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Copyright Cons

  • 1.  Copyright Cons

    Posted 11-16-2016 15:09

    Subtitled: The Post that Won't Make Me Many Friends Among the Playwright Community

    Jonathan Dorf began an excellent conversation in a separate thread about the importance of compensating playwrights and protecting the integrity of the work, and how to create and sustain a system of accountability to ensure we are all doing the right thing. I'm posting this separately because I don't want to harsh the vibe of that productive and important conversation.

    And a disclaimer: I do operate with integrity, pay our royalties, purchase our scripts, and teach a unit each year on copyright law.

    I just don't like to.

    The more I teach about copyright, the less I like it. Call me anti-capitalist, but it seems like copyright legislation has mutated from its original design - to encourage creativity by ensuring the safety of your ideas - and turned into something more "pay-me-or-else" oriented.

    Obviously I'm not speaking to all playwrights, and I hope the writers who don't think that way understand that I'm not throwing shade on them. But in some ways the system seems flawed, and I'm wondering:

    1. if I'm the only one who feels that way
    2. if there's a way to fix it that doesn't cheat anyone of their due

    It burns me to know I'm would be paying more on rights on some shows than they will bring in, so I don't do those shows, and lose the opportunity to do a piece I would love but cannot afford.

    It burns me that there are plays I can't even consider, because I teach in a rural, ultra-conservative community, and I'm not able to alter a script with a great story to make it acceptable for the people I live around. (Example: The two-guys scene in "Almost, Maine" would still work as a love story if one role were female.)

    Shakespeare gets adapted a million ways, and the script gets hacked to bits, translated, re-ordered, gender-bent, and manipulated in ways that would make the Bard froth at the mouth, but it's public domain so no one cares (unless the show is terrible). We call it "the director's vision," or "a contemporary take on a classic," or whatever. Why can't we do the same with "August, Osage County," or a Mamet play?

    I guess I'm asking for perspective, especially from the people who hold tightly to the letter of the law, especially from the playwrights out there who are upset about the way their work is stolen and/or adapted. Is it about the money, or professional pride, or is there something else at stake that I'm not hip to?

    ------------------------------
    Josh Kauffman
    Teacher
    Winfield AL
    ------------------------------


  • 2.  RE: Copyright Cons

    Posted 11-16-2016 18:03

    I agree with you.  Let me say, I too, want to respect playwright's words and intentions, and I want to pay them for what they've created.  And I have to admit, than in the 25+ years I have been directing, I have slipped a few in that I did not pay for.  Did I feel bad?  Yes, I did, because as a teacher, I preach that you need to give credit where credit is due.  However, the times that I have done it, it was because I had students who desperately wanted to perform and the school gave us nothing--and Shakespeare or other public domain plays are not always an option.  I have dipped into my pocket far too many times to count, and I have gotten to a point where I can no longer do that (except for an occasional pizza party for the kids). 

    There are plays I would love to do, but I can't because I can't make edits, or the rights are just too expensive (this is mostly a musical problem).  I would love to do Tennessee Williams, but his plays have to be done down to the letter, including set design and lighting design, and I just can't feasibly do it.  I use Streetcar quite often in my classes, and my kids love it, and I've had several students express interest in performing it--but it is not a possibility.  

    I understand that the words are the playwright's vision, and there are some changes that will change the intention of the play, but I really believe that playwright's should be more open to edits and changes--theatre at the high school level is where our future performers, designers and writers are coming from--if they are not exposed to it then, they may never get exposed to it.  Being able to portray Laura in The Glass Menagerie may make a difference in someone's life.  Presenting August, Osage County or Almost Maine, even with edits, may open some eyes and some doors that wouldn't be open without them.  

    As a writer of novel adaptions, I encourage director's who perform my shows to change what works for them--every school is different, every director is different--that's the beauty of theatre--you can spend your life only seeing one play, but it will different every time.

    Pay playwrights, give them credit.  But playwrights, think of us, the little guys.  

    ------------------------------
    Jennifer Miguel
    Hampton, VA



  • 3.  RE: Copyright Cons

    Posted 11-17-2016 00:26

    I have a lot to say, so forgive me.

    First, an email exchange I had with a student about ten years back. That student wanted to direct a Christmas play of mine, and didn't think he should have to pay the $35 royalty required to stage it. I told him he had to pay, to which he responded, "it's not like you're Shakespeare." I responded. "If it was Shakespeare, you wouldn't have to pay. Shakespeare's dead. I'm not."

    If you want to adapt your own play, cut it to bits, alter it, create your own vision, etc... there is 2,400 years worth of material for you. Go for it. You don't even need to pay for that. Heck, you can write your own if you want to. That's what I did. I taught high school and middle school - my budget was zero in the middle school.

    On the other hand, if you wish to use material that is not in the public domain, you must pay for it. This isn't a negotiable point. It's actually the law. You are exposing your school to a lawsuit and potential damages of $250,000 if you decide to do a show without paying. (We're far more reasonable than that, of course - no one gets sued, we just mention that and people usually pay up - in particularly troublesome cases a friendly letter to the principal informing them of the potential liability in a lawsuit usually frees up the necessary cash to pay for rights. And it often frees up a spot for a new theatre teacher.)

    There are anywhere from 20-30 playwrights making a living in this country. That's about it. Period. If you want art, you need to assign value to it. If you want there to be a playwright capable of taking the time to write the next August: Osage County, then it's important to provide that writer with the ability to make a living. Otherwise, that person goes back to being an accountant, or switches to T.V., or does something else with their life. That next play never gets written. That life-changing role or experience is never created for your actress, or for anyone else.

    I find it wholly unconvincing that your actor needs to play a role in my play, but cannot afford to pay for it, and cannot get the same experience playing MacBeth.

    Lastly, think of it this way. I make something. If you think it has value, you pay for it. That's how the entire economy works. If I make something and people don't buy it, then it doesn't have value. If I make enough things, and enough people like them, then I can make more things for you. I can afford to keep making those things for you. I can make enough things so that I can afford to feed my children and send them to college. I work so that I can provide for my family.

    ------------------------------
    Don Zolidis
    Cedar Park TX



  • 4.  RE: Copyright Cons

    Posted 11-21-2016 07:35

    I want to heartily concur with Don Zolidis (whose plays my student directors and I love!). If Mr. Zolidis made furniture, we wouldn't be having this discussion. And trying to extend the analogy by pointing out that you can alter furniture after you buy it doesn't fly. Each time a group does a play, it's a new piece of furniture. If I buy 1 piece of furniture, I'm not entitled to free furniture on my next show--that's the true analogy.

    ------------------------------
    Michael Corliss
    Livonia MI



  • 5.  RE: Copyright Cons

    Posted 11-17-2016 05:09

    I'm already up way too late and need to drive to Phoenix in the morning for Arizona Thespians, so this post won't be as long as it probably needs to be. Maybe it will be longer at some other time. So just a few points for now:

    The plays that are tremendously expensive tend to be well-known plays or musicals concentrated at a few particular companies. Most companies have very reasonable amateur royalties, royalties that have nowhere near kept up with inflation.

    Most playwrights--and I know a heck of a lot of them--are incredibly willing to work with a group that needs some cuts/changes to a script. In fact, at YouthPLAYS, I can't remember a playwright ever saying no to a request for a change. Personally, the only time I've ever done it--and I've worked with the group to find a way around it--is when the change fundamentally makes it a different play. I can count those times on probably one hand. (So when you're telling playwrights to remember the little guys, you're talking to virtually no playwright who frequents this forum.)

    Playwrights often depend on their royalties to pay the bills. It's not a hobby for many of us, or it's one part of an often complicated income puzzle. A play may take months or even years to complete, and royalties are a way of compensating for all of that time, given that it's not salaried in the way that being a teacher is.

    Jennifer, if you'd like to allow your productions to personalize your shows, that's your business. I've occasionally allowed groups to update the geography in Rumors of Polar Bears, for example. But normally the idea is that the text stays the same, and each production interprets the same text based on their understanding of it. The playwright is the creative artist--which is why his/her contribution is legally copyrighted--and the director and actors are interpretative artists, which is why their contribution cannot be.

    Josh, in terms of why playwrights get upset when their work is stolen or changed without permission, I'd say it's:
    A. The playwright put in the hard work, and he/she owns the product of that work, just like any other property or work product. As much as you might like it to be, it's simply not up to you. Just like you can't decide, "I like that car. I think I'll take it for a drive."
    B. Let's face it--there's money involved. I would assume if somebody stole a chunk of your salary on a regular basis, you'd probably not be too thrilled, especially when you couldn't afford to pay for your healthcare or your dinner. There are a small group of playwrights who make a ton of money in royalties (think authors of Broadway musicals), but most of us, not so much.
    C. While someone who makes changes to a play may think those changes honor the playwright's intent, unless you've actually heard from the playwright, you don't know, and often there are unintended consequences that you haven't considered, consequences that may make the play "less than." Following that...
    D. The playwright's name is still on that play. So if someone makes a change, people who don't know the play will assume that that's what the playwright wrote. And that's the playwright's reputation on the line every single time. Maybe it's in a festival, for example, where other people may see that play and decided whether they're interested in that playwright's work. Personally, if I run into a change that I don't particularly love, but I can live with it, I ask groups to place a note in the program that states that changes have been made permission, but it's possible that certain elements of the play may no longer reflect the playwright's intent. I call it the "cover my a**" clause. Just as I would assume you would rather be thought of as a good teacher than a bad one, and you have certain ideas about what that means, we playwrights do too.

    I wish I could think of a pithy summation, but I'm exhausted and need to be up way too soon. Perhaps more will come later.

    Regards,
    Jonathan

    ------------------------------
    Jonathan Dorf
    Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
    Los Angeles CA



  • 6.  RE: Copyright Cons

    Posted 11-17-2016 08:55

    The plays that are tremendously expensive tend to be well-known plays or musicals concentrated at a few particular companies. Most companies have very reasonable amateur royalties, royalties that have nowhere near kept up with inflation.

    I'm quoting Mr. Dorf here (loved the plays of yours that I've produced, by the way; 4 AM is fantastic) to speak to this particular point, simply because I don't get this argument against the royalties myself.

    Perhaps I've been in a fortunate position, but in my nine years teach here at RCHS, I've managed to produce eight musicals, and they've all been a) well known, and b) reasonably priced.  

    Perhaps the funding I've received has been generous enough -- we're given seed money from the school board every year, and that usually pays for about a third of the royalties/rentals on a given musical -- but I've been surprised when I hear how expensive particular titles are, and then when I'm given a quote how it has always followed the same pricing structure.  

    We've produced from Tams-Witmark, Music Theatre, and Samuel French -- and I've got a line on a Rogers and Hammerstien for this year, and they've all been roughly $2,500-$3,000 to get the musical in the door, but those prices have always been subject to 1) our ticket prices (we do a flat $7 advance/$10 door across the board; no senior, student, or child discount), and 2) our seating capacity (max capacity in our auditorium is 350 -- and that's packed to the gills; but we usually quote 320 or so to the publishers, as we remove about two rows to accommodate our lack of an actual Pit).

    At those pricing structures, with our expected ticket sales, we're generally self-sustaining, and make the in-the-door costs back, with the remaining third that the school board covers covering the costs of each successive year's physical production (costume, makeup, set pieces, etc.).

    I realize that a roughly $3,000-$4,000 budget is luxury to some, but that's generally what we're talking about, keeping in mind that those royalty quotes are dependent on the size of our house and our ticket pricing.

    It all seems terribly reasonable to me.  As far as the youth production houses for one-acts and such (YouthPLAYS, TheatreFolk, Playscripts, etc.), those pricing structures are phenomenally reasonable.  If the rights/funding argument doesn't work on your administration, then it really boils down to a philosophical argument over why they want a Drama program to begin with.  And what admin won't provide, then turn to parents/the community to supplement, if they value the program -- if a given one-act or full-length play from one of the youth production houses can fit your community's needs, you're reasonably talking $150-$200 maximum to get that in the door, and you can easily start making ten times that by following all the rules.  (Our first year under my tenure, we did Dan O'Brien's The Disappearance of Daniel Hand from Playscripts with a wonderful approval process on content changes as well; we ended up with the seed money to do Little Shop of Horrors the following year, as our first musical in ten years, and our first under my tenure.)

    Hope this helps.

    ------------------------------
    Russell Paulette
    Rappahannock County Public Schools
    Washington VA
    The Blue and the Grey -- Theatrefolk.com



  • 7.  RE: Copyright Cons

    Posted 11-17-2016 11:56

    $2500-3000 is a lot for me .  Right now, the school that I'm working in--all I have is $100.00.  Granted, they haven't had a program in awhile, and I am in the process of rebuilding.  I only have six kids.  They are great, but they are not ready for Shakespeare.  I am not producing a play right now because I can't afford one.  We're doing some fundraising first.  $3,000, for me, is an entire's year's budget if not two years, and has been as long as I've been teaching.  I have looked at public domain plays, and frankly, many of them do not "speak" to me as a director, and if I don't love it, I can't direct it.  

    Should we always pay, yes, and there are many play companies that will work with you, but there are some that won't.  And most authors are more than willing to work with you, but some are not.  And frankly, playing Laura in Glass Menagerie is far different than playing Lady Macbeth.  

    I do want to honor playwrights and publishers, but I have never been able to afford a musical from Tams-Witmark for example, and I've had students desperately want to do them, as have I.  Musicals make far more money than straight plays, but I can't afford them, most of the time.  

    Why am I still rambling?  I believe there can and should be exceptions, with permission.  

    And in terms of my own work, I do want to get paid for it, however, if someone came to me and said they wanted to produce it but didn't have the money to pay for it, I'd let them.  I'd rather see it produced.  However, I do not make my living as a playwright, so I can see the reasoning.

    ------------------------------
    Jennifer Miguel
    Hampton, VA



  • 8.  RE: Copyright Cons

    Posted 11-17-2016 12:35

    $2500-3000 is a lot for me .  Right now, the school that I'm working in--all I have is $100.00.  Granted, they haven't had a program in awhile, and I am in the process of rebuilding.  I only have six kids.  They are great, but they are not ready for Shakespeare.  I am not producing a play right now because I can't afford one.

    Sure you can -- a $100 budget can get you rights and scripts to a one-act or full length for six actors, easy.  Picking the right script it can be an open plan/no set piece that can be just as powerful and provocative as anything you can accomplish with a larger budget.  If it helps, that $2,500 - $3,000 was for a musical on my second year, after a successful first year.

    I pulled up my old budget for The Disappearance of Daniel Hand -- $227.50 was my cost for the scripts and rights to a full-length drama set in a contemporary high school with eighteen characters.  My School Board Funds were $1,000 and my local funds (the previous year's fundraising -- selling t-shirts, I believe) was $565.69.  My profit on that performance was $1,184 including advance sales, box office, concessions, and donations.

    It was from that $1,184 plus the (again, granted, from the school board) $1,000 that I was in striking range of a musical the following year.

    Obviously $227.50's over your $100, but a six person drama from one of these same vendors for under $100 is perfectly reasonable, and the potential profit margin we're talking about is tremendous.  Not to mention an additional $150 in fundraising could put you in a show this year.  It's perfectly do-able -- a decent car wash can net yet $150 easy.

    Clearly you know your program and your area better than I, but starting small and modest can absolutely help you grow to that $2,500 mark.  

    Trust your community and trust your kids -- the ones that want the program will work for it.

    PS: Hampton, VA's my old stomping grounds -- say hi to Grafton High School next time you're near; I was in the first graduating class.

    ------------------------------
    Russell Paulette
    Rappahannock County Public Schools
    Washington VA
    The Blue and the Grey -- Theatrefolk.com



  • 9.  RE: Copyright Cons

    Posted 11-22-2016 08:02

    This is specifically a reply to Russell about musical rights:

    Our house seats around 1,400 people. Do that many people come to our musicals? No. It was built large in case of indoor graduations, for beginning of the year convocation with the whole district, and for rentals. We can sell MAYBE 800 seats if we do the right show. But we get charged for 1,400 seats by publishers, meaning we can be charged anywhere from $2,000-$10,000 depending on the show we want to do. So ticket prices must be high to respond accordingly. Which means we get fewer audience members sometimes. It's a vicious cycle: we choose a show that people will see regardless of tickets price since we're being charged HUGE amounts of money even though we will probably NEVER sell 1400 tickets to any show because we need to make back the money we paid for rights AND need to make a little money to fund the rest of our season.

    I stopped doing shows at the community theatre in my hometown in South Texas because I found out they weren't paying royalties on shows unless it was an MTI musical, and even then not always. That made me angry. We MUST pay these artists.

    I just wish there was a way to make some shows more reasonably priced for high schools despite house size and still adequately compensate the writers. 

    ------------------------------
    RaMina Mirmortazavi
    Deer Park High School



  • 10.  RE: Copyright Cons

    Posted 11-22-2016 08:32

    Our house seats around 1,400 people. Do that many people come to our musicals? No. It was built large in case of indoor graduations, for beginning of the year convocation with the whole district, and for rentals. We can sell MAYBE 800 seats if we do the right show. But we get charged for 1,400 seats by publishers, meaning we can be charged anywhere from $2,000-$10,000 depending on the show we want to do. So ticket prices must be high to respond accordingly.

    Fair enough.  I guess the blessing of a small house is the relative distribution of sell-through on tickets.  But don't the vendors price according to expected attendance?  I never quote a sell-out when I request royalties, because we've had maybe three or so sell-out audiences on our musicals.  They always ask a) size of the venue, and b) expected sell-through.  I believe the pricing's based on the latter, but I'm not sure.

    I truly sympathize -- to musical or not to musical is a big consideration for any Drama Club; and the pricing based on expected profits seems like a gamble for everyone involved.

    ------------------------------
    Russell Paulette
    Rappahannock County Public Schools
    Washington VA



  • 11.  RE: Copyright Cons

    Posted 11-22-2016 09:19

    We get charged based on house size, even though we tell then our expected attendance is much lower. So we have to balance passion projects with lucrative ones. Godspell wasn't very expensive for royalties, but it also didn't sell more then maybe 400 tickets a night. Probably less than that, really. But we made money since the upfront cost wasn't much, and our costumes were provided by the kids.

    Beauty and the Beast was EXTREMELY expensive upfront, but had really big crowds. 

    But neither show sold out. So we paid for the empty seats upfront for both shows, which is a big flaw in the current system. 

    ------------------------------
    RaMina Mirmortazavi
    Deer Park High School



  • 12.  RE: Copyright Cons

    Posted 11-22-2016 12:33

    Hello RaMina,

    Here at TRW we currently license based upon your reported historic expected sales. There will be a contractual stipulation stating at what capacity you can not exceed. The expectation being that if you DO exceed you would contact us so that we may revise the rate: so when you do well, our author(s) do well. (And should you not contact us there is language in the license permitting us to examine your books up to a year afterwards.)

    In the past there were minimums in place that disproportionately affected those groups with large auditoriums with traditionally smaller houses. But to my knowledge there was never an assumption of selling out the venue for each performance! Goodness, we don't want to assume a percentage on phantom ticket sales < not Phantom ticket sales - that's not our show ;)  >

    I can't speak to the practice of other musical licensing houses, but this is the TRW protocol. 

    ------------------------------
    Michael McDonough
    TRW Director of Amateur Licensing
    New York



  • 13.  RE: Copyright Cons

    Posted 11-23-2016 06:22

    I am sure you are already doing this: you can save money by agreeing to a cap on ticket  sales. Your house can have 1600 seats but you agree to sell no more than 800. They build it into your contract and it helps to limit the royalty cost. Incidentally, ticket prices also affect royalty. So a high ticket price also helps to drive up your royalty expense.






  • 14.  RE: Copyright Cons

    Posted 11-23-2016 10:51

    MTI will charge you based on your expected ticket sales, not your house size. It's part of your formula and saved us a ton of money on our musical this year.

    ------------------------------
    Jodi Disario
    Director of Drama
    Willow Glen High School
    San Jose CA



  • 15.  RE: Copyright Cons

    Posted 11-17-2016 10:00

    Why is this even an issue?  

    If you stage something you didn't write, pay up!  Would you walk into a retail store and take a pair of jeans you didn't sew?  Or not pay for a meal at a restaurant you didn't cook?  What's the difference?

    If this is an issue, take Mr. Zolidis' advice and stage things in the public domain!

    ------------------------------
    Brian Cappello
    Grandview MO



  • 16.  RE: Copyright Cons

    Posted 11-17-2016 11:51

    Thanks for the responses. Mr. Zolidis and Mr. Dorf, I was especially hoping to hear from you as working playwrights who also teach. I hope you both understand I am not speaking to either of you, and have enjoyed reading both of your work in a cache of plays I inherited from a retiring colleague. There are a lot of smaller publishing houses, such as the ones where I see both your names quite often, that are very reasonably priced and worth the cost.

    Don Zolidis, no forgiveness necessary for having a lot to say. I appreciate your statistics about the number of career playwrights out there, and the importance of their ability to make a living.Those are the ones for whom copyright law works as designed, as far as I understand it. I'm one of those who writes more as a hobby, and while my plays have been performed a few times, I've never asked for (or been offered) a royalty. I was just glad to have it done.  I'm not anywhere near your perspective as a paid, oft-produced writer, and I'm not pretending to be. I want you to have a successful business, and when we do your work at my school, you will know it, and be paid (and probably thanked on this board) for it. 

    Jonathan, thanks so much for your perspective. The parts that rang the clearest to me: One, you helped me "get" the distinction between the creative and the interpretive artist. Two, I had not thought through your Point D about the audience possibly mis-understanding the playwright's intent rather than the director's unauthorized "interpretation" of a script.

    I guess my beef, if you can call it that, is with the bigger houses like Tams or R&H, that charge arms and legs for the well known titles, and then don't let you keep your script (and I understand why not, but shouldn't that mean you pay less for the rights, not more?). I know in some cases they will accept a counter-offer and lower the price, but I'd prefer if they'd just price more reasonably. Fifteen bucks for a ten minute one-act is more than fair; two thousand dollars for a big name musical seems more than a little ostentatious. I'd love to do some of them; I may never, for no other reason than money. To me, that's a shame.

    Summary: I'm not against copyrights and royalties - and I'm aware, looking back at yesterday's post, that it looks like I am (I should not post when I have a sick child and am racing the clock). I'm not, honest, and in many cases it works well. In some cases it seems not to be, and I was asking for a little help understanding the angles of the issue. Thanks to all who provided that help.

    ------------------------------
    Josh Kauffman
    Teacher
    Winfield AL



  • 17.  RE: Copyright Cons

    Posted 11-18-2016 08:25

    From reading through this and previous threads on copyright and the playwrights right to make a living, what saddens me most is not the attempts to be treated as an exception to the law - though that is in  itself problematically - but it is the seeming disinterest in school boards and/or administrations to take their drama/theatre offerings seriously.

    Can you imagine a science department not being able to have the necessary chemicals to teach a chemistry course. Better still can you imagine the football program not having the funds for uniforms and footballs.

    It is apparent that the performing arts are not seen as real subjects, and in many cases were probably only included in the curriculum because the state mandated it be available.

    REALLY SAD.  a $100 budget for a show .... please that will barely buy a decent meal for two people at a chain restaurant.  What planet to administrators live on.  The average person sitting in that front office is making more than that a day for turning up.

    Am I angry .. seems like it, but then since the election I have been reacting this way to far too many things.  Another sign of the times.  Wonder if Trumps "we need more and better education" statements will include theatre programs.

    ------------------------------
    Rod Reilly
    Owner, Bodymics
    908-899-1277
    Somerset NJ



  • 18.  RE: Copyright Cons

    Posted 11-19-2016 13:04

    Your observations here and in related threads about the problems with maintaining a program due to budget constraints have caught my attention as well.  Where you may "seem angry", my reaction is closer to outraged.  I drafted a lengthy response that attempts to describe the outrage, but don't want to hijack this conversation.

    I know that the playwrights need to receive fair compensation for their work.  The copyrighting system may also have some flaws.  As a parent, teacher, and director these are matters outside my control.  My responsibility to support my fellow artists and uphold the laws of the land is clear.  And while there may be good and effective ways to change the system, those are matters I am not equipped to address and will keep faith with the community as they seek to improve our art.

    ------------------------------
    Jym Kinney
    Troupe Director



  • 19.  RE: Copyright Cons

    Posted 11-20-2016 12:59

    This is a great thread. I've been on both sides of this issue, both as director and playwright. (advance apologies for a long story...)

    I once had to ask Ray Bradbury if we could delete a sequence from his "The Martian Chronicles," because I didn't have the talent available to make it work. (I didn't tell him that I didn't think the talent to make that particular sequence work existed.) He grumbled a bit, but okayed the cut. 

    A student director working on my "The Misanthrope" was once busted by the chair for making cuts without informing me. Halfway through rehearsal I got a: "Do you mind if we make cuts to your script FOR TIME ONLY?" (emphasis mine). 

    I wrote back that I'd be happy to endorse her cuts, if she'd send me a list of the cuts she wanted to make. 

    I never heard back. 

    It so happened that that school was hiring me to join the process in the final days of rehearsal, and give a workshop and perform a one-man show. When I arrived, I requested a copy of the script, so I could read along with the run-through I was about to observe, and discovered that by no means were the cuts to the script made "for time only." The director had gone through the script and strategically excised all of my favorite lines. Of course, she had no way of knowing they were my favorites; she was just removing those that were contrary to her artistic sensibility, which was about as far in opposition to mine as I could imagine, and "time" had nothing to do with it.

    I tried working with her: taking/giving notes, making the case for the vision of the play as I saw it, over a long, two-hour-plus lunch. I respected her directorial creativity, and insisted that I wasn't going to impose my vision onto hers, and she took that literally, and made no changes. (The pacing of her production was also ungodly slow, but I have no weight to pull in that area.) I remained in town for three more days, through the first couple of performances, and somewhere in the course of an argument she said: "You just don't understand Moliere the way that I do!" (Truer words...)

    I bit my tongue. And when no changes were restored through the first two nights of performances, I left at intermission. I was of no use to her, and vice versa.

    I talked with the chair of the department. I said that they were welcome to perform the play this way at state competition, but if they went any further in the ACTF process, they would need to restore ALL of my lines, word-for-word. (She agreed without hesitation.)

    I couldn't take the chance that a) if the show did very well in competition, people might come looking for THAT script, or b) if the show went any further in competition, people might associate my name with THAT script. 

    It so happened that they show did not move beyond this level.

    I'm an easy guy to work with. Whenever anybody requests changes, I ask what those changes are, and ninety-nine times out of a hundred I say yes. If they need to not have the word "shit" in the dialogue, I suggest another rhyming couplet that references "poop." Sometimes... rarely... I'll say "no" to a particular cut... because the line means a lot to me.

    And, thanks, to all of you who care enough to check.

    Tim

    ------------------------------
    Tim Mooney
    timmooneyrep.com
    moliere-in-english.com



  • 20.  RE: Copyright Cons

    Posted 11-20-2016 14:35

    I fully agree that playwrights should be fairly and equally compensated for their work. I believe that the work should remain unchanged unless the playwright has given permission. My first play this year had those permissions stated within the script (change the slang, some of the things that could become dated, most of the character names were written two ways so that they could be played by either gender)- so I am probably a bit spoiled right now and am going to feel completely tethered when I start my musical next week. 

    But here's where it hits me, and I know this has come up before- the publishing houses do charge huge amounts of money for some of these shows. I, personally, am a musical fanatic. I'd direct 5 a year if we could afford them. But we can't. My budget this year was literally 300 dollars and had to be spent on supplies for the classroom by the end of September. I cheated and bought things I knew I needed for the "theatre" (cafeteria) like a label maker and tape to go with it, etc. 

    So I guess my question is, are the authors getting fairly compensated through the publishing houses? I almost feel like I would rather have an author in residence and pay him/her directly sometimes.

    ------------------------------
    Jodi Disario
    Director of Drama
    Willow Glen High School
    San Jose CA



  • 21.  RE: Copyright Cons

    Posted 11-23-2016 08:32

    Hi- just a reminder that you can apply for royalty adjustments through EdTA/ ITS. We have done this before with success. It does require you to have clear documentation of your profits from the show you did before. As for those of you struggling with a small budget- one recommendation I live by for quick and painless fundraising is to do a version of "minute to give it" at the end of all of your shows. I have a senior or two who steps up directly after bows and talks about how participating in our program has changed their life in a positive way. They segway into the immense cost of our productions and that every little bit counts in terms of donations- then we start a timer for 1 minute while the cast and crew run around the auditorium collecting donations from the crowd. I almost always get at least one $100 check every night that we do this- and usually make between $500 and $800 during the run of a show. We've also done things like have audience members pay anywhere from $1-$5 to come on stage after the show to interact with a cool set piece (most recently it was the raining elevator for Eurydice- people really wanted to get rained on). I only mention these because they require absolutely no work on your part but will typically give you some decent profits.

    ------------------------------
    Victoria Kesling Councill
    Chapter Director - VA EdTA/ Virginia Thespians
    Theatre Director- Fine & Performing Arts Department NKHS
    Artistic Director - NKHS Trojan Theatre
    Artistic Director - Kent England Exchange Production
    Virginia Commonwealth University BFA Theatre Education, BFA Art Education '08
    University of Houston - MA in Theatre '16

    "Love the art in yourself and not yourself in the art." - Konstantin Stanislavski