Can I Write a Play Based on Characters from a Hit Musical?
It is possible to write a play that expands the story of a character from a hit musical, but there are significant legal and practical considerations to bear in mind.
Legal Considerations and Intellectual Property
Characters in a play are the intellectual property of the author. If you attempt to publish your play or get it produced without obtaining the necessary permissions, you could face a visit from the author's legal team. This applies unless the musical is based on public domain material or the musical itself is old enough to be in the public domain. For instance, you can write a play about the characters in "Hamilton" as long as your work is based on historical facts rather than the fictional elements created for the musical.
Procedural Approaches
On one hand, you can write anything you want, but for a practical and legal reason, it is advisable not to proceed without the necessary permissions. This protection is in place to ensure that the original creator's rights are respected and to prevent unauthorized use of their intellectual property.
Moreover, if you are extremely passionate about your work and believe it has potential, it is recommended that you go for it. After you have completed your draft, you can present it to the rights holder of the characters. If they like your work, they may grant you permission to proceed further. A notable example is the off-Broadway show that used all the songs by Burt Bacharach. The creator sent the remix to Burt Bacharach, who loved it and granted permission.
To determine the current status of a musical's copyright, you need to check when it was written. In some cases, characters may be rewritten into new work, but for safety and legal compliance, it is best to obtain permission from the holder of the rights to the original work.
International Perspective on Copyright Infringement
Creating a derivative work from another work that is still under copyright protection is illegal copyright infringement in almost every country. However, this rule can be circumvented if you have the copyright holder's permission. Most countries have laws outlining what constitutes a derivative work and the steps required to obtain the necessary permissions.
Therefore, if you wish to write a play based on characters from a hit musical, always ensure that you have the appropriate permissions from the rights holder. This will protect both you and the original author, ensure the integrity of the work, and prevent any legal complications down the line.