Philosophy and history of the process.

The ART/NY Equity White Paper is the result of a year-long process initiated by ART/NY Board and Equity Task Force member Susan Bernfield and ART/NY member services staff Lisa Stevenson and TJ Witham.

Our process was founded on the premises that:

• the ongoing dialogue regarding revision of the Actors’ Equity Showcase Code could not productively proceed without laying out potential reforms in a discussion document;
• Equity could not be approached on this issue until well-reasoned, community-derived recommendations were on the table;
• we could forge a new approach to an old conversation, an approach that sidesteps the culture of complaint to articulate points of mutual benefit for actors and producers;.
• reform must be discussed point-by-point in the broader context of the current, mature state of Off Off Broadway.

The first step was to survey ART/NY members regarding production practices; the results of this survey, written and compiled by Lisa and TJ, confirmed the issues confronting the field. Next, we invited key members of the community to assist us in devising the document. Susan met with Tim Errickson, of the Community Dish, to pinpoint issues to focus on, and in September 2006 began the process of writing. Over the course of several sessions throughout the fall, Lisa, TJ, Susan and Tim continued to hash out early drafts for revision, with League of Independent Theater founder John Clancy joining the process as the sessions progressed. We next held two focus groups, one with Equity actors in December 2006, one with code producers in February 2007. Each was followed by revisions to the document.

Now that the paper exists, the conversation can expand and efforts can continue to broaden with input from the community. Today, we are working with the League, the Dish and the New York Innovative Theater Awards to forge a coalition in support of the White Paper and general efforts to revise the code.

These are the basic principles which underlie the recommendations that follow:

1. Today, code productions are recognized as a vital part of the cultural life of New York City, and Off Off Broadway has become a legitimate industry sector.
2. An Off Off Broadway that gains the flexibility to operate at its full potential will be the foundation of a theater community at large that is artistically and economically healthy.
3. For most actors who participate in code productions today, it is the quality collaborative experience found in those productions that has the most impact on their careers; they participate to make artistic connections as much as industry connections.
4. Everyone benefits from a successful production. We argue that promoting the production IS promoting the actors, because successful companies and productions bring more opportunity to actors.

This is a summary of the recommendations proposed in the White Paper:

• a system whereby producers can petition for alternative production schedules due to circumstances which limit how many performances are possible per week (for example, weekend-only park performances).
• the opportunity for the extension of a performance run by instituting an escalating per-performance fee scale for actors, similar to what’s in place in Los Angeles’ AEA 99-seat waiver code. In addition, we propose setting a maximum number for total performances (24-30 for the first extension); that producers can exercise the option to extend no more than twice; and that productions can move to a new theater to extend only if opening in the new space occurs within two weeks of the end of the originally-scheduled run;
• that the maximum production budget for a single code production be increased to $40,000;
• offering the option of an alternative structure for rehearsal periods. This structure would divide the hours allotted for rehearsal over additional weeks, with more rehearsal hours allotted per week the closer the production gets to tech;
• instituting a festival/developmental exception to the rule that shows cannot be remounted within one year through the creation of a "limited performance code." This code would adapt current rules to a production structure characterized by up to seven performances and limited tech time. It would be available for code producers presenting either independently produced or festival runs which show reasonable momentum and anticipate laying groundwork for full code productions within the year; perhaps as correlary to this, we recommend a structure in which companies could engage in developmental rehearsal sessions, either with or without an audience component, prior to the start of the official rehearsal period;
• two exceptions to the video prohibition: promotional excerpts for online distribution; and distribution to participating artists for the purposes of pursuing employment. Under no circumstances would a producer or collaborating artist profit financially from either of these exceptions. We recommend that thirty minutes of videotaping of a production be allowed, which can be excerpted for online and artist distribution;
• that exceptions to the two-play rule may be made for established producers of Seasonal Showcases if:
  • they are an established seasonal producer who has produced two or more shows on Tier in each of the prior two seasons;
  • the Actor Package remains the same, i.e., producer agrees that Equity stipends be determined by dividing Seasonal Gross by the number of Equity actors and stage managers involved in the single show, thereby increasing – potentially doubling -- stipends for that show.
• an alternative recommendation: the creation of a group of producers modeled after the Extended Rehearsals and Performance (ERP) Group in Los Angeles, which would reward companies with strong track records by enabling them to petition for longer rehearsal and performance periods and other benefits.

Read/Sign the Petition!