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Dr Luke McDonagh

Performing Copyright: Law, Theatre and Authorship

Performing Copyright: Law, Theatre and Authorship

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  • More about Performing Copyright: Law, Theatre and Authorship

This book explores performativity and authorship in the theatre world under copyright law, examining the history of dramatic works, authorship, copyright infringement, moral rights, and the reciprocal influence between law and practice. It proposes a ground-breaking empirical approach to study the implications of copyright law in society and makes a case for the need to consider the reciprocal influence between law and practice.

Format: Paperback / softback
Length: 256 pages
Publication date: 15 December 2022
Publisher: Bloomsbury Publishing PLC


This groundbreaking book delves into the intricate realm of performativity and authorship within the theatre world, shedding light on the complex issues surrounding copyright law. Through extensive empirical research, it addresses a multitude of interconnected questions, including:

Who holds the rightful position as the author and initial owner of a dramatic work?
Who deserves credit and the rights to license the work?
What rights do the performers of the play possess?
Given the inherent nature of theatre as a medium that relies on the re-use of existing works, tropes, themes, and plots, what happens when allegations of copyright infringement arise against a playwright?
Furthermore, who possesses moral rights over the work?

To provide a comprehensive evaluation of these questions within the context of theatre, the book proceeds in two parts. The first part explores the historical evolution of dramatic works, both as written texts and as performative art forms. It delves into legal and theatrical literature, as well as empirical research, to shed light on the complex dynamics of authorship and joint authorship under copyright law.

The second part delves deeper into the realm of copyright infringement in the theatre, highlighting that cases of alleged theatrical infringement occur relatively less frequently compared to cases in the music industry. It examines the reasons behind this disparity, drawing upon empirical research to shed light on the unique challenges and considerations faced by the theatrical realm.

The third part examines the interplay of moral rights of attribution and integrity within the theatre context. It explores how these rights protect the integrity and reputation of the creative work, as well as the rights of the performers and the audience.

In the concluding chapter, the book offers a prescriptive commentary on how law should respond to the challenges posed by the theatrical context, while also encouraging theatre practitioners to engage in meaningful dialogue with legal frameworks

This innovative and thought-provoking book offers a groundbreaking empirical approach to understanding the implications of copyright law in society. It compellingly argues for the importance of considering the reciprocal influence between law and practice, paving the way.


Dimension: 234 x 156 (mm)
ISBN-13: 9781509949168

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