, to mash-up, to shake up. It takes nothing away from the original, but it allows for the possibility to truly discover something new. Remix culture is more than about coasting on someone else's creation, but working, in dialogue, both with the audience and with the original work to say something, to create a wholly new piece of art. Without that option, I do think art will stagnant. One of the oldest saws of writing is that there are only seven stories in the world. Having to start from scratch each time, you're going to wear 'em out.
As we look to the future, to the next waves of playwriting and theatremaking, to finding new audiences and conversations, it does us well to explore all of the options. Particularly the options that were a part of theatre for centuries.
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