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Theatre Lawyer

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Theatre Law Blog Posts

Theatre Producers make historic vote to form L.A. League

Theatre Producers make historic vote to form L.A. League

On Sunday, May 20, 2012 a little bit of L.A. Theatre history was made. I was honored to be among a crowd of L.A. based 99-seat theatre producers meeting at the Kirk Douglas theatre to discuss the way forward in dealing with the various issues confronting the theatre business (and art) in Los Angeles.

A series of meetings of 99-seat producers

The meeting was the fourth in a series of caucuses where the various stakeholders raised their concerns, problems, challenges and formulae for success. Chief among the challenges addressed are those surrounding union contracts and complying with the rules under the 99-seat (waiver) plan. The series of meetings was coordinated and facilitated by the staff of the L.A. Stage Alliance

Unanimous Vote

What came to pass at this meeting is quite remarkable. A room full of producers with a wide variety of concerns voted unanimously to form a new, independent organization, a trade association that will act as a producer’s league/council to speak with a single voice on behalf of all Los Angeles producers (not just 99-seat producers, but mid- and larger-sized producers as well).

The new group will work in tandem with the 99-seat Review Committee, the group that’s been in place to deal with Actor’s Equity Association since the settlement agreement that ended the so-called “Waiver Wars” of the late 1980′s.

Work ahead

This is, of course, merely the first step down a long road. In fact, the organization doesn’t yet even have a name, leadership structure or mission statement. All of that will take more meetings, a great deal of discussion, and, I expect, some compromise by all concerned. Such is the nature of beginnings, and I for one look forward to being a part of the process.

Get involved

If you’re a producer in Los Angeles, at any level of production, you will want to participate in these discussions. If you haven’t been invited to the meetings already held over the past few months, contact the L.A. Stage Alliance to make sure your information is added to the list.

 

Additional Reading

 

Time for  a Producer’s Organization

Quoted on ReelGrok about Crowdfunding and the JOBS Act

ReelGrok about the new crowdfunding rules to be implemented following President Obama’s signing of the JOBS ACT Thursday.  In the interview, I expressed my view that while the relaxation of the rules on how prospective investors can be approached for financing is a potential boon to theatre producers and indie filmmakers, the  need to scrupulously comply with the anti-fraud rules for such offerings remains.  With the new law, small businesses may find it easer to approach investors, but those investors will need to be vigilant in protecting their interests.  The potential for fraud is really quite high.

Read the Article here:

Obama Signs Jobs Act
Crowdfunding to Boost Indie Filmmaking

Broadway’s Spiderman: weaving a tangled web

Spider-Man: Turn Off the Dark promotional poster.

Image via Wikipedia

When Spiderman:Turn Off The Dark’s original writer/director ,Julie Taymor, sued the show’s producers late in 2011, nobody was particularly surprised. Ms. Taymor’s lawsuit alleged numerous counts, including the obvious breaches of contract, and the not-so-obvious copyright infringement claims. That suit seeks millions in unpaid fees and royalties allegedly due Taymor, and an order enjoining the producers from using Taymor’s material in any subsequent productions, tours, or other derivatives based on the collossally expensive broadway musical she co-authored with U2′s Bono and The Edge. Observers found little to raise eyebrows about in Taymor’s lawsuit, and have been waiting since November to hear the producers’ side of the story.

Well, the other day, that story came out. The producers have responded to Taymor’s suit with explosive allegations that the academy-award nominated and Tony winning director-bookwriter fundamentally failed to render the services she was hired to perform, instead advancing a story line and overall ‘feel’ of the show that stood contrary to what producers repeatedly requested, and audiences seemingly wanted. With the show in often-extended previews, it was obvious that major changes would be needed. But, the producers indicate, Taymor resisted, arguing against paying attention to audience response. The producers lay the blame for the beleaguered show’s cost overruns, cast and crew injuries, and poor critical response squarely on Ms. Taymor’s shoulders.

At times, the counterclaim reads like a comic book storyline in its own right. The producers cast themselves in the role of the show’s saviors who “engaged in superhuman efforts to save the Musical,” including investing many additional millions of dollars in the show, snatching victory from the jaws of defeat.

The counterclaims contend that due to “the delays and increased expense due to Taymor’s actions,” the producers had to replace her “in order for the show to survive, and for it to continue to provide jobs to the cast and crew and allow investors to recoup their investment.” Following those changes, they say, the Spider-Man Musical is now a hit. “The show is a success despite Taymor, not because of her.”

Well, obviously, this case is one we’ll be watching closely. If it goes that far, the trial will be an enlightening look behind the scenes into the development, financing and production of this, the most expensive Broadway musical ever produced. The drama in the courtroom is likely to be better than the spectacle playing nightly at the Foxwoods Theatre.

What you absolutely must know before you approach investors for your film / play / musical.

photo via flickr (bschmove) under Creative Commons License

I am often consulted by film and stage producers who tell me they’re ready to start work on raising the financing for their films/ plays/ musicals, or what-have-you, but often as not,  as we get to work, it becomes clear that they’re not as ready as they think. Before going out to investors, it’s important to have your ducks in a row.

Knowing the following six things before you start raising money will dramatically streamline the process, and get you closer to funding, faster.

1. Know your product.

What is a producer’s product? Well, it seems obvious, right? A film/show about X, Y and Z. But is it really? Well, at this point, you’re talking about maybe someday making a film about X, Y, and Z… but that’s not a product (yet)… it’s a dream. Right now… while you’re “in development” your product is an investment opportunity.  Now, of course you’ve got to have a script, a crew, cast and a plan… and you’d better know who’s going to come see the thing and why.

Ask the readers: What do YOU want to know about the theatre business

Will you help me help you?  I’ve prepared the following one-question survey about the theatre business.     Please take a moment to let me know what you would like to know about producing theatre.

Thanks.

Create your free online surveys with SurveyMonkey, the world’s leading questionnaire tool.

Why theatres ban photography, even before the show.

If you’ve been to the theatre recently, you may have noticed ushers admonishing patrons against taking pictures, even before the show begins. In this Article from Playbill.com, several explanations are offered. Tweet

Subsidiary Rights Clauses in Theatrical Production Contracts. What’s the big deal?

One of the most heatedly negotiated provisions in theatrical production licenses these days is the Subsidiary Rights Clause. In this post, I’ll briefly explain what subsidiary rights are, and why they’re such a big issue for producers and authors alike.

The merging of Book, Lyrics and Music in theatrical collaborations: A complex and frequently mishandled issue.

The contractual provision between collaborators that determines when their respective contributions to the work become a single unified whole is a tricky, and often overlooked provision which can have long-lasting consequences.

Congratulations to our friend Cricket Myers

Earlier this week, the Tony nominations were announced, and my friend Cricket Myers was honored with a nomination for her work on “Bengal Tiger at the Baghdad Zoo“, starring Robin Williams. Congratulations Cricket! Tweet

Court ruling may have implications for theatre owners, managers and producers

The Case of Feldman v. Pro Football, Inc. __ F.3d __, Nos. 09-1021, 09-1023, decided on March 25th, 2011 isn’t, strictly speaking, an entertainment law case, but it could have implications for clients in the theatre business, who struggle with decisions about how to accommodate patrons with disabilities.