“Hamilton,” the smash-hit Broadway musical that has drawn universal praise for its diverse casting, may be in hot water over the thing that made it so special to begin with. CBS2 reports that the latest casting notice has drawn ire from a New York attorney over the fact that it specifically requests “non-white men and women” to audition for roles.

Randolph McLaughlin, a civil rights attorney, claims that the casting notice is in violation of the New York City Human Rights Law. The law declares it unlawful for any advertisement or publication relating to employment to express “directly or indirectly, any limitation, specification or discrimination” as to “race, creed, color,” among other characteristics.

While a press representative told CBS2 reporters that the ad was approved by Actor’s Equity, the Broadway union, an Actor’s Equity spokeswoman told Fortune that the ad was not in compliance with its standards and was not approved by the union.

Lin-Manuel Miranda, the show’s creator and star, has been outspoken in the past about the deliberate intention to cast minorities in these roles. He told The Hollywood Reporter:

In ‘Hamilton,’ we’re telling the stories of old, dead white men but we’re using actors of color, and that makes the story more immediate and more accessible to a contemporary audience. You don’t distance the audience by putting an actor of color in a role that you would think of as default Caucasian. No, you excite people and you draw them in.

A publicist for the show later provided a statement to Fortune that emphasized that the show did not break any laws through this posting. He said:

 The producers of Hamilton regret the confusion that’s arisen from the recent posting of an open call casting notice for the show. It is essential to the storytelling of Hamilton that the principal roles—which were written for non-white characters (excepting King George)—be performed by non-white actors. This adheres to the accepted practice that certain characteristics in certain roles constitute a ‘bona fide occupational qualification’ that is legal.

So, there you have it: it looks like “Hamilton” fans need not be too concerned. And considering the intense demand for tickets (seriously…good luck getting tickets before 2018) it is doubtful that the show’s future will be affected by this controversy. With fans like President Obama, Beyonce, and practically any other famous person you could think of, it seems like the “Hamilton” train isn’t slowing down anytime soon.

Mariam Jaffery

Mariam was an Executive Assistant at Law Street Media and a native of Northern Virginia. She has a B.A. in International Affairs with a minor in Business Administration from George Washington University. Contact Mariam at mjaffery@lawstreetmedia.com.

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Thomas DeVito, an original member of the Four Season, contracted with a book publisher to write his autobiography three decades ago. They decided that Rex Woodward would help DeVito with the ghostwriting and the pair would split the proceeds from the book. Though they completed it,  the book was never published it. In 1991, unbeknownst to Woodward, DeVito registered the book with the United States Copyright Office just four months before Woodward died. DeVito and fellow Four Seasons member Nicholas Macioci executed an agreement nearly ten years later with two other Four Seasons members, Frankie Valli and Bob Gaudio, that granted Valli and Gaudio the exclusive rights to “use and incorporate the Materials [from the unpublished book] in one or more theatrical productions, and any and all ancillary and subsidiary exploitations thereof,” which later became the smash Broadway hit, Jersey Boys.

Shortly before Jersey Boys debuted, Woodward’s widow, Donna Corbello, found out about DeVito’s contractual arrangement with Valli and Gaudio when she tried to publish her late husband’s autobiography to no avail. Corbello then added Woodward’s name on an amended certificate with the Copyright Office as a co-author of the unpublished book. As a widow, she received her husband’s copyright interest in the unpublished book and then sued the producers of Jersey Boys, claiming that the show was a derivative work of the unpublished book, and that Corbello, as heir to her husband’s copyright interest, was entitled to its profits.

The dispute was litigated and appealed in federal court. On Tuesday, the Ninth Circuit issued its opinion: the play was a derivative work, and by entering into the exclusive agreement with Valli and Gaudio, DeVito had effectively transferred his and Woodward’s copyright interests in derivative works. Moreover, since DeVito and Woodward are co-owners to the copyright of the unpublished autobiography, DeVito had to account for any profits made because of the agreement he entered into with Valli and Gaudio.  Thus, Corbello would be entitled to profits from Jersey Boys.

Nevertheless, there is still an issue that caused the Ninth Circuit to remand its decision back to the district court. There is a question of whether the reversionary clause in the agreement with Valli and Gaudio would terminate Valli and Gaudio’s exclusive rights to the play, which may render the producers of Jersey Boys copyright infringers of Corbello.

The Ninth Circuit points to the grant of rights clause in the 1999 agreement, which stated that the rights granted would continue if production for Jersey Boys could start in a timely fashion, according to the Hollywood Reporter. If production was not timely, then the rights to the play would revert to Woodward, and the producers of Jersey Boys could potentially be infringers of Woodward copyright.

Joseph Perry

Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

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