MTI Counters Theaterpalooza's Responses to Lawsuit

Music Theatre International filed a federal copyright infringement complaint against Theaterpalooza Community Theater Productions, Inc. on June 1, 2018, after Theaterpalooza ignored repeated requests over a period of 3-1/2 years calling on it to halt its infringing acts, stop using copyrighted materials without a license, and pay for its unlicensed use of copyrighted works. MTI filed suit only reluctantly and only after all other avenues proved fruitless.

Recently, press reports about the lawsuit have appeared. Some of the reports include statements from Teresa Walker, the owner of Theaterpalooza, that contain false or misleading information about the lawsuit. In response to Ms. Walker's comments, MTI has released the below statements:

• "It's a billing issue" about "slow to pay"

Contrary to published reports, the dispute is not about a billing issue or about Theaterpalooza being slow to pay. Theaterpalooza was warned repeatedly in writing that it could not use copyrighted works without a license, and it was asked to stop infringing and to pay for past infringing use. It ignored six written requests over three years. That was not a mistake. It was not a misunderstanding. It was a willful course of conduct evidencing deliberate infringement and a violation of author's rights.

• Theaterpalooza has "tried to be in compliance"

Also contrary to published reports, Theaterpalooza made no effort to "be in compliance" after receiving notice or before the lawsuit was filed. For example, Ms. Walker initially promised to pay for her unlicensed production of Mary Poppins. Even though MTI repeatedly sent her an invoice, she never paid. Instead, Theaterpalooza continued advertising and promoting its productions of unlicensed copyrighted works.

• We are "working with MTI's attorneys."

Despite repeated written requests over a 3-1/2 year period, neither Theaterpalooza nor its lawyers ever responded to MTI's requests before the lawsuit was filed. Since the suit was filed, Theaterpalooza has refused to file an answer within the time provided by the Court. No attorney for Theaterpalooza ever has contacted MTI's attorneys.

• "We've settled this."

Ms. Walker asserts that a payment plan for back fees has been worked out. Not true.

• "[W]e're not trying to get over on anyone and not pay writers"

That is what the company claims, but in fact that is exactly what it has been doing for over 3-1/2 years, ignoring repeated requests to stop the infringement while it continued to advertise unlicensed works without authorization, and without seeking a license or paying a license fee. One of the reasons MTI commenced this legal action is to protect the rights of those performing groups who understand and fulfill their obligations to legally license what they perform. Theaterpalooza's conduct is simply unfair to those other groups who abide by the law.

• These are "complicated issues".

Ms. Walker admits to "financial issues over the years," but when asked about lawsuits alleging non-payment of rent, Ms. Walker simply said they are "complicated issues." However, there is nothing complicated about renting space or renting intellectual property. If you use someone else's property, you need to pay for it.

Ms. Walker admits to having a writing staff and producing sold-out shows while helping tuition-paying students through professional tutoring and piano lessons. We assume Ms. Walker pays her professional staff. We also assume Ms. Walker expects payment when she charges admission or licenses her productions for performances in other communities. MTI expects the same on behalf of its authors.

MTI President Drew Cohen explained in announcing the lawsuit that "[a]t MTI, we promote artistic expression by ensuring that every copyrighted work is properly licensed for performance." He adds that for that reason, "we cannot allow companies like Theaterpalooza to skirt the licensing process and the legal process while they profit illegally from the originality of writers. We also want to make sure the public knows that Teresa Walker and her company have no right to be advertising unlicensed works."

• "We want children to love the arts the rest of their lives."

We do too. But that can't happen unless we support the creative community that creates these wonderful musicals. That's all we are trying to do.

Music Theatre International (MTI) is one of the world's leading theatrical licensing agencies, granting schools as well as amateur and professional theatres from around the world the rights to perform the largest selection of great musicals from Broadway and beyond. MTI works directly with the composers, lyricists and book writers of these shows to provide official scripts, musical materials and dynamic theatrical resources to over 70,000 theatrical organizations in the US and in more than 60 countries.

MTI maintains its global headquarters in New York City (mtishows.com), with additional offices in London (MTI Europe: mtishows.co.uk, mtishows.eu), and Melbourne (MTI Australasia: mtishows.com.au).