Second Circuit Upholds Theater Company’s Rights in ‘To Kill a Mockingbird’ Adaptation Dispute, Remands Attorney’s Fees Award for Review

The U.S. Court of Appeals for the Second Circuit has upheld a lower court’s decision that a theater company’s performances of a stage adaptation of “To Kill a Mockingbird” did not infringe upon the licenses held by another company. However, the appellate court vacated the $200,000 in attorney’s fees previously awarded and remanded the case for further consideration.

This legal dispute centers on the rights to stage adaptations of Harper Lee’s seminal novel. In 1969, Lee granted The Dramatic Publishing Company exclusive rights to license amateur performances of a dramatization of her work. This agreement led to the creation of a stage adaptation by playwright Christopher Sergel, which became widely performed in community theaters and schools.

In 2011, Lee exercised her right under the Copyright Act to terminate the 1969 agreement, effective in 2016. Subsequently, she entered into a new agreement with Rudinplay, a company affiliated with producer Scott Rudin, to create a new stage adaptation. This resulted in a version written by Aaron Sorkin, which premiered on Broadway in 2018.

The conflict arose when Atticus Limited Liability Company, associated with Rudinplay, sought to perform the Sorkin adaptation in venues where the Sergel version had been traditionally staged. The Dramatic Publishing Company contended that their rights were being infringed upon, leading to legal action.

In its recent decision, the Second Circuit agreed with the district court that Atticus’s performances did not violate Dramatic Publishing’s rights. However, the appellate court found that the lower court’s award of $200,000 in attorney’s fees to Atticus required further examination, particularly concerning the reasonableness and justification of the amount awarded.

This case underscores the complexities involved in copyright terminations and the subsequent rights to derivative works. The Copyright Act allows authors to reclaim rights after a certain period, but the interplay between original and new licensees can lead to intricate legal challenges.

Legal professionals and entities involved in intellectual property and entertainment law will be closely monitoring the district court’s reassessment of the attorney’s fees, as it may set important precedents for future disputes in similar contexts.