To date, no court has ruled on whether stage directions are copyrightable. Einhorn v. Mergatroyd Productions is the most recent case to directly address the copyrightability of stage directions and blocking scripts. However, the court was unable to decide the copyright issue because both parties to the suit failed to address a series of questions necessary to the resolution of the claim. Nonetheless, the Einhorn decision gives hope to future directors because it highlights the issues crucial to proving a case of copyright infringement of stage directions. This comment advocates for the copyright protection of stage directions that fulfill the requirements of the Copyright Act and proposes that copyrighting stage directions will not devastate the rights of playwrights because fair use and scenes á faire will limit the protection granted to stage directions, thereby ensuring the promotion and advancement of the arts.
Jennifer J. Maxwell, Making a Federal Case for Copyrighting Stage Directions: Einhorn v. Mergatroyd Productions, 7 J. Marshall Rev. Intell. Prop. L. 393 (2008)