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Category Archives: Theatre law

Is Spiderman working without a net (profit) on Broadway

The Hollywood Reporter reports that the $65 Million production of Spiderman on Broadway will take two or three years running at 100% capacity to recoup its investment. Now, historically, multi-year runs at 100% capacity are the rare exception.  So, why would the backers for Spiderman take such a flying leap? Well,  Spiderman is a tremendously… Continue Reading

Coming Soon: My Podcast Law and Theatre Law (e)Books!

I am very pleased to announce the forthcoming release of two books I’ve written. The Podcast, Blog & New Media Producer’s Legal Survival Guide The Podcast, Blog & New Media Producer’s Legal Field Guide will be released and launched at the Blogworld New Media Expo in Las Vegas on October 15th, 2010. This book, (first available… Continue Reading

How Musical Theater projects get financed

Starting next Tuesday, I’ll be leading a theater financing workshop at the Academy For New Musical Theater. If you’re interested, it’s not too late to sign up! Just Visit ANMT.org, by clicking the links below. HOW DOES A MUSICAL GET FINANCED? Thinking about producing yourself? Wondering what makes producers tick? Looking for financing for your… Continue Reading

Should there be a “Director’s Copyright” in stage directions? (Reader survey)

I’ve recently been grappling with a question of whether a theater director’s efforts to stage a play or musical can be protected by copyright. Now, at first blush, this might seem a simple  issue, but it’s actually rather complex.  The parameters established by  copyright law itself, are inconsistent with the custom and practice in the… Continue Reading

Asked & Answered: Video/Film/recording performances of plays.

Q: I work in educational theater. Every year we revisit the same topic: Filming performances. I keep telling the director and others that it is simply not legal to record a performance. The response I always hear is that they never sell the film. They are only making an “archival copy” which is given to… Continue Reading

Proposed “reform” bill puts investor financing at risk.

Legislation  presented by U.S. Senate Banking Committee chairman, Chris Dodd is working its way through the legislative process.  The proposed “Restoring American Financial Stability Act of 2009”  could make it significantly harder for film producers to utilize some of the most common investor-financing models to fund the budgets of their films. The bill is viewed… Continue Reading

Who owns a play that’s partly improvised?

Last week, a colleague asked me the following question: If an actor improvises lines in a play, and the “author”/director of the play later wishes to write a screenplay which incorporates the actor’s improvised dialogue, does he have to obtain rights to that dialogue?  What is the written (or unwritten) rule regarding the incorporation of… Continue Reading

Smoking Bans and the First Amendment…free speech goes up in smoke in Colorado.

The Colorado Supreme Court has dealt another blow to the First Amendment, holding that public health concerns trump the First Amendment in cases involving bans on smoking. Curious Theatre v. Colorado Department of Health and Public Environment The Colorado Clean Indoor Air Act (which went into effect in 2006) prohibits indoor smoking of tobacco and… Continue Reading

Jeremy Piven is Off The Hook. Fish story satisfies arbitrator.

THR Esq. reports today that Jeremy Piven’s mercury poisoning excuse for leaving the Broadway production of “Speed The Plow” last season is sufficient, and he’ll not be liable to the producers for breach of contract, or other claims. Here’s the story: Arbitrator accepts Jeremy Piven’s sushi explanation–THR, Esq. – Entertainment and Media Law. Interestingly, the… Continue Reading

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