Brother May I?

Okay another cautionary tale. I swear that I am not trying to emulate Jason Heath’s wild gig stories. This stuff is just falling into my lap. The drama director, tech director and motley band of collaborators have been meeting recently and having exciting discussions about our Fall drama production. It has gotten easy to get caught up in the energy so I keep forgetting a crucial point. We don’t have the rights to do the show yet.

The show isn’t currently in print but the playwright has said we can perform it. It will be something of a coup for us–but only if this permission is communicated to the playwright’s literary agent. I have asked my assistant theatre manager to keep an eye on me to make sure I don’t forget this crucial fact and list the show in our brochure or something. He then related this great story on that topic to me.

It seems he was in rehearsals for an off-Broadway play and the producer invited the playwright’s brother to view the final dress. As the playwright was deceased, the brother administered all of the rights. After the show the brother was very critical of the directing and the casting decisions. He may have been within his rights to complain about the issues if the performance license stipulated details about how the show should be presented. But we will never know because the brother finished by pointing out that the producer never requested the rights for the show.

The producer essentially told the brother that she assumed since the brother and she were of the same race and the play dealt with issues facing their shared race, the rights would naturally have been granted. The brother refused to grant the rights and the results of many weeks of rehearsal was never seen by an outside audience.

Even with the concepts of intellectual property blurring, there were a lot of mistakes made here. Not the least of which was that you shouldn’t try performing anything in the heart of Manhattan without securing the rights even if you are smart enough not to invite the executor of said rights to your show. This is not to say you are safer flaunting licenses the further you are from NYC. There are plenty of stories of vacationing playwrights and agents gasping in horror at the liberties taken with scripts in both sanctioned and unsanctioned productions.

The assumption that blood is thicker than money or least permission was also probably ill-advised.

It is likely that the playwright wasn’t terribly specific about how his play was to be directed and cast. The brother’s problem most likely started with the fact the rights hadn’t be granted and every other little dislike became enlarged as fuel for the complaint. The guy who taught me about the presenting business talked about the same thing in reference to horror stories we heard about performers who were absolutely sweet to us. The bizarre comments we heard about probably wasn’t the root complaint but merely one of many expressions of dissatisfaction about the absence of things their riders specified should be present.

Hopefully we will be granted the rights to perform the show we want to do in the Fall so I can relate the interesting way the script fell into our hands. Not to mention how our excited, creative madmen and women manage to execute the show.

About 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. (http://www.creatingconnection.org/about/)

My most recent role was as Executive Director of the Grand Opera House in Macon, GA.

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.

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