[Congressional Record Volume 150, Number 54 (Monday, April 26, 2004)]
[Senate]
[Pages S4377-S4378]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself and Mr. Kennedy):
  S. 2349. A bill to modify the application of the antitrust laws to 
permit collective development and implementation of a standard contract 
form for playwrights for the licensing of their plays; to the Committee 
on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce S. 2349, ``The 
Playwrights Licensing Antitrust Initiative'' or ``PLAI [play] Act.''
  This legislation is designed to ensure the continued vitality of 
American theater. When the theater is crowded and the curtain rises, it 
is easy to forget that the entire show began with one person: the lone 
playwright who put pen to paper. While this artistic independence--and 
the individual expression it fosters--are absolutely central to the 
continuing vitality of quality live theater in America, it has resulted 
in individual playwrights being increasingly forced into a situation 
where they bargain alone against corporate behemoths and organized 
labor groups over terms of compensation and artistic control when their 
works are performed on Broadway.
  Due to the interaction of Federal labor law, the antitrust laws, and 
the Copyright Act, playwrights and their voluntary peer membership 
organization, the Dramatists Guild of America, operate under the shadow 
of possible antitrust litigation, which has substantially and 
detrimentally decreased their ability to coordinate their actions in 
protecting their artistic and financial interests. This has impeded the 
ability of playwrights to act collectively in dealing with highly-
organized and unionized groups--such as actors, directors, and 
choreographers on the one hand--and the increasingly consolidated 
producers and investors on the other.
  Playwrights contribute enduring, thoughtful entertainment and 
cultural enrichment to our lives. I know that many of my colleagues 
here in the Senate share my appreciation for the creative work they do. 
Despite the importance of their work, our current antitrust laws 
prevent them from negotiating a standard form contract for the 
production of their works. As a result, playwrights--who are frequently 
at a substantial bargaining disadvantage--are forced to accept 
contracts on a take it or leave it basis.
  If we truly want the American stage to flourish, we must remedy this 
situation. The PLAI Act is a narrow measure that allows playwrights, 
composers and lyricists--through either the Dramatists Guild or any 
other voluntary peer organization--to act collectively in dealing with 
other industry groups that operate both under and behind the bright 
lights of the American stage.
  The PLAI Act enables playwrights to act collectively without 
violating the antitrust laws. It allows these men and women to sit down 
with their creative colleagues in the industry to negotiate, adopt and 
implement a standard form contract for the production of their works. 
Actors, stagehands, directors, producers and venue owners of live 
theater--nearly all other theater workers and artists--already have 
this right. Importantly, this extends only to the adoption and 
implementation--but not any collective enforcement--of an updated 
standard form contract. Thus, it would merely allow dramatists to 
replace the terms of the current standard contract--which I am given to 
understand has remained virtually unchanged for several decades--with 
amended terms that reflect the changing business and artistic landscape 
on Broadway.
  My hope is that the basic ability to develop a standard form contract 
as well as provisions ensuring that certain artists' rights are 
respected in the production of their plays will encourage young, 
struggling playwrights to continue working in the field. Too often, 
playwrights with great potential abandon their writing--or choose to 
write for a different audience or venue--because they are powerless to 
negotiate even minimum levels of compensation or artistic copyright 
protection for their work. William Shakespeare himself was paid no more 
than eight pounds apiece for his plays, and was not able to make his 
living from writing. This was, of course, back in the late 16th 
century.
  We should not allow today's antitrust laws to be used to discourage 
some of our most creative citizens from pursuing careers in live 
theater. When talented individuals are pushed away from their craft 
because of the unintended consequences of legislation, it is incumbent 
upon those of us in Congress to set things right.
  As a long time enthusiast of live theater, and a lyricist myself, I 
am proud to co-sponsor this bill. It is my belief that the PLAI Act 
will help foster the next Arthur Miller, the next Andrew

[[Page S4378]]

Lloyd Webber, or the next Wendy Wasserstein. By helping playwrights in 
this way we encourage the continued vibrancy of American live theater 
and artistic and literary culture.
  I commend my co-sponsor Senator Kennedy for his efforts on this bill. 
His leadership and support represent a significant step forward in 
preserving the future of live theater in America. I urge my colleagues 
to join Senator Kennedy and me in supporting the PLAI Act.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2349

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Playwrights Licensing 
     Antitrust Initiative Act of 2004''.

     SEC. 2. NONAPPLICATION OF ANTITRUST LAWS.

       (a) In General.--Subject to subsection (c), the antitrust 
     laws shall not apply to any joint discussion, consideration, 
     review, action, or agreement for the express purpose of, and 
     limited to, the development of a standard form contract 
     containing minimum terms of artistic protection and levels of 
     compensation for playwrights by means of--
       (1) meetings, discussions, and negotiations between or 
     among playwrights or their representatives and producers or 
     their representatives; or
       (2) joint or collective voluntary actions for the limited 
     purposes of developing a standard form contract by 
     playwrights or their representatives.
       (b) Adoption and Implementation.--Subject to subsection 
     (c), the antitrust laws shall not apply to any joint 
     discussion, consideration, review, or action for the express 
     purpose of, and limited to, reaching a collective agreement 
     among playwrights adopting a standard form contract developed 
     pursuant to subsection (a) as the participating playwrights 
     sole and exclusive means by which participating playwrights 
     shall license their plays to producers.
       (c) Amendment of Contract.--A standard form of contract 
     developed and implemented under subsections (a) and (b) shall 
     be subject to amendment by individual playwrights and 
     producers consistent with the terms of the standard form 
     contract.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Antitrust laws.--The term ``antitrust laws'' has the 
     meaning given it in section (a) of the first section of the 
     Clayton Act (15 U.S.C. 12) except that such term includes 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 45) 
     to the extent that such section applies to unfair methods of 
     competition.
       (2) Playwright.--The term ``playwright'' means the author, 
     composer, or lyricist of a dramatic or musical work intended 
     to be performed on the speaking stage and shall include, 
     where appropriate, the adapter of a work from another medium.
       (3) Producer.--The term ``producer''--
       (A) means any person who obtains the rights to present live 
     stage productions of a play; and
       (B) includes any person who presents a play as first class 
     performances in major cities, as well as those who present 
     plays in regional and not-for-profit theaters.

  Mr. KENNEDY. Mr. President, it is a privilege to join in cosponsoring 
the Playwrights Licensing Antitrust Initiative Act, to permit the 
development of a standard, minimum contract for playwrights for the 
licensing and production of their work.
  The bill will provide needed protection for playwrights whose work is 
the creative force behind so many memorable successes in the Nation's 
performing arts. The stunning creations that millions of Americans 
enjoy on Broadway, Off Broadway, and in local communities across the 
country reflect the special genius of our creative artists. They 
express our Nation's hopes, disappointments, achievements and its 
challenges for the years ahead.
  If you travel to New York this week, you can attend any one of dozens 
of shows to entertain or enlighten us. There are classic musical 
productions--shows that we have loved all our lives such as Gypsy and 
42nd Street and Fiddler on the Roof, and more recently, The Producers. 
There are other dramatic works on issues that are important to each of 
us--about personal struggles and individual achievement and growth, 
about immigration and race relations--Bridge and Tunnel, The Tricky 
Part and Caroline, or Change. They are the new classics from the 
emerging voices of theater.
  The men and women who write these shows should be fairly compensated 
for their creative achievements. The bill that Senator Hatch and I 
introduce today will provide a measure of greater fairness for them. 
Currently, they are prohibited from entering into any collective 
negotiation for compensation or control of their work. Because they are 
not members of a union, they must negotiate individually with producers 
of their work.
  For well-known authors, the negotiation can be challenging. For 
emerging authors, it can be impossible.
  The bill we are proposing will grant a very limited modification of 
the antitrust laws, so that playwrights will be able to negotiate a 
minimum compensation package as fair reimbursement for their work. It 
will give playwrights similar rights to actors, actresses, dancers, 
composers, musicians and others who bring theater to life on America's 
stages.
  Currently, writers who work in the film industry enjoy greater 
protection for their work than their counterparts in the theater. We 
need to do more to see that our talented playwrights are able to 
continue their work in our theaters, and end the alarming current trend 
away from writing for live theater.
  As President Kennedy once said, ``I am certain that after the dust of 
centuries has passed over our cities, we, too, will be remembered not 
for victories or defeats in battle or politics, but for our 
contribution to the human spirit.''
  I hope that we can take this opportunity to expand the creative arts 
in our country and contribute to the vital spirit of our citizens in 
communities across America with their performances in drama, comedy and 
music.
  American theater is as lively, diverse, and exciting as any in the 
world. We must do all we can to protect this unique legacy and ensure a 
healthy theater community in the years ahead.
  I urge my colleagues to join us in supporting this important 
legislation.
                                 ______