How Do You Solve a Problem Like Artistic Freedom in the American Theatre?: A Plea for Denying Copyright Protection to Staging Requirements

Authors

Michael Ecker, Benjamin N. Cardozo School of Law

Abstract

The note argues that extending copyright protection to theatrical stage directions would severely threaten the collaborative nature of American theater, stifling creativity and inclusivity. It contends that stage directions, as a unique aspect of dramatic works, should not be eligible for copyright protection under the Copyright Act of 1976, particularly due to the merger doctrine, which denies protection when ideas and their expression are inseparable. The note emphasizes the importance of preserving theater as a collaborative and interpretive art form, where the interplay between playwrights, directors, and performers is essential to its vitality.

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Law

Recommended Citation

Michael Ecker, How Do You Solve a Problem Like Artistic Freedom in the American Theatre?: A Plea for Denying Copyright Protection to Staging Requirements, 43 Cardozo Arts & Ent. L.J. 371 (2025).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol43/iss2/5