II 

108TH CONGRESS 

2D SESSION S. 2349

To modify the application of the antitrust laws to permit collective development and implementation of a standard contract form for playwrights 

for the licensing of their plays. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2004

Mr. HATCH (for himself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL

To modify the application of the antitrust laws to permit 

collective development and implementation of a standard 

contract form for playwrights for the licensing of their 

plays.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Playwrights Licensing 

5 Antitrust Initiative Act of 2004’’. 

6 SEC. 2. NONAPPLICATION OF ANTITRUST LAWS. 

7 (a) IN GENERAL.—Subject to subsection (c), the 

8 antitrust laws shall not apply to any joint discussion, con-
2

•S 2349 IS 

1 sideration, review, action, or agreement for the express 

2 purpose of, and limited to, the development of a standard 

3 form contract containing minimum terms of artistic pro4 tection and levels of compensation for playwrights by 

5 means of— 

6 (1) meetings, discussions, and negotiations be7 tween or among playwrights or their representatives 

8 and producers or their representatives; or 

9 (2) joint or collective voluntary actions for the 

10 limited purposes of developing a standard form con11 tract by playwrights or their representatives. 

12 (b) ADOPTION AND IMPLEMENTATION.—Subject to 

13 subsection (c), the antitrust laws shall not apply to any 

14 joint discussion, consideration, review, or action for the 

15 express purpose of, and limited to, reaching a collective 

16 agreement among playwrights adopting a standard form 

17 contract developed pursuant to subsection (a) as the par18 ticipating playwrights sole and exclusive means by which 

19 participating playwrights shall license their plays to pro20 ducers. 

21 (c) AMENDMENT OF CONTRACT.—A standard form 

22 of contract developed and implemented under subsections 

23 (a) and (b) shall be subject to amendment by individual 

24 playwrights and producers consistent with the terms of the 

25 standard form contract. 
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•S 2349 IS 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ANTITRUST LAWS.—The term ‘‘antitrust 

4 laws’’ has the meaning given it in section (a) of the 

5 first section of the Clayton Act (15 U.S.C. 12) ex6 cept that such term includes section 5 of the Federal 

7 Trade Commission Act (15 U.S.C. 45) to the extent 

8 that such section applies to unfair methods of com9 petition. 

10 (2) PLAYWRIGHT.—The term ‘‘playwright’’ 

11 means the author, composer, or lyricist of a dra12 matic or musical work intended to be performed on 

13 the speaking stage and shall include, where appro14 priate, the adapter of a work from another medium. 

15 (3) PRODUCER.—The term ‘‘producer’’— 

16 (A) means any person who obtains the 

17 rights to present live stage productions of a 

18 play; and 

19 (B) includes any person who presents a 

20 play as first class performances in major cities, 

21 as well as those who present plays in regional 

22 and not-for-profit theaters.

Æ