There’s been a great deal of discussion in the past couple of months about the rights of playwrights, the legal protections of copyright and licensing agreements, the prerogative of directors to freshly interpret a writer’s work and so on. But none of this should suggest that writers are the only theatre artists whose work is to be respected and protected. This holds true, variously on legal and ethical grounds, for all creative artists in theatre.

This is brought to the fore currently by a production of John van Druten’s supernatural comedy Bell, Book and Candle at the company TheatreWorks in New Milford, Connecticut, running into January. Theatreworks is a non-Equity company that pays its actors a stipend for appearing in productions; whether they are a community theatre, semi-professional or professional non-Equity is subject that could be debated, but that’s not where my focus is fixed.

Instead, I’m looking at photos of Bell, Book and Candle, and though I haven’t seen the production at TheatreWorks, the photos seem strangely familiar. Why? Because the set appears to be a fairly slavish recreation of a production of Bell Book and Candle that was co-produced by Long Wharf Theatre and Hartford Stage three years ago. That production was directed by Darko Tresnjak and designed by Alexander Dodge. Incidentally, it is 30 miles from New Milford to Long Wharf, and 40 miles from New Milford to Hartford Stage.

The similarities are striking, and having discovered that I’m connected to many of the creative team and cast of the Long Wharf/Hartford Stage production on Facebook, I can say that they think so too. Indeed, while I don’t think it’s appropriate to publish people’s Facebook posts when I can’t be sure what’s private and what’s public, I will quote simply the first word of Tresnjak’s initial post on this subject: “Grrrrrr.”

There is no copyright protection for the work of directors (though the ethics of replication should be taken into account by all theatre artists), but designs can be copyrighted, and so the appropriation of Dodge’s work (created in collaboration with Tresnjak for his production) by TheatreWorks director and designer Joseph Russo without permission has crossed a line. While the costumes in the New Milford production are reminiscent of those designed by Fabio Toblini for the prior Connecticut production, they are not replicas. Anyone undertaking a Google search will also discover another set of similar photos from a Bell, Book and Candle at The Old Globe in San Diego in 2007, but that’s understandable: it was also directed by Tresnjak and designed by Dodge.

It is incumbent upon directors to produce a script according to the approved version by the playwright, yet it is also incumbent upon them to create their production anew, through their own conception, their cast and their design, to name but a few key elements. Now to be fair, there’s a blurry line when it comes to iconic shows, often musicals. Productions of A Chorus Line rarely stray far from the original, particularly Theoni V. Aldredge’s costumes, and as an avowed Sweeney Todd fan, every production I saw for years was in some way an homage to the Hal Prince directed original, and to Eugene Lee’s scenic design, until John Doyle broke the mold with his Watermill production that eventually came to Broadway.

But unless both Joe Russo and Alexander Dodge either have vivid personal memories of the original 1950 Broadway production of BB&C and/or they both lifted their ideas from photos of George Jenkins’s original Broadway designs (which likely were only photographed in black and white), it’s pretty safe to say that Russo took “his” design ideas from Dodge, without permission. That’s not an homage, that’s copying.

Given the online conversation over the past 11 hours, word of concern has reached Joseph Russo and Theatreworks. At 10:30 this morning, the following was posted to Theatreworks’ public Facebook page:

Dear friends of TheatreWorks: we’ve been receiving several comments on Facebook and in a recent review by OnStage Critics Circle, that our production design for “Bell, Book & Candle” was inspired by The Hartford Stage production of 2012. This is correct, and the oversight to credit director Darko Tresnjak and designer Alexander Dodge occurred in our rush to open the show last weekend. We are crediting both Mr. Dodge and Mr. Tresnjak in our program, on our website, and any other communications involving the production. We thank you for your kind attention to this, and we apologize for any misunderstanding. What’s more, we appreciate you raising this issue with us and for supporting TheatreWorks New Milford.

This statement misses the point entirely. It’s not that Tresnjak and Dodge should have been credited – their work should never have been taken in the first place. That Russo acknowledges the debt his production owes to the Long Wharf/Hartford Stage original confirms exactly how he came by his directorial and design concept, but his statement neither excuses or resolves the issue. I suspect unions have already been contacted by the artists involved in the source production.

Chronicling this incident is not meant to demonize TheatreWorks, who are at least in the process of owning up to what they’ve done. They still must go farther than their statement, which glosses over the issue and ignores the essential problem. How Tresnjak and Dodge choose to settle this issue remains to be seen, and they deserve satisfaction for any claims that may be forthcoming; that their original work was done at major theatres, and the copying was at a small one, should be irrelevant to the conversation. TheatreWorks has hopefully learned an important lesson, and through them, perhaps others will as well.

This does provide an excellent example about respect for every creative element in every production, and while examples don’t often come to light, there has been litigation over the appropriation of key elements from Urinetown (the original Broadway production) by another company, to name a prominent precedent, demonstrating that this practice is not confined to small, quasi-professional companies, but to professional productions as well.

To those who have expressed to me in recent weeks their concern that in directing productions they don’t want to be hamstrung by excessive faithfulness to published scripts, and therefore original productions, this is a perfect example of why doing so isn’t in anyone’s best interests. Respecting an author’s intent is not the same as creating a Xerox copy – or a 19th generation copy – of the original or another notable production. It’s about how does every director and their team at every level – academic, amateur and professional – imagine a play anew without subverting the playwright’s wishes (unless permission is granted to do so), making their own discoveries along the way.

Update, December 9, 2:30 pm:The Facebook post from TheatreWorks referred to above was online as of 11:30 am as this post was being prepared, but was subsequently removed. However, the same post still appears, for the time being, in the comments section of a review of the production on the Facebook page of the online On Stage magazine.

Update, December 9, 8 pm: Earlier today, several hours after this piece was first posted, I spoke briefly with Darko Tresnjak, who I know casually. He spoke of being “freaked out” at discovering the remarkable similarities between his production of Bell, Book and Candle and the nearby production in New Milford. Tresnjak noted that it had come on the heels of discovering that a Swedish production of A Gentleman’s Guide To Love And Murder (Tresnjak won a Tony for directing the Broadway production) had copied Linda Cho’s costume designs, noting they replicated specifics which were in no way indicated in the text and must have been gleaned from photos and videos online. He also described to me particular choices he had made with his designers on BB&C, which were quite distinct from the show’s original Broadway production and in no way indicated in the printed script.

“I don’t want to be petty, but I’m upset,” said Tresnjak. He said he was speaking out because, “It’s just not right. If you let it happen, it will happen.”

Update, December 10, 9 am: TheatreWorks has canceled performances of Bell, Book and Candle until further notice. It was announced on their Facebook page at midnight.

Correction: An earlier version of this post misidentified the designer of the original production of Sweeney Todd. It now appears correctly in the text.

Howard Sherman is director of the Arts Integrity Initiative at The New School College of Performing Arts.

Tagged Alexander Dodge, Bell Book and Candle, Darko Tresnjak, Hartford Stage, John van Druten, Joseph Russo, Long Wharf Theatre, TheatreWorks New Milford