Search Results

Keyword: ‘Ralph Sevush’

Subsidiary Rights — Ralph Sevush/David Faux

June 13th, 2011 2 comments

Subsidiary Rights

I went to several presentations by Ralph Sevush, Executive Director for the Dramatist’s Guild; often, he was accompanied by David Faux, Director of Business Affairs, whom I met at the Cleveland event hosted by CPT: Holding Our Tongues: Censorship in the Theatre. These were some of the most valuable and astonishing talks. Probably the most astonishing point, a truly horrifying point, brought up during the talks being attempts by directors to attach copyright ownership to playwright scripts for changes in stage directions. My God!

Faux began by discussing the terminology of Subsidiary Rights: common understanding being — corporate — wholly owned subsidiary — this thing that exists for the benefit of the other thing. They both went on to discuss that in any main production of a play/musical — certain rights are triggered; and that these rights exist purely due to the main production; successful productions have other descendants: for instance, a successful play may result in publication, which is a subsidiary right: another production elsewhere at a higher level of prestige, a movie, etc.

 

Probably one of the most troubling things that Sevush pointed out is that there are works can get encumbered to the point that they are unproduceable. This led Sevush to caution that playwrights must pay attention to what is happening at the front end of the process. For example, a play gets produced in 2 LORT theaters at 5% each and has an equity showcase at 5% and a director has attached some % to it; by the time the show gets to NY there is already upwards of 15%-20% taken off the top. This may result in not enough of a %age left to make a producer interested in the show: and so it never gets produced. That is frightening.

Often subsidiary rights have to do with proximity to the event or direct lineage of benefits (subsequent to). That is, if a show is doing great and someone in the audience says, hey we should make a movie of this, there is a connection between the production and the movie, that triggers certain subsidiary rights. However, if a movie of a play is made 10 years after it has been staged, that connection is no longer direct and subsidiary rights may not be triggered.

Additionally, during a production contracts often grant rights to a producer–stage production, tchachkes, souvenirs, albums (ancillary); but there are rights that you reserve.

For the explicit record, a playwright owns his/her play.

During any production the producer gets limited license; as the playwright you own the right to re-license; tabloid productions; derivative works; subsidiary rights are rights subsequent to a production and do not have anything to do with the main rights—or Grand Rights, of ownership of the script property.

Producers make profits from the production, as do investors. But often it may not be enticing enough for the investors to simply back a play; so they are enticed by participating in a revenue stream that goes beyond the production; that is, by promotions, souvenirs, etc., producers assert that “we have added value that goes beyond the original production” (producer) – and that investors will get a piece.

Sevush notes that this line of thinking was important when shows had to pay for themselves; but that as time goes on there are changes, especially with non-profit “producers” entering the picture. Further, that it is not the same rationale for NonProfit theaters to advance the initial rationale (revenue stream); that ForProfit producers advanced.

Broadway model of subsidiary rights: 40% of revenue for 18 years subsidiary rights share (model from broadway) just to open (that is, the play opens one night and then closes). Think “The Producers” begging for a flop.

Sevush proffered an equation: %, duration, territory = parameters get negotiated (how much, for how long, where). That is, the percent of the revenue share, the amount of time over which that share will persist; the scope of the territory or domain in which that rule applies.

Broadway producers get the greatest commercial share of subsidiary rights, usually descending (40% 10 years, 35% next year, 30% next, etc.); get a certain percentage for film over the lifetime of the deal.

40% for 10 years (off broadway); 21 performances with a press opening gets 10%; 32 performances gets 20%, etc. scales. Industry standard

LORT = 5% for 5 years (standard) concession by DG; though a concession based on not fighting about it; this is being re-considered now by the Guild.

For a show produced on Broadway the territory is US and Canada.

Sevush encouraged those in attendance to think of subsidiary rights as a rock in a pond (broadway is a big rock). There are different rights based on the venue and purpose of the event: equity showcase; LA equity waiver for spaces with less than 99 seats, etc.

Sevush posits the question: what value have the producers added? reviews? etc

Sometimes they’ll ask 2-3% equity showcase; what does the author get on the front end? if the producer gives you no $$ / royalty, etc. then they should not be asking for $$ on the back end. If you paid me nothing, why am I paying you?

What has troubled Sevush is the expansion of this approach to taxing subrights for developmental workshops and festivals; as Sevush points out, theaters haven’t even produced your work, you have self-produced (in a festival) fee to apply, likely a participation fee, pay a chunk of the box office (if you get anything), and you don’t control the schedule, location, press, etc. AND these theaters want subsidiary rights, perhaps something like 2% for 7 years.

Sevush is even more incredulous when looking at Not-for-Profit; that these theaters get the benefit of tax exemption and exist for charitable purposes so they should be taking the risk of a for-profit theater w/o sticking it to the artist.

I both agree and disagree with this perspective; having received a Certificate of Non-Profit Management at Case, I know that the notion that Non-Profits not profit from something is misconceived. The signature point of Non-Profit status being that any financial benefits may not “inure” to any individual. That is, money that goes into a Non-Profit must, by law, go to the organization and not to any individual, i.e. shareholder, as in a For-Profit corporate model. I do agree with Sevush that there is a charitable purpose for which these organizations exist and that the “shareholder” who should benefit (or one of them) from the operations of the NP is the artist; and that NPs that gouge artists are looking in the wrong place; as Sevush points out in his article in the Sept/Oct 2010 issue of The Dramatist. (However, I will point out that PBS has suffered for never adequately taking steps to recoup %ages from Sesame Street back in the day.)

Some definition was given to theater classes:
1st class (broadway 1,000 seat theaters, actors, etc at top of their rates)
2nd (500 seat houses, etc)

Middle tier theaters tend to be non-profit; often plays will be produced with regional theatres and those theaters will take the hit but a certain % will be loaded into contracts so that they benefit from future rights in NY if it goes to Broadway, for instance. Pay option rights for future.

Must keep in mind the question “What is the value added?” Not just perception, but the actual amt of $$ they’ve invested in the production. For instance, Sevush asks, “If you’re produced in Peoria are you getting the same value as if you’re produced in NY?” For instance, Samuel French will not publish the print copy of a play if the show has not been produced at a commercial or Non-Profit theater in NY.

Goal for contracts will try to get the larger production share to be picked up by the next producer up–so if you option 5% of your subsidiary rights to Peoria and the show goes to Broadway where they take 40%, you want to get a contract that has the initial 5% absorbed into that 40%.

Probably one of the most troubling things that Sevush pointed out is that there are works can get encumbered to the point that they are unproduceable. This led Sevush to caution that playwrights must pay attention to what is happening at the front end of the process. For example, a play gets produced in 2 LORT theaters at 5% each and has an equity showcase at 5% and a director has attached some % to it; by the time the show gets to NY there is already upwards of 15%-20% taken off the top. This may result in not enough of a %age left to make a producer interested and the show: and so it never gets produced. That is frightening.

You own the property; if they want a piece they have to come to you.

Examples of when %ages might be requested: Actors where there is an improvisational component; Directors might want; 0-10% based on a “good production”; Dramaturg might want a piece (RENT case).

The Playwright licenses the play to the producer who then hires the director; so you as a playwright should NEVER sign any agreement with the director.

Scenic designers can get re-use fees if the design is re-used, but the producer should pay this fee and it should not come out of the playwright’s contract based on %ages.

Book doctors/script doctors. Commmercial. Producer can replace the author if the work is based on an underlying original work. The producer owns the underlying rights of the work.

SDC (society of directors and choreographers) they are a union; they are employees; they get paid fees, have health insurance, etc. That is, a writer runs the risk of never getting anything (no read, no produce, etc) but a writer is not similarly situated with a director–who has certain benefits.

Article — DG is attempting to role back some of the rights that np theaters have presumed to take with regard to subsidiary rights. For instance, the NY Public has waived its interest in the first $75,000 the author makes after the production. Still 10% over 10 years. “Windfall”. There’s other ways, fees up front and % of the door to the theater, with no subsidiary rights. LORT 5-7%.

Publication rights (Sam French) if the play wins the festival. When you sign up for the festival there are certain things that you agree to.

Regional Dramatists Guild Meeting

July 25th, 2011 1 comment

The following post is a summation of notes that I and several other playwrights took at a recent gathering of local playwrights where-in we shared our experiences and thoughts on each of our trips across the country to national events. The events included: the Dramatists Guild’s first ever conference: “Playwrights in Mind: A National Conversation” at George Mason University in Fairfax, Virginia; One Theatre World 2011, a conference on Theater for Young Audiences hosted by Seattle Children’s Theatre; the WordBRIDGE Playwright’s Laboratory at Towson University near Baltimore, Maryland; and the Theater Communication Group Conference: TCG at 50: What if…, in Los Angeles, California. In addition to reporting back on our experiences at the conferences, thoughts were shared on other topics throughout the evening.

Dramatists Guild

Playwrights in Mind” convened at George Mason University, June 9-12, Fairfax, Virginia. Under the dynamic leadership of Gary Garrison, DG’s Executive Director for Creative Affairs, the conference was judged a huge success. Estimated attendance: 350. This number included a stunning array of national talent: among them, Craig Carnelia, Kirsten Childs, Christopher Durang, Carol Hall, Mark Hollmann, David Ives, Greg Kotis, Emily Mann, Susan Miller, Marsha Norman, Jeffrey Sweet, Stephen Schwartz, Georgia Stitt, and Doug Wright. All of the presenters, including several DG staff and artists from all over the country, kept the momentum going, sharing a generous mix of craft/career advice and creative inspiration.

Faye [Sholiton]:  The first national conference of the Dramatists Guild was truly a national celebration of playwrights, composers, musicians and creators of live theatre. The organization (with 22 regions and more anticipated) is now a major presence around the country. Each region hosts meetings, workshops and other events, many of which draw national officials as presenters. Regional reps exchanged ideas on programming and ways to utilize local resources and visiting artists. The guild is committed to building a supportive and enthusiastic theatre community. It was made clear that the goal is not so much about membership recruitment as it is about community building – and that we are more concerned about providing service and support than setting attendance records.

Faye mentioned that she would like story ideas for the Dramatist; she has recently written about Mike Oatman and the Cleveland Arts Prize.  The story is told of Oatman’s new black T-shirt for the event.

Discussion turned to reporting some things about the DG conference, including that of the DG website upgrades, and comments were made regarding the session at the George Mason conference about the website.

Mention was made that the restrictions on membership in the Dramatists Guild have been loosened.  I am not sure about this area of the notes as I am not familiar with the former requirements regarding Broadway productions, etc.  But, as I understand it, one now need only show a program and pay an increased fee to be eligible for higher membership levels.

There was general agreement that Gary Garrison is a dynamic and vibrant leader, and that leaders determine or predict the success and direction of an organization and that Gary is a positive force.

Here Deb took over and started discussing her experience at the Dramatists Guild conference with an initial discussion of Jeffrey Sweet and his talk “Improvising your Play.”  And the encouragement to improvise your play off of an outline.  Lots of sessions, interviews, interactives, lectures, a mix.

On Christopher Durang: “This is your life” and his talk never got past 1978. 

A lot of talks and sessions on craft and theory, nuts and bolts of the business, working with and agent, without an agent, negotiation techniques, mythology in playwriting.  Karen Hall was there and on the panel and she really knew her business.  Adaptation panel.

Deb [Magid] came back extremely energized.

Deb mentioned America Now and Here: http://americanowandhere.org/ and Marsha Norman, Jon Robin Baitz, twenty-one playwrights. Arts at the center in dealing with the consequence of 9/11 and the subsequent effect on the American psyche – xenophobia, etc.

Deb discussed how Todd London depressed everyone with his talk, but then lifted everyone (or attempted to) in the last 5 minutes, with regard to the state of the theater and the playwrights in it. (Outrageous Fortune)

Deb went to the Haiku Project.  Very engaging as it was a playwright and a visual artist.  Looked at the visual perspective: forms, rhythm, structure, color; and then at the storytelling perspective.

Everyone was massively energized by the event.  Another workshop or session used clippings in a bag as the writing prompt: color, name of a relative, etc.  Deb noted that something there spoke to someone—there was a great array offered such that all comers had the opportunity to get something out of the conference.  Play readings, Theater of the First Amendment. http://www.theaterofthefirstamendment.org/

Deb mentioned that, and then undertook a serious effort to find, all of the sessions that were recorded from the DG conference. (See links)

Tom [Hayes] talked next.  The big take away for him from the Dramatists Guild meeting is that playwrights need to get off their butts and start producing their own work.  There is too much reliance on old models, which aren’t working any more for the majority of playwrights.  Theaters have piles of scripts/synopses that they can’t get through, they rarely select works that are new and look for playwrights with track records for success or “old” playwrights or adaptations or other means of getting people into theaters that don’t take into consideration new voices and new perspectives—so, if you want your work produced you better get rid of any passive notions you have about sitting back while a director and actors and others create your play because increasingly it will be the writer finding space, finding a director (or directing), running the lights or sound, etc.  The do-it-yourself era is upon us. And in many ways this is a good thing—a freeing thing.  And it offers the possibility of getting in touch with the “let’s pretend” portion of our psyches that existed when we were children and making plays and acting in plays and staging them was something that was fun and not something drab and political and merciless.

Tom went to quite a few talks by Ralph Sevush, Executive Director of Business Affairs for the Dramatists Guild.  Sevush talked quite a bit about copyright, other people’s property, and subsidiary rights.  All of these talks Tom discusses at length on his blog (http://www.weebelly.com).  The conversation at the meeting took off a bit on some issues, including the claims by director John Rando that he owned the stage directions to Urinetown; and the way subsidiary rights can eat away at the production potential of plays.

Tom also discussed the keynote talk by Julie Jordan on Gender Parity in the theater, which was an emotional talk that stuck with him.

Finally, Tom briefly mentioned the notion of creating Web Series (Susan Miller’s talk); that is, writing television for the web and a project that he is working on with a peer to create episodic pieces for the theater (i.e. television for theater); working under the name Illiterite Theatre (with the tagline “theater that will rot your brain”).

Faye discussed her interview with Doug Wright and said how it killed her not to be able to take notes while he was speaking. She highlighted some of his insights, including his statement about the role of the artist: that we are the most uncompromising moral force today, more than all those institutions set up to give us guidance. Wright talked about how he initially feared that a stage production of Grey Gardens would destroy the very thing that made the movie so wonderful: its verisimilitude. And how two years later, the collaborators had a draft of the play. On Quills Wright noted that the positioning of Jesse Helms and Robert Maplethorpe was very influential—that they were painted as opposites and yet their antagonism (from the perspective of the press) worked out very well for both of them.  Here was one of Wright’s true zingers, that the “censor is the most reliable muse.”  Also, Wright talked about the importance of The Little Mermaid to the transgender community because they can identify with the fact that you have to change what is below your waist in order to find true love. (Quotes available at http://www.pdc1.org/viewthisblog.php?post=129)

Faye attended the Dream Workshop and is a big proponent of writing down dreams.  She mentioned that she received a worksheet on dreams and creativity which perhaps she will share.

Faye noted the Spirit of Giving that was present.  That staff would race to get copies of materials that ran out.  There were troubleshooters everywhere.  There were instances when there were too many people for a space and so the location was immediately changed and everyone just got up and moved. 

Faye mentioned that she has some of Doug Wright’s scripts which are signed and that perhaps they can be raffled off to raise $$ for local DG programming.  Faye is adamant that there will be no $$ charged for any DG event.

General commentary from those who went to the DG ensued discussing how impressive it was that each of the notable writers went to each other’s sessions and sat in the audience.   That they were very approachable and open to people when they came up to talk with them.

Several speakers addressed how to self-produce theatre, noting this is becoming a national trend. Faye is hoping to organize a DIY workshop in the coming months for the Ohio Region.

There was general discussion about whether or not it is permissible to use your own student’s life in your plays…that is, a student whom you’re teaching tells you his/her stories, can you use them?

Faye discussed David Ives approach to playwriting, which apparently includes his knowing the ending of the play before he starts.  Lively discussion followed with speculation as to whether or not Shakespeare knew the end of his play before writing…or Stoppard, for that matter.

One Theatre World 2011

Jacqi Loewy, Assistant Professor of Communication and Theatre, Notre Dame College, discussed her trip to Seattle for the One Theatre World 2011 conference on Theater for Young Audiences, hosted by Seattle Children’s Theatre.  Besides Tim Webb (who was the Keynote Speaker), workshops/speakers of note: Steven Dietz, Laurie Brooks and Garry Golden. It’s iTheatrics who produce the Musical in a Day workshops.

Jacqi, being responsible for a theater program, felt that NE Ohio did not need another theater program, per se, but could use a theater program for Young Audiences.

Jacqi noted that the first person she saw at the conference was Colleen Porter from Playhouse Square.  Jacqi described the experience as energizing and amazing.

Highlights:

A workshop with Tim Webb, from Oily Cart, in England. (www.oilycart.org.uk ) They work with kids with profound disabilities, using all the senses.  Seeing many live performances and enjoying talkbacks. Learning about groups with success stories. Of note: Book It Productions (www.book-it.org), teaches literacy through drama. And one group mounted a memorable one-time performance of ANNIE – in a single day.

Plays tend to revolve around “issues” i.e. drugs. TYA identified bullying as a theme deserving of everyone’s focus. Every company pledged to create a program on the subject over the two years, until they convene again. Anti-drug plays continue to be a theme as well.

There were teachers teaching literacy via theater (i.e. theater of the people or People Theater, a la Augusto Boal.

Jacqi was enthusiastic as she met people who are doing what she wants to do and that they were very open to sharing and she felt compelled to hit the ground running before someone else “does it here.”

There were a lot of performances. Wed – Sat. Every day, every hour – a play was being done.  Sign up. See. Feedback, talkbacks. Kaiser Permanente was convinced to give $$ up front for a theater group to write whatever.  Corporations want in on the education bandwagon. Arts are the way to educate.

There was the question as to who owns the work (art) once it’s done.  Essentially and up-front question: is it work for hire or is the artist being given a grant to create work.  Many corporations want to re-use the work, so it is work for hire and branded and once the piece is done it belongs to the company that paid for it.

Jacqi mentioned that she started her career as a TYA actor in New York (Bugs Bunny and Wonder Woman)—many equity actors get their start this way. Academic perspective she was prepared…?

Commentary about Seattle being a big theater place in the 90s; that Seattle was big for everything in the 90s (Microsoft, grunge music, theater, arts, etc).  Jacqi was blunt about the notion that B-City people view themselves as being deprived, but she is impressed at how much opportunity there is—in both Seattle and Cleveland and that artists just need to get up and motivate and do-it-yourself. Which brings us back to one take away from the Dramatists Guild conference.

Not a lot of TYA is being taught at the university level, although University of Texas (Austin) has a large program. They invited others to come and see what they do. This participant attended the conference to begin a program at a Cleveland-area college.

Although finances remain the biggest obstacle to presenting children’s theatre, there is one hopeful trend: the corporate world is discovering the value of theatre/arts in education, and corporations are getting on the education bandwagon. Playwrights are being awarded commissions from $3,000 to $20,000 to write for kids. Sometimes this means that the playwright must relinquish ownership of the work and many have done so. Companies want to use the work to establish a brand.

The final message of the meeting: collaboration: look for other companies for co-production. An out-of-town match is best. Share designers, directors. Great creative possibilities as well as cost savings.

For more information on Theatre for Young Audiences, visit www.tyausa.org

WordBRIDGE / TOWSON, MD

This program is organized annually to grant its full resources to a handful of selected MFA candidates working in playwriting. This year (for the first time), it was held in Towson, MD, under the direction of David White. The event lasted about 2-1/2 weeks.

WordBridge invites a small group of playwrights annually – this year, it was four. They bring work in need of development, doing rewrites, consulting with experts in multiple disciplines. They revise some more, rehearse, under the guidance of a dramaturg. What sets this program apart is the consultant list: more than 40 people with expertise in everything from music, movement, theatre, and design to mathematics and psychology. All of them offered insights into the works in progress and fueled the creative process.

Our participant, a WordBRIDGE alumnus, was one of the dramaturg/mentors. He described how a mathematician created a three-dimensional vision of one of the plays, allowing the writer to see the work in new ways. A psychologist weighed in on behavioral issues. Multiple actors read the same words so the playwright could hear different interpretations. Graphic artists offered program designs to demonstrate how the story could be illustrated.

And then the artist could keep returning to the drawing board. Said the mentor, it’s the one chance you’ve got as a playwright to have total control over your own work: you have the power to replace the director, the dramaturg, the cast.

The process ended with readings of the revised works. Said the mentor, “I never thought I could feel so proud of a play that wasn’t my play.”

Committed to making the program as free from the pressure of making a “final product” as possible, WordBRIDGE keeps the process private. No public feedback mars the creative process, at least in this stage of development.

A special bonus was meeting foreign visitors who brought a different aesthetic to the process. They also gave updates on theatre abroad. The group learned that colleagues working in Hungary, for example, must deal with a right-wing government that has begun outing gays and Jews. The constitution, newly rewritten, has legitimized this sentiment, leaving theatres latitude to produce plays with only one theme: “All theatre has to be about hope,” said one visiting director. Small theatres cannot sustain themselves under the new restrictions. For updates, visit: www.hungarianwatch.wordpress.com.

WordBRIDGE provides travel, housing and meals for all participants. Funding comes largely from alumni of the program. This year, Center Stage provided actor housing. 

And the work of local artists was also featured, a nod to the huge community effort that produced the program.

THEATRE COMMUNICATIONS GROUP / L.A.

TCG had its biggest-ever conference, with 1100 attendees. A pre-conference meeting brought an estimated 125-200 participants. The setting was citywide, with the central venue the Biltmore Hotel. This did not always work in the conference’s favor, since the events were widely scattered and the neighborhoods unfamiliar. 

Among the highlights:

RADAR L.A. was in full-swing, the West Coast’s answer to the Under the Radar Festival in NYC. Ten plays ran in rep and featured Western and Southwestern themes.

Julie Taymor was celebrated in an interview that included film of her astonishing body of work. Few had seen what she created in Japan, for example. And it was enlightening to see how she transferred what she had created for stage to the big screen. Looking past the recent Spiderman debacle, one could only marvel at her contributions to the art of scenic design.

For one attendee, the highlight was a session about measuring the value of live theatre. Following the earlier model (“Gift of the Muse”) study in 2004, which was largely anecdotal, they are now evaluating audience response by examining the “intrinsic impact.”  (visit www.intrinsicimpact.org)

Audience members in several theatres have been asked to fill out surveys following a live production. They are asked to evaluate what they have just seen using several criteria:

  • How captivated they were
  • Intellectual stimulation
  • Aesthetic growth
  • Spiritual connection
  • Emotional resonance
  • Social Bonding

These questions should be asked with any play under production consideration as they look at so many levels of impact. Moreover, the list makes us think of our own work – how would we score on the scale with any given script? One participant returned to Cleveland to distribute the questions to the artists involved in the season just ended and to the resident playwrights’ group.

One attendee noted that breakout sessions sometimes devolved into grousing sessions. Artists remain consumed with getting agents, whom they assume will assure them productions.

On the other hand, there were sublime moments. At the top of the list, an appearance by Mrs. Smith, a performance artist who (when the dowdy costume comes off) is David Hanbury. His character, matron/patron of the theatre, dropped in on a session entitled “You Call That Theatre?” that featured non-traditional forms in unusual venues. She feigned outrage at all that this so-called “theatre” is doing to ruin her enjoyment.

How dare they destroy the only art form that can deliver “the act of communal sleeping,” she railed.  Don’t ask her to turn her chair around, or go sit in an abandoned garage. Audiences like coming to a place where they are safe for two hours – to sleep.

Hanbury, who tours his solo shows, also appeared on behalf of a telethon for people and cats with severe and persistent emotional challenges. His appearances, as much as any, reminded everyone of the thrill we experience when we are taken by surprise and don’t know how something’s going to come out.

Much attention was paid to getting younger people interested in attending theatre. To set that scene, experts spoke of the current generation of teens who now send some 4,000 text messages per month (if they’re female, anyway). A key speaker was David Houle, author of The Shift Age. He spoke about the future – a time we already know has seen time and space broken down. We are digital now.

Think of people over 20 as the new “immigrants.” We will never get back the distinctions of the pre-digital era. Kids under 15 are the “natives.”

It’s not all bad news for us immigrants. There is an unprecedented awareness of what’s going on in the world, and how it relates to “me.” Kids have a sense now that “I am important, but so is that kid in Bolivia.”

And for all the seeming disconnection, look at how teens now express affection. Years ago, guys would hug only after a touchdown. Kids now hug A LOT.

The trend is moving toward devised theatre, according to those who attended the pre-conference. For some time, that kind of writing was being done in an ensemble, coming out of improvisation, with no author listed. Now, these groups are trending toward using playwrights and giving credit.

Follow these and other trends in upcoming issues of American Theatre magazine. 

%d bloggers like this: