David Adjmi is an accomplished playwright. Three years ago one of his plays, 3C, was performed at the Rattlestick Playwrights Theater. The New York Times described it as a “darkly comic deconstruction of the 1970s sitcom Three’s Company.” But DLT Entertainment Ltd., (the sitcom’s copyright owner) didn’t appreciate the humor, so its lawyers sent out a cease-and-desist letter. The claim was that Mr. Adjmi had borrowed too much. Though the play went on, the suit did too. The question was whether there was a First Amendment parody and fair use privilege to do what Adjmi did.
That question was answered recently by United States District Court Judge Loretta A. Preska who ruled that “despite the many similarities between the [play and the sitcom], 3C is clearly a transformative use” and thus can be performed, published, and licensed.
At first Mr. Adjmi was tempted to give in to DLT Entertainment Ltd’s demands because he lacked the money to stay in the legal fight. The plot then thickened: Patrick Healy, then theatre reporter for the New York Times, was incensed, so he “started a petition on Adjmi’s behalf, which was signed by many in the industry, including some fancy people, too, like Stephen Sondheim and Aaron Sorkin and Tony Kushner.”
Enter Bruce Johnson, a noted First Amendment lawyer at Davis Wright Tremaine. The turning point came when Mr. Johnson and his firm took on the case, pro bono. They won it. As Mr. Johnson told American Theatre: “We took this on a pro bono basis because we care deeply about the theatre,” and felt that “meritless legal claims should not be used to block free speech.” As he saw it, “DLT was hoping that its greater financial resources would overmatch whatever legal help David [Adjmi] could find, if anyone.” That disturbed Johnson “because it was clearly intended to have an effect on David and his efforts to protect his free speech rights.”
In the words of the Bard, “all’s well that ends well.” (See below)
→ Performance & Panel Discussion ←
The Arts Integrity Initiative at The New School College of Performing Arts, School of Drama, will present the first public reading of David Adjmi’s 3C, following the work’s landmark legal victory. Directed by Jackson Gay, this is the first public performance of 3C following the landmark legal victory.
A panel discussion hosted by playwright and New School faculty member Jon Robin Baitz will include attorney Bruce Johnson and David Adjmi, speaking publically for the first time, about 3C’s journey since its world premiere in June of 2012 at Rattlestick Playwrights Theater.
→ WHERE: The New School Auditorium – 66 W. 12th Street New York City, New York
→ REGISTER: here
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