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Re: Use of Copyrighted Scripts
by
Hi, Christina. We've never actually rented out any of our scripts yet, but recently we did design some very specific contract riders for both commercial and non-commercial use of our scripts by other organizations. I sent you copies, and I'd be happy to share them with anyone else who might be interested.
Because we are a state institution, we will use a standard Commonwealth of Virginia contract form just to establish that a basic agreement exists between us and the renting organization. Then, we will attach the appropriate contract rider.
Follow-up is a tough issue. I think that a lot of trust has to be involved. My own feeling is that it's fairly impractical to monitor the actions of other institutions. At the same time, the contract itself must be firm, specific, and crafted with a tone that states things in no uncertain manner. Copyright issues are very sensitive these days. Ownership of a quality copyright is like owning a bank account -- there's money in there! Those who would abuse copyright privileges are thieves. If it were me, I would send a friendly but firm letter to the science center that had leased your script for one year in 1997 and inform them that they are violating a copyright. Legally, your institution has a right to pursue payment of royalties for the years that they have used your script without authorization. A judge or jury would also be likely to award punitive damages.
Granted, in the museum community we all want to treat each other well. Misunderstandings occur. There is also a lot of confusion about copyright law. It is truly better to forgive than to immediately take legal action. But, in the face of either a refusal to stop using the script, or of a cavalier response, just be aware that you do have the right to make life difficult for people who do not respect your ownership of material.
I'd also suggest that every institution go through the process of formally registering their copyrighted material with the Library of Congress. Registering your copyrights will make it much easier to protect your material.
Hope this helps!
Regards,
Larry Gard, Artistic Dirfector
Carpenter Science Theatre Company