so you wanna be a producer

Sponsored by Walton & Parkinson Ltd, insurance brokers to the theatre industry. Tel: 0845 218 4140. Email: [email protected].

“So, you wanna’ be a Producer?!” i. ( of 2)

STARTING OUT AND USING THIS GUIDE

An Introduction by Nick Salmon

Welcome to our Guide, the purpose of which is to provide first time producers with an introduction to the basic skills they will need to produce a play on a commercial basis. By the nature of the business of producing plays, each of which is unique, this Guide cannot be comprehensive, but we hope it will start new producers on the right track and give an introduction to the basic skills needed to produce commercially. The various key points in the individual contributions are intended as a guide and an aide memoire. You will not necessarily achieve all of them on every production, but do try to achieve the best terms possible and if in doubt, take advice.

Producing plays commercially has become ever more difficult and complex. The risks involved in producing plays have always been very high, but recently we have seen the rewards and returns dwindling. This has led to producers having to be ever more inventive and creative in the ways they set up and launch their productions in order to ensure that the costs are kept at a level at which a reasonable return can be made to investors, provided the production plays to sufficiently high box office receipts. As costs inevitably continue their upward spiral, producers have resorted to more and more co-productions with other commercial producers and with subsidised producing companies. The latter has enormous benefits both for the commercial producer, who will mount his/her production at a considerable saving, and for the subsidised company who will be able to present a play which it might not otherwise be able to afford, possibly with star names, and from which it can earn from its future exploitation. It is not only rising costs that today’s commercial producer has to cope with, but also the fact that plays are often playing for shorter runs in the West End and on tour. Star actors will not always commit for long runs, and often producers are finding that the audience for a particular production is all too limited; this makes it difficult to recover the initial investment quickly and still make a good return in the often all too short time available. In addition to these pressures on profits, a producer also now has to cope with ever more red tape and bureaucracy. The Financial Services and Markets Act makes it difficult to raise money. Employment legislation, health and safety, EU legislation, ever longer and more complicated contracts and many other factors make the producer’s job more and more complex. I hope this Guide will act as an aid in assisting new producers, not only in providing some basic information, but also in helping with the presentation of new productions that will have every chance of making large profits. Before embarking in your first production consider the following:


“So, you wanna’ be a Producer?!” i. ( of 2)

STARTING OUT AND USING THIS GUIDE

by Nick Salmon

1. Do not attempt to produce a musical as your first production. The Guide contains many references to and details about musical production in order to be as comprehensive as possible but, in view of their complexity and costs, a new producer would be foolhardy to attempt a musical as a first production.

2. Always ask for and listen to advice from established producers. It is never too early to come to Stage One for advice and we are available as a free resource.

3. Work out your figures very carefully and assess the risk you are taking. No one has to produce a play! If the costs are too high or the risk too great, don’t do it! - or find another way of presenting it. If you want to make a living as a commercial producer you must make business decisions as well as artistic ones.

4. Persevere - it is not easy to produce plays. Although you can benefit from the

experience of others, do try to find new ways of presenting plays that will make money.

Finally, I would like to thank all the contributors to this Guide for their very valuable input. They are all leading professionals in their fields and have very kindly contributed to this Guide because they are keen to help newcomers start in the Industry. All of the contributors would be very interested in your comments (good or bad) on the Guide. It will only continue to be of value and improve if those using it tell us what is missing or not clear. Good luck for your first production and for many more thereafter.

Nick Salmon Chief Executive, Stage One

For further information about Stage One see Section 5.

© Nick Salmon

Sponsored by Walton & Parkinson Ltd, leading insurance brokers to the theatre industry. Tel: 0845 218 4140. Email: [email protected].

“So, you wanna’ be a Producer?!” ii (Page 1 of 1)

AN INTRODUCTION TO COMMERCIAL

PRODUCING by Paul Elliott

So!... You want to be a producer?... Then welcome to a brave body of people who want to create that magical hit for which audiences will walk over hot coals and climb up greasy poles to buy tickets. Being a producer is not “rocket science” but it requires many talents coming together and the Stage One Guide will we hope give you the practical guidance on how to realise that dream. There are many highs and lows in the journey of a producer – I know… I’ve survived 40 years! Never get too “arrogant” when you have a hit… and don’t get too suicidal when you have a flop. A producer’s life is one of survival and tenacity… it’s a marathon not a sprint! When you have in your hand the script that you are convinced is the “one” then find the team to make it happen. The director you are sure you can work with… the designer who understands your budget – it’s your team… you are the captain… the leader… the psychologist!... And you will have to work harder than all of them put together and have that other strange component of success… luck!

Remember when you have raised the money (and the producer’s motto) 1) “never use your own money” 2) “never use your own money”!! Then your investors become your partners… it’s their show too… so keep them in the picture all the time – even when the news is bad! Look after your investors and they will look after you. No-one actually knows how this wonderful business works!.. There is no perfect solution to any problem… just use your instinct and flair… and with hard work and luck you will enjoy success. Stage One is here to help and encourage young producers – I hope you will be one of them… good luck… have fun… read on!

Paul Elliott Vice-Chair, Stage One

1

© Paul Elliott


“So, you wanna’ be a Producer?!” Section 1.1 (Page 1 of 8)

A THEATRE PRODUCER'S GLOSSARY

Note: This glossary gives what are considered to be the usual meanings of the words

and expressions concerned which are most commonly intended. It does not mean that they may not be differently defined for contractual purposes.

Advance

An advance against payment for future services or future use of copyright material. Frequently (but not necessarily) expressed as "non-returnable" and as "recoupable" in whole or in part from royalties or a portion of royalties. Advances are often paid to authors/composers for an "option" on their work and to directors and designers for their services to a production. The word "advance" may also be used to describe advance ticket-sales.

Angels

Investors in a theatrical production. Usually referable to private individuals but can be used to include corporate investors as well.

Box Office

In its narrow sense refers just to the kiosk in the theatre-lobby where members of the public can buy tickets, but in a wider sense can be used to refer to the whole ticket retailing system which is usually controlled by the theatre management. Can also be used to refer to advance ticket sales, as in "How big is the box office?" meaning "How much have you made in advance ticket sales?"

Break Even

The point at which weekly box office receipts (net of commissions and VAT) exactly equal running expenses so that there is neither a running surplus nor a running deficit.

Break Figure

The level of weekly Box Office Receipts below which notice of termination of a theatre hire agreement may be given by one party and/or the other. Sometimes also referred to as the “Notice Figure” or “Take Off Figure”. Not to be confused with “break even” (see above).

Broadway

Loosely means, in a theatrical context, the Broadway district of Manhattan in New York City and not just the street known as "Broadway". Sometimes, contractually, it is defined by reference to theatres of a particular size in a particular area bounded by specified streets in downtown Manhattan.

Bus and Truck Performances

An American expression which can also apply elsewhere relating to touring productions which transport the entire stage company and physical assets from place to place, presenting a small number of performances at each venue before moving on. In America (and sometimes elsewhere) they are often presented for a fixed fee (which forms the basis for calculation of royalties instead of box office receipts).

© D Michael Rose




Capitalisation

The estimated (as distinct from actual) cost of preparing a production up to the time of first paid public performance, as per producer's budget, including deposits and a reasonable contingency reserve.

Cast Album

A sound recording of the songs in a musical show featuring the cast or principal members of the cast of a particular production or productions.

Commercial Usage

Same as merchandising but related to services, rather than merchandise, but the expression may be used instead of merchandising to include both goods and services. May also be applied to sponsorship arrangements and use of show logo for commercial advertising or promotion.

Copyright

The exclusive legal property right to copy, perform, broadcast and/or adapt an original literary, dramatic, musical and/or artistic work, and/or a sound recording, film, programme or typographical arrangement. Governed by The Copyright, Designs and Patents Act 1988 (which amended and consolidated prior legislation) and regulations made thereunder. Copyright under English law is divisible both territorially and between media, and (unless otherwise agreed) may be licensed, sub-licensed and/or assigned.

Creative Team

The director, choreographer, stage-sets designer, costume and wigs designer, lighting designer, sound designer and orchestrator of a stage musical (i.e. the creative personnel who are usually remunerated with a copyright royalty). In the case of a non-musical play includes only the director and the designers of sets and props, costumes and wigs, lighting and sound.

Design Right

The exclusive legal property right (accorded by The Copyright, Designs and Patents Act 1988) to reproduce for commercial purposes the original design of the shape or configuration of the whole or part of a three-dimensional object (not mere surface decoration).

Development Charge/ Development Royalty

An additional charge which is sometimes made to the production costs of a major production in order to recoup losses from a previous "try-out" or a "workshop" production, in order to reflect the contribution of the "try-out" or "workshop" production to the development of the major production and the reputation of the work. Sometimes, instead of a carry forward of try-out losses, a small “development” royalty may be payable to the theatre management where the "try-out" or "workshop" was presented in recognition of some special financial contribution or indulgence by that theatre management.



A THEATRE PRODUCER’S GLOSSARY

DGA Agreement (APC Agreement)

Sometimes also referred to as the "APC Agreement" (Approved Production Contract) or "Dramatists' Guild Agreement". Refers to the standard form of production contract for plays (or the separate one for musical plays) of the Dramatists Guild Inc of America. It is a very detailed printed document running to over 45 pages promulgated by the Dramatists Guild Inc of America as a form of agreement which it has recommended to its members as being fair and reasonable to both authors and producers. It is frequently adopted (often with supplements and amendments) by authors/producers in the United States, US territories and Canada, but rarely if ever (doubtless because of its complexity and unfamiliarity) in relation to productions outside those territories. It is a useful reference work as to the custom and practice on the North American continent.

Electronic Rights

The right to reproduce a work on multimedia/CD ROM/internet or other means of computer transmission. Also referred to as "multimedia rights".

First Class Stage Rights

The right to present first class live stage performances of a work. There is no standard definition of "first class" but it is usually determined by reference to the size, location and reputation of the theatre, the use of professional performers and an experienced professional creative team, possibly the size of the budget and/or the standard of stage scenery and costumes, the length of anticipated production run and other such factors.

Fixer

A colloquial expression for the orchestral manager, who is responsible for engaging and fixing remuneration of the theatre orchestra on behalf of the producer (see Section 2.6.3).

Get-In, Fit-Up and Get-Out

As these expressions themselves indicate, they apply to the process of getting the stage scenery, props, costumes, sound and lighting equipment etc into the theatre; the assembly, positioning and fitting up of same in the theatre; and, after eventual closure, the process of removing all these items from the theatre, cleaning up and getting out of the theatre so as to leave it as it was before get-in.

Grand Rights

The performing rights in a dramatico-musical work.

Hold-Backs

Arrangements whereby authors and other copyright owners agree to "hold-back" on releasing certain reserved rights for a specified period whilst the grantee of other rights is exploiting those other rights. An example would be for an author to agree not to release amateur performance rights or motion picture rights without the producer's consent whilst the producer has the right to present professional performances, or not to release music publishing rights before the producer has put out a cast album.

© D Michael Rose




House Seats

An allocation of seats for each performance at the theatre which, by arrangement between producer and theatre manager, are specially reserved for disposal by the producer to persons connected with the show, and friends and associates. House seats are usually released to the box office for sale, if not disposed of by or under permission of the producer at least 48 hours before each performance. The producer may put one or two pairs of house seats for each performance at the disposal of favoured individuals, such as author, composer, and possibly certain privileged members of the creative team. It is usual to require all house seats to be paid for at regular box office prices even if used by the producer himself, so that royalty holders and investors are not disadvantaged.

Library Agent

An appointed agent for the sale of theatre tickets who is allocated a block of tickets for a specified booking period, sometimes on credit terms or on sale or return, and who is not required like other retailers to purchase tickets for cash over the counter or otherwise on an ad hoc basis.

Merchandising

The marketing of merchandise, featuring the title and/or logo and/or artwork and/or characters of a show in order to enhance the sale of such merchandise e.g. on tee shirts, coffee mugs, ashtrays, stationery etc.

Moral Rights

These comprise (i) the right of an author not to have his/her work subjected to

derogatory treatment which may damage his/her reputation; (ii) the right of an author to accreditation (if asserted); (iii) the right not to be falsely accredited as author of someone else's

work and (iv) the right to privacy in respect of certain photographs and films

made for private and domestic purposes. Only the author has moral rights which cannot be assigned but may be waived. Moral rights were introduced into English law in 1988, but have been established on the continent in one form or another for many years. Moral rights differ from and do not pass with copyright.

Motion Picture

An all-embracing expression covering audio-visual exploitation of a work by any or all of cinematograph exhibition, television, (including cable and satellite), and/or videogram. May also be used to include electronic rights i.e. multi media/CD ROM/internet.

Music Publishing Rights

In a theatrical context music publishing rights are usually reserved to author/composer when granting the right to a producer to present a stage musical. In this context, "music publishing" can be contractually defined according to taste but is usually confined to:

© D Michael Rose



A THEATRE PRODUCER'S GLOSSARY Music Publishing Rights Cont ......

(i) sound recordings of individual songs from the show in a non-dramatic

context; (ii) synchronisation of musical compositions from the show with the

sound track of a motion picture; (iii) publication of printed sheet music and (iv) non-dramatic "small performing rights" in individual songs of the kind

administered by collection societies such as the PRS. (See "small rights").

Opening Night

Sometimes called "press night". The first paid public performance after the end of "previews", being the performance to which the press is invited, which will form the basis of theatre critics' first night press reviews. Tickets are usually by invitation only and many are complimentary.

Overcall

A contractual obligation on investors in a production to top up their original investment by a specified percentage or specified amount, in the event that the producer's budget on which s/he has based the capitalisation of the show turns out to be an underestimate so that additional capital is required. Some investment contracts contain provision for an overcall and some do not. It is obviously desirable to avoid an overcall requirement wherever practicable since it is a discouragement to investors if they are under an obligation to top up their original subscription.

Per Diems

Fixed amounts payable to certain individuals, such as authors, composers and production personnel to cover their daily subsistence expenses such as meals, transport etc whilst working away from the place where they live.

Previews

Public performances, sometimes purchased by charities, prior to the official opening (press night), during which performances are still being tested against audience reaction with a view to making any last minute changes which may be considered to be desirable.

Production Costs

The actual capital cost of preparing a production up to the time of first paid public performance (including a reasonable "contingency reserve"). Note that the word "costs" is interchangeable with "expenses".

Production Schedule

A timetable for preparing a production ready for opening, including dates for matters such as casting auditions, completion of designs, completion of costumes, stage sets and properties, advertising launch, box office opening, commencement of rehearsals, dress rehearsal, "get - in" to theatre, first preview and opening night.




Qualifying Period

A specified number of consecutive performances (usually 21) within a specified option period, as a criterion for a producer to "qualify" for continuing stage rights and/or for subsidiary exploitation rights in other media to which s/he may become entitled. Sometimes also used as the yardstick for "merger" of rights, namely the merger of different strands of copyright material into a composite whole in order to preclude separate copyright exploitation of the component parts.

Recoupment

The point at which all "production costs" (i.e. the capital cost of mounting a production up to opening) have been “recouped" out of the surplus of box office revenue over running expenses. It follows that "double" or "125%" or "150%" recoupment is the point at which double or 125% or 150% (as the case may be) of "production costs" have been "recouped" out of the surplus of box office revenue over running expenses.

Repertory Performances

Performances by a so-called "resident or semi-resident" stage company under the same management as part of a repertoire of a number of works pre-programmed for a fixed season at a fixed venue or venues.

Reproduction

A mirror-image recreation (as nearly as circumstances permit) of another production of a particular work including the recreation of the stage directions, designs and other production elements of the original production.

Royalty

Strictly means remuneration for the use of copyright material. Usually expressed as a percentage of box office receipts or other revenue but may be a "fixed" royalty e.g. a fixed sum per performance.

Royalty Cap

A limit on the amount of weekly box office receipts on which royalties are calculated (usually prior to Recoupment only), the excess being sometimes referred to as "exempt" box office receipts and sometimes merely being deferred so as to cut back in at a later stage of profitability. See comments under definition of "Royalty Pool", the purpose and effect of which is very much the same.

Royalty Pool

Applies where an aggregate royalty is fixed for all or a specified class of royalty participants, to be shared between them in specified proportions (usually pro rata to their full royalties) instead of full royalties. As in the case of a royalty cap or deferral the purpose is to accelerate recoupment,

© D Michael Rose




Royalty Pool Cont ....

or to delay closure of a production where it would not otherwise be financially viable to continue, or to enable a production to be presented where it would not otherwise be viable to present it. Sometimes the amount surrendered by a royalty pool is merely deferred and made to cut back in if and when the production reaches a specified level of profitability. The effect of the pool is to spread the risk more evenly between the producer, investors and royalty participants.

Running Expenses

The weekly running expenses from the time of the first paid public performance (including producer's royalty and office management fees). Again, the word "costs" is interchangeable with the word "expenses". Sometimes also called "operating costs" or "operating expenses".

Second Class [Stage] Rights

The right to present amateur, stock, repertory, condensed, tabloid and/or concert version performances of a work, and includes anything else not regarded as "first class”.

Small Rights

The right to present short live performances of individual musical compositions from a dramatico-musical work, in a non-dramatic fashion (i.e. without dramatic staging, costume or mime) usually in accordance with rules of collection societies such as the PRS (Performing Right Society) which limit such non-dramatic performances to not more than 25 minutes and not more than 25% of the whole work.

Sponsorship Deal

An arrangement whereunder a non-returnable sum of money is contributed to the revenue of a production in return for advertising or publicity or promotional services or special privileges relating to the production.

Stock Performances

Broadly speaking the American equivalent of repertory performances. Technically means performances governed by US Equity's standard form of contract for employment of actors in productions classified as stock, resident theatre or dinner-theatre type performances.

Subsidiary Rights

Sometimes called "secondary" or "ancillary" or "residual" rights. The right to exploit a work in other media or in other ways, apart from [first class] live stage performances. Thus subsidiary rights may include any or all of (i) motion picture rights (ii) electronic rights (iii) merchandising and commercial usage (iv) cast album and also, possibly (v) second class stage rights if not within the principal rights granted.

© D Michael Rose




Weekly Box Office Receipts

Amounts received each week from the sale of tickets for performances after deducting VAT, credit card and agency commissions and certain other specified standard deductions of a similar nature in accordance with local theatrical practice in the territory concerned. Royalties will often be expressed as a percentage of the box office receipts. WBOR usually form the basis for calculation of royalties and are the principal source of production revenue.

West End

In a theatrical context reference to a production being presented in "the West End of London" is usually intended to mean presentation at a theatre which is a member of SOLT (Society of London Theatre) comprising major theatres in and around the West End of London (see Section 2.1).

Withholding Tax

A tax which is required by law to be withheld from payment of royalties or fees to overseas investors or service providers, unless special exemption is obtained from the Inland Revenue. A producer who fails to withhold tax on payments to overseas residents in circumstances where required to do so will be responsible for paying that tax to the Inland Revenue or other local tax authority, whether s/he gets it back from the payee or not.



SETTING UP A PRODUCTION

The Role of the Producer The role of the producer is manifold and diverse. In effect s/he will be responsible for making arrangements for every aspect of the production in order to prepare it for presentation to the public on stage, subsequently managing it during the course of its production run and finally making all necessary closure arrangements. Thus his/her many functions will include:-

1.

Acquiring the rights in the basic work from author, composer, collaborators, translators (if any), and owner of any underlying rights e.g. in a film or novel from which a play or musical is being adapted.

2.

Engaging and commissioning any original or new writers to finish an uncompleted work or revise one which is supposedly completed but is in need of a re-write, and acquiring the rights in their work.

3.

Finding and hiring a suitable theatre in a suitable location, possibly after a previous try-out or workshop production.

4.

Putting together and engaging the creative team of director, choreographer, set designer, costume designer, lighting designer, sound designer, and also orchestrator if no acceptable orchestrations already exist. Also engaging a support team of their assistants, supervisors and other production personnel where appropriate. Obviously in the case of a non-musical play there will usually be no sound designer, orchestrator or sound engineer.

5.

Preparing a detailed budget relating to the estimated capital cost of mounting the production and, separately, the weekly running expenses, with reasonable contingency reserves. Also preparing projections as to the time it will take to reach recoupment and break even at different levels of theatre capacity.

6.

Raising the money which may involve private finance from "angels" or loan capital or a mixture of both and ensuring (on professional advice) compliance with Financial Services & Markets Act 2000 regulations.

7.

Arranging the manufacture and purchase or hire of the physical assets of the production i.e. the stage scenery and props, costumes and wigs, and any special equipment required.

8.

Putting together and engaging the cast of performers and understudies which may involve arranging and attending auditions. Also, in the case of a musical, engaging musicians, conductor and musical director.

© D Michael Rose




The Role of the Producer

9.

Preparing a production schedule i.e. timetable for various things to be started or completed in readiness for scheduled opening.

10.

Dealing with advertising, publicity and promotion, both in advance of opening and during the run of the production, which may involve the commissioning of special artwork and logo from a graphic designer.

11.

Arranging with theatre management the opening of the box office for advance bookings, discussing and approving ticket retailing arrangements with box office management.

12.

Arranging with printers for posters and "flyers" and other printed material such as special programme covers and "biogs" to go in the programme.

13.

Setting up special bank accounts for the production and retaining lawyers and accountants as appropriate.

14.

Setting up internal accounts, admin’ systems and personnel for management of the production.

15.

Arranging and holding rehearsals, including technical and dress rehearsals, band calls and stage management.

16.

Opening night arrangements including the printing and issue of invitations to press, celebrities, persons connected with the production etc; and arranging any opening night party.

17.

Arranging with theatre manager and contractors for "get-in" and "fit-up" and, eventually, for closure and "get-out".

18.

Arranging for disposal, scrap, storage or return to hirer of the sets and costumes after closure.

19.

Arranging with accountants for preparation of interim and final production accounts and royalty statements, distributions to investors, payment of royalties, salaries and other expenses during the course of the production.

© D Michael Rose



The Role of the Producer

20.

Arranging insurance cover and considering with brokers the level of cover and extent of insured risks required to be covered.

21.

Maintaining close consultation with the creative team during preparation and rehearsals in relation to artistic presentation, ensuring all elements are co-ordinated and everything ready for opening.

22.

Arranging for "house seat" disposals and return to box office of any that are unused.

23.

Arranging special preview sales to charities, attending previews, and making any last minute changes during the course of previews in light of audience reaction.

24.

Monitoring the performances from time to time during the run of the production to ensure quality is maintained.

25.

Arranging for any subsidiary exploitation which may be appropriate, such as merchandising, motion picture, second class licensing, cast album, subject to having acquired the relevant rights.

26.

Negotiating contract terms of all the above, and liaison with lawyers where appropriate.

27.

Generally sorting out the many unforeseen problems which inevitably arise in relation to the above, and endeavouring to keep the stage company happy and working at their best.

28.

Winding up the production after closure, and accounting to all relevant parties.

© D Michael Rose



KEY POINTS TO CONSIDER WHEN COMMISSIONING

OR OPTIONING A NEW PLAY OR A NEW MUSICAL

General Comments

There is a collective bargaining Agreement, operating from June 1993 between TMA (1) and the Writer's Guild of Great Britain, The Theatre Writer's Union and the Scottish Society of Playwrights (2) which sets out minimum terms for contracts between their respective members (other than English Stage Company, RNT and RSC) for plays in subsidised repertory theatre throughout the UK (but excluding West End of London). These minimum terms may be supplemented or enlarged by agreement between the parties. Reference should be made to the TMA booklet for these minimum terms in relation to subsidised repertory productions outside West End of London.

Apart from the above subsidised repertory agreement and agreements relating to the above National Companies, there is no standard form agreement between producer and author, so that such agreements are subject to negotiation in each case. Much will depend on individual circumstances, including the relative bargaining strengths and weaknesses of the parties. Each case is different and the scope for variation is very wide. The following key points relate to "open" contracts of this nature.

In the case of a new work which has never been previously presented the producer will be helping to establish the reputation of the work and bring it to life, so as to generate revenue from future exploitation. Therefore, unless the author is a big name and possibly even then, the producer should be able to negotiate a better financial package in relation to subsidiary exploitation and/or continuing financial interest after closure of his/her initial production, than would otherwise be the case.

Applicable to Newly Commissioned Works

• Lump sum advance payable by instalments against delivery of first draft, second draft, final version etc, according to a timetable.

• Advance to be recoupable (or partially recoupable) from royalties. • Any permission needed from other authors to engage new writer? • Suggest that since it is a work-for-hire based on other partially

completed work, copyright in new material should be assigned outright to producer, in all media in perpetuity without reverter, upon payment of final instalment of the advance. If not assigned, but only optioned or licensed, see separate section on non-commissioned work below.

• Query whether usual reservation of "music publishing rights" in favour of the writer (applies to stage musicals only). Arguably, if commissioned there should be no reservation.

• Ensure no obligation on producer to use the new material. • Query waiver of writer's moral right to non-derogatory treatment, if

producer is to be able to use part of the new work, as distinct from the whole, or to make any changes in it, or mingle it with that of other writers, or have it translated into other languages.

© D Michael Rose





Applicable to Option on New Non-Commissioned Work

• Length of option.

• Advance payment for option.

• Is advance to be wholly or partially recoupable from royalties?

• Is option period extendable by further advances? If so for how

long?

• Scope of option:

• Any territorial or other geographical restriction on stage rights option e.g. West End, U.K, overseas, fixed venue

• Any classification restriction on stage rights option • all professional? • first class only? • all live stage, including amateur?

• If confined to first class, is workshop or try-out permissible?

• If confined to West End, is a pre-West End tour permissible?

• Qualifying period:

• usually 21 consecutive performances (excluding Sundays and public holidays) commencing within option period.

• Qualifies for:

• widening scope of stage rights, territorially or otherwise

• acquiring subsidiary rights, and if so, what (see below)

• merger of different strands of the work into a single whole so as not to be separately exploitable.

• Licence or Assignment after qualifying? Which?

• If assignment, query any geographical or rights limitation?

• If licence: • Query perpetual? • Query exclusive? • Any reverter of stage rights and if so how

does licence lapse e.g. if less than [50] performances p.a. after a specified period following closure of initial production?

Cont .... © D Michael Rose





Applicable to Option on New Non-Commissioned Work

• Query avoidance of lapse by payment instead?

• Any reverter of subsidiary rights? If so when? and remember to reserve pre-existing contracts.

• Subsidiary Rights (subject to qualifying):

• What subsidiaries is producer to have, if any?

• Merchandising? • In theatre only or general?

• Motion Picture: • Cinema • TV • Video • Multimedia • “As staged” only or right to adapt? • Cartoon/animation rights?

• Cast album (in case of stage musical only).

• Second class stage rights? (Amateur, stock, repertory, concert).

• Foreign language rights? Right to translate?

• For how long are subsidiary rights to last? 20 years or perpetual, or as long as stage rights?

• If subsidiary rights (or stage rights) revert or are reserved, does

producer have share in author’s or copyright owner’s subsequent exploitation and if so what share (20%?) and for how long?

• Sub-licensing:

• Permissible generally? • Limited to affiliates? • Subject or not to approval? • Any approval not to be unreasonably

withheld?

Applicable to both Newly Commissioned and Non-Commissioned works

• Reserved rights: • What rights and/or territories does author

wish to reserve for him/herself? • In case of a musical, author will

invariably want to reserve “music publishing rights” in individual songs.

• General reservation of all rights not expressly granted.







• Hold-Backs:

• Non-release of any reserved stage rights either generally or in a specified territory

• Non-release of music publishing before producer’s cast album

• Non-release of any reserved motion picture rights

• Free motion picture synchronisation right?

• Royalties: • What total percentage of Weekly Box

Office Receipts (WBOR) (6% to 8%) for author’s copyright?

• How split between various authors and collaborators, and any new writers?

• Any royalty pool or pre-recoupment royalty cap to apply, and if so is there to be any deferred claw back (see Section 4.6)

• Any escalation by reference to recoupment or a multiple of recoupment

• Where royalties depend on recoupment specify producer’s office management fee and royalty in definition of recoupment (usually management fee starts two weeks prior to first rehearsal and ends two weeks after closure)

• Any other royalty limitations e.g. bad debts, “bus and truck” company share provision.

• Subsidiary revenue:

• How are profit shares (i.e. net revenue) to be split between author and producer relating to various different categories of subsidiary rights?

• How long sharing to continue?

• Payment procedures: • Royalties

• in UK within 7 days after end of each week

• overseas within 14-30 days after end of each week/month

• accompanied by copy box office returns.







• Subsidiary Revenue

• motion picture within 14 days of receipt

• otherwise quarterly within 60 days after end of each quarter

• accompanied by financial statements. • Verification by inspection of accounts • Recoupment accounts, interim and final

production accounts • Production accountants • Withholding tax provisions.

• Approval/consultation rights. • Billing credits and biogs. • Author’s attendance rights, accommodation, travel expenses and per

diems. • Producer to have artistic control. • Warranties:

• by owner • as to title • no obscene or defamatory content

• by producer. • Moral Rights:

• Is waiver needed? E.g. if changes are contemplated.

This section has been specially prepared for Stage One by D. Michael Rose of Tarlo Lyons, Solicitors. © Copyright reserved to D Michael Rose


KEY POINTS TO CONSIDER IN CREATIVE

TEAM CONTRACTS

Director, Choreographer (if any), Set Designer, Costume Designer, Lighting Designer, Sound Designer (if any), Orchestrator (if any).

Standard Collective Agreements

Collective bargaining agreements exist for all members of the creative team (other than orchestrator and sound designer) setting out minimum terms agreed between SOLT/TMA/BECTU/Equity/MU on behalf of their members for both West End and elsewhere in the UK. These minimum terms (where applicable) should be incorporated expressly into individual contracts which, however, may supplement or enlarge the minimum terms by agreement between the parties. Copies are obtainable from SOLT or TMA.

Key Points: • Contracting Parties • individual personally or

• lend-out company, plus inducement letter (guarantee) from individual.

• Repro and/or subsidiary rights or not? If so

• Query option to use in other stage productions • Query option to use in other media exploitation?

• If Repro Rights apply • Options for future engagement • Appointment of deputies • Approval of deputies and/or nomination rights • Any deduction from principal’s royalty of any part of deputy’s

remuneration? • Query need for changes in material. Moral rights waiver?

• Tie in to Production Schedule

• Description of Services and Duties

• For initial production • Delivery of copyright record to producer • Exclusive availability from first rehearsal date • Quality checks after opening • Services for future repros.

• Assistants and support staff

• What is a producer to

• provide? • pay for?

• Exclusive copyright licence • Consider assignment as alternative • May pay more for assignment • Assignment may be resisted • Termination and Reverter (or Lapse).

• Remuneration

• Fees advance • Royalty

• Amount? • How payable? Instalments? E.g. 1/3

on signature, 1/3 on first rehearsal, 1/3 after opening

• query recoupable from royalties in whole or in part?

• For initial production • For repros

Continued ....

© D Michael Rose



KEY POINTS TO CONSIDER IN CREATIVE

TEAM CONTRACTS

• Remuneration Cont .... • Royalty limitations • Caps • Pools • Deferrals • Waivers • Bus & truck - “company share” in

lieu of WBOR • Bad debts relief.

• Any major and minor territory differentials

• in order to determine • scope of rights • rate of remuneration.

• Subsidiary exploitation • at remuneration to be arranged or fixed in advance. • Expenses and ownership of

models, samples, sketches, drawings.

• Inspection and verification of accounts if remuneration dependent on recoupment.

• Payment procedures and accounting

• for WBOR royalties • for share of subsidiary revenue.

• Billing credits • Size, prominence, layout • Biographies.

• House seats (where controlled).

• Warranties • By owner • By creative team member.

• Query need to incorporate SOLT/TMA/BECTU/Equity/MU standard terms

• refer to relevant standard booklet for details.

• Retention of overall artistic control by producer

• Need for consultation by team among themselves and with the producer.

This section has been specially prepared for the TIF by D. Michael Rose of Tarlo Lyons, Solicitors. © Copyright reserved to D Michael Rose


THE SOCIETY OF LONDON THEATRE (SOLT)

1.1 Introduction

The Society of London Theatre was formed in 1908 by the famous Actor Manager, Sir Charles Wyndham. Originally named The Society of West End Theatre Managers, it has changed its name to The Society of West End Theatre, and latterly, The Society of London Theatre, to reflect an increasingly wider London membership. The Society is colloquially referred to as ‘SOLT’. The Society represents the interests of the producers, owners and managers who work in more than 50 of London’s commercial and state-supported theatres. Theatres currently represented in SOLT membership are:

• Adelphi • Noel Coward

• National (Olivier, Lyttelton, Cottesloe)

• Aldwych • New Ambassadors • Apollo • New London • Apollo Victoria • Old Vic • Arts • Open Air * • Barbican (Barbican, Pit) • Palace • Cambridge • Peacock • Coliseum • Phoenix • Comedy • Piccadilly • Criterion • Playhouse • Dominion • Prince Edward • Donmar Warehouse • Prince of Wales • Drury Lane, Theatre Royal • Queen’s • Duchess • Royal Court • Duke of York's • Royal Opera House • Fortune • Sadler’s Wells • Garrick • St Martin's • Gielgud • Savoy • Shakespeare’s Globe * • Shaftesbury • Haymarket, Theatre Royal • Novello • Her Majesty’s • Vaudeville • London Apollo Hammersmith • Victoria Palace • London Palladium • Whitehall • Lyceum • Wyndham's • Lyric * Seasonal “So, you wanna’ be a Producer?!” Section 2.1 (Page 2 of 4)


1.3 SOLT Publications

Publications include: • the Official London Theatre Guide - the definitive fortnightly

listing of productions in SOLT member theatres • the Official London Theatre Guide Online – the world’s leading

London theatre website, constantly updated (www.OfficialLondonTheatre.co.uk)

• the Theatre List, a detailed fortnightly-updated list of current shows and forthcoming shows aimed at theatre professionals, critics, and committed theatregoers

• the Access Guide to London’s Theatres detailing access and equipment facilities and details of concessionary price/s

• the Box Office Data Report – annual summary and analysis of the previous years’ box office figures, published each Spring

• The Wyndham Report, After Wyndham – a continuing series of research and campaigning reports into key issues affecting London theatre

• the West End Theatre Audience Report – the result of a major research project by MORI into the profile of current theatre audiences.

1.4 SOLT Services

Services include: • tkts Ticket Booths in Leicester Square and Canary Wharf DLR

station provide on the day sales to personal callers • Fax Back Service - dial a number and receive a seating plan • Newspaper listings – comprehensive theatre listings compiled

currently for The Sunday Times, The Observer, The Daily Mail, The Mail on Sunday and smaller syndicated publications

• First Night List and Photocall Diary – two SOLT-administered services to avoid publicity clashes

• Theatreland Car Parking Scheme - special evening rates for theatre-goers at selected Westminster City Council Masterpark car parks

• Professional forums – SOLT-chaired discussion and action groups open to Members and their colleagues, e.g. SOLT Marketing Group.



1.5 SOLT Promotional Activities

Promotional activities include: • two big promotions and audience development initatives during

the year: • i) Get Into London Theatre in January which features offers on

many West End shows (www.getintolondontheatre.com) • ii) Kids Week in the West End, an annual late-summer audience

development initiative featuring ‘Kids Go Free’ ticket offer and a range of events, tours and parties (www.kidsweek.co.uk)

• Theatre Tokens - a nationwide gift token scheme, on sale at theatres, most branches of WH Smith, by telephone on 0870 164 8800 and online at www.theatretokens.com.

• Travel Trade Conference/Exhibitions – representing London theatre at shows including World Travel Fair and British Travel Trade Fair

• The Laurence Olivier Awards – the annual celebration of excellence on the London stage.

1.6 To become a Producing Member of SOLT

In order to apply for membership a producer should contact SOLT in the first instance, and will then need to seek two Board members who are willing to propose and second the application. Subject to Board approval the application will then go to a ballot of the whole membership where a simple majority will secure election. A producer will need to place four deposits with the LTC (see section 2.3) and establish a good track record of meeting obligations to Equity members before being granted ‘non-deposit’ status.

1.7 Benefits of Membership

include:- • standard contracts, minimum terms and conditions for employees

with entertainment unions Equity, M.U. and BECTU • free legal, industrial and professional advice from in-house staff

on all aspects of theatrical management • advertising opportunities at preferential rates in the London

Theatre Guide (distributed fortnightly to 175,500 readers) • publications and promotion initiatives • a public affairs and lobbying service from in-house staff and a

concerted ‘national’ press voice • access to the Society’s Angels list • regular circulations on current management information and

issues, e.g. industrial relations, employment law • national lobbying for theatrical causes • eligibility to participate in the Laurence Olivier Awards.



1.8

SOLT shares offices and some staff with the TMA (see Section 2.2) Address: 32 Rose Street Covent Garden London WC2E 9ET Tel: 020 7557 6700 Fax: 020 7557 6799 Email: [email protected] Website: www.officiallondontheatre.co.uk

1.9

SOLT provides financial support annually to Stage One. In addition, SOLT jointly established the Bursaries for New Producers with Stage One and provides matching funding for the scheme.

© SOLT


THE THEATRICAL MANAGEMENT ASSOCIATION (TMA)

2.1 Introduction

Formed by Sir Henry Irving in 1894, Irving’s first Presidential speech introduced TMA as “[protecting] ... the interests of theatrical managers, to resist encroachments, and to obtain redress of grievances. The purpose for which we have met here today must, I am quite sure, commend itself to all. We are simply forming the nucleus of a protective body, so that we can from a central point look after the interests of theatrical managers throughout the country”. TMA is the UK-wide sister organisation of The Society of London Theatre and has members in England, Northern Ireland, Scotland and Wales. TMA Statement The Theatrical Management Association represents the essential interests of the performing arts in the UK. TMA is dedicated to:- • promoting excellence in the production, presentation and management

of live performance • supporting its members in all aspects of their professional activities • strengthening links between members for the exchange of ideas,

information and expertise • encouraging recognition of the vital role of the performing arts. TMA represents building-based theatres: • subsidised, producing houses • presenting / touring houses • commercial non-subsidised repertory • local authority venues • community theatres and organisations: • touring companies - subsidised and commercial • opera & ballet • theatre for children, Theatre in Education & Young Peoples’ theatre.

© TMA



A cross-section of its membership (nearly 400 members) is:-

• Almeida Theatre, London

• New Theatre, Cardiff

• Birmingham Royal Ballet • Palace Theatre, Watford • Bristol Old Vic Theatre • QDOS • Bush Theatre, London • Rambert Dance Company • Live Nation • Riverside Theatre, Coleraine • Chichester Festival Theatre • Scottish Opera • Churchill Theatre, Bromley • Tara Arts • Derby Playhouse • Complicite • Hampstead Theatre, London • Theatre Royal, Norwich • The Hiss & Boo Company • Theatre Royal, Plymouth • Michael Codron Plays Ltd • Unicorn Theatre for Children • Midlands Arts Centre (mac) • Welsh National Opera

2.2 Principal Activities of TMA

• standard terms and conditions negotiated with the entertainment unions • legal, industrial and management advice from in-house staff • lobbying and campaigning • nation-wide Awards scheme to promote regional theatre • Annual Conference for members as well as social events for networking

opportunities • the opportunity to participate in the nation-wide Theatre Tokens

scheme.

2.3 TMA Training • training policy activities across the sector, from senior arts management

training to customer service skills for FOH staff, using courses, local networks, mentoring etc

• The Druidstone Essentials of Marketing Course - TMA’s long-running and sought-after introduction to arts marketing employs experienced marketeers to train those starting out on an arts marketing career

• Walking the Tightrope - Management for Senior Arts Marketing staff • Making Tracks - a two day residential course for

managers/administrators of dance, drama, opera/music-theatre and building based companies planning to develop their national touring

• ad-hoc seminars and courses - recent topics have included box office and marketing, data protection, contract and copyright law, direct marketing, group sales.

© TMA



2.4

TMA Website and Publications

TMA’s website at www.tmauk.org has steadily been developing since its launch in May 2000. The public part of the site is accessible to anyone and it contains several facilities which are of interest to new producers: - • the latest Pay Rates for TMA’s agreements with the theatrical unions • an Events and Courses section • an informative page on TMA’s quarterly magazine Prompt and details of

subscriptions • a list of TMA members with websites • a list of arts related website addresses • a job vacancy service for administration and management posts • information on the TMA’s Theatre Awards. The second part of the site is the password-protected area for TMA members, which is substantially bigger. All the TMA circulations, or Newsletters, automatically go onto the site and previous issues are archived. In addition in this section of the site there are: • issues of Legal Update • Industrial Relations information and news • the full searchable TMA Membership Directory • Tour Booking facilities, with availability for shows and venues • Frequently Asked Questions • index of downloadable documents.

Prompt - TMA’s quarterly journal produced for all those involved in theatre management includes a wide range of articles, regular audience statistics and TMA’s ongoing business survey.

2.5

To become a Producing Member of the TMA

Applications are eligible from any producing company or organisation provided they:- • are involved in whole or in part in the presentation of performing arts • can satisfy TMA’s Council as to their legal and financial probity, and • subscribe to the aims of the Association. TMA members are given 21 days notice in which to raise any objections to the application, after which membership is granted.



2.6 TMA Membership fees

The basic membership fee for Commercial Producers is £233 per annum plus VAT. In addition there will be a variable subscription fee charged according to the number of weeks touring undertaken by productions promoted directly by or managed through your company. The variable subscription fee applied to a full or split week of a tour of a play will be £25.00 plus VAT; for a musical the variable subscription fee applied will be £40.00 per week plus VAT. Tours of one-night stands will not incur any variable fee.

2.7 Benefits of Membership

include:- • standard contracts, terms and conditions for employees • free industrial, professional and legal advice from in-house staff • national lobbying and campaigns in the UK and in Europe on issues that

affect the theatre industry • Prompt, the TMA’s lively and informative quarterly journal, enclosed

with regular circulations • audience survey figures throughout the year and summarised annually • eligibility for TMA’s Theatre Awards • an annual Conference and regular networking opportunities to address

current concerns and catch up with other theatre professionals • custom-designed training courses • monthly circulations on current management information and issues,

e.g. health & safety, industrial relations, employment law • online Membership Directory with contact details of every member.

2.8

TMA shares offices and some staff with SOLT (see Section 2.1) ADDRESS: 32 Rose Street Covent Garden London WC2E 9ET Tel: 020 7557 6700 Fax: 020 7557 6799 Email: [email protected] Website: www.tmauk.org

© TMA



LONDON THEATRE COUNCIL (LTC)

3.1 Introduction

The LTC was set up in 1935. It is managed by SOLT and Equity and its principal activities are: i) To arbitrate on any disputes arising from any of the

SOLT/Equity Agreements ii) To ensure that any producer who is not a “non deposit”

member of SOLT places the required deposits with the LTC for each production s/he presents under the SOLT/Equity Agreements so that all the Equity members so contracted are properly paid.

3.2 LTC Registration

All producers who are intending to produce at SOLT member theatres and are not members of SOLT must register with the LTC before any Equity members can be contracted and before the standard contract forms will be issued by Equity. Registration forms can be obtained from the SOLT offices, where the LTC is administered, and the current registration fee is £225. EARLY LTC REGISTRATION IS ADVISED.

3.3 LTC Deposits

All producers who are not “non deposit” members of SOLT must place deposits at least 14 days before the production is scheduled to begin rehearsals. The reason for depositing is to assure SOLT and Equity of financial integrity when contracting employees. The deposit covers rehearsal salaries and three weeks’ performance salaries, N.I. and VAT for: • Performers & Stage Managers • Choreographers & Assistant Choreographers • Directors & Assistant Directors • Designers & Assistant Designers • Fight Directors. Depositing signals an intention to act in a ‘responsible employer manner’ so that if your production should fail in any way, the deposit you have made will be used to pay back those employees covered by your deposit. To obtain copies of the deposit form call SOLT. A completed form has been included as an illustration. The LTC will accept deposits either by cheque or by bank guarantee. Please allow time for the cheque to clear.

Cont .....

© SOLT



LONDON THEATRE COUNCIL (LTC)

3.3 LTC Deposits

Should a bank guarantee be used, it is essential to allow plenty of time, as it can take 8 weeks or more to set up and process, and all wording has to be agreed. A standard draft wording is available from SOLT. If paying by bank guarantee, the registration fee is £675. IT IS ESSENTIAL TO MAKE SURE THAT THE FORM IS RETURNED TO THE LTC WITH THE CHEQUE OR GUARANTEE AT LEAST 14 DAYS BEFORE THE REHEARSALS START.

© SOLT


THE THEATRE COUNCIL (TTC)

4.1 Introduction

The TTC was set up in 1942. It is managed by the TMA and Equity and its principal activities are: i) To arbitrate on any disputes arising from any of the TMA/

Equity Agreements ii) To ensure that any producer who is not a full member of

the TMA places the required deposit with the TTC for each production he or she presents under TMA/Equity contracts so that all the Equity members so contracted are properly paid.

4.2 TTC Registration

All producers who are intending to use TMA/Equity Agreements, which TMA members insist upon, must register with the TTC before any Equity contracts can be issued. Registration forms can be obtained from the TMA, where the TTC is administered, and the current registration fee is £225. EARLY TTC REGISTRATION IS ADVISED.

4.3 TTC Deposits

All producers who are not full members of the TMA, who want to use TMA/Equity contracts, must place deposits with the TTC at least 14 days before the production is due to start. The reason for depositing is to assure TMA and Equity of financial integrity when contracting employees. The deposit covers rehearsal salaries and a maximum of three weeks’ performance salaries, N.I. and VAT for: • Performers & Stage Managers • Choreographers & Assistant Choreographers • Directors & Assistant Directors • Designers & Assistant Designers • Fight Directors Depositing signals an intention to act in a ‘responsible employer manner’ so that if your production should fail in any way, the deposit you have made will be used to pay back those employees covered by your deposit. To obtain copies of the deposit form call the TMA. A completed form has been included herewith as an illustration. The TTC will accept deposits either by cheque or by bank guarantee. Please allow time for the cheque to clear.

Cont ..... © TMA


THE THEATRE COUNCIL (TTC)

4.3 TTC Deposits

Should a bank guarantee be used, it is essential to allow plenty of time, as it can take 8 weeks or more to set up and process, and all wording has to be agreed. A standard draft wording is available from the TMA. IT IS ESSENTIAL TO MAKE SURE THAT THE FORM IS RETURNED WITH THE CHEQUE OR GUARANTEE AT LEAST 14 DAYS BEFORE THE PRODUCTION STARTS.



EQUITY - STANDARD AGREEMENTS

5.1 Introduction

Equity represents performers and stage managers (including opera and ballet), directors, set designers, costume designers, lighting designers, choreographers and fight directors. SOLT and the TMA each negotiate separate collective standard agreements with Equity for each of the above (but curiously enough, not for sound designers). These include the minimum terms and conditions for employment and the minimum pay scales applicable.

5.2 SOLT/Equity Agreements

Copies of all the Agreements are available from the SOLT office, and need to be studied carefully before contracting anyone. The single most important Agreement is the performers and stage management Agreement. Particular attention should be paid to working hours, which vary before, during and after the production week, and are different to the TMA/Equity Agreement working hours. Also look carefully at the cancellation of production and the minimum length of employment clauses, plus the holiday payment clauses. Minimum stage management staffing and understudy provisions also need careful consideration. (When completing the standard SOLT/Equity form of contract, particular care must be given to the notice clauses and options therein, and also the wording of any special individual artist and stage management get out notice clauses.) Beware of Christmas week and bank holidays - they are expensive, even bearing in mind the cut off. Also do not forget that, if the production starts in a subsidised theatre and if the producer has an option or other agreement to move the production to the West End, then (for up to 3 weeks) the artists' rehearsal fees have to be 'topped up' by the difference between the rehearsal salary actually paid by the subsidised theatre and the salary that would be due under the West End Agreement.

Directors, designers and other Equity members of the creative team as in 5.1 above, have standard forms of contract that must be used. Particular attention should be paid to who owns the copyright and what rights the producer acquires (or doesn’t) for further exploitation of the work. See Section 1.4 Creative Team Contracts.

5.3 TMA/Equity Agreements

Copies of all the Agreements are available from the TMA offices, and need to be studied carefully before contracting anyone. Because of the different needs of the TMA membership there are two different agreements for performers and stage managers. Commercial producers will principally use the TMA/Equity Commercial Theatre Agreement (often referred to as the “touring” contract). A knowledge of the TMA/Equity Subsidised Repertory Agreement may be useful for producers starting their productions at subsidised producing theatres.

The TMA/Equity Commercial Theatre Agreement varies in many respects for both performers and stage managers from the SOLT/Equity Agreement. It is therefore important to read it carefully - especially the working hours and holiday pay clauses. The many levels for stage management and understudies need careful consideration, as does the difference between “subsistence” and “touring allowance”. There is no minimum length of employment, but the notice clause needs careful reading.



EQUITY - STANDARD AGREEMENTS

5.4 Queries on Standard Contracts

In the case of any questions on contracts members are strongly advised to call the SOLT/TMA Industrial Officer and not Equity, whose interpretation of some clauses may be different from the Managers’.

5.5 Pre West End Tours

Pre West End tours can be contracted for up to 8 weeks on SOLT/Equity contracts. However, before issuing this contract, producers should take care to check that they will be able to fulfil the minimum length of employment under this contract, which requires 8 weeks employment for productions that do not come into the West End and 6 weeks for productions that do open in the West End. The minimum employment terms include rehearsals. In the event that a production starts with a subsidised producing company, the minimum length of employment can be critical and producers may be best advised, particularly if the West End theatre has not been contracted, to use the TMA/Equity Commercial Theatre Agreement and take an option on the Artists’ services for the West End.

© SOLT/TMA



MUSICIANS’ UNION - STANDARD AGREEMENTS

6.1 Introduction

The Musicians’ Union represents all musicians and has agreements with both SOLT and the TMA.

6.2 MU Agreements

Other than the substantial differences in the minimum applicable in the West End compared to the Regions, the agreements are fairly similar. Very careful consideration should be given to the clauses on working hours and overtime, as musicians are basically paid on a three-hour session rate. Also “doubling” and “trebling” increases costs. The definition of once and twice nightly needs careful reading, as the time periods are quite restrictive.

6.3 Engaging Musicians - Fixers

It is normal to engage orchestras through a “fixer” and this is strongly recommended as they will provide accurate budgets as well as issuing contracts, administering and calculating the pay of the musicians throughout. Fixers are paid a weekly fee by the producer.

6.4 Queries on Standard Contracts

Again, all members’ queries on the Musicians’ Union contracts should be to the SOLT/TMA Industrial Officer.

6.5 MU Deposits

Please note that the Musicians’ Union sometimes requires deposits from new producers, although there is no formal arrangement through the Theatre Councils.

© SOLT/TMA


BECTU - STANDARD AGREEMENTS

7.1 Introduction

SOLT and the TMA each have separate agreements with BECTU, which represents all the technical backstage and front of house staff. Because these staff are normally employed by the theatres, producers do not have to employ them, except in the case of wardrobe staff.

7.2 BECTU Agreements

The Agreements need attention, particularly the clauses regarding levels of crewing, hours and pay. BECTU members’ standard terms of employment are for a 5-day week (40 hours for SOLT and 39 for TMA). Thus cover is required for the sixth day or overtime has to be paid. The major difference between the SOLT/BECTU and the TMA/BECTU Agreements that will directly affect producers is the get-out clauses, which on tour are very expensive. Producers will also be affected by manning levels and bank holidays, which are paid at double time, plus a day off in lieu - i.e. treble time! Sunday working is also expensive and can be a significant cost factor when touring larger productions that require Sunday get-ins.

7.3 Queries on Standard Agreements

Again, all members’ queries on the Agreements should be to the SOLT/TMA Industrial Officer and not the Union.



WRITERS’ GUILD AGREEMENT

8.1

There are no standard agreements for commercial productions between the Writers’ Guild and either SOLT or the TMA. All authors’ contracts are separately negotiable on a production-by-production basis. See Section 1.2 on commissioning and optioning plays and musicals.

8.2

There are, however, agreements within the subsidised theatre with the Writers’ Guild for new work, and producers transferring productions that have originated in the subsidised sector may have to inherit all or some of the terms of these agreements.

©SOLT/TMA

So, you wanna’ be a Producer?!” Section 2.8 (Page 1 of 1)

SCHEDULE OF SOLT/TMA AGREEMENTS

Parties

Agreement

Date

SOLT Agreements SOLT/BECTU SOLT/BECTU 1997 SOLT/Equity West End Theatre Choreographers 2003 SOLT/Equity West End Theatre Designers 1989 SOLT/Equity West End Directors 2006 SOLT/M.U. SOLT/M.U. 2005 SOLT/Equity West End Theatre Performers and

Stage Management

2002

TMA Agreements TMA/BECTU TMA/BECTU 2006 TMA/Equity Choreographers 2004 TMA/BECTU/Equity Theatre Designers 1999 TMA/Equity Theatre Directors 2002 TMA/Equity Subsidised Repertory 2003 TMA/Equity Commercial Theatre 2006 TMA/M.U. TMA/M.U. 2004 TMA/Equity Overseas Touring 2002 TMA/Writers Guild TMA/Writers’ Guild of G.B/Scottish

Society of Playwrights

1993

Joint Agreements SOLT/TMA/Equity Opera Singers 1991 Opera Guest Artists 1995 Opera and Ballet Stage Management 1991 Ballet and Dance 1994 Opera Producers and Directors 2006 Fight Directors 1995

Copies of all these agreements can be obtained from SOLT and the TMA and are priced £3 per copy. Cheques for SOLT Agreements should be made payable to West End Theatre Managers. Cheques for TMA Agreements should be made payable to the Theatrical Management Association. Contact the Assistant to the Industrial Officer on 020 7557 6700 to purchase copies of agreements.


SOLT - CURRENT UNION RATES

SOLT/Equity West End Theatre Designers (from April 28, 2003)

SOLT/BECTU (from October 2, 2006) Minimum Basic Rates Per Show

Sets £ a Major Musicals 3,944.00 b Musicals 3,069.00 c Straight Plays/Small Musicals 2,281.00 d Weekly fee 119.00 Costumes a Major Musicals 2,632.00 b Musicals 2,061.00 c Straight Play/Small Musicals 1,535.00 d Weekly fee 92.00 Lighting a Major Musicals 1,976.00 b Musicals 1,535.00 c Straight Plays/Small Musicals 1,140.00 d Weekly fee 71.00 Expenses per day 35.05 overnight 78.88

Grade 3 4 5 6 8 9

10

Console Operator Sound Operator Chargehand Electrician Chargehand Stage Asst Console Operator Follow-spot Operator Swing Showman Showman/Super Dresser Performance Fireman Head Bar Person Attendant Cleaner Performance Cashier Bar Person Checktaker Usherette - no commission Cloakroom Attendant Usherette - with commission

Hours per show

3 3 3 3 3 3 3 3

3¾ 5

3¾ 3¾ 3¾ 3¾ 3¾

3¾ 3¾ 3¾

1-nightly per show £ 28.20

28.20

28.20 28.20 27.38 27.38 27.38 25.98 32.45 38.81 22.83 22.83 22.83 22.24 22.24

22.24 22.24 19.91

2-nightly per show £ 51.72

51.72

51.72 51.72 50.20 50.20 50.20 47.64 49.76 50.45 36.52 36.52 36.52 35.58 35.58

35.58 35.58 31.88

SOLT/Equity West End Theatre Directors (from 1 August 2006)

Hourly Paid Staff

Clause No. Description £ 1.6.2 Minimum initial fee - 2,662.00 1.7 Subsistence 114.00

Wardrobe Daytime Assistant Production Worker Skilled Production Worker

£8.66 8.66 9.12

SOLT/Equity West End Theatre Choreographers (from June 1, 2005)

Minimum Basic Weekly Rates

Grade 1 2

3 4 5 6 7

Chief Electrician Master Carpenter Wardrobe/Wig Master/Mistress* Deputy Chief Electrician Deputy Master Carpenter Box Office 1st Assistant Wardrobe/Wig Master/Mistress* Deputy Wardrobe/ Wig Master/Mistress* Chargehand Electrician Chargehand Stage Box Office 2nd Assistant Deputy Wardrobe/Wig Master/Mistress* 1st Grade Electrician 1st Grade Stage Dayman (Trainee)* Full-time Wardrobe Assistant Housekeeper Stage Door Keeper Full-time Fireman Box Office Clerk/Telephonist Cleaner

Hours 40 40 40 40 40 40 40 40

40 40 40 40

40 40 40 40 36 40 40 40 24

£ 477.94 477.94 477.94 407.84 407.84 407.84 407.84 407.84

376.19 376.19 376.19 376.19

365.21 365.21 346.40 346.40 311.78 317.03 310.42 310.42 177.21

Front-of-house Staff – Additional Payments

Clause No. £ 17(a)(i) Minimum fee for musicals 2,858.00 (ii) Additional weeks 572.00 (iii) Minimum royalty 114.00 17(b)(i) Minimum fee for plays 1,671.00 (ii) Additional sessions 97.00 (iii) Minimum royalty 59.00 17(c) Small amount of choreography (per session) 97.00 AC Appendix 5(d) 102.00

Programme Sellers Cloakroom Attendants Bar Person Pick-ups

Per week Per show

£0.69 0.51 0.75 2.22

*See notes in Section 23 of Agreement

Section 2.9 (page 2 of 2)

SOLT - CURRENT UNION RATES

SOLT/EQUITY WEST END THEATRE PERFORMERS AND STAGE MANAGEMENT

(from January 8, 2007)

SOLT/MUSICIANS’ UNION (from October 1, 2006)

Clause 3.1.1 4.2.1 Apdx 1 Apdx 2 Apdx 3 3.1.2 3.1.3

Description MINIMUM SALARIES Minimum salary – once nightly ASM – once nightly DSM – once nightly SM – once nightly CSM – once nightly Performer/ASM – twice nightly DSM – twice nightly SM – twice nightly CSM – twice nightly Booth Singers – session fee Pension contributions – max. employer’s contribution ADDITIONAL PAYMENTS Movement of scenery, per perf. Flying

£

381.13 381.13 476.40 533.58 571.69

446.62 558.29 625.29 669.95

47.64 33.34

1.60 39.40

Clause 5(a) 5(c) 5(e)(i) 5(e)(ii) 7(g) 7(i) 5(d)

Description Min. weekly salary Min. cash increase Doubling Min. weekly salary Trebling Min. weekly salary On Stage etc. Additional costume Porterage Pension

O/N T/N O/N T/N O/N T/N O/N T/N A B C

£

683.34 820.24

28.80

785.84 943.27

888.34 1,066.31

8.39 6.15

2.80

32.44 24.04

(max 48.08) 16.21

25.50

Contribution 3.1.5 3.6.2.3

Head Boy/Girl Understudy responsibility payments - each leading role

76.21

33.02

SOLT/TMA/EQUITY FIGHT DIRECTORS

(from December 1, 2006) 3.6.3.1 3.6.7 4.1.3 4.7.5.1

- up to two non-leading roles Understudy performance payments - leading role - non-leading role Swing, additional responsibility Performer with stage management duties, per week Appearance on stage

24.77

30.51 18.29 56.29 15.24

5.44

Fees for a 3½ hour session West EndRNT/RSC/Major Opera & Dance Provincial Commercial/Sub-Rep Grade 1 Sub-Rep Grade 2 Sub-Rep Grade 3/Minor Opera & Dance

£

99.00 88.00 78.50 67.00

2.3.1 2.3.2 2.12.1.4 2.12.1.6 3.5.1.3 4.7.1 4.7.1 2.2.7 2.3.1 2.3.2 2.5.1.2 2.5.2.2 2.6.2.1 2.6.2.3 3.1.1.2 3.1.1.3 3.4.1 2.12.1.5 2.12.3.3

ALLOWANCES Touring allowance Subsistence allowance (as per TMA/Equity SR Agreement) Meal allowance Sunday travel meal allowance Costume call meal allowance Lodging allowance, per night Lodging allowance, per week CEILINGS Failure to produce Touring allowance – cut off salary Subsistence – cut off Public holiday – ceiling salary Christmas holiday – ceiling salary Illness payments – ceiling salary Illness payments – cut off (higher) Illness payments – cut off (lower) Ceiling salary during rehearsals Cast replacement – ceiling salary Overtime ceiling INSURANCE Travel insurance premium cover Air travel insurance cover Air travel insurance cover

152.45 114.00

21.73 21.73 21.73

108.64 325.98

1,524.49 2,286.74 2,286.74

533.58 2,286.74 1,143.37 2,286.74

571.69 495.47 533.58 495.47

27,385.00 195,612.00 26,081.00

© SOLT October 2007

u

TMA - CURRENT UNION RATES

TMA/Equity/BECTU/Theatre Designers

TMA/Equity Theatre Choreographers (From October 1, 2006)

Minimum fees - Commercial Theatre £ Tours and Seasons 1,032.00 Lower Minimum/Commercial Repertory 554.00 Minimum fees - Subsidised Repertory MRSL 1 1,005.00 MRSL 2 898.00 MRSL 3 843.00 Additional weeks - Commercial Theatre Tours and Seasons 353.00 Lower Minimum Productions/Commercial Rep 232.00 Additional weeks - Subsidised Repertory MRSL 1 402.00 MRSL 2 359.00 MRSL 3 337.00 Additional Days Tours & Seasons/MRSL 1 & 2 105.00 MRSL 3 95.00 Exceptional Minimum/Commercial Repertory 67.50 Daily Engagements Tours and Seasons / MRSL 1 and 2 157.00 MRSL 3 121.00 Exceptional Minimum/Commercial Repertory 91.00 TMA/Musicians’ Union (Interim Rates)

(From April 15, 2006)

£ Once nightly 355.55 Twice nightly 371.71 Twice daily 365.25 Overtime – per ¼ hour 5.56/4.97/4.89 Additional/Sunday Performances 44.44/30.98/30.44 Sunday rehearsals: -1st 3hrs 88.89 then per 15 mins 9.25/8.29/8.16 Subsistence 114.00 Touring allowance 177.50 Performances out of the playing area: Once-Nightly 3.31 (max 26.48) Twice-Daily or Nightly 2.96 (max 35.52) Porterage (A,B,C) – 1 instrument 10.34 - 2 or more instruments 20.68 Mileage allowance 0.21 TMA/BECTU


Resident Designers Minimum Salaries (from April 2, 2007) Head of Design £ MRSL 1 427.67 MRSL 2 415.62 MRSL 3 377.50 Resident Designer MRSL 1 396.79 MRSL 2 383.75 MRSL 3 347.88 Assistant Designer 324.97 Freelance Designers Minimum Fees (from April 2, 2007)

Set and Costume Lighting Theatre/RSC/RNT £ £ Full 5,638.00 2,584.00 Small 3,383.00 1,292.00 Subsidised Theatre MRSL 1 3,238.00 1,209.00 Tour 1,685.00 Studio/Workshop 1,377.00 579.00 MRSL 2 & 3 Major 2,372.00 660.00 Studio/Workshop 1,143.00 527.00 Commercial Theatre Normal Minimum Tour/Season Musical 2,814.00 1,778.00 Straight Play 2,263.00 992.00 Exceptional Minimum Tour/Season Tour/Season/Rep/Sessional 1,217.00 475.00 Opera & Ballet Opera A (ROH/ENO) Full 6,198.00 3,015.00 1 Act & small-scale tours 2,882.00 1,381.00 Opera B (SO/WNO/Opera North/Glyndebourne) Full 4,509.00 1,722.00 1 Act 1,919.00 783.00 Small-scale tour 2,112.00 858.00 Opera C Full 2,121.00 862.00 1 Act 964.00 475.00 Ballet A (Royal Ballet/BRB/ENB) Full 5,638.00 1,722.00 1 Act 1,803.00 783.00 Small-scale tour 2,112.00 858.00 Ballet B (Rambert/Northern/Scottish) Full 2,894.00 1,506.00 1 Act 1,056.00 588.00 Small-scale tour 2,112.00 795.00 Ballet C (all others) Full 2,121.00 756.00 1 Act 423.00 475.00

Minimum weekly rates £ Grade 1 per hour 6.70 Grade 2 per hour 6.12 Grade 3 per hour 5.68 Grade 4 per hour 5.35 Performance Staff (Once nightly) Stage per performance 18.73 Front-of-house per performance 18.73 Performance Fireman 26.75 Clause 2.3.3 – Meal expenses 4.29 Subsistence (per week) 70.64 Subsistence – over 4 hours 5.90 over 8 hours 11.78 over 12 hours 17.65 Clause 2.18.4 – Overnight allowance 27.38 Long stay/tour- per week 163.33 Travel mileage (per mile) first 30 miles 0.42 subsequent miles 0.28 Get out – First 2 hours 74.69 Each subsequent hour 37.32 Get out (Exceptions) – First 4 hours 132.83 Each subsequent hour 41.51 Ancillary payments 7.02 Pick-ups 1.29 Call outs 16.99

TMA – CURRENT UNION RATES

TMA/Equity Commercial Theatre (From April 2, 2007)

TMA/Equity Theatre Directors

(Minimum fees and salaries from April 3, 2006

Normal Minimum Rehearsal Performer / ASM Rehearsal DSM Rehearsal SM Rehearsal C&SM Performer / ASM once nightly / twice nightly DSM once nightly / twice nightly SM once nightly / twice nightly C&SM once nightly / twice nightly Exceptional Minimum Performer / ASM once nightly / twice nightly DSM once nightly / twice nightly SM once nightly / twice nightly C&SM once nightly / twice nightly Subsistence Weekly Touring Allowance Daily Touring Allowance Understudy obligation (per role per week) Understudy performance (per performance) Understudy performance payment (ceiling) Swing Dancer (per week) Dance Captain (per week) Flying (per week) Ceiling Salary (per week)

£ 314.00 392.50 439.50 471.00

330.00 / 355.00 413.00 / 444.00 462.00 / 497.00 495.00 / 533.00

281.50 / 303.50 352.00 / 379.50 394.00 / 425.00 422.50 / 455.50

94.50 177.50

38.33 13.63 20.43 61.31 1705 30.66 38.15

540.86

Subsidised Repertory Freelance MRSL 1 2 3 Artistic Dir MRSL 1 2/3 Resident Dir MRSL 1 2 3 Assistant Directors all Commercial Tours/ Seasons Exceptnl Min - short run long run Normal Min - short run long run Min. weekly fees - EM NM Commercial Repertory Freelance Resident Director - LM HM

CREATIVE FEE

877.34 795.08 740.28

per week:

“ “ “ “ “

per week:

“

658.03 per week:

“

ESP p.w.

402.00 359.00 337.00

515.79 476.75 428.10 404.14 379.47 326.85

101.40 145.59

277.22 325.37 390.44

TOTAL FEE + 4ESP

2,485.34 2,231.08 2,088.28

1,386.34 2,079.50 1,848.45 3,080.74

1,766.91

TMA/Equity Subsidised Repertory Performers and Stage Management


TMA/Writers’ Guild

(From June 19, 2006)

Commissioned Play 2(a)(i) 2(a)(ii) 2(a)(iii)

MRSL 1

3,917.00 1,781.00 1,781.00

MRSL 2

3,203.00 1,424.00 1,424.00

MRSL 3 2,493.00 1,424.00 1,424.00

Non-Commissioned Play 2(b)(i) 2(b)(ii) Rehearsal attendance Options (all grades)

5,698.00 1,781.00

52.55

4,628.00 1,424.00

46.09

3,916.00 1,424.00

42.39

1 2/3 4 Management Participation Threshold (all grades)

2,221.00 3,704.00 2,962.00

42,323.00

SOLT/TMA/Equity Fight Directors

(From December 1, 2006)

£ Performers - Minimum salary 338.00 MRSL Grade 1 414.00 MRSL Grade 2 370.00 MRSL Grade 3 347.00 Stage Management ASM - MRSL Grade 1,2 and 3 310.00 DSM - MRSL Grade 1 370.00 DSM - MRSL Grade 2 337.00 DSM - MRSL Grade 3 325.00 SM – MRSL Grade 1 414.00 SM – MRSL Grade 2 370.00 SM – MRSL Grade 3 347.00 CSM - MRSL Grade 1 448.00 CSM - MRSL Grade 2 400.00 CSM - MRSL Grade 3 378.00 Subsistence – Relocation Allowance 119.00 Subsistence – Commuting Allowance 105.00 Weekly Touring Allowance 170.00 Daily Touring Allowance 29.64 Out of Pocket Expenses 9.55 Understudy obligation (per week) 16.18 Additional roles 5.55 Performance payment - leading 19.72 Performance payment – other 11.96 Mileage allowance 0.43 Flying 32.89 Stage Management in costume 4.96 Stage Management extra services 83.25 Head Boy/Girl 24.49

Fees for a 3½ hour session West End/NT/RSC/Major Opera & Dance Commercial/MRSL Grade 1 MRSL Grade 2 MRSL Grade 3/Minor Opera & Dance

£

99.00 88.00 78.50 67.00

© TMA October 2007



KEY POINTS TO CONSIDER WHEN CONTRACTING

WITH A NO.1 TOURING THEATRE

General Comments

Touring venues are usually booked up a long way in advance. Most operate on a system whereby they will make a "pencil booking" first and then confirm or otherwise nearer the time. No contract exists until the booking is confirmed and the terms and conditions agreed.

2.1 The Terms

Guarantee to producer: • Are royalties included or off the top before guarantee paid -

how much is the guarantee • Second call to venue - how much • How are the remaining receipts shared • Guarantees on account of percentage of box office receipts. First Call to producer: • How much is first call • Royalties off the top or included • Second call to venue • How are the remaining receipts shared. Sharing deal: • How are receipts shared • Royalties off the top before receipts shared or does the

producer pay royalties from his/her share • Does producer's share of receipts increase over an agreed box

office figure.

2.2 Box Office Ticket Prices • Full prices - total seat value per performance and per week • Concessions and discounts • Complimentary tickets (NB local clubs, schemes, sponsors, etc.) • Any deductions (other than VAT) from weekly receipts - e.g.

credit card commissions at cost or marked up? • agents commissions • ticketing charge (e.g. for computer use). Check when pencilling dates: • Current business levels • Level of business for same week(s) last year and details of

show.

2.3 Advertising, Print and Publicity

• Total weekly spend by venue • How much is charged to producer each week (may be

negotiable) • Will any additional promotion be needed, if so who pays • Mailing list details - numbers mailed and with what • Position of production in venue's brochure(s) • Advertising schedule • Quantities of print required to be supplied by producer and

sizes thereof • What information does the venue require to be included on

print • Number of photos, synopses, cast lists and press releases

required by venue. © Stage One



KEY POINTS TO CONSIDER WHEN CONTRACTING

WITH A NO.1 TOURING THEATRE

2.4 Staff

• How many does venue supply free of charge for get in, fit up

and running • Charges for any extra staff - what rates - who pays • Sunday get in - who pays, how shared • Get out - at what rates.

2.5 Miscellaneous

• Is contract dependent on star name(s) - if star does not appear

do terms still apply? • Is there a penalty for no interval? • Is there a penalty for less than 8 performances per week? • Merchandise arrangements • PRS charges/payment • Foreign artists - the law requires the theatre to withhold tax at

the standard rate from monies due to producer until Inland Revenue give clearance on foreign artists

• Arrangements for payment on account during playing weeks including any cash drawing requirements

• Final accounting date by venue to producer • Insurance, licensing, health and safety requirements,

regulations and legislation.

© Stage One


LONDON WEST END THEATRES - CONTACTS FOR BOOKING THEATRES

Contact: Michael Lynas The Ambassador Theatre Group Duke of York’s Theatre 104 St Martin’s Lane London WC2N 4BG Tel: 020 7854 7000 COMEDY, DUKE OF YORK’S, FORTUNE, NEW AMBASSADORS, PHOENIX, PICCADILLY, PLAYHOUSE, SAVOY, TRAFALGAR STUDIOS Contact: Fiona Callaghan Criterion Theatre Piccadilly Circus London SW1Y 4XA Tel: 020 7839 8811 CRITERION Contact: Richard Johnston Delfont Mackintosh Theatres Ltd The Novello Theatre Aldwych London WC2B 4LD Tel: 020 7379 4431 ALBERY, GIELGUD, PRINCE EDWARD, PRINCE OF WALES, QUEEN’S, NOVELLO, WYNDHAMS Contact: Nigel Everett Haymarket Theatre Royal Haymarket London SW1Y 4HT Tel: 020 7930 8890 THEATRE ROYAL HAYMARKET Contact: Live Nation 35-36 Grosvenor Street London W1K 4QX Tel: 020 7529 4300 APOLLO VICTORIA, CARLING APOLLO HAMMERSMITH, DOMINION, LYCEUM

Contact: Michael Codron CBE Michael Codron Plays Ltd Aldwych Theatre Offices Aldwych London WC2B 4DF Tel: 020 7240 8291 ALDWYCH

Contact: Nica Burns NIMAX Theatres Ltd 1 Lumley Court, Off 402 The Strand London WC2R 0NB Te: 020 7395 0783 0845 434 9290 APOLLO, DUCHESS, GARRICK, LYRIC, VAUDEVILLE

Contact: Dagma Waltz The Old Vic The Cut London SE1 8NB Tel: 020 7928 2651 THE OLD VIC

Contact: Really Useful Theatres Manor House, 21 Soho Square London W1V 5FD Tel: 020 7494 5200 ADELPHI, CAMBRIDGE, HER MAJESTY’S, LONDON PALLADIUM, NEW LONDON, PALACE, THEATRE ROYAL DRURY LANE

Contact: Sir Stephen Waley-Cohen, Bt Victoria Palace Theatre Victoria Street London SW1E 5EA Tel: 020 7828 0600 ST. MARTIN’S, VICTORIA PALACE

Contact: James Williams Theatre of Comedy Company Ltd Shaftesbury Theatre 210 Shaftesbury Avenue London WC2H 8DP Tel: 020 7379 3345 SHAFTESBURY


KEY POINTS TO CONSIDER WHEN CONTRACTING WITH

A NO.1 TOURING THEATRE

General Comments

Touring venues are usually booked up a long way in advance. Most operate on a system whereby they will make a "pencil booking" first and then confirm or otherwise nearer the time. No contract exists until the booking is confirmed and the terms and conditions agreed.

2.1 The Terms

Guarantee to producer: • Are royalties included or off the top before guarantee paid - how

much is the guarantee • Second call to venue - how much • How are the remaining receipts shared • Guarantees on account of percentage of box office receipts. First Call to producer: • How much is first call • Royalties off the top or included • Second call to venue • How are the remaining receipts shared. Sharing deal: • How are receipts shared • Royalties off the top before receipts shared or does the producer

pay royalties from his/her share • Does producer's share of receipts increase over an agreed box

office figure.

2.2 Box Office Ticket Prices • Full prices - total seat value per performance and per week • Concessions and discounts • Complimentary tickets (NB local clubs, schemes, sponsors, etc.) • Any deductions (other than VAT) from weekly receipts - e.g. credit

card commissions at cost or marked up? • agents commissions • ticketing charge (e.g. for computer use). Check when pencilling dates: • Current business levels • Level of business for same week(s) last year and details of show.

2.3 Advertising, Print and Publicity

• Total weekly spend by venue • How much is charged to producer each week (may be negotiable) • Will any additional promotion be needed, if so who pays • Mailing list details - numbers mailed and with what • Position of production in venue's brochure(s) • Advertising schedule • Quantities of print required to be supplied by producer and sizes

thereof • What information does the venue require to be included on print • Number of photos, synopses, cast lists and press releases required

by venue. © Theatre Investment Fund


KEY POINTS TO CONSIDER WHEN CONTRACTING WITH

A NO.1 TOURING THEATRE

2.4 Staff

• How many does venue supply free of charge for get in, fit up and

running • Charges for any extra staff - what rates - who pays • Sunday get in - who pays, how shared • Get out - at what rates.

2.5 Miscellaneous

• Is contract dependent on star name(s) - if star does not appear do

terms still apply? • Is there a penalty for no interval? • Is there a penalty for less than 8 performances per week? • Merchandise arrangements • PRS charges/payment • Foreign artists - the law requires the theatre to withhold tax at the

standard rate from monies due to producer until Inland Revenue give clearance on foreign artists

• Arrangements for payment on account during playing weeks including any cash drawing requirements

• Final accounting date by venue to producer • Insurance, licensing, health and safety requirements, regulations

and legislation.

© Jan 2000 Theatre Investment Fund


KEY POINTS TO CONSIDER WHEN CONTRACTING A

CO-PRODUCTION WITH A PRODUCING THEATRE

3.1 Artistic

• Who chooses cast, creative team, etc. • Who approves designs etc. - to what standard is the physical

production to be built (e.g. class 1 timber) • Who has overall artistic control.

3.2 At Producing Theatre

What is budget, who pays costs • Does producer make "top up" payment to producing theatre,

if so how much • Who owns rights to play, who pays royalties to author • Who retains box office receipts • Does producing theatre pay any part of box office receipts to

producer • Are all cast and creative team paid by producing theatre -

any top up from producer to cast or creative team • Who authorises/pays any over budget costs • Billing and programme credits/biography for producer.

3.3 During Commercial Exploitation of Production

• What will producing theatre receive: - weekly royalty on box

office receipts or is it fixed - rising on recoupment - built in royalty waivers

• Any profit share (if any) • Are rights assigned to or already owned by commercial

producer • Lump sum payment (if any) for physical production to

producing theatre • Hire charges (if any) for physical production to producing

theatre • Who owns physical production and who maintains, stores and

insures it • Right to use graphic design(s) and production photos from

producing theatre • Arrangements for commercial producer to take over hired (or

borrowed goods) from producing theatre • Billing and programme credits/biographies for producing

theatre.

© Feb 2001 Theatre Investment Fund



KEY POINTS TO CONSIDER WHEN CONTRACTING A

CO-PRODUCTION WITH A PRODUCING THEATRE

3.1 Artistic

• Who chooses cast, creative team, etc. • Who approves designs etc. - to what standard is the physical

production to be built (e.g. class 1 timber) • Who has overall artistic control.

3.2 At Producing Theatre

What is budget, who pays costs • Does producer make "top up" payment to producing theatre,

if so how much • Who owns rights to play, who pays royalties to author • Who retains box office receipts • Does producing theatre pay any part of box office receipts to

producer • Are all cast and creative team paid by producing theatre -

any top up from producer to cast or creative team • Who authorises/pays any over budget costs • Billing and programme credits/biography for producer.

3.3 During Commercial Exploitation of Production

• What will producing theatre receive: - weekly royalty on box

office receipts or is it fixed - rising on recoupment - built in royalty waivers

• Any profit share (if any) • Are rights assigned to or already owned by commercial

producer • Lump sum payment (if any) for physical production to

producing theatre • Hire charges (if any) for physical production to producing

theatre • Who owns physical production and who maintains, stores and

insures it • Right to use graphic design(s) and production photos from

producing theatre • Arrangements for commercial producer to take over hired (or

borrowed goods) from producing theatre • Billing and programme credits/biographies for producing

theatre.

© Stage One


BUDGETING FOR THE COMMERCIAL THEATRE

Introduction

Budgeting is partly an art and partly a science. Much of the information needed for budgeting can be accurately deduced but a certain amount can only be educated guesswork.

Before attempting to budget, gather as much information as you can. This should include:-

• An outline date schedule, showing the number of rehearsal weeks, get in

days, rehearsal days on stage, number of previews and the opening night. • Is the show to be produced directly into the West End, opened out of town

and transferred to the West End, opened out of town and toured, or toured and then transferred to the West End.

• What are the Author’s deals and who will make up the Creative Team. • What is the size of the Cast, how many Understudies will be needed and what

are the top salaries likely to be. Will there be a Star on a percentage. • For a musical, the size of the Orchestra, the musical line up and will the

Musical Director be included in the line up or is he or she an extra person. • The make up of the stage management and other technical departments, to

include:- Wardrobe and Dressers, Wigs, Sound, Lighting and Follow Spots, Automation and Projection, Stage Staff and, if there are children in the company, Chaperones.

• What production staff will be needed - consult an experienced Production Manager.

• Will the show require the services of a General Manager. • Consult with your lawyer, accountant and insurance broker on their likely

levels of fees and costs. • What Theatre will the show be suited to. Ideally get a ‘total seater’ from the

Theatre on the basis of the seat prices you expect to charge. Also try to establish the costs the Theatre will pass on to you (the contra) and the level of rent you will be able to negotiate both before and after recoupment.

• You need to have a clear idea of the scope of the physical production in terms of the set, props, costumes, wigs, lighting, sound, special effects and any other areas which must be included in the budget. This area of production budgeting requires some use of a crystal ball and more practically the advice of an experienced Production Manager. This area of budgeting will also have a very real influence on the artistic scale and style of the production and needs careful consideration.

• Take advice from a reputable theatre advertising and marketing company on their suggestions for setting budgets in all areas of advertising, marketing, print, photographs and front of house display.

© Andrew Treagus


BUDGETING FOR THE COMMERCIAL THEATRE

The Budget

The sample outline budget on the next 2 pages is divided by columns to show:- • Production Costs, all costs which will be incurred in mounting the

production up to the first paid performance. Include also costs which cannot be classified as regular running costs, up to the Press Night (e.g. the Press Night party).

• Running Costs, all costs of running the production on a weekly basis. Be

sure to include all costs which cannot be classified as production costs. • Royalties, the weekly percentage payments to Authors, the Creative Team

and the Producers, based on the weekly net box office receipts. • Notes on the outline budget follow, and should help to explain what each line

in the budget refers to.

© Andrew Treagus


OUTLINE BUDGET

PRODUCTION TITLE: Date PRODUCTION RUNNING ROYALTY NOTES FEES Authors 1 Director 2 Choreographer 2 Set Designer 2 Costume Designer 2 Lighting Designer 2 Sound Designer 2 Orchestrator/Arranger 2 Production Musical Director 3 Orchestral Manager 4 Casting Director 5 Creative team assistants 6 General Manager/Producer 7 Production Manager 8 Costume Supervisor 9 Props Supervisor 9 Production Carpenter 9 Production Electrician 9 Production Sound 9 Total Fees £0.00 £0.00 0.00% PHYSICAL PRODUCTION Set 10 Props 10 Costumes/Wigs 10 Electrics 11 Sound 11 Transport 12 Musical Instruments 13 Misc. Fit up (Contractors labour) 14 L.X. Hires 15 Sound Hires 15 Other Hires 15 Total Physical Production £0.00 £0.00 © Andrew Treagus


OUTLINE BUDGET

PRODUCTION RUNNING ROYALTY NOTES SALARIES people weeks Lead Artists 16 Principles 16 Ensemble & Swings 16 Understudies 16 Overtime 17 Musical Director 18 Assistant MD 19 Rehearsal Musician 20 Orchestral Salaries 21 Company Manager 22 Stage Manager 22 DSM 22 ASMs 22 Engineer & Prod L.X. 23 Sound 24 Wardrobe 25 Wigs 25 Overtime 17 Staff Director 26 Dance Captain 27 NI/Pensions/Hol Reserve £0.00 £0.00 28 Total Salaries £0.00 £0.00 THEATRE COSTS Theatre Rent 29 Theatre Contra 30 Running Staff - Stage & Flys 31 Running Staff – LX & Follow spots

31

Running Staff - Dressers 31 Fit up 32 Misc. Total Theatre Costs £0.00 £0.00 REHEARSAL COSTS Audition costs 33 Scripts/Scores/Copying 36 Rehearsal Rooms 34 Rehearsal Hires 35 S.M. Petty Cash 37 Travel and subsistence 38 Misc. Total Rehearsal Costs £0.00 £0.00 © Andrew Treagus


OUTLINE BUDGET

PRODUCTION RUNNING ROYALTY NOTES ADVERTISING & PR. Advertising 39 FOH Display 39 Print 39 Marketing 39 PR Fee and expenses 39 Photographer and prints 39 Press Prints 39 Total Advertising and PR £0.00 £0.00 GENERAL ADMINISTRATION Legal Fees 40 Accountancy 40 Insurance 41 Travelling Expenses 42 Per diems/Hotels 42 Opening Night and Entertaining 43 Administration/office costs 44 Total General Administration £0.00 £0.00 MISC COSTS Replacement Reserve 45 Preproduction costs 46 Total Misc. Running Costs £0.00 £0.00 TOURING COSTS 47 Touring allowance 48 Company travel 49 Cartage 50 Get in/out 51 Production crew hotels & expenses

52

Total Touring Costs £0.00 £0.00 TOTALS 53 Fees £0.00 £0.00 Physical Production £0.00 £0.00 Salaries £0.00 £0.00 Theatre Costs £0.00 £0.00 Rehearsal Costs £0.00 £0.00 Advertising & PR £0.00 £0.00 General Administration £0.00 £0.00 Misc. Costs £0.00 £0.00 Touring costs £0.00 £0.00 TOTAL COSTS £0.00 £0.00 54

© Andrew Treagus


NOTES TO THE OUTLINE BUDGET

1. The Author’s royalty. Any advance payment/s not recoupable against the royalty should be included under Production.

2. The main Creative Team, usually paid fees for the production period and royalties

(fixed or percentage) during the run. Any additional advance payment/s not recoupable against the royalties should be included under Production.

3. The Production Musical Director is part of the Creative Team and will receive a

production fee, but is unlikely to receive a royalty. The PMD may receive a weekly fee during the run for supervision and may, additionally, take the role of Musical Director, in which case he or she will continue to be paid weekly under ‘salaries’.

4. The Orchestral Manager or Fixer is paid on a weekly basis throughout the run. Some

fixers work on a fixed fee, others on a percentage of the Orchestra’s total weekly salary.

5. A production fee to organize the initial casting and sometimes a weekly fee on

musicals. 6. A production figure to cover fees for all Creative Team assistants. 7. A weekly fee normally paid 2 weeks prior to rehearsal, throughout the rehearsal period,

the run of the production and for 2 weeks following the closure. Fees vary according to the size of the production. Some Producers in addition pay themselves a royalty in the same manner as the Creative Team. If an independent General Manager is employed, the fee element will be shared by the Producer and General Manager.

8. A fee for the production period and, if it is a complicated technical production, a weekly

retainer for ongoing technical consultancy. 9. Production personnel, usually paid fees or may be paid on daily rates. Occasionally the

Costume Supervisor may be retained on a weekly retainer to deal with cast replacement costumes and remakes.

10. The actual costs of manufacture and purchase of all the physical requirements of the

production. 11. Items of electrics and sound equipment purchased during the production period and

also during the run which are not covered in the hire agreements e.g. colour for lanterns and batteries for radio mics.

12. The cost of all transportation during the production period of all the physical effects

including the cost of transport between workshops, rehearsal rooms and theatre. 13. The purchase or hire of those instruments (e.g. keyboards) not supplied by members of

the Orchestra. 14. Contractors labour charges for the installation of the set, lighting and sound during the

fit up. © Andrew Treagus



15. Weekly running hire for all equipment not purchased. 16. Performers salaries: rehearsal salaries are subject to the SOLT/Equity agreement;

weekly performing salaries are negotiated with individual Artists or their Agents subject to SOLT/Equity minima.

17. Overtime should be expected and added; it nearly always applies during the technical

and dress rehearsal period. 18. Paid on a weekly basis. On smaller musicals the MD may well play an instrument

within the Orchestra. 19. Usually a member of the Orchestra paid an additional weekly sum to undertake this

additional responsibility. 20. Most commonly, keyboard players specifically used during the rehearsal period, paid

on a session, daily or weekly basis. 21. The weekly salaries of the Orchestra covers 8 performances per week. In the

production period the figure is calculated on the number of 3 hour calls required, 8 calls equal 1 weeks salary. Consult an experienced Fixer who will give clear guidelines as to the expected costs. (subject to SOLT/MU minimums)

22. There are minimum SOLT/Equity agreed weekly salaries for Stage Management which

remain the same during rehearsal and the run. Many Producers offer a little above the minimum for each grade.

23. Applicable only to large scale musicals and very technical straight plays when

specialist skills are required throughout the run. 24. Sound operators are not covered by any union agreement; their salaries are by

negotiation. 25. Covered by SOLT/BECTU agreed minimum rates. 26. Probably the Assistant Director, retained throughout the run to check quality control,

give notes, rehearse understudies and assist or rehearse cast replacements. 27. A member of the chorus/ensemble with the additional duty to maintain the standard

of choreography. 28. Add an additional percentage on all salaries to cover the employer’s share of N.I., the

employees’ holiday entitlements and employer’s contribution to pension fund.

29. Agreed by negotiation. Can be a fixed weekly sum, a percentage of the weekly net box office receipts, a percentage of profits or any combination. Commonly, during the get in, technical & dress rehearsals a reduced fixed fee, then until the recoupment of the production costs a fixed weekly sum, after recoupment a percentage.

© Andrew Treagus



30. An estimate of the Contra charges can be obtained from the Theatre. The contra includes all staff costs (backstage and front of house), electricity and heating, cleaning, rates, water rates, telephone charges, box office computer charges and many miscellaneous charges, even toilet rolls.

31. The cost of any additional staff taken on by the Theatre at the Producer’s request and

recharged to the Producer. 32. The cost of the permanent staff overtime and any extra staff required by the Producer

for the get in and fit up. 33. Include all costs related to casting, e.g. rooms/theatre hire, pianist, piano hire, travel

and Stage Management staff. 34. Hire of rooms for the rehearsal period. 35. Hire of equipment for rehearsals, e.g., piano, mirrors, rehearsal furniture, sound

equipment etc. 36. Typing and duplication of the script and copying and duplication of the musical score. 37. Teas/coffees, stationery, telephone, parking, etc. 38. Fares and/or subsistence for those members of the company who live outside London.

(SOLT/Equity agreement) 39. Take advice on all these areas from a reputable advertising and marketing company. 40. Take advice on the levels of these fees from your professional advisors. 41. Take advice from an insurance broker who specializes in theatrical insurance. 42. To cover all fares, per diems and hotels for the management and creative team. 43. The opening night party and any other entertaining and first night gifts. 44. Any costs of the Producers or Managers office which are over and above the normal

costs of running the office, which directly relate to the production and can therefore legitimately be recharged to the production.

45. A weekly sum of money reserved within the accounts to pay for the repair and

replacement of any of the physical properties. A reserved sum can also be used to help pay for the cost of cast replacements.

46. Costs incurred by the Producer in the initial setting up the production and legitimately

rechargeable to the production.

47. Items under this sub heading are only applicable to touring. © Andrew Treagus



48. The touring allowance.( SOLT/Equity and SOLT/ MU). 49. Fares for Company and Staff between dates. 50. Transport of the physical production between dates. 51. Labour costs of getting in and out of each date. 52. Hotel rooms for the non-permanent fit up crew and artistic staff at each venue. 53. Under this sub heading are the sub totals for each sub heading. 54. The totals for each column.

© Andrew Treagus


CAPITALISATION, PROFIT & LOSS AND

RECOUPMENT

Having estimated the costs of mounting and running the production, consideration must be given to the capital sum that will be required, taking into account the following:-

a) The estimated production costs. b) A contingency of say 10% of the production costs to allow

for any overspends. c) A reserve of funds to cover any running losses that may

occur at any time during the run. Lack of such a reserve has caused many producers to run into financial difficulties.

d) Sufficient funds to cover any deposits that the Theatre, Equity and/or the MU may require.

e) Sufficient funds to meet the VAT elements on invoices relating to the production for supplies or services and which cannot be reclaimed timely from Customs & Excise (consult your accountant).

f) Sufficient funds to cover any running invoices that may need to be paid during the production period. Hire companies, for example, give worthwhile reductions on their hire charges if 6 or more running weeks are paid in advance.

g) Sufficient funds to cover closure costs, if the production fails. Most of the foregoing items, in particular d,e,f & g are a matter of funding cash flow. Items a & b, together with item c, is the total expenditure that has to be set against any Weekly Running Profits in order to achieve Recoupment. Recoupment is normally defined as ‘The point in time when the Producers share of the Net Box Office Income first equals the aggregate of the Productions Costs plus the Weekly Running Costs to that date less any weekly running losses to that date’. Net Weekly Running Profit is usually defined as ‘The Producers share of the Net Box Office Receipts less all Weekly Running Costs including Royalties’.

Up until the week in which recoupment takes place, all weekly running profits that go towards recoupment are held in the Producers bank account for the benefit of the Investors and are then paid over to the Investors. Once recoupment has been reached, investors are entitled to receive back the same sum of money that each individually invested. Normally, repayment of the whole investment would not be made until post recoupment profits had built up a reserve to meet possible running losses or cash flow needs.

In the event of a show having to close before recoupment takes place, but when partial recoupment has taken place, each Investor would receive only that percentage portion of the partial recoupment money as that Investor’s percentage investment bore to the total Capital.

© Andrew Treagus


CAPITALISATION, PROFIT & LOSS AND

RECOUPMENT

Following Recoupment any aggregate of Weekly Running Profits against any Weekly Running Losses is divided between the Producer and the Investors, the usual ratio being 40% to the Producer and 60% to the Investors. The 60% to the Investors would be divided, each Investor receiving that percentage portion of profit as that Investor’s percentage investment bore to the total Capital.

Profit and Loss

An estimated profit/loss illustration can now be assembled. An example is given overleaf with figures inserted as a guide to how it works. The illustration is based on the following:- • A net box office potential of £120,000.00 • Fixed Weekly Running costs of £55,000.00 • Royalties of 15% • Showing a Weekly Running Profit • Assuming a Total Production Cost of £250,000.00 • Showing the estimated number of weeks to Recoupment

(derived by dividing the Total Production Cost figure by the Weekly Running Profit figure).

© Andrew Treagus


ROYALTY POOLS

Royalty pools are now more commonly being negotiated and in particular on musicals and larger budget straight plays. A common example of a royalty pool can be described as follows: instead of the Royalty being calculated as a percentage of the net Box Office receipts, it is calculated as a proportion of the Gross Weekly Running Profits, using the following guidelines: a) The Gross Weekly Running Profit (Calculated by deducting from the weeks net box office

receipts all weekly running costs excluding royalties) is divided between the Royalty Pool participants and the Producer/Investors in an agreed ratio. For example, 65% to the Producer/Investors and 35% to the Royalty Pool. This split (65%/35%) would be part of the negotiated agreement.

b) The Producer/Investors’ share (e.g. the 65% as above) becomes the Net Weekly Running Profit and, prior to Recoupment, on a weekly basis, aggregates towards achieving Recoupment. Following Recoupment the percentage division is normally adjusted (again by negotiated agreement); for example the Producer/Investor’s share may reduce to 60% and the Royalty Pool increase to 40%.

c) The Royalty Pool share (e.g. the 35% as above, or 40% following Recoupment) is divided between all the Royalty Participants in the ratio of their individual Royalty to the total of the Royalties to be paid. For example, if the total Royalties in a pool amounted to 15%, each 1% Royalty holder would receive 1 point within a total of 15 or 1/15th of the total Pool.

d) It is clear from a), b) and c) that in a week where there is little or no Gross Weekly Running Profit, Royalty participants could share in a small or even non existent Pool. In order to deal with this eventuality and to ensure some payment is made to royalty holders in poor weeks, a minimum payment per point is normally negotiated, for example £200 per point or a total of £3,000 for the 15 points illustrated.

The use of a Royalty Pool helps to protect the Producer if a show is playing to poor business and effectively reduces the figure at which the show will start to show a loss on a weekly basis. A profit/loss illustration based on a 65%/35% Pool arrangement is shown overleaf. The same Box Office Figures and Fixed Weekly Operating Costs are used as for the previous profit /loss illustration, but it will be clear that on the Pool arrangement the Producer is at less financial risk of loss at the lower Box Office levels. © Andrew Treagus


ROYALTY REDUCTIONS, DEFERMENTS AND CAPS

A Producer may not be able to persuade an Author (or their agent) to work within a Royalty Pool formula and almost certainly this will be the case with a small straight play. There are, however, other methods, frequently used to help the Producer either to reach Recoupment within a reasonable period of time or to assist the Producer to keep a show afloat during periods of low Box Office income. These include:- Caps

A royalty cap can be pre-negotiated (requiring the agreement of all Royalty Participants) to allow the Producer only to pay Royalties up to a specific level of Box Office income. For example, the theatre at which the play is going to open may have a Net Box Office Potential of £100,000 at capacity, but an agreement could be reached so that the Royalty Participants will only be paid their royalties up to 70% of that figure, so that if the Producer really got lucky and played in excess of 70%, any box office income in excess of £70,000 would be Royalty free thus hastening the point of Recoupment. Such an agreement would only be until Recoupment is reached, at which point the Cap would be removed and Royalties paid on the actual Box Office figures.

Reductions and Waivers

When shows run into trouble at the Box Office and fail to meet the weekly running costs, the producer has three options: 1) Close the production. 2) Keep the show running and suffer the losses. 3) Reduce the costs and try to keep the show alive. Option 3 is normally the first to be tried. So what reductions are possible? Almost certainly the Producer will approach the theatre and seek a reduction on the rent, and unless the theatre has another show lined up to take over immediately, the owner will usually be helpful. The other main area of possible saving is of course the Royalties, and an approach at this stage to the Author’s Agent will generally elicit at least a temporary reduction. It is, after all, hardly ever in the Author’s best interest for the Producer to have to close the production. The Author will expect that all Royalty Participants accept the same formula for cuts and will always be more willing to help if the theatre has been accommodating. A waiver is the best kind of Royalty reduction and simply allows the Producer to continue to run the play for a period paying little or no Royalties at all. It would only be in extreme circumstances and with a very understanding Author that such a waiver would last for long.

© Andrew Treagus


ROYALTY REDUCTIONS, DEFERMENTS AND CAPS

Deferments

Often the basis on which an Author’s Agent will accept a Royalty cut or waiver is that should the play get through the poor Box Office period and start to make a weekly profit paying normal Royalties, then any Royalties that have been reduced or deferred should start to be paid back to the Royalty Participants over a period of time. This is called Deferment and may be the price the Producer has to pay to get help when it is most needed. Take care, however, as Deferments over a long period can build up and make any possibility of future weekly profits very remote.

Part of a Producer’s skill must be to negotiate areas of possible savings when a production fails to sufficiently attract and, of course, to get the best possible production values within a finite budget. Producers now rarely open cold in the West End. Shows tend to open in the Provinces where good financial deals can be struck to reduce the Capital at risk. But while the risk is always present, if the Producer has done his/her homework diligently and

has got his/her sums right, the risk is properly assessed, managed and minimised.

© Andrew Treagus



KEY POINTS TO CONSIDER IN RAISING FINANCE

FSMA Registration or Debenture Route?

Introduction

Often, one of the biggest headaches facing a producer is how to obtain sufficient funds for a new production, and most are on the look-out for opportunities to attract investment. However, there are important considerations to be taken on board when approaching potential new investors, large or small.

The Financial Services & Markets Act 2000

It is vital to remember that theatre producers seeking any form of investment in a production are subject to the restrictions imposed by the Financial Services & Markets Act 2000 (“the FSMA”), which regulates capital raising (amongst other things) in all areas of business. Under the FSMA there are strict requirements relating to how investment is invited and obtained.

A WARNING!!

You should never advertise for or solicit investment in any way, whether by writing to people directly, in the press, through a website or otherwise unless you have been professionally advised that the requirements of the FSMA are satisfied. Any investment agreement resulting from such an approach contravenes the FSMA, is invalid, and the investor may be entitled to repayment of the investment in full, plus compensation for any losses suffered, regardless of the circumstances. You may also be committing a criminal offence.

Preparing an investment proposal

Before a producer circulates any investment proposal, it is essential that professional advice is taken regarding its content and how it may be distributed. In general terms, any invitation to invest must contain warnings as to the risk of losing funds, but there are also more specific requirements which a solicitor or accountant will be able to clarify. Any document inviting investment issued by a body or person not appropriately registered under the FSMA must be approved prior to circulation by a person authorised under the FSMA for this purpose, for example a solicitor or an organisation regulated by the Financial Services Authority.

The Debenture Route

Whilst a number of producers have set up their own financial services companies which are registered under the Act so as to be authorised to conduct certain types of investment business, others have followed what has come to be known as the “debenture route”.

Cont ....



KEY POINTS TO CONSIDER IN RAISING FINANCE

FSMA Registration or Debenture Route?

The Debenture Route

The central idea is that a producer circulates a document detailing the production costs, and often background information on the production, and asking investors for investment, which will technically be treated as a loan of funds. Repayment of the loan is contingent upon sufficient funds being available each week after the payment of that week’s running costs and if the production recoups a return is then paid by way of distribution of production profits. This form of loan repayable on a contingency might technically be termed a “limited recourse debenture”, hence the term “debenture route”. The advantage of this process is that the producer is spared the not inconsiderable cost of complying with the registration requirements laid down in the FSMA. However, It is vital to note that there are restrictions as to the categories of people to whom the approved document may be sent. Individuals who have expressed a particular interest in making an investment, such as those on the Angels list (see below) may be contacted. However, “cold-calling” or unsolicited mailing to members of the public is unlawful. Professional advice should be taken at every stage. Until recently the legality of the debenture route had been uncertain however both the Treasury and the Financial Services Authority have now acknowledged that this is a valid way to raise production finance. However, this does not remove the need to seek professional advice.

The “Angels” List

SOLT holds details of members of the public who have expressed an interest in investing in theatrical productions (known as “Angels”), and SOLT members are able to send copies of an approved document to those on the list. NB - The “Angels” List is only accessible to SOLT members.


So, you wanna’ be a Producer?!” Section 5.2 (Page 1 of 2)

COVER YOURSELF: INSURANCE HINTS

Prepared by Walton & Parkinson Limited Insurance Brokers

20 St Dunstans Hill London EC3R 8PP Tel: 0845 218 4140 Fax: 0845 218 4141

Email: [email protected]

Introduction

Theatrical productions need to have some insurance by law and quite a bit more through prudence. Benjamin Franklin said that “in this world nothing can be said to be certain, except death and taxes” and it is true that only rarely can future events be predicted with absolute confidence. It is therefore vital to try to avoid, or at least to minimise, the unpleasant results of the unexpected.

Types of Insurance Policies for theatrical productions

Insurance policies fall into four basic categories:- • Covering physical effects for loss or damage • Covering third party liabilities: injury to persons or damage

to property • Covering business interruption or cancellation of one or

more performances • Covering personnel: either as key people to a production in

which their non-appearance would force its cancellation, or for those involved in hazardous work, or because they are travelling abroad.

Each of the four types of insurance can be broken down into sub-divisions specifically referring to the type of work you will be undertaking.

Loss or Damage

Insuring against loss or damage to physical assets in the case of a drama or musical would cover sets, props, costumes, lighting and sound equipment, musical instruments, skips, wig blocks and all other production material including front of house photographs etc. All such items need insurance protection against loss or damage all the time whilst they are your responsibility; including when in transit, when in use or when in temporary storage. Money should also be insured against loss.

© Walton & Parkinson Ltd



COVER YOURSELF: INSURANCE HINTS

Employers Liability and Public Liability

Every employer is required by UK law to have Employer’s Liability Insurance, which provides up to £10 million indemnity for any employee who suffers a work-related accident or illness. A minimum of £2 million indemnity is recommended by insurers for Public Liability claims involving injury to other persons or damage to third party property caused by the negligence of the Insured.

Business Interruption or Cancellation of an Event

There could be loss or damage to the theatre, sets or equipment, or one or more of the cast might fall ill or have an accident. If a tour is cancelled then you might well suffer loss of fare monies and transportation costs as well.

Personnel

For those involved in hazardous or potentially hazardous work during performance or fit-up, Equity requires that producers take out appropriate insurance for death, loss of limbs, eyes etc. and permanent total disablement for a sum of not less than £30,000 and weekly benefits for temporary total disablement relating to between 75% and 100% of the individual’s normal earnings. If travelling abroad, you have to take out Travel Insurance involving temporary Life Insurance, Medical Insurance, Personal Effects and subsistence costs if the cast’s return is delayed.

Costs

The cost of the relevant insurance for your particular production depends upon numerous factors such as reinstatement values of physical assets, the payroll, the likely costs and commitments in the event of a cancellation, the age and health record of artists and sometimes the nature of the work involved. Invariably, the cost of the insurance amortized over the period of the production is often one of the smallest elements of the budget. It would appear that few insurance companies have much experience of theatre, so it is advisable to use a specialist broker who will be able to assess your needs and provide quotations for cover with a proper understanding of what your production involves. It is the insurance broker’s role to evaluate the risk factors and match the risks involved with the appropriate insurance - bought at the best price commensurate with breadth of cover and the security of the insurer, coupled with their concern to settle claims fairly and promptly.

© Walton & Parkinson Ltd



MARKETING AND ADVERTISING

PUBLICITY AND PRESS REPRESENTATIVES

Marketing and Advertising

The marketing and advertising of a production are so dependent on the particular circumstances of each production that it is impractical to generalise here. The best way for new producers to find out about this is to approach the experienced theatre practitioners in the field and ask them to make a proposal for the production. It is not always necessary to have the advertising and marketing with the same company. However, on smaller productions such as plays, some companies may not be prepared to just take on one or the other as their margins may be too tight. Also the producer’s costs will probably be increased if they use separate companies for marketing and advertising. In any event it is advisable to go to those who are experienced in theatre marketing and advertising.

The principal practitioners are:-

AKA First Floor, 115 Shaftesbury Avenue, London WC2H 8AF 020 7836 4747 http://www.akauk.com Dewynters plc 48 Leicester Square, London WC2H 7QD 020 7321 0488 http://www.dewynters.com A full list can be found in ‘Contacts’ or in theatre programmes for productions, which usually credit advertising and marketing companies working on the production. It is usual to pay an up-front marketing fee, plus a weekly fee. There may also be a “design” or “concept” fee. Agencies receive an inside commission for advertising space booked and the producer will only have to pay for the artwork.

Publicity and Press Representatives

It is essential to use a Publicity and Press Representative who is experienced in theatre productions. As with advertising and marketing, producers are best advised to meet with a few practitioners and ask them for their proposals. It is usual to pay an up-front fee plus a weekly retainer for as long as the production runs. Expenses are also payable, including the cost of press releases, postage, photos etc. A full list of Publicity and Press Representatives can be found in ‘Contacts’.

© Stage One


BURSARIES FOR NEW PRODUCERS

Stage One gratefully thanks the following who have supported the Fund with their generous donations:

• Clear Channel Entertainment • The Department of National Heritage • The Foundation for Sport and the Arts • The Harold Hyam Wingate Foundation • The Mackintosh Foundation • Mamma Mia! • The Musicians’ Union • The Patrick Trust • The Rayne Foundation • The Society of London Theatre • The Theatrical Management Association • The Underwood Trust • Andrew Treagus Associates and the many others who have contributed over the years.

Stage One is the operating name of the Theatre Investment Fund Ltd, a company limited by guarantee registered in England No. 1252595 Charity Reg. No. 271349 Registered office: 32 Rose Street, London, WC2E 9ET.

© Stage One



STAGE ONE

Stage One was founded in 1976 (as The Theatre Investment Fund) with the aim of supporting and encouraging new producers in the commercial theatre. It is a non-profit distributing organisation with charitable status and is run by a Council that consists of many of the major theatre owners, managers and producers in the UK, all of whom are committed to nurturing new talent and sustaining the future of quality theatre in this country. Stage One fulfils a crucial role at the very heart of the commercial theatre industry. In today's tough financial environment, there are increasingly fewer new producers equipped to face the daunting task of raising investment for a theatre production, which also means fewer new playwrights are given that critical first chance to have their work presented to an audience. These new producers are the future lifeblood of the industry; without them theatre in the UK will stagnate and ultimately decline. Stage One’s role is to reverse this trend and help sustain healthy and profitable commercial theatre across the country. To this end Stage One assists promising new producers by running workshops led by experienced professionals, by producing a guide for new producers, So, You Wanna’ Be A Producer?!, and by providing a free information and advice service for those presenting productions. Stage One, in association with SOLT, also runs a Bursary scheme for New Producers which is co-financed by SOLT and sponsored by FIFA (Federation Internationale des Football Associations), in association with MAMMA MIA! and Arts Council England, and supported by the Mackintosh Foundation, the Wingate Foundation and Clear Channel Entertainment. The Bursaries are intended to support individuals in progressing their careers as commercial theatre producers and recipients are able to use the Bursary to develop and/or present new productions. In addition the scheme also provides the benefit of an established industry figure as a mentor. Stage One also makes modest investments in new productions, both in London and nationally, that meet its investment conditions. Returns made from Stage One’s investments are paid back and reinvested in new productions. In order to secure its long-term survival Stage One has set up an Endowment Fund, the capital of which is invested in perpetuity so that the income can be used to finance Stage One’s investments in productions and educational activities. Recent Investments

Some recent productions in London and the regions which have received support:

And Then There Were None Anything Goes As You Desire Me As You Like It Donkeys’ Years Ducktastic Edward Scissorhands Epitaph for George Dillon Evita Footloose Hedda Gabler Heroes High Society Honour

Jane Eyre Mary Stuart My Name Is Rachel Corrie Otherwise Engaged Pete And Dud Come Again Reduced Shakespeare Company: Complete Hollywood (abridged) Shoot The Crow Sinatra At The London Palladium Steptoe & Son Sunday In The Park With George Telstar The Postman Always Rings Twice Trainspotting

© Stage One



STAGE ONE

Council and Officers

Patrons

LORD ATTENBOROUGH, CBE DAME JUDI DENCH, CBE SIR RICHARD EYRE, CBE MICHAEL GRADE, CBE SIR CAMERON MACKINTOSH DAME MAGGIE SMITH, CBE STEPHEN SONDHEIM JOHN WHITNEY

Members of the Council

DAVID DEIN (Chairman) PAUL ELLIOTT (Vice-Chair) GEORGE BIGGS RICHARD PULFORD NICA BURNS RUPERT RHYMES, OBE MICHAEL HARRISON GREG RIPLEY-DUGGAN THELMA HOLT, CBE MARK RUBINSTEIN RICHARD JOHNSTON ROSEMARY SQUIRE SIR EDDIE KULUKUNDIS, OBE ANDREW TREAGUS DEREK NICHOLLS SIR STEPHEN WALEY-COHEN, BT ANDRÉ PTASZYNSKI MAX WEITZENHOFFER (USA) CARO NEWLING PETER WILSON, MBE All members of the Council are also members of the Company.

Chief Executive Financial Controller & Company Secretary Administrator

NICK SALMON MARTIN SCOTT NATASHA OCKRENT

Auditor

HALPERNS HAINES AND WATTS

Offices

32 Rose Street Tel: 020 7557 6737 London WC2E 9ET Fax: 020 7557 6799

Stage One is the operating name of the Theatre Investment Fund Ltd, a company limited by guarantee registered in England No. 1252595 Charity Reg. No. 271349 Registered office: 32 Rose Street, London, WC2E 9ET © Stage One


SOME PROFESSIONAL ADVISERS (This list is not comprehensive - for others see British Theatre Directory)

SOLICITORS Campbell Hooper 35 Old Queen Street London SW1H 9JD Tel: 020 7222 9070 www.campbellhooper.com Clintons 55 Drury Lane London WC2B 5SQ Tel: 020 7379 6080 Davenport Lyons 1 Old Burlington Street London W1S 3NL Tel: 020 7468 2600 www.davenportlyons.com Denton Wilde Sapte 5 Chancery Lane, Clifford’s Inn London EC4A 1BU Tel: 020 7242 1212 www.dentonwildesapte.com Goodman Derrick 20 Fetter Lane London EC4A 1PT Tel: 020 7404 0606 www.goodmanderrick.com Harbottle & Lewis Hanover House, 14 Hanover Square London W1R 0BE Tel: 020 7667 5000 www.harbottle.com

Mishcon De Reya Summit House, 12 Red Lion Square London WC1R 4QD Tel: 020 7440 7000 www.mishcon.co.uk Olswang 90 High Holborn London WC1V 6XX Tel: 020 7067 3000 www.olswang.com Russell-Cooke 8 Bedford Row London WC1R 4BX Tel: 020 7405 6566 www.russell-cooke.co.uk Barry Shaw 13 Blackheath Village London SE3 9LA Tel: 020 8297 8899 The Simkins Partnership 45-51 Whitfield Street London W1T 4HB Tel: 020 7907 3000 www.simkins.com Tarlo Lyons Watchmaker Court, 33 St. John's Lane London EC1M 4DB Tel: 020 7405 2000 www.tarlolyons.com

ACCOUNTANTS Baker Tilly 2 Bloomsbury Street London WC1B 3ST Tel: 020 7413 5100 www.bakertilly.co.uk Blinkhorns 27 Mortimer Street London W1T 3BL Tel: 020 7636 3702 www.blinkhorns.co.uk Breckman & Company 49 South Molton Street London W1K 5LH Tel: 020 7499 2292 Buzzacotts 12 New Fetter Lane London EC4A 1AG Tel: 020 7556 1200 www.buzzacott.co.uk

Jon Catty & Co. 118-120 Wardour Street London W1F 0TU Tel: 020 7439 9078 Collins & Company Second Floor, 116 College Road Harrow, Middx HA1 1BQ Tel: 020 8427 1888 Halperns 25-31 Tavistock Place London WC1H 0XF Tel: 020 7391 4500 Nyman Libson Paul Regina House, 124 Finchley Road London NW3 5JS Tel: 020 7433 2400 www.nymanlibsonpaul.co.uk


SOME PROFESSIONAL ADVISERS

(This list is not comprehensive - for others see British Theatre Directory)

INSURANCE BROKERS

Gordon & Co. 2 Sekforde Court 217 St Johns Street London EC1R 4LY Tel: 020 7251 2255 Opus Insurance Services Ltd 97-99 West Regent Street Glasgow G2 2BA Scotland Tel: 0141 333 3907 www.opuscompany.com

Walton & Parkinson Ltd 20 St Dunstans Hill London EC3R 8PP Tel. 020 7929 4747

USEFUL PUBLICATIONS Box Office Data Report The Society of London Theatre 32 Rose Street Covent Garden London WC2E 9ET Tel: 020 7557 6700 www.officiallondontheatre.co.uk British Performing Arts Yearbook Rhinegold Publishing 241 Shaftesbury Avenue London WC2H 8TF Tel: 020 7333 1721 www.rhinegold.co.uk British Theatre Directory Richmond House Publishing 3 Richmond Buildings London W1D 3HE Tel: 020 7224 9666 www.britishtheatredirectory.co.uk Complete Guide to London’s West End Theatres (1994) The Society of London Theatre - address as above -

Contacts Spotlight Publications 7 Leicester Place London WC2H 7RG Tel: 020 7437 7631 www.spotlightcd.com Disabled Access Guide to London’s West End Theatres The Society of London Theatre - address as above - The Spotlight Spotlight Publications - address as above - The Theatre List The Society of London Theatre - address as above - West End Theatre Audience Report The Society of London Theatre - address as above - The Wyndham Report (1998) The Society of London Theatre - address as above -

© Stage One

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