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- Nov 3, 2009
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Consider this a cautionary tale for playwrights. I got contacted by what seemed to be a solo actor asking about my play on Charles Manson ( http://ianfraserlive.com/Plays.html )
He'd read the sample, wanted to see the whole thing. I sent it to him. He said he'd have his agent be in touch.
Next thing, I'm contacted by someone who gradually lets me know that a) the 'actor' works in his theater company b) they want my play for the Edinburgh Festival, c) they intend to stage it as a 'free' production. The person talks my ear off for an hour, telling me of grandiose plans they have for future plans for my Manson play. The end result is: they want my play for free, against all these future productions they intend doing after Edinburgh 2012 - which 'could' make me a lot of money.
They send an 'option agreement' contract which reads like a land grab. Twenty or more free performances for them at the Festival and elsewhere. Among the legalese nonsense: they hold rights to a percentage of profits of any other productions of my play for SEVEN years after their production. No money mentions except for a brief reference amidst a very convoluted contract.
There's also no mention of it being a free production without admission price. I ask them to fix this and I let them know the seven year thing isn't acceptable.
A month passes, I send them mail asking what's up. A new contract appears, listing the venue name but with the seven year clause still tucked away, firmly in place.
I get in touch with my literary agent, and he in turn passes the contract to a very reputable known theater agency, who are kind enough to look it over.
Between these two, mention is made that its a bit of a 'bare knuckled' contract. Suggestion is made that its unlikely my play is likely to be hitting Broadway or any other of the dangling carrots the company has mentioned. They reckon I call this Company's bluff - and ask for two things: some money upfront, and a max of 60 days option after the Festival ends. I add mention of wanting a massively simplified contract.
The company concerned doesn't alter the contract - instead, they send a message saying 'can they chat with me and my agent' - by this point I'm very unimpressed with them, but remain polite, and send mail back declining, saying unfortunately, I'm busy - and if the parameters of the contract I've set out for them are not acceptable, I'd rather pass on the project and wish them well with whatever they do find to produce.
I get the following letter. Now remember, these guys are talking to me, an established playwright / performer with a couple of decades of work and awards under my belt. I've personally repeatedly staged the play in question, and I'm currently writing novels - so I'm not overly invested in 'getting my theater work on.' I'm also not desperate for exposure, and I've never responded well to bullying or provocative behavior aimed at me...
Additionally, the writer doesn't seem to understand that I've had some serious theater agency heavyweights look over the contract they want me to sign...
Hi Ian:
When are your agent and theater agents producing your play that they are so opinionated as to its legal structure?
Can we expect to see it at The Edinburgh Festival Fringe 2012? We've brought ('X') shows since 2004 and won (award removed).
Or will it go straight to Off-Broadway? We've won (award and nomination for an award removed).
I would once like to hear a playwright say, "My friends have decided to produce my piece and I will not require your services." This never happens.
Friends, acquaintances and colleagues are free with complaints about potential producers, but not forthcoming with their money.
Did you understand that we had a strategy for building your play into a viable commercial and critical property? Probably not, because you're too busy to speak.
Prince Charles was not too busy to see one of our shows twice in one year. My US mobile number is ***************** have any agent, yours or a theater agent, call me since you're too busy.
(end snip)
Obviously, this company and person has their head so far up their self-important behind that they fail to grasp that being nice to people who have work you want to stage, is a basic prerequisite in professional theater. Mentioning people not being forthcoming with money when you're not being forthcoming with money is also rather dumb. Its not a good business tactic to try be provocative when you're wanting someone to sign a contract that'll scr*w them over.
Furthermore, they seem to think I really want my show staged at all costs. I actually don't. Especially not when its subject to the kind of 'contract' these people are trying to peddle.
Point being. If anyone is contacted by a theater company or an actor ostensibly looking to stage a show at next year's Edinburgh Festival, and then starts getting the same 'we're doing it as a free show, so give us your work for free, and sign the thick contract because we have big plans in the future for your work' - Don't sign it.
Just...don't.
![Smile :) :)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
-Ian
He'd read the sample, wanted to see the whole thing. I sent it to him. He said he'd have his agent be in touch.
Next thing, I'm contacted by someone who gradually lets me know that a) the 'actor' works in his theater company b) they want my play for the Edinburgh Festival, c) they intend to stage it as a 'free' production. The person talks my ear off for an hour, telling me of grandiose plans they have for future plans for my Manson play. The end result is: they want my play for free, against all these future productions they intend doing after Edinburgh 2012 - which 'could' make me a lot of money.
They send an 'option agreement' contract which reads like a land grab. Twenty or more free performances for them at the Festival and elsewhere. Among the legalese nonsense: they hold rights to a percentage of profits of any other productions of my play for SEVEN years after their production. No money mentions except for a brief reference amidst a very convoluted contract.
There's also no mention of it being a free production without admission price. I ask them to fix this and I let them know the seven year thing isn't acceptable.
A month passes, I send them mail asking what's up. A new contract appears, listing the venue name but with the seven year clause still tucked away, firmly in place.
I get in touch with my literary agent, and he in turn passes the contract to a very reputable known theater agency, who are kind enough to look it over.
Between these two, mention is made that its a bit of a 'bare knuckled' contract. Suggestion is made that its unlikely my play is likely to be hitting Broadway or any other of the dangling carrots the company has mentioned. They reckon I call this Company's bluff - and ask for two things: some money upfront, and a max of 60 days option after the Festival ends. I add mention of wanting a massively simplified contract.
The company concerned doesn't alter the contract - instead, they send a message saying 'can they chat with me and my agent' - by this point I'm very unimpressed with them, but remain polite, and send mail back declining, saying unfortunately, I'm busy - and if the parameters of the contract I've set out for them are not acceptable, I'd rather pass on the project and wish them well with whatever they do find to produce.
I get the following letter. Now remember, these guys are talking to me, an established playwright / performer with a couple of decades of work and awards under my belt. I've personally repeatedly staged the play in question, and I'm currently writing novels - so I'm not overly invested in 'getting my theater work on.' I'm also not desperate for exposure, and I've never responded well to bullying or provocative behavior aimed at me...
Additionally, the writer doesn't seem to understand that I've had some serious theater agency heavyweights look over the contract they want me to sign...
Hi Ian:
When are your agent and theater agents producing your play that they are so opinionated as to its legal structure?
Can we expect to see it at The Edinburgh Festival Fringe 2012? We've brought ('X') shows since 2004 and won (award removed).
Or will it go straight to Off-Broadway? We've won (award and nomination for an award removed).
I would once like to hear a playwright say, "My friends have decided to produce my piece and I will not require your services." This never happens.
Friends, acquaintances and colleagues are free with complaints about potential producers, but not forthcoming with their money.
Did you understand that we had a strategy for building your play into a viable commercial and critical property? Probably not, because you're too busy to speak.
Prince Charles was not too busy to see one of our shows twice in one year. My US mobile number is ***************** have any agent, yours or a theater agent, call me since you're too busy.
(end snip)
Obviously, this company and person has their head so far up their self-important behind that they fail to grasp that being nice to people who have work you want to stage, is a basic prerequisite in professional theater. Mentioning people not being forthcoming with money when you're not being forthcoming with money is also rather dumb. Its not a good business tactic to try be provocative when you're wanting someone to sign a contract that'll scr*w them over.
Furthermore, they seem to think I really want my show staged at all costs. I actually don't. Especially not when its subject to the kind of 'contract' these people are trying to peddle.
Point being. If anyone is contacted by a theater company or an actor ostensibly looking to stage a show at next year's Edinburgh Festival, and then starts getting the same 'we're doing it as a free show, so give us your work for free, and sign the thick contract because we have big plans in the future for your work' - Don't sign it.
Just...don't.
-Ian
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