Prepare to Lose Your Shirt

by:

Joe Patti

So the stagehands strike on Broadway is going so poorly, the producers canceled the entire next week of shows because they don’t believe there will be a resolution any time soon. I read somewhere that the folks who own and manage the theatres had been building up a war chest for a number of years so they could weather the next big strike.

Unfortunately, none of that hoarded money will go toward paying off the investors in the shows that have shut down. As far as they are concerned, everything is going to hell.

But investing in Broadway shows has always been a risky proposition. The expectation is that you will lose all your money and it is a shock when you actually see some return whereas most investments operate on the opposite assumption. The only thing you are generally guaranteed as an investor are tickets to opening night and an invitation to the opening night party. (Unless things go south before the show opens.)

If you have ever wondered about the mechanics of investing in a Broadway show, the Franklin Weinrib Rudell & Vassallo law firm website has an article on the subject. While the law doesn’t protect you from losing your shirt, it does limit losing ones shirt to those who won’t be left destitute by the loss. New York State has very stringent laws regulating investments in Broadway shows. If the total investment being solicited is in excess of $5 million, which most are these days, the show is subject to Federal Securities law. Since compliance with NY State laws can be very expensive due to all the legal fees involved, it is preferable to be subject to the Federal statutes.

Even if the total investment sought is under $5 million, a production can avoid being subject to the stringent NY State laws if “potential investors must be furnished with a thorough disclosure document (unless all the investors are accredited, in which event no particular type of information is stipulated); and there may be no more than 35 unaccredited investors, all of whom must demonstrate that alone, or together with a purchaser representative, they have the financial knowledge and experience necessary to evaluate the merits and risks of the offering.”

An accredited investor is “defined as an individual with a net worth in excess of $1 million, or who, in each of the last two years, has earned income in excess of $200,000 per year (or $300,000 with spouse), with a reasonable expectation of reaching that amount in the current year.”

Investing in Broadway shows is not for the risk averse or financially insolvent. The article discusses many of the financing structures that are used when investing in productions. The more money one brings to the table, the better deal one can negotiate–including a percentage of the producers profits above the normal investor’s cut. So if you are interested in the intricacies of funding a Broadway show, give the piece a read.

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Author
Joe Patti

I have been writing Butts in the Seats (BitS) on topics of arts and cultural administration since 2004 (yikes!). Given the ever evolving concerns facing the sector, I have yet to exhaust the available subject matter. In addition to BitS, I am a founding contributor to the ArtsHacker (artshacker.com) website where I focus on topics related to boards, law, governance, policy and practice.

I am also an evangelist for the effort to Build Public Will For Arts and Culture being helmed by Arts Midwest and the Metropolitan Group (details).

My most recent role is as Theater Manager at the Rialto in Loveland, CO.

Among the things I am most proud are having produced an opera in the Hawaiian language and a dance drama about Hawaii's snow goddess Poli'ahu while working as a Theater Manager in Hawaii. Though there are many more highlights than there is space here to list.

Sport Isn’t Art

What’s A Turkey?

1 thought on “Prepare to Lose Your Shirt”

  1. Investing in Broadway theater is risky, without a doubt. The common stat is that 4 out of every 5 shows fail to return their investment. But, that 1 that does, usually does big! 🙂 I advise investors to approach Broadway investing just as they would a stock market. Find a Producer just like you would look for a mutual fund manager . . . someone with a track record. And diversify your investments. Put a little into a few things, instead of a lot into one. And enjoy the perks! If you buy 100 shares of coke, they aren’t going to send you a free 6 pack. If you buy 100 shares of Pfizer, they won’t send you any free drugs. But buy a unit of a Broadway show, and you’ll go to the opening, get free merch, meet celebs, and more!

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