It turns out that you, in fact, can’t take it with you — unless the publisher grants you the rights.
The Todd Beamer High School drama program canceled its scheduled performance this past weekend of the classic play “You Can’t Take It With You” after a mix-up with the licensing rights.
The school attempted to purchase the rights from the publisher, Dramatists Play Service, to produce the show back in November. The publisher apparently did not respond, even after a follow-up attempt. The shows were canceled after the school discovered that “You Can’t Take It With You” would premier on Broadway, said district spokeswoman Diane Turner.
“I guess there’s a copyright issue in terms of whether it’s on Broadway and in production,” Turner said.
However, the Broadway production of “Can’t” has been pushed back to spring. It was supposed to premier on the Great White Way in November.
The exact reason for the cancellation is unclear. Broadway is some 2,500 miles from Federal Way and the production would not have occurred during the professional staging of the play. A high school in Potsdam, N.Y., (about eight hours north of Broadway) staged “Can’t” this past weekend, the same time Beamer’s production would have run.
Beamer drama advisers Chris Gall and Michele Pentecost did not return requests for comment. Beamer principal Randy Kaczor forwarded a note by Pentecost that said, “the decision to cancel the performance came from information regarding the rights to the production.” The note goes on to quote from a website that warns of the dangers of copyright infringement, which could include hefty fines for everyone from the school board down to the stagehands.
Neither Dramatists Play Service nor Sam Rudy, the spokesman for the Broadway version of “Can’t,” returned requests for comment.
According to the New York Times, the Broadway version of “Can’t” was pushed back to spring because a pre-Broadway run in Boston did not get off the ground. Then, director Anna D. Shapiro took on other projects.
Alan Bryce, managing artistic director at the Centerstage Theatre in Federal Way, said that if a professional company were coming through the area with “Can’t,” Beamer might be barred from performing the play. Commonly, a professional theater will purchase the rights with the stipulation that no one else can perform the work within a certain distance, to prevent the plays from competing.
Bryce said he did not think a production of “Can’t” in New York City would stop Beamer from staging the play.
“It’s either a tour coming around, or a clerical error,” he said, adding that he’s found that persistence is the best way to overcome problems while producing a play.
Bryce said that he wanted to stage the musical “Tommy,” but stopped after he learned that a theater in Tacoma was planning the same show. From a producer’s standpoint, he said, it makes sense to ensure that no other company is performing the work. A producer may invest a lot of money in a play, and competition — no matter the size — could potentially draw off ticket buyers. In the case of “Tommy,” it was simply professional courtesy.
High schools wishing to perform copyrighted works must buy the rights from the publisher, or risk legal action. Dramatists Play Service is one of largest publishers out there; production licenses can be bought through the publisher’s website.
Even if the play is shown to the public free or for a minimal charge, the rights still must be bought. Public or nonprofit schools are allowed to perform plays in a class, only for students in the class, without buying the copyright.
Some plays fall within the public domain, meaning they can be performed without buying a license. Everything written by William Shakespeare, for example, is in the public domain.
“Can’t” was written by playwrights George S. Kaufman and Moss Hart and premiered on Broadway in 1936. It went on to win the Pulitzer Prize in 1937. It’s considered a template for most modern television sitcoms, and is about the clash of two temperamentally — emphasis on “mentally” — opposed families who meet when their children fall in love. “Can’t” is a comedy, but deals with pertinent topics like government intrusion and the perceived threat of terrorism.