Amicus Briefs

The DLDF has filed multiple amicus briefs in defense of playwrights’ intellectual property rights and to also address issues pertaining to free speech, fair use of works, and copyright law. A recent amicus brief filed by the DLDF revolved around a case filed by the ACLU in the U.S. District Court of Rhode Island on behalf of plaintiffs Rhode Island Latino Arts (RILA), National Queer Theatre (NQT), The Theatre Offensive (TTO), and the Theatre Communications Group (TCG). As outlined by John Weidman, DLDF’s President, the “suit argues that the new National Endowment anti-DEI certification requirement and funding prohibition violate the First Amendment, the Administrative Procedure Act, and the Fifth Amendment. The ACLU is asking for a preliminary injunction or temporary restraining order before the grant application deadline.” This amicus brief highlights DLDF’s commitment to support playwrights and artistic organizations when they have been censored and must fight for their First Amendment Rights at a time when artistic expression is increasingly under attack by the current Executive Administration. 

The DLDF’s first amicus, filed in November 2014, in Adjmi v. DLT Entertainment Ltd. supported playwright David Adjmi’s fair use in his play 3C, a parody of Three’s Company. The brief was actually referenced by the presiding judge of the case, highlighting the impact that DLDF’s briefs may even shape and influence court decisions. In February 2013, the DLDF joined the Dramatists Guild and other writer organizations in submitting a letter supporting the Authors Guild in their class action suit against Google over wholesale library digitization.  The DLDF also filed two briefs in Lombardo v. Seuss, supporting playwright Matthew Lombardo's fair use of his play Who's Holiday, the first in August 2017 and a second before the Second Circuit Court later that same month.

Statements

The DLDF has issued various public statements addressing censorship, free expression, and copyright policy. These included condemnations of institutional cancellations as well as statements urging reinstatement of suppressed student productions of Almost, Maine in North Carolina (2014) and RENT in Connecticut (2013). Other notable statements addressed Brandeis University’s cancellation of Michael Weller's Buyer Beware (2017), the American Jewish Historical Society’s cancellation of a Dan Fishback reading following activist pressure (2017), and the Metropolitan Opera's cancellation of live screenings of The Death of Klinghoffer (2014).

The DLDF also released statements supporting The Public Theater's production of Julius Caesar following corporate sponsor withdrawals (2017) and twice issued statements in support of the Hamilton cast and creators following their address to Vice President-Elect Mike Pence (November 2016 and February 2017). More recently, DLDF joined the NCAC in statements and letters regarding individuals and institutions which have been the targets of attempts to muzzle free speech on both sides of the political aisle, among them:

o   A statement opposing the American Jewish Historical Society’s cancellation of a reading of Rubble Rubble, a play by Dan Fishback, when the event came under fire by right-wing activists who claimed it was “anti-Israel” (the playwright arranged for a reading of the play at another venue); AND

o   A statement in support of Lincoln Center, which was the target of a petition signed by artists (including 36 playwrights) and left-wing activists, demanding the cancellation of To the End of the Land because the production received some funding from Israel’s Office of Cultural Affairs. Lincoln Center ultimately refused to cancel the show.

Articles

The DLDF publishes notable articles supporting the dramatists community. In 2015, Almost, Maine playwright John Cariani contributed an article to The Dramatist recounting his experience with the near cancellation of his play at a high school in Maine, NC, providing a first-hand account of the censorship pressures the DLDF works to counter. A 2015/2016 review titled “Who is Watching the Watchman” also summarized the DLDF’s recent advocacy work. In 2019, The Dramatist published an edited transcript of the “Fair Use in Copyright Law” roundtable, presented by DLDF as an accredited CLE class for attorneys. Other DLDF sponsored articles include “Shakespeare (abridged) [expurgated]” by Jess Winfield and “That’s So Derivative” by Joanne Schwartzberg.

Action Alerts

The DLDF Board of Directors formed the DLDF Action Task Force, consisting of members such as Robert Schenkkan, Raúl Esparza, Emily Mann, Howard Sherman, Ralph Sevush, and John Weidman. The Task Force supplied playwrights, librettists, lyricists, and composers nationwide, including the Guild's 9,000+ members, with specific, high-impact lobbying actions they can take quickly and with minimal effort, on both the state and federal level. The focus is on advocacy for theatrical writers and the arts more broadly. Additionally, the Task Force aimed to provide dramatic writers with resources to be used in telephone communications or letters sent to a member's state and federal representative to voice concerns over First Amendment censorship.

Clinics

The DLDF partnered with Columbia Law School’s Entrepreneurial Clinic to present the first ever DLDF Clinic for Dramatic Writers. A free legal clinic for playwriting students in their last year of their master’s studies.  The DLDF replicated that program with NYU law and the Tisch School, and would like to expand to Pace, Fordham, and Brooklyn law schools in the coming year.