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Regional Dramatists Guild Meeting

July 25th, 2011 No comments

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 (https://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. 

Other People’s Property

June 15th, 2011 No comments

Real People and Musical Scores

Other People's Property

Real People

Using real people in your fiction or playwriting can throw you into a truly tricky environment.  Generally, if the real person you are using as a character is no longer alive, you’re off the hook.  However, this doesn’t mean that you still can’t be sued (of course). One of the stickier points with regard to using a real person, living or deceased, has to do with what are called “publicity rights” or the Right of Publicity. These rights concern the property right that any person exercises over his/her public image.  As a rule, it seems, the intent of using a public figure’s image or likeness has to be purely for commercial purposes in order for a Right of Publicity suit to work. This is to say, that using a real person in a play or fiction is an artistic use of a person and can be held to be an act of speech, which is protected by the First Amendment–which trumps the Right of Publicity. However, if you’re writing copy for a radio advertisement that uses “Heeeeerrre’s Johnny!” as one of the lines, you likely have used the late Johnny Carson’s Right of Publicity, and, as it is a property right, lives beyond his death and his family/estate can sue you for the use of it.

The Right of Publicity is a property right in many states, and the enforcement is left to the statutory definitions passed in the legislature.  The Right of Publicity is not a federal statute, nor is there any such thing as a privacy right or a right of privacy to which to point (legal fiction).  See Griswold v. Connecticut; and Roe v. Wade.

Beyond the question of the Right of Publicity is the question of defamation. There are several factors that must be considered when determining if there is defamation:

  • Statement must be untrue
  • published to 3 parties (publication)
  • must related to a living person (identification)
  • lower the reputation of the person (damages)
  • knowledge of untruthfulness (malice)

Note that defamation can also apply to a corporation for all of you activist, anti-corporation playwrights out there. 

There is also a thing called defamation per se (false statements that are immediately considered harmful)–saying that an accountant is a thief; saying that a love rival has an STD; suggesting that someone engages in criminal activity; etc.

For clarification (and the record) libel and slander are forms of defamation (libel is published; slander is spoken).

In the talk given by Sevush and Faux, Faux stated adamantly that “dead is good”; that there is no libel or invasion of privacy for deceased people.  Again, you would have to consult the intent and purpose of the work to determine if Right of Publicity concerns rise to the surface.

With regard to well-known or public figures, the so-called “public figure doctrine” applies (from which the phrase “absence of malice” originates). This doctrine states that “prominent public persons must prove actual malice on the part of the news media in order to prevail in a libel lawsuit. Actual malice is the knowledge of falsity or reckless disregard of whether a statement is true or false.” citation So, you can feel  free to use a public figure in your play, but you had better be certain that your intention is not malicious and that your assertions are absolutely true or are likely true given the inference of certain verifiable facts.  That being said, Sevush pointed to a growing trend amongst high-paid lawyers to engage in what is called “venue shopping” for suits.  For instance, the United Kingdom as a far lower threshold for proving defamation than does the United States, so lawyers might sue you in the UK, get the ruling they want, and then seek to have the ruling imposed in the United States. From what Sevush and Faux stated there are efforts underway in the US to stop this sort of activity from occurring; as it undermines US law.

According to Faux and Sevush, these factors regarding Defamation and Right of Publicity make themselves pertinent to you whenever you license a play to a producer.  That is, you often must sign a statement to the effect that you “warrant and represent” that you own the rights to whatever it is you’re publishing or licensing for performance. The contract might also make you “warrant and represent” that there is nothing defamatory in your work.  Sevush cautioned that playwrights should not make “over-broad declarations” in any contract that they sign–nor should you be forced to–for instance, that your play is not obscene.  Sevush noted that obscenity is decided locally and producer has to decide what he/she/they want to produce and where to produce it–NOT THE PLAYWRIGHT.

Again, the discussion of the Rights of Publicity came up, with a few relevant past cases being highlighted — celebrity (pecuniary, name/likeness for commercial purpose)

Often the contract that you sign with a producer can be accompanied by E&O Insurance, short for errors and omissions.  Faux and Sevush encouraged that you should ensure that you are included on this insurance policy if a producer gets it.

Found Scores

Should you use music in your play?  If you are, chances point to the fact that you should get permission to do so.

There are several places that you can go to license music:

When it comes to licensing there are small rights and there are grand rights.  Here is a link to a website that outlines some of the rights that pertain to music and performance. According to the website I link to above, small rights are called “nondramatic performance rights;” and grand rights are called “dramatic performance rights”.  Unfortunately, that sounds clearer than it is.  For instance, simply using the song in a play is not in-and-of-itself the “dramatization” of the song, and so may only require “small rights”–as a song is not inherently dramatic.  If, however, you are “dramatizing” the song, you will need to get “grand rights”.  So, if for some reason you decided to make a play out of the song “Me and Bobby McGee” you would have to get “grand rights.”  Grand rights are usually held by the writer of the song.

Faux and Sevush pointed to ASCAP, BMI, and SESAC for small rights.  Faux and Sevush also noted that grand rights can pertain to the whole of a work — but might also qualify if you are using music to advance the plot or character development in your play. Regardless, they both note that you should assume that you should have to get permission.

Grand rights are what playwrights own with regard to their script (use of songs in a narrative or dramatic way).

Sevush and Faux also discussed parody (fair use, valuable form of comment and criticism) on the subject that is being discussed. They pointed to the use of Roy Orbison’s song “Pretty Woman” by 2 Live Crew.

Parody/Satire Distinction

Parody is directly making fun of one thing, but Satire is using one thing to comment on or make fun of something else (Dr Seuss / OJ Case)

Licensing Music for Your Play

Music should be licensed by the producer.  Sevush was careful to point out that if you, as a playwright, are indicating the use of music in your play that you should note the following distinction:

  • Use the words, "and then a song like comes on the radio…"  producer pays
  • Use the words, "and then Born to Run by Bruce…" comes on the radio playwright pays

One question that I had, which I didn’t get to ask, is what happens when you contact one of these companies on multiple occasions and get no response?  For my part, in my most recent play Patterns, I went right ahead and used the music.  I figured, if some music publisher made a stink about it, I had the multiple unanswered emails to demonstrate that I had made an effort.