Legal Issues in Performing Arts Reviewed

In my recent class this month, we are studying advanced entertainment law. Yes, advanced entertainment law! As daunting as it sounds to you, it sounded even more daunting to me, considering I had not even taken a law class before, nor have any clue about law. However, one week in and I am glad to be in this class so far.

As a business owner, especially in the entertainment industry, it is important to have a clear understanding of the basic law practices and knowledge regarding legal and copyright matters as it pertains to one’s business. Currently, we are researching top legal cases surrounding our specific industry to gain insight on some of the legal practices taking place. My specific industry within entertainment is performing arts culture.

Considering my specific industry, there are not many “recent” legal cases or legal issues, and/or lawsuits. In spite of the lack thereof, I was determined to find valuable documents of reported legal cases in order to gain insight into possible legal situations that could potentially arise in the arts and culture industry. In my search I came across a few articles I found interesting and worth taking note; and sharing with you.

In performing arts dancers can secure various types of jobs, with various companies. As a child, I use to want to dance for cruise ships, as the thought of being able to travel to different parts of the world and dance seemed magical to me. However, that dream did not come true. Yet, there are many dancers who have been fortunate enough to work for cruise lines, or have they? Performing for a cruise line does seem like the perfect job until one becomes injured. In a recent article I came across titled ‘No Jury Trial for Seriously Injured Dancer Aboard HAL’s Oosterdam’ I was a bit shocked at the legal issues in the case. Apparently, a dancer aboard the cruise line was injured by equipment on the ship, so severely, that he can no longer dance. Thus, ending his career. Despite the laws, such as the General Maritime Law of the U.S. and the Jones Act, stipulating injured crewmembers are allowed to bring their case before a jury; the dancer in this article was denied the right by the U.S. federal court to have his case against the cruise line and his employer brought before a jury trial, and instead sent to be reviewed in arbitration. According to the article, apparently it is cheaper and easier for a cruise line to settle any crewmember claims outside of a jury, therefore inserting terms in employee contracts that any claims must be through arbitration (Walker, 2013). This case is still being reviewed to date. However, I find it appalling that cruise line companies are using loop holes to cheapen their way out of responsibility to their employees. In the dance community, the loss of a limb is not only the loss of a career, but of a life that could have been.

In a similar case we see an ex-crewmember, with the Royal Caribbean cruise line, finding favor in arbitration, as the plaintiff is awarded the highest arbitration settlement of $1,250,000. For more info on this case visit Royal Caribbean Settlement . 

On the theatre side of the industry I came across a blog on Belhaven Theatre discussing recent legal issues over playwrights. The blog shares the conflicts and legal issues that arise when a writer and producer have discrepancies over the production of a play. A recent case highlighted in the blog details how playwright Bruce Norris refused to allow his Pulitzer prized play Clybourne Park go to production in Germany, as the producer intended to have non-black actors perform the African-American characters. This is not unusual of cases being brought to the courts over playwrights, due to producers altering or making changes to a production without the writers input, or consent.

After, reading through these articles and more I am beginning to see the necessity to under the various laws, as best possible, associated with my industry. It is only wise to do so in order to protect my business, my students, and myself. As well, be able to understand the legalities associated with using copyrighted material, especially when wanting to present a previous work.

Some may say leave the legal business to the lawyers, to which I agree, and some chose to think most deals, or contracts can be handled without legal guidance, but would you want to sign on a dotted line that could potentially be signing away your future?

Thanks for reading,

LaKesha, xo

Reference:

Frost, J. (2012). ‘Playwrights Intentions Defended’.  Belhaven Theatre. http://blogs.belhaven.edu/theatre/playwrights-intentions-defended/#.Ui6Mxhbw4_4

Walker, J. (2013).‘No Jury Trial for Seriously Injured Dancer Aboard HAL’s Oosterdam”. http://www.cruiselawnews.com/2013/01/articles/crew-member-rights-1/no-jury-trial-for-seriously-injured-dancer-aboard-hals-oosterdam/ 

Walker, J. (2013). ‘Walker and O’Neil Featured in Top Verdicts and Settlements’.  http://www.cruiselawnews.com/2012/06/articles/crew-member-rights-1/walker-oneill-featured-in-top-verdicts-and-settlements-for-1250000-verdict-for-injured-crewmember-against-royal-caribbean/