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.

Sport Isn’t Art

by:

Joe Patti

Today on NPR, commentator Frank Deford talked about the flak he got from listeners for a story he did a few weeks ago about Princeton Athletic Director, Gary Walters, belief that sports should be viewed with the same prestige as the arts.

What was interesting to me was that in his original piece a few weeks ago, Deford spoke of college sports in terms like “…dismissed as something lesser — even something rather more vulgar…”, “Its corruption in college diminishes it so and makes it all seem so grubby.” The title of the piece online even compares sports to Rodney Dangerfield.

He puts forth Walters’ argument that “Is it time, for the educational-athletic experience on our playing fields be accorded the same … academic respect as the arts?” and “Athletic competition nourishes our collective souls and contributes to the holistic education of the total person in the same manner as the arts.”

He wonders if there isn’t a double standard in that “a young musician major in music, a young actor major in drama, but a young football player can’t major in football?”

However, in his piece today, sports don’t seem to have it so bad in colleges and universities. “I’m afraid the game is over. In our American academia, the arts must be satisfied with the leftovers,” Deford says. He goes on to quote John V. Lombardi, the president of the Louisiana State University System: ”

“Mega college athletics … prospers because for the most part we (our faculty, our staff, our alumni, our trustees) want it. We could easily change it, if most of us wanted to change it. All protestations to the contrary, we … do not want to change it.”

What sums the situation up for me is Deford’s line that “sports in our schools and colleges are not only ascendant, but greedier and more invulnerable than ever.” While it is true that his first piece is about academic prestige and the second is more about which programs get better funding and a comparison of the two is apples and oranges. It seems to me that athletics have prestige and funding and seeing that they lack only recognition as a worthy academic pursuit are greedy to acquire that as well.

I have never been terribly put out by the inequities in sports and arts funding in schools. I make grumbling noises about funding decisions that favor sports over arts and the hardwood flooring and office suites athletics officials have at my school. But after a few moments, I move on and don’t dwell upon it.

I am a bit concerned though that people would be thinking that an activity that has always been adjunct to the academic experience should be an academic experience. There are already too many exceptions made for athletes academically as it is. When a dance or theatre major is failing history or missing classes because they were in rehearsal the night before, their academic career is in jeopardy. Not so with the college athlete.

Now people want to give them academic credit for playing sports? In the context of all the scandals that have emerged, how can a degree based on sports credits be viewed as credible? How can a big sports university that grants the degree maintain its credibility even? If anything, I would agree with the argument that often comes up that schools should drop the pretext that the students aren’t there primarily to perform athletically rather than academically. Better to emulate the G.I. Bill and guarantee them an education at the end of 4 years of service.

I will admit that art and sport are joined in so many discussions that in some respects their existence seems intertwined like two planetary bodies orbiting each other. In terms of aspects of each that qualify as academic pursuits, they are quite different. While there are some like Tony Kushner who believe that undergraduate art majors should be abolished, there are elements to arts training which are more dependent upon instruction in other subjects than athletics are. An artist’s understanding of their craft is enhanced far more by studying literature, history, physics, language, material sciences than for an athlete. That is, in fact, what Kushner suggests an artist study as an undergrad rather than majoring in the arts. At no time does he feel the arts are not worthy of academic study.

Which is not to say that arts majors are taking advantage of these opportunities to the extent they should any more than the athletes are. It would be great if artists were feted and recruited in the manner athletes are, but that isn’t the world we live in. Perhaps athletes should be renumerated in accordance with the financial benefit their performance has for their school, but those activities should not be equated with academic achievement.

Philanthropy Clearinghouses

by:

Joe Patti

Back at the end of September a large meeting of people in the philanthropy world was held sponsored by Union Square Ventures which was recorded on their blog under the title Hacking Philanthropy. They posted the transcript of the meeting but given that there were about 40 people at this all day session, it is mighty long. Even after reformatting it so I could read and reference it a bit better, I haven’t had the time to tackle it.

One of the principals at Union Square Ventures posted his reflections on the meeting last month. One of the interesting things he observed was is that the relationship between individual donors and recipients.

“Historically, philanthropy has been dominated by organizations that gather funds from donors based on mission statement and a prior track record and then distribute those funds to those in need. Once the check was written, the donor’s work was done….

Recently we have seen the emergence of a new type of charity, one that radically changes the relationship between donors and recipients. Nonprofits like DonorsChoose and Kiva behave more like marketplaces than traditional charities. This new model allows people in need to post a request for a gift or a loan to the site, and donors to chose which of those needs they would like to fund….

….But information technology also makes it possible to have a much more immediate relationship with the person in need. The appeals to sponsor a child have always had a deep emotional resonance, but it was not possible to put every child’s picture in an ad in the NY Times magazine. Today, it is possible to host hundreds of thousands of pictures and stories on the web and to provide tools to for donors to quickly find the appeals that speak most directly to them.

Organizations like Kiva and DonorsChoose vet the recipients and certify there is no fraud involved and groups tools to promote their needs. DonorsChoose focuses on helping schools sends disposable cameras to teachers so they can document the good the donations are doing then passes the pictures and handwritten letters from students on to donors.

The next 10 years may see a growth in this model of fundraising. The core of an arts organization’s annual campaign may be focused on maintaining the organizational profile on donation clearinghouses rather than direct (e-) mailings and phone banks. It would be interesting to see if larger foundations farm out fraud monitoring activities to companies like Kiva and DonorsChoose as these latter entities grow their proficiencies in this area.

I hope to post my thoughts on the full transcript of the meeting some time soon. The stout of heart might want to take a look themselves.

New Haircut

by:

Joe Patti

So, we have a new look here at Butts in the Seats. Things are still under construction as I work to figure out how to use this new version of Movable Type. My main motivation for upgrading was that I was getting nearly 1000 spam comments a day and I heard MT 4 had better spam filters.

Well, I haven’t gotten any yet.

I was also thinking it was about time that I upgraded the look to take advantage of new features blogging software have these days.

I will be poking around improving the look over time. Today is my only day off until Thanksgiving so some of the changes will be slow in coming.

On the positive side, you can make your visits to the site a game and try to discover what changes I have made each day!