Esoteric
Well-Known Member
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
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