Getting Rights for Clergy Abuse Survivor Play

Dear Rich: I am writing a play based on the life of Phil Saviano, the clergy-abuse survivor who was featured in the movie Spotlight (portrayed by actor Neal Huff). Phil was an avid fan and personal friend of singer/songwriter Judy Collins. Judy Collins is a character in the play. The play features portions of fifteen songs that Judy Collins has recorded. Two of these are in the public domain. Among the rest, Judy Collins wrote a few, but others were written by six different songwriters (Leonard Cohen, Richard Farina, Rolf Kempf, Randy Newman, Joni Michell, and Stephen Sondheim). Early in my endeavor, I notified Judy Collins’ management and sent them draft scripts as the play developed. They have responded to my queries, so I know they are aware of the issue. However, they have not chosen to be involved in the development of the piece to date. I have also notified all the other characters who represent actual people in Phil’s story (Actor Neal Huff, members of the Spotlight team, etc.) and sent them draft scripts. The play does not include any direct quotes from any of them. All of the    dialogue is invented, as described in a disclaimer on the script’s title page. However, I    have revised the script to reflect comments I received from ‘actual people’ in an endeavor to portray them accurately. To date, the play has undergone several workshops with actors and directors but has not had any public performances. I am planning to hold a pair of extended workshops with a full cast of actors, which will result in staged readings open to the public by invitation only. I want to obtain the necessary rights in advance of those readings. It is my understanding that I have to obtain song permission for each of the songs in the play from the music publishers of     the various songwriters. I also believe that I will need to obtain grand rights from Judy Collins’ publisher, as Judy Collins is a character in the play, and many of the songs are to be performed in her style. Since the play includes no actual recordings of Judy Collins, I do not believe I have to obtain recording rights to any of the songs. Are there any rights or permissions that I need to obtain from any of the characters based on    actual people? I appreciate any guidance you can offer about the bouquet of rights and permissions I will need.

You’re on the right track by notifying and engaging with the people depicted in your play. Your planned staged readings and your ultimate public debut may require permissions and releases. Here are the legal rights you should consider: 

Right of Publicity. The Right of Publicity protects a person's name, likeness, and persona from unauthorized commercial use.  However, this right is not absolute — it is limited when balanced against First Amendment rights, especially in works of drama, literature, or biography. Because you are creating a dramatic, biographical play and not promoting or endorsing a commercial product, you are likely protected under the First Amendment and not required to obtain releases from living individuals (or estates) for this expressive use. 

Defamation. If a living person believes the portrayal is false and harmful to their reputation, they could sue.  

False Light. Even without explicit defamation, implying something untrue (e.g., suggesting a person said/did something they didn't) could potentially result in a claim.

Sound Recording Rights. You're correct that you do not need sound recording rights if you're not using actual recordings. 

Public Performance Rights. Public performance rights are permissions required if the play is performed publicly. Permission is usually obtained through ASCAP, BMI, or SESAC. Workshops and invited readings, although they are low-risk, may still require clearance.

Grand (Dramatic) Rights. Grand rights may be required because the songs are integrated into a dramatic narrative with distinct characters and a well-defined plot. Portraying Judy Collins as a character singing songs she recorded, even in her style, may strengthen the need for grand rights. Since you've notified her management and they haven't objected, that's a good sign. But continued good-faith communication is wise. 

 You must secure grand rights from each copyright holder or their representative publisher. ASCAP/BMI does not cover these.  You will need to contact the music publishers (not just songwriters) for Leonard Cohen (Sony/ATV or Universal),  Joni Mitchell (Sony/ATV or Joni Mitchell Publishing), Stephen Sondheim  (Rilting Music (now administered by Concord Theatricals), Randy Newman (WB Music or Universal), and Richard Fariña (typically represented via his estate). Judy Collins' original compositions will likely be controlled by her publishing entity or through Warner Chappell, Universal, or another publisher. (We couldn't find any leads for Rolf Kempf). Note that music publishers will often license limited grand rights for non-commercial workshops or staged readings, especially if you're clear it's not a complete commercial run. 

What now? Continue documenting communication with real-life subjects. Reach out to music publishers with your request for limited dramatic rights for staged readings. Keep your disclaimer visible and consider insurance if you go forward with public or commercial productions (e.g., Errors & Omissions coverage). If you are moving towards a full public production, consult an entertainment attorney to confirm that your rights are fully secured.