Difficulty: Medium

Average Score: 60%

Theatrical piracy took on new life with the 1856 amendments to the United States copyright laws. Before 1856, published playscripts were not protected from unauthorized performance, only from unauthorized physical duplication. Publication effectively allowed the public to use the play in any way not explicitly forbidden by statute; by contrast, plays that had been performed but not printed and sold were considered unpublished and so continued to be protected by the law. Consequently, most playwrights never printed their works, seeking to prevent potential pirates from duplicating the texts and staging the plays. By extending copyright protection to performances of published plays, the 1856 amendments sought to encourage publication of playscripts, but the physical texts also became available to those who chose to duplicate them illegally.

According to the passage, most playwrights did not publish their plays before 1856 because they

Rationale

feared that publication would make their plays targets for unauthorized staging.

Before the 1856 amendments, playwrights were concerned that publishing their works would lead to unauthorized performances, as the law only protected against physical duplication and not against performance. Therefore, they chose to keep their plays unpublished to avoid potential piracy.

A (were discouraged by law from writing new plays before the passage of the 1856 amendments) YOUR ANSWER

This choice suggests that legal discouragement affected the creativity of playwrights, which is not supported by the passage. The text does not indicate that laws inhibited the writing of new plays; rather, it focuses on the consequences of publishing existing works.

B (were explicitly forbidden by statute to offer their published plays for sale to the public) YOUR ANSWER

The passage does not mention any legal prohibitions against selling published plays. Instead, it emphasizes that published plays were not protected from unauthorized performance, which is a different issue altogether.

C (feared that publication would make their plays targets for unauthorized staging) CORRECT

This choice accurately reflects the concerns expressed in the passage. Playwrights avoided publication to prevent their works from being used without authorization, as they were aware that published plays could lead to illegal performances.

D (thought that people who read a playscript would be less likely to see the play) YOUR ANSWER

While this option presents a possible concern, it is not mentioned in the passage. The text focuses on the legal and practical implications of publication rather than on audience behavior related to reading playscripts.

E (knew that published playscripts were not protected from unauthorized duplication) YOUR ANSWER

This statement is partially correct but misses the key point. Playwrights were aware that published works lacked protection against performance, not just duplication. The emphasis in the passage is on unauthorized staging rather than on the physical duplication aspect.

Conclusion

The reluctance of playwrights to publish their works before the 1856 amendments stemmed from their fear of unauthorized performances. The amendments aimed to protect published plays, which highlights the significant shift in copyright laws designed to encourage publication while simultaneously posing risks of piracy. Understanding this historical context underlines the complexities of intellectual property rights in the performing arts.

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