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Script Changes & More

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Image of people looking over a contract

Most published scripts are represented by a licensing agent (Music Theatre International, Concord Theatricals, Dramatic Publishing, etc.), who acts on behalf of the copyright holder—most often the author or, if they are no longer liviing, their estate.  

When you apply for rights to produce a play or musical, in addition to the royalty quote, the agencies will give you a license agreement. If you decide to produce the show, you must sign and return the agreement, together with your payment for the guaranteed royalties, well before your first performance before an audience.

Your signed agreement becomes your contract with the agent, on behalf of the author(s).  

Below is an explanationi of the process, and what you as a producing theatre are required to do--and not allowed to do.  

 

Licensing Agreements

Licensing agreements are pretty much the same with any licensing agent. The agreement states the agent is giving you a revocable license to present the show on the dates and for the number of performances you have requested. In return, you agree to certain requirements:

  • You must pay the quoted royalties, typically due well in advance of your first performance. 
  • You must give proper authorship credit on all your programs, advertising, publicity, posters, etc.
  • You are not allowed to make changes to the script. You must present the play exactly as written. 
  • You are not allowed to make audio or video recordings.
  • You must perform the show for only the number of performances for which you are being granted permission and for which you have paid royalties.  If you wish to extend, agents are happy to help you, since it means more royalties to· the author and more commissions to the agents. (Make sure you put in your request in time for them to send you an amended application.)
  • You must give due credit to the licensing agent in your advertising, programs, and so forth. This is satisfied by including the line «Presented by special arrangement with and materials furnished by XYZ Inc."
  • You may not sell merchandise tie-ins to the show without the permission of the agents-and payment of royalties thereon. Many agents have properly licensed products available for their shows.
     

UNAUTHORIZED CHANGES

Sometimes directors attempt to create their own personal version of the script. They rearrange, cut, or rewrite dialogue. They may omit entire scenes, change characters' names or gender, or alter the script's stated locations or time period. This is not permitted by law. 

Any unauthorized changes in the script violate the author's copyright and place the producing theatre in breach of its contract to present the show in question The licensing agreement your theatre signs is a legally binding contract between your company and the agent.

The penalties can be serious:

  • The producing theatre will receive a cease-and-desist letter, either from the playwright's attorney or from the attorney for the licensing agent. This means the theatre company must immediately restore the show to the production materials provided by the agent. If the theatre ignores this letter, the agent will revoke its license and shut down the show.
  • A monetary fine on the theater may also be issued. 
  • The playwright may have a case for copyright infringement.  (For more on this, see:  Don't Change The Words on the Dramatists Guild website.) 
  • The licensing agent may refuse to license any more plays from its catalog to the theatre company.

 

CHANGE REQUESTS

Changes to the script may be possible in some cases, but you must ask permission.

If you wish to make changes, prepare a specific, detailed proposal, outlining exactly what changes you wish to make. Support your proposed changes with solid reasons. (Don't criticize the play or the author.) Submit your proposal, in writing, to the agent, who will respond, based on the wishes of the author or their estate.

Give yourself plenty of time before your show opens. It may take months to receive a response. 

In fact, the best time to submit your change proposal is with your request for availability of rights and royalty quotes, months before you actually intend to present the show.

When you receive the licensing agent's response, you are legally (and ethically) bound to honor it. If the playwright (or their agent) says "no," that means "no." They don't have to give you a reason. In that case, choose another play.

If you don't receive a response and you are nearing production time, follow up on your request with the agent. However, if you still don't receive a response, take that as a "no."

Important: You cannot go ahead and change the script simply because the playwright or agent has not responded.