Authors who license others to adapt their stories into stage plays often must cede artistic decisions that give shape to the new works. Some authors, however, have sufficient bargaining power to impose at least some restrictions and retain a measure of approval—or at least a right of consultation—over the content of the play. In those instances, should artistic visions subsequently clash, the contractual clauses that govern the extent of the author’s creative control and her remedies in the event of a breach are critical.

The point is illustrated by the action filed last month in U.S. District Court for the Southern District of Alabama concerning a live stage adaptation by Aaron Sorkin of the classic American novel, To Kill a Mockingbird. The plaintiff is Tonja B. Carter as personal representative of the Estate of Nelle Harper Lee, the novel’s author, who died in February, 2016. The defendant is Rudinplay, Inc., producer of the play and a major force on Broadway. With opening night scheduled for December, the estate accuses the defendant of ignoring restrictions in a 2015 agreement that concern portrayal of the novel’s central character, Atticus Finch, and other content.

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