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Theater Law Overview

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Box Office

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The place in a theater where tickets are sold. Legally, it's important for tracking sales, taxes, and gross potential for a show, and ensuring compliance with venue contracts and ticketing laws.

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Ghost Light

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A single bulb left burning on stage when a theater is unoccupied. From a legal perspective, it acts as a safety feature to prevent accidents and potential liability when a theater is otherwise dark.

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Understudy

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An actor who learns another actor's role and is able to replace them if necessary. Legally, understudies have contracts that define their rights, responsibilities, and compensation.

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Work-for-Hire Agreement

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A contract where a person or company commissions a work that is created by an artist, writer, or another party, which the commissioner then owns. Relevant in theater for bespoke compositions or scripts.

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Grand Rights

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Performance rights that are required when a dramatic work such as a musical or opera is performed. These are distinct from 'small rights' or 'performance rights' for nondramatic works and are typically licensed by the copyright holders or their agents.

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Profit Participation

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An arrangement where individuals such as directors, actors, or writers receive a share of the profits from a theater production. These terms are usually negotiated and outlined in individual contracts.

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Public Performance License

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A license that grants the right to perform copyrighted works (plays, music, etc.) publicly. In theater, this is mandatory for staging any copyrighted work.

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Blocking

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The precise staging and movement of actors on stage during a performance. In terms of theater law, it may be subject to copyright if it is original and part of a choreographed piece.

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Royalty Payments

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Fees paid to the copyright owner for the right to use their intellectual property, such as a play or musical composition, in a theater production. The amount is often negotiated and stipulated in the licensing agreements.

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Stage Manager

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The individual responsible for overseeing the technical aspects of a theater production and ensuring that everything runs smoothly during performances. In legal terms, serves as a key communicator of safety regulations and contract execution.

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Fair Use Doctrine

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A legal principle that allows limited use of copyrighted material without needing to seek permission, especially for purposes such as criticism, commentary, education, or news reporting. In theater, it can sometimes justify the use of copyrighted material in a critical review or educational performance.

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Breakdown Services

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A casting service used by producers and casting directors to find actors for various roles in a production. Legally, it needs to adhere to non-discrimination policies and employment laws.

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Merchandising Rights

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The rights to produce and sell merchandise based on a production, such as show programs, t-shirts, and original cast recordings. These rights are typically defined and negotiated in licensing agreements.

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Mechanical License

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A license that grants the rights to record and distribute a musical composition on CDs, DVDs, or digital formats. Relevant for theater productions when creating cast recordings or other promotional materials.

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Dramaturg

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An individual often responsible for research and development of plays, ensuring the accuracy of the textual and staging aspects of a theater production. In theater law, this role may also involve ensuring that all necessary rights and clearances are obtained for the use of any intellectual property within the production.

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Production Contract

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A legally binding agreement between the producers and the creative team, cast, crew, and other personnel involved in a theater production. It defines the roles, responsibilities, compensation, and rights of each party.

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Intellectual Property

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Legal rights that result from intellectual activity in the industrial, scientific, literary, and artistic fields. In theater, it includes scripts, musical scores, and choreography, and is protected by copyright law to prevent unauthorized use.

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Equity Waiver

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An agreement that allows members of the Actors' Equity Association to work in smaller theaters without the normal contractual requirements. It's designed to promote the growth of small-scale theater.

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Cue Sheet

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A document used in theater productions that outlines the timing and sequence of technical events, such as lighting, sound, and scene changes. Cue sheets are important for ensuring legal compliance with royalty agreements and for orchestrating the technical aspects of a production.

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Option Agreement

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A contract in which a playwright gives a theater producer the exclusive right to consider a script for production. The producer usually pays for this right, which is typically limited by time.

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