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/

A Look Behind the Curtain

I have a confession to make, I enjoy spending my pastime watching reality based shows! However, I am very particular about the reality shows I watch. I prefer reality shows that give a glimpse of life behind the scenes, after the camera stops rolling, and you leave the character at work or on stage. It is always intriguing to be able to get a glimpse into the life of a celebrity, or performer, you may adore. So, yes reality t.v. can be my guilty pleasure.

Last year I came across a reality show that gave viewers a behind the scenes glimpse into the world of ballet. The reality show titled 'Breaking Pointe' follows dancers and artistic director, Adam Sklute, of the Ballet West Academy, as they prepare for the upcoming dance season. Viewers are given a chance to see what happens behind the scenes in preparation of dance season. As well, viewers are able to follow the dancers into their personal lives and watch as stereotypes of bulimia and anorexia are broken, how dancers release stress with mini vacations and parties (too much partying at times), and partake in the drama on and off stage. Breaking Pointe is  now in its second season and is continuing to draw notable attention. 

Breaking Pointe of The CW is breaking barriers, as this is the first reality show to allow cameras to follow the dancers behind the curtain. Yes, there have many documentaries on schools such as Julliard and life as a student at such a prestigious academy, but no camera has gone where Breaking Pointe has gone, and is going, in the coming weeks. Through the reality show Ballet West has allowed not only its current audience, who attend their shows, but all dance enthusiast, such as myself, to gleam even closer and more intimately into seeing just what happens before and after the curtain falls. Despite some of the over-the-top drama, which there is quite a bit, it becomes overshadowed once dancers enter the academy doors and practices/rehearsals begin. We get to watch as dancers sweat on the outside and inside, as they spin, leap, jump, and fly for the chance to win the coveted roles of the upcoming shows. Who will win the lead? Who will be invited to return for another season? Will the artistic director make the right decisions when casting for his biggest selling productions? These questions and more are asked, and answered, as we follow along with the dancers and instructors of Ballet West. 

Ballet West may have did well in allowing audiences to take a look behind the curtain. But don't take my word, decide for yourself in this clip from season 2:

What are your thoughts?

Thanks for reading,

LaKesha xo

Cross Training

Hello readers, it has been a while since my last post. A lot has been keeping me busy, making it difficult to maintain a consistent regime of post. However, I have not neglected my business and the work needed to launch the nonprofit. In my time away I have been doing research to understand my industry and take note of the trends that is making movement in the performing arts culture. Part of launching a successful business is in knowing your market, your audience, and being able to provide a quality, and innovative, service. Recently, I came across an article on a site I subscribe to Philadelphia Dance Journal, which detailed the benefits of cross training dance. After reading the article I realized there is an opportunity to create new programs within my performing arts center, which embody cross training and will better prepare my students to be more marketable in the industry when they go professional. 

Typically, a dancer may tend to train, or specialize, in one particular art form of dance such as classical ballet, contemporary, or hip-hop. The article highlights three benefits a dancer can achieve from cross training in other dance genres while still specializing in one, which are marketability, creative freedom, and injury prevention. I believe the most important benefit is marketability. As a dancer you are a product/brand, which provides a service. Being cross-trained to dance in any style or genre allows a dancer to expand his/her brand and chances of employment. Cross-trained dancers became more popular when television show 'So You Think You Can Dance' hit the air ways showing the best dancer was the cross trained dancer. I, myself, started in classical ballet, jazz and tap, and then eventually expanded into contemporary and hip-hop. Although I primarily gravitated towards lyrical jazz, I continued to study the other dance genres for diversity and range in my skill level. At the time I did not realize I was actually making myself more marketable, as during my time very few dancers studied more than one or two genres at a time.

After reading the article, and thinking about the program structure of my performing arts I begin thinking as to how can I best serve and manage my students talent to aid in their success as artists. Part of the performing arts programs that will be offered is a pre-professional program for students who exhibit an innate sense of skill and gifted talent, and want to take their work to a professional level. The pre-professional program will require the students to chose a specialty however, the student must also chose two other genres to study as minors in their field. By offering a program that teaches, and promotes, cross training I believe I will be assisting in breeding a new line of innovative dancers, choreographers, and teachers.

Thanks for reading, and more consistent post to come so stay tuned.

xo,

LaKesha

Negotiating No Joke

Throughout my time in my masters program I have learned many new things about launching my business that are quite valuable and much needed along this journey. Currently I am studying the power of negotiation and how important it is to be able to negotiate in any given situation. Well, I admit I not once considered in the process of launching my business that I would find myself having to negotiate, as this is something lawyers do, right? Wrong! In business you are constantly going to find yourself in the midst of negotiations. Perhaps not the daily negotiating battles you see on T.V. such as 'Fairly Legal', or other shows, but nevertheless you will at some point in your career have to negotiate. Whether it be for a piece a property, the cost of a good/product, merging your business with another, or contracts deals for talent. And one thing I know for sure negotiating is no joke, and to not walk out the room wondering 'what just happened' you must be well prepared before entering into such a situation.

In my research I came across some videos, and podcasts, by some reputable individuals with negotiation experience to see how they view negotiating and tips they offer to help better prepare myself for when the time comes. William Ury, co-author of 'Getting to Yes', did a talk on separating the people from the problem to reach mutual understanding in 'The Walk From No to Yes'. William uses the story of Abraham to illustrate how Iraq and Iran could potentially begin to close the gap between them if they stop for a moment, remove themselves and walk in the shoes of their past to see how they got to where they are today. One key factor in negotiating, I am learning, is being able to separate the people from the problem. Too often emotions run high and one tends to lose sight of the fact that you are still dealing with a person, and in order to come to a shared understanding this must be at the forefront of one's mind.

I also, came across a couple of podcasts on iTunes by Michael Mcllwrath, titled 'International Dispute Negotiation', who sat with several individuals from various backgrounds, to discuss their experience in negotiating in order to help others. One of his podcasts talks on the subject of mediating with hard negotiators. In this podcasts Michael discusses with Australian mediator, John Wade, his experience dealing with hard negotiators and the impact it has on his job. I found interesting a scenario John shares where he entered into negotiations with a lawyer he knew was tough and hard ball, and was apprehensive going into the meeting. In the beginning the lawyer informed him to write down his terms, he only had one hour to do so or the lawyer would make the terms himself and close negotiations. This type of scenario I find is not few, far, or in between. When dealing with people of this nature, who seek to intimidate, manipulate, or place fear, you have to show up prepared, and as William Ury states in his book 'Getting to Yes' know your BATNA (Best Alternative To a Negotiated Agreement). Ury believes having a BATNA is considered one of the most powerful tools you can have when dealing with a more powerful negotiator.

The last podcast I came across by Michael Mcllwrath, was with NBC Universal attorneys titled, 'Mediating Disputes in the Film and Television Industries. This podcast was quite interesting for me being my business is part of the entertainment industry. One of the main approaches to negotiation the lawyers of NBC Universal use are mediators. The lawyers share how the use of mediator has actually aided in helping the parties reach mutual benefits in cases, that took years of getting no results. In the film, and television, industry the lawyers share how it is typically considered "weak" to use a mediator to resolve your case, but these lawyers have chosen to go against the grain because of the success mediators have provided. Sometimes you have to do what is considered least popular in order for both parties to walk away satisfied. When it comes to right or wrong, win or lose, I can say many of can agree it better to use the least likely option to resolve a dispute, or come to terms, than spend years in courts spending more money than necessary.

Although, I am still learning about how to use these negotiation techniques, and more, when it comes to my business, I no longer shun the notion that negotiating is for the experienced lawyer only. Yes, there will be cases where an experienced lawyer will be necessary and in those moments I will be happy to pass the reigns. However, for the more manageable cases where I find myself needing to negotiate a better price, or settlement, or compensation, it will be good to know I have the knowledge and understanding when it comes to negotiating, and not give in at the first slight of intimidation. It will be great to be able to deal with confidence and walk out of the room satisfied knowing the joke isn't on me.

Hope you enjoyed this post. And as I continue this journey I will be sure to share with you my experiences in negotiation. In the meantime here is a video for you to enjoy and hopefully you'll be able to takeaway for your next deal!

Thanks for reading,

LaKesha xo


References:

Fisher, Roger. & Ury, William. (2011). 'Getting to Yes'. Penguin Books.

Mediating with Hard Negotiators. (2008).

NBC Universal Podcast. (2009).

Arts of Summer

Summer is here and that means fun in the sun with long beach days, lounges by the pool, summer blockbuster movies, and vacations galore. Well, why not in the midst of all the traditional summer fun you and/or the family could take in some arts and culture! Of course we want to spend our summer days out and soaking up the rays, but if you live in Florida like I do you may want a break from the heat. And, the theatre or a festival is a great way to do so. I've decided to research some summer alternatives to the usual summer adventures and see what performances are happening in summer 2013. So if you are in the Central Florida area, or find yourself near the area, here is a list of my top five must-see events happening this summer.

1) Art Takes Over Orlando, Public Art Installation - looking to take in some unique artwork then look no further than this event which features local artist work in the Downtown Orlando area. Also, local artist get to enter to have their art showcased at this well-known event. For more information visit Art Takes Over.

2) Dreamgirls, Mad Cow Theatre - this musical rendition of the 1960's musical acts such as James Brown, The Supremes, and The Shirelles come to Central Florida for one night. Dreamgirls tells the story of a musical group's rise and fall to fame. And yes, this the same Tony Award winning musical Dreamgirls that was brought to the big screen by Beyonce, Jaimee Fox, and Jennifer Hudson. Showing on July 7th at Mad Cow Theatre. 

3) Disney's Alice in Wonderland Jr, Princess Theatre - enter the wonderful, quirky, and mystical world of Wonderland and journey with Alice as she navigates her way through this enchanted world. This is one for the kiddies, and adults if you enjoy Disney classics with a twist. For more information and list of other summer productions check out Starving Artist Studios .

4) WordPlay, does your teen have talent and looking for a place to showcase, then this event is for them. Open mic for teen poets, spoken word artists, emcees, new young artists and performers get to showcase their talent at this event held by teens for teens. Click here for more details.

5) Harmony Music & Arts Festival - although this event is outdoors you can still stay pretty cool as this event is at the end of summer just before going into Fall. The event hosts three stages of music and performances, kids shows, and more for all musical/arts enthusiast. Something for families, kids, and all. Details here.

Well, these are just a few of the summer performing arts events I plan to check out. If you have any good events you would like to share, please leave a comment or post here. Look forward to summer arts fun!

Thanks for reading,

LaKesha, xo!

Performing Arts Is Entertainment

Technology has impacted a number of business' and industries in terms of how a company may operate or do business. Technology causes a business to be more creative in creating new, strategic, and innovative ways to engage their target audience. In the performing arts community technology and social media have had a tremendous impact on the industry and how the arts is translated to the public. Recently I came across a company that is using technology in new heights to engage the audience and share the various forms of art with the public. Quixotic is a performing arts company founded by Anthony Magliano that brings all types of artists together from varying fields to create new artistic art forms by pushing the limits of the traditional approach to art. The company uses dance, film, fashion, aerial acrobatics, and visual f-x to design and create unique performances through sound, movement, and music. Everything Magliano creates is to push the limits of art and entertainment in the minds of his performers and the audience in which the performances are shared.

In todays culture we are a visually, technology, and social media driven community that thrives on being engaged with the next best thing. In order for the performing arts to remain and grow, it will be key to understand todays culture and how to entertain, while also being able to draw in new audiences. Quixotic is one company that has learned to do just that with the fusion and blending of art and technology. The performances are not only visually engaging, but they also push the artists to new boundaries in their skill to truly be innovative and creative, not just for today but for tomorrow also. As a performer I am always amazed when I come across companies such as Quixotic and see how the industry is being shaped by innovative minds of the 21st century. Performing arts is no longer just art, it is entertainment.

Here's a video of Quixotic Fusion performance: 

http://on.ted.com/Quixotic 

Thanks for reading,

LaKesha xo

Reference:

Quixotic. (2013). Retrieved from http://www.quixoticfusion.com/about on June 8, 2013.

Quixotic Fusion. (2012). Retrieved from http://www.ted.com/talks/quixotic_fusion_dancing_with_light.html on June 8, 2013. 

Connections & Building Bridges

In the performing arts community marketing is a key factor to bringing awareness about the arts and organizations that dedicate themselves to keeping the arts alive. Traditional marketing strategies relied mostly on word of mouth, causing there to be a small audience of performing arts patrons. Today, new marketing tools such as social media has helped the performing arts community expand its reach, however the biggest impact to a nonprofit performing arts organization surviving, sustaining, and growing is connection. Connection is one of the biggest tools a nonprofit performing arts center can use to gain the support from the community to reach the desired goals.

Recently in doing some research I came across a few organizations that dedicate their time and efforts to supporting performing arts in the community, and helping to bridge the gap between the organization, residents and/or visitors to the area. One organization that has been working to provide such services for years is The Arts & Culture Alliance of Central Florida. The Arts & Culture Alliance of Central Florida works to increase the participation of residents and visitors in the arts community. The organization also provides collaborative efforts through marketing and sales strategies to increase awareness, patron participation, ticket sales, and arts education. The biggest initiative the organization uses to execute these efforts is their Red Chair Project, which brings the culture and arts community of all the Central FL counties together under one umbrella. The Red Chair uses unique branding campaigns to bring awareness to the regions cultural assets.

Organizations like The Arts & Cultural Alliance of Central Florida are vital to the continual growth of the performing arts community. The work and efforts of such organizations help nonprofits, such as mine, gain exposure and connection that we might otherwise not have access to. By joining with an established organization, like the Arts & Cultural Alliance of Central FL, we are able to tap into additional marketing resources that can drastically boost our audience reach, utilize an established brand  to build value and loyalty with patrons, and build a relationship that creates even more opportunities within the community.

As A. Quinn Performing Arts continues to grow our desire is to build lasting relationships with other organizations that will drive our vision, and mission, beyond our current reach. To truly impact a community it takes joint efforts and coming together with other like minded organizations to do so. This is our vision, building bridges that connects the performing arts community with those individuals who may not have been apart of our community before. And organizations like The Arts & Culture Alliance is one connection in the right direction.



Thanks for reading,

LaKesha xo