The Broadway creators' complaints come in the wake of choreographer Brian Loeffler's recent win of a 2006 Joseph Jefferson Award for his work on a production of Urinetown at Chicago's Mercury Theater. The production was nominated for a total of seven Jeff Awards. Loeffler also choreographed a production at the Carousel Dinner Theater in Akron, the other production cited in the Broadway creators' letter.
Copyright protection for elements beyond a show's script and music continue to be an ambiguous area of the law. Two previous high-profile cases involving Broadway productions were summed up in a New York Times piece earlier this year. The first involved a Chicago theater that presented a 1994 production of The Most Happy Fella by director Gary Griffin The Color Purple using rented sets from the late Gerald Gutierrez's 1992 Lincoln Center Theater production. Gutierrez sued, saying the Chicago production used so many details of his work, including rearranged scenes and dialogue, that it amounted to plagiarism. The suit was settled before trial and Gutierrez was paid an undisclosed sum.
The second case involved a 1996 production of Love! Valour! Compassion! in Boca Raton, Florida, that director Joe Mantello claimed copied 95 percent of his original Broadway staging. He asked the director, Michael Hall, and theater to acknowledge his work and pay him a nominal fee. When they refused; he filed a lawsuit. Before trial, the parties settled for $7,000, which Mantello donated to his union. Both Gutierrez and Mantello later copyrighted annotated scripts that recorded in detail their directorial contributions.