Gordon Firemark -Top Los Angeles Theatre & Film Entertainment Lawyer

Theatre

Our Services in the field of Theatre Include:

  • Talent Representation
  • Rights Acquisition, Development
  • Counseling and representing producers, playwrights, actors, directors and designers
  • Structuring financing and production entities
  • Production Agreements
  • Co-Production Agreements
  • Enhancement Money deals
  • Production services, including cast and crew, facilities, and rights deals
  • Booking, Touring and Presentation agreements
  • NonProfit organizations – Formations, Bylaws, Minutes, and operational documentation.
  • Licenses & Permits
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Theatre Law Blog Posts

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.

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 author(s) of a play or musical own  the copyright in their work, and thus the right to the proceeds therefrom

Unlike a screenwriter, whose work is generally “made for hire”, and therefore belongs to the producer, the author(s) of a play or musical own  the copyright in the work, and are therefore  entitled to receive  proceeds from all exploitation of the show, including all subsequent productions, publication or other exploitations, such as the sale of movie or television rights, cast album rights, etc.

Authors recognize, however, that the contribution a producer makes by developing, producing and building an audience, reputation, and track-record for a show adds tremendous value.     Thus,  for larger scale productions in Regional, off-Broadway and Broadway theatres, Authors often grant Producers a percentage of income derived from exploitation of these so-called “subsidiary rights”.

Threshold for participation

Typically, the producer  must present a threshold number of  paid, public performances before his interest in subsidiary rights vests, and the percentage in question will often increase  as the production achieves various milestones.  For example,  after the producer has presented 22 paid, public performances, he may be entitled to participate in 5% of the show’s subsidiary rights.  Then, after 42 performances, the percentage may increase to 10%, and so on.  Typically, subsidiary rights participations will top out at around 40%.

Notwithstanding the value-added by a successful production, Producers and Playwrights also recognize that this value  dissipates over time. Consequently, the producer’s right to participate in subsidiary rights is typically limited to a time-window of 5 – 10 years, after which the success of the play is attributable to the authors’ contribution, rather than to any particular production.

Other limitations can be placed on subsidiary rights participation, depending on the specific circumstances.  For example  Film and TV rights may be treated differently than revenues from stock- and amateur productions. Likewise, with musicals, certain streams of income from the music may be excluded completely from the producer’s subsidiary rights participation.

Smaller theatres seeking subsidiary rights

There has been, in recent years, a trend of smaller producers and theatre companies to demand subsidiary rights  in consideration of  their productions of new plays. Producers argue that they are investing vast sums to mount a production of a new work, and their potential box-office revenues are unlikely to meet these expenses.  Thus, they argue, they must share in the play’s “back-end” to justify the financial risk they take.

Wise authors will resist granting subsidiary rights participations to smaller producers unless the play is presented very successfully.

In many cases, authors are eager to see their material produced, and make significant concessions on this front.  Experience shows, however, that a small, local production of a new play adds rather little in terms of value to the show in the long-run.  Wise authors will resist granting subsidiary rights participations to smaller producers unless the play is presented very successfully.  Since the authors will again be asked for subsidiary rights when the material is produced on a larger scale, they should be wary of giving away too many slices of the revenue pie to early in the life of the play.

An interesting trend

An interesting trend among the larger LORT theatres has been to stop requiring a subsidiary rights participation in new plays they produce.  These organizations acknowledge that these participations represent a relatively small portion of their annual income, but a relatively large amount of author’s income,  so they’ve decided to let playwrights reap full the rewards of their efforts.

If you’re contemplating a license for production of a play or musical (whether as author, producer or in some other capacity), it’s important to consult with a skilled, knowledgeable theatrical attorney to draw up the contracts.  Call me at 310-443-4185, and  I’ll be glad to help.

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!

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.

Is your theatre or production in danger of an ADA lawsuit?

People with disabilities want to go to the theatre too. Lawsuits against theatre operators and producers, claiming failure to comply with the Americans with Disabilities Act are on the rise. These claims suggest that assistive listening devices, audio description, and other services might be required for theatres to accommodate the deaf and blind and those with other disabilities.

Will Spiderman’s bad reviews matter, or has the superhero already caught audiences in his web?

Earlier this week, the New York Theatre Critics broke with long standing tradition and reviewed a show while it is still in Previews.  The mostly bad reviews of “Spiderman: Turn Off The Dark” came out the day after one of the oft-rescheduled opening dates.  Clearly the critics have had enough, figuring (I think correctly), that when…