Lighting Design Contract Questions

[Esoteric]

So I have an opportunity coming up to design a show where there is talk of taking the show to New York for workshops and off Broadway performances (with of course the ultimate hope in in years of that less than 1% chance paying off and the show getting a run).

The show in its very preliminary form is going to be performed at a city theater, so there is no problem there. But, my normal design contract has a clause in it that I have right of first refusal on any remounts, tours, or any other performances of the show for the next 5 years by the company I do the original design for.

Here is the rub. For the first large performance (in a year or so), the company is looking to book a large theater that is home to a LORT company. Now as I understand the LORT system, it refers to the company rather than the theater, but I admit I am fuzzy on the issue. I know that most LORT theaters use USA members for designs. Well, the costume and scenic designers of this show are USA members, but the sound designer and myself (lighting and video) are not. With the way the company is talking it sounds to me like they might try to use this "issue" in order to hire a new designer when the show goes on "on the road".

It seems this way because they are already balking a bit at the idea of me having the right of first refusal for the design anyway.

It seems like a dodgy bet I know, but I think they want me to do the local show because of the equipment that I can bring (at a great price) locally, and then would look to dump me and hire a big name IF the show makes it that far (I know it is a VERY, VERY, VERY small chance, but there is still a chance). I also think that by paying me and the sound designer less than the other two (since they are USA members and we are not) they were able to finagle budget numbers.

I have NO problem doing this show at the price I quoted (obviously), but only if I retain right of first refusal and the chance to design the show in New York.

So am I remembering our college lecture on LORT correctly? Is it odd to negotiate this type of right of refusal? Am I being paranoid (keeping in mind the only reason I am doing this show at this small of a profit is the chance, no matter how small that I might get to design it in New York)?

Mike

 

[MNicolai]

I haven't studied the full agreement, but as I glanced through the LORT/USA agreement, this section stuck out.

Union Security

A. Any Designer whether or not a member of the UNION who is engaged to design a covered service must sign a Cover Sheet.
B. As a condition of employment, any Designer shall, subject to applicable statutory provisions, be required to make application to join UNION upon his/her employment for a FOURTH (4th) covered service. Notwithstanding the foregoing, there shall be FIVE (5) covered engagements in each season free from requirements of union security for Theatres that have stages which are ONE HUNDRED PERCENT (100%) covered; provided, however, that such exemptions from union security are limited to Designers on 0-1 visas or who are residents of the community in which the Theatre is located and who have a continuing relationship with the Theatre.
C. Notwithstanding B, above, with regard to the category of A+ Stages, as a condition of employment but subject to applicable statutory provisions, any Designer shall be required to make application to join the Union upon his/her employment by the A+ Stage for a first covered service.
D. Nothing in this Article shall be construed to require a Theatre to cease or refrain from employing a Designer if the Theatre has reasonable grounds for believing that:
1. Membership in the UNION was not available to him/her on the same terms and conditions generally applicable to other members; or
2. Membership in the UNION was denied or terminated for reasons other than his/her failure to tender the periodic dues and the initiation fee uniformly required by the UNION as a condition of acquiring or retaining membership.
E. The UNION agrees to propose for membership on non- discriminatory terms any present or future Designers employed by LORT Theatres whose membership in the UNION would be required by this Article.

At the very least it sounds like you can put the decision off. If you were offered to take the tour, you could apply to USA then, and whether or not you're accepted, you could tour through LORT theaters. An important part of the above clauses is what a "covered service" is, which the agreement defines as:

A. This Agreement is entered into by the parties hereto only with respect to, and is applicable only to, design services (hereinafter referred to as "covered services"). A covered service is a design service for a main stage production produced by a Theatre and announced or actually running for at least SIXTEEN (16) performances, but excludes C1 (2nd stages), C2 and D stage productions (except insofar as specified in paragraph B below), workshop productions, children's theatre productions, student audience productions, experimental productions, dark night productions, and readings or other productions covered by the LORT-Equity Casual Employment Rider.

That being the case, it sounds like you'd need to do three previous designs as covered services at that theater before being required to apply to USA.

This clause from Transfers Not Planned In Advance may be of interest to you as well. It appears to give you what you're looking for whether you have it negotiated it for in your current contract or not.

If a LORT Theatre or a non-LORT producer transfers the production with the original design to a LORT Theatre, the Designer shall be afforded the first option to perform additional work. If the Theatre determines that additional work is required, the Theatre and the Designer shall negotiate compensation therefor at no less than the applicable minimum daily rate. The Designer shall have ten (10) days in which to respond in writing to the Theatre's offer of additional work. To the extent that the Designer is unable or unwilling to perform the additional work, the Theatre, after consultation with the Designer, may engage, at its cost, another person to perform the additional work.

Because we're into legal territory, let me take a moment to point out that I am not an attorney, have not played one on TV, and what I have provided above is not to be considered "legal advice".

 

[jstandfast]

Your "local" USA 829 office would be Chicago..........