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Update #2: Someone from Broadway Licensing reached out to have a brief discussion today and the wording on their website has already been updated to the following (to correct the potential miscommunication that it was the playwright's requirement):

"Broadway Licensing requires a minimum of X Standard Edition Books to support your licensed production. If you have previously purchased scripts from us please email playscr...@broadwaylicensing.com or call us at (212) 540-9330 so we can verify your previous purchase and provide you with steps to complete your licensing order."

It was a pleasant discussion, and I was able to communicate the desire for clarity in the process so that it was not implied that the playwright, or even necessarily copyright law (depending on the circumstances) was the reason for the requirement. They indicated that their goal was to be as transparent and supportive of their customers as possible, recognizing the importance of educators' often challenging work.

I asked about the possibilities of a teacher re-using scripts from several years back or even buying/borrowing used scripts from somewhere else. They agreed that neither would, necessarily or automatically, be a violation of copyright law. However, there were some factors that would need to be considered. If the original purchase can be found in their system, then they can relatively easily confirm that the customer has an authorized script, but depending on how long ago the purchase was, the author might have come out with an updated script and might no longer wish to license performances of the old version. The company would need to have a way to track and address that for each author / play and that presents operational challenges that they may or may not be able to accommodate. Scripts acquired from a 3rd party, while potentially legal, would provide an even greater challenge for the licensing company to confirm the legitimacy of the scripts etc.

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Guy Barbato

Theatre Teacher/Director

Leonardtown High School

MD

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Original Message Original Message:

Sent: 02-07-2023 08:27

From: Guy Barbato

Subject: Playscripts's Mandatory Script Purchase Policy

Update: I let Playscripts (Broadway Licensing) know that I intended to reach out to the author to discuss the script number/purchase requirement. Their response was:

"As per my last email, the required number of scripts is per author suggestion for average cast and crew size. It is our company's requirement that this number be purchased."

In the meantime, I received a response from the author indicating that the script minimum is not something that they requested as the playwright, nor something they even knew about until my email.

It sounds like Playscripts (Broadway Licensing) asked their authors at some point in time what the average cast/crew size might be for their plays and then implemented their own policy that all new licenses must purchase scripts, regardless of whether or not the school already has scripts.

While this policy would, technically, benefit both Broadway Licensing and the authors, it appears to have been implemented without consulting their authors. Defending the policy as protecting the interests of the author feels - at least to me - to be disingenuous.

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Guy Barbato

Theatre Teacher/Director

Leonardtown High School

MD

Original Message:

Sent: 02-06-2023 09:51

From: Guy Barbato

Subject: Playscripts's Mandatory Script Purchase Policy

Good Morning,

Myself, and a couple of other educators, have recently run into an issue when attempting to license works through Playscripts (now owned by BroadwayLicensing).

I'd like to start by acknowledging the importance of respecting the intellectual property of playwrights, particularly as we teach our students that the playwright is the "primary artist" in the theatrical process. I am also pointedly aware that there is a continuing issue of some directors not purchasing enough scripts and illegally copying them - sometimes blatantly - and sometimes because of a grave misunderstanding of educational exemption (as discussed in other threads on this forum).

For some time, Playscripts has included a recommended minimum number of scripts when licensing works through their site. I recall applauding this use of technology to remind prospective licensees that they must have a script for each individual who needs one and that copying them was not an option. However, there was always a way to a proceed without meeting that minimum in the case of exceptional circumstances. Occasionally, a representative would follow up on such orders to ensure that the circumstances were appropriate. (Again, "Way to go, Playscripts!" Providing excellent customer service AND protecting the interests of our artists etc.)

It appears that this requirement is now a very firm one with no exceptions. The message that appears says "Per Author's suggestion, this play requires the minimum of [insert number] Standard Edition Books" and there is no way to proceed otherwise. The number of scripts I wanted to order was one-per-actor and one for myself, but I was told the minimum number also included a "production team" - which we would not have for this particular show. I ordered the correct number of plays separately and then asked Playscripts how best to proceed with licensing the show. This was their response:

"The minimum number of scripts is compulsory with any new performance license and follows licensing and copyright laws, so playwrights are receiving royalties and payments for their intellectual property each time their work is being performed."

It was also stated that "Currently, [Playscripts does] honor prior script purchases within 12 months, but the required number of scripts is per author suggestion for average cast and crew size. This will be required for each title in the Playscripts catalogue."

I realize that the playwright, as the rights holder, has the right to require certain stipulations before granting permission to perform their intellectual property, which could, theoretically, include a new purchase of a certain number of scripts. However, I am not at all sure that the playwrights involved are even aware of the full extent of this policy, as it is currently being enacted.

A colleague of mine recently experienced a similar issue with a different play. She had paid for a performance and set of scripts several years before and then kept them as part of her classroom library, particularly so that she could license the play again in the future without having to purchase new scripts. This is a fairly standard practice in education which is in line with copyright laws. When we spoke with the author of that play, at the Maryland State Thespian Festival, he had no idea that Playscripts was doing this and was surprised that Playscripts was telling customers it was the author's requirement and not theirs.

There are a number of playwrights who regularly contribute to this forum, and whose experience and insight I value greatly, as an educator. I would very much like to hear from them if this policy is being implemented as intended, from their point of view.

If a teacher buys a set of scripts, takes the time and energy to check them out/in and care for them, houses them in their classroom, and then wants to produce the show again, someday, is it really your intention that new scripts must be purchased? Is it the intention that schools/students be charged for scripts that they don't need to meet an arbitrary minimum number?

Sincerely,

Guy Barbato

Leonardtown High School Theatre Teacher

Treasurer, Maryland Chapter of the Educational Theatre Association

VP of Membership, Maryland Theatre Education Association

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Guy Barbato

Theatre Teacher/Director

Leonardtown High School

MD

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Guy -- many thanks for following through on this issue and thanks to Don for his insights in a previous post. Thanks for clearing up the misconception that it was the playwrights asking for a minimum script purchase.

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