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