LMDA GUIDELINES
RESOLUTIONS TO IMPROVE WORKING CONDITIONS
(Adopted by Literary Managers and Dramaturgs of the Americas, November 2000)
The following resolutions were developed over three years of research and discussion instigated by the Advocacy Caucus and a subcommittee, Friendly Amenders. The research included investigation into employment practices and standards in other theater professions, as well as (through oral history, discussion, and surveys) common practice and the wishes of working dramaturgs.
The committees (as of November 2000) included:
ADVOCACY CAUCUS:
Lynn M. Thomson: Founder and Co-Chair
Shirley Fishman, Co-Chair
Current Members: Lenora Brown, Laura Castro, Maxine Kern, Lisa McNulty
Past members: Julie Bleha, Shelby Jiggetts-Tivony, Janice Paran, Emily Morse
FRIENDLY AMENDERS:
Mark Bly, Lee Devin, John Lutterbie, Emily Morse, Brian Quirt, Michele Volansky
Legal consultant: David H. Friedlander, Esq.
This document was prepared by Lynn M. Thomson.
The following resolutions are the first steps toward fulfilling the mandate stated at the 1999 Literary Managers and Dramaturgs of the Americas (LMDA) annual conference: that the Advocacy Caucus recommend how LMDA may improve the working conditions of dramaturgs and literary managers. The proposals are consistent with the current mission of LMDA as stated in the by-laws.
RESOLUTIONS
RESOLUTION ONE: In summary, the first resolution outlines recommended contract guidelines regarding terms and conditions for six categories of employment. These guidelines are for individual negotiation and organizational advocacy. See "Employment Guidelines" for the complete resolution.
RESOLUTION TWO: LMDA will approach employers and potential employers of dramaturgs for dissemination and discussion of these guidelines. LMDA will generate a priority list, including present employers of literary managers/dramaturgs and TCG theaters. The employment guidelines will be clearly stated as recommendations only and that compliance is voluntary. The employment guidelines will be appropriately contextualized and accompanied with other materials (such as the LMDA mission statement; statistics about current practice; definitions of the field, etc.). The process will include mailings and follow-up meetings. The members of the Advocacy Caucus and/or other persons designated by the Executive Committee will endeavor to meet with employers. The names of those organizations and individuals who support these guidelines will be published regularly by LMDA in the newsletter, The LMDA Review.
RESOLUTION THREE: We will seek out and maintain a relationship with an attorney who should advise (but not negotiate for), dramaturgs on contracts. This attorney should fashion more detailed sample contracts from the guidelines. VLA will, for a small one-time fee, accept LMDA and assign an attorney. The membership mandates the executive committee to enter into this arrangement.
EMPLOYMENT GUIDELINES
(Adopted by Literary Managers and Dramaturgs of the Americas, November 2000)
PREFACE
The following guidelines are a non-exhaustive list of employment terms which dramaturgs and literary managers can consider when negotiating agreements for service. Literary Managers and Dramaturgs of the Americas (LMDA) cannot collectively bargain, though may advocate for its members. Dramaturgs and literary managers, hereby instructed on reasonable and standard terms, can adopt or modify the guidelines according to their individual conscience and to suit particular circumstances.
The following resolution was developed over three years of research and discussion instigated by the Advocacy Caucus and a subcommittee, Friendly Amenders. The research included investigation into employment practices and standards in other theater professions, as well as (through oral history, discussion, and surveys) common practice and the wishes of working dramaturgs.
The committees (as of November 2000) included:
ADVOCACY CAUCUS:
Lynn M. Thomson: Founder and Co-Chair
Shirley Fishman, Co-Chair
Current Members: Lenora Brown, Laura Castro, Maxine Kern, Lisa McNulty
Past members: Julie Bleha, Shelby Jiggetts-Tivony, Janice Paran, Emily Morse
FRIENDLY AMENDERS:
Mark Bly, Lee Devin, John Lutterbie, Emily Morse, Brian Quirt, Michele Volansky
Legal consultant: David H. Friedlander, Esq.
This document was prepared by Lynn M. Thomson.
The following resolution is one step toward fulfilling the mandate stated at the 1999 LMDA national conference: that the Advocacy Caucus recommends how LMDA may improve the working conditions of dramaturgs and literary managers. The proposals are consistent with the current mission of LMDA as stated in the by-laws.
Since a membership survey (1999) revealed that no consistent job title exists - though consistent job functions do - the phrase dramaturg/literary manager is used below to embrace all the membership of LMDA, as well as all individuals within the profession. "Production dramaturg" pertains to anyone, whatever his/her title, who works on an individual production.
RESOLUTION ONE: TO IMPROVE WORKING CONDITIONS
Whereas the mission of Literary Managers and Dramaturgs of the Americas (LMDA) is to cultivate, develop, and promote the fields of dramaturgy and literary management and is committed to improve working conditions in order to fulfill this mission, LMDA now adopts the following recommended guidelines for contracts and other agreements under six non-exhaustive categories of employment. By "non-exhaustive," we mean that other categories may be added and the document amended.
One finding from a survey and three years of Advocacy Caucus meetings: because of the great range in the commitment of time and human resources from dramaturgs/literary managers, uniform employment guidelines would be untrue to the present state of the profession. We, therefore, suggest parameters regarding six large categories of work.
These categories were developed from a study of the different venues/relationships which dramaturgs currently list. We have concluded that practitioners sometimes deserve compensation and credit equal to that of designers and sometimes approach the compensation awarded directors or authors.
Equity is essential.
The six categories of employment are:
A. Staff dramaturg/literary manager hired by not-for-profit institution or for-profit institution/producer
B. Freelance production dramaturg hired by not-for-profit or commercial producer
C. Freelance production dramaturg hired by playwright
D. Freelance production dramaturg hired by director
E. Dramaturg at universities/colleges
F. Dramaturg/literary manager on staff or free-lance at new play development center in which no full productions are presented
GUIDELINES for A: Staff dramaturg/literary manager hired by not-for-profit institution or for-profit institution/producer.
The guiding principle for the following is that a dramaturg/literary manager more often than not functions as a department head and, therefore, work terms/conditions should be equivalent to standards within the individual theater for heads of other departments (such as Marketing, Development, Associate Artistic Director, Production).
Equity is essential.
1. Job Description.
Tasks may include, though are not limited to, the following:
(a) administrating literary office: soliciting and reading scripts, establishing and/or maintaining a system for reading and recommending scripts to artistic director, establishing and maintaining relationships with playwrights, maintaining knowledge of plays.
(b) season planning with artistic director.
(c) administrating a new play program including play selection, organizing staged readings and workshops.
(d) editing newsletter.
(e) production dramaturgy (recommended maximum, five shows per season). Standard tasks for a production dramaturg includes: research; discussions with playwright, director, and designers before rehearsals begin and during rehearsal (3/week); attendance at 2-3 rehearsals/week; attendance at run-throughs and previews; notes to director and/or artistic director and/or author. However, if the level of engagement is beyond this standard, the dramaturg's work should be considered outside of and in addition to the contracted services. Such work should be considered exceptional services. See #4-7 below for details about "exceptional services."
(f) assisting marketing and development departments by writing, as requested, about the institution, its mission, or particular productions.
(g) conducting audience discussions, post or pre-show; organizing panels related to production.
(h) writing program notes.
(i) as an alternative to production dramaturgy, a dramaturg/literary manager may participate in an education program.
(j) a dramaturg/ literary manager may be hired to primarily create/administrate an education program: these efforts would include designing and implementing of programs; developing relationships with schools and teaching artists; training or supervising the training of teaching artists; writing or supervising the writing of educational materials, including study guides; working with development department for funding. We recognize this position as a full-time effort itself. Other activities, as listed above (a-i) would be in addition and should not involve more than a negotiated amount of hours/week; otherwise additional compensation is needed.
2. Credit.
The staff dramaturg/literary manager should be listed in the program with the artistic staff, after the name of the artistic director or associate artistic director and in a print size equal to all others. When a staff dramaturg/literary manager serves as production dramaturg, he/she should be listed on the title page of the program as "Production Dramaturg." That credit should be of equal size to and on the same line as that of designers. Any poster, press release, or other advertisement and marketing material that lists the director and designers shall also list the production dramaturg.
Educational administration, for productions that involve education efforts, should be listed with the artistic staff on the title page of the program and also with the artistic staff in the staff listing. Any material that lists the artistic staff should include the staff dramaturg/literary manager.
If the theater receives credit in the published version of a script, the production dramaturg and/or staff dramaturg/literary manager should receive credit either as part of artistic staff, if listed, or as the production dramaturg when he/she has performed that function. If the theater is not credited, the production dramaturg cannot be credited. In this circumstance, the production dramaturg or literary manager would be required to enter into a separate agreement with the playwright or new producing theater and may do so; the producing institution will not object.
3. Compensation for standard services.
Equity is essential.
The dramaturg/literary manager is considered a department head and should be compensated accordingly. Obviously, the budget of the theater affects the compensation. Currently, the largest number of dramaturgs/literary managers receive, for full-time employment in an American not-for-profit institution, a salary that ranges between $550-$750/per week; the variance - as evidenced in the 1999 Survey - is tremendous. Salaries should be regularized and consistent. As a yardstick for American theaters, for staff salary at a Lort D theater with a budget of approximately $1 million, the dramaturg/literary manager should earn a salary of no less than $35,000 per year. In commercial venues, $40,000 per year should be considered a minimum salary.
Canadian theaters will determine their equivalent in their currency.
Dramaturgs/literary managers earning below the minimum standard salary should be provided released time accompanied by an appropriate reduction of tasks in the job description. Moreover, the dramaturg/literary manager earning below the minimum standard salary is free to undertake outside employment to supplement their income and must be allowed adequate released time to do so.
Staff dramaturgs/literary managers should receive health and other benefits offered to department heads.
Moreover, production dramaturgs maintain rights to any record/journal of their process, including files on/of research sources. The final protocol book (excluding the text of the play or any other copyrighted source) is also owned by the production dramaturg and cannot be replicated by the theater without permission of the production dramaturg and additional compensation. The production dramaturg may keep a notated text or any other research materials. The theater may retain, for its records, a copy of the protocol, but usage demands permission of the production dramaturg. The theater retains ownership of newsletter articles and program notes. However, the production dramaturg will be permitted to replicate any articles or program notes and must always be credited if the theater replicates such material.
4. Exceptional services for production dramaturgy or other work outside standard contracted services: definition.
Contracts should include those circumstances that constitute "exceptional services” and describe how the dramaturg/literary manager receives both credit and compensation for the current as well as subsequent life of the play/production. It may be that some production dramaturgs routinely provide what is defined below as "exceptional services." In that case, production dramaturgs should routinely receive additional compensation as described below.
The work of the dramaturg/literary manager should be considered "exceptional services" when there is an unusual and significant contribution and/or an unusual and significant level of engagement. "Exceptional services" include, but are not limited to, the following conditions: the production dramaturg begins work with a playwright at least two months before rehearsal (number of hours/meetings to be negotiated) and continues near-daily throughout rehearsal; the text is substantially altered in the context of ongoing conversation with the playwright and/or director; the play is substantially unwritten at the start of the process; the production dramaturg not only does research and conceptual discussion with director, as well as text work with playwright, but also meets extensively with both and attends/participates in all or nearly all rehearsals - exact number of days and hours per/day to be negotiated (suggested norm: 4 or more days/week out of 6; 5 or more hours/day out of a 7 hour day); the text does not exist before the workshop or rehearsal process and the dramaturgical research not only informs, but also becomes incorporated into the final text; the dramaturg/literary manager does any writing, including conception of plot, character, language; the dramaturg/literary manager authors translations or adaptations - the ownership of which is retained by the dramaturg/ literary manager; the dramaturg/literary manager creates a book (for which the dramaturg should retain rights of authorship) - including journals or records of the dramaturgical/ rehearsal process. Not all circumstances should pertain to each project. Individual contracts should specify what combination of circumstances need to exist simultaneously to meet the criteria of "exceptional services."
5. Compensation for exceptional services: current production.
The dramaturg/literary manager should receive additional payment or should be offered released time and accompanying adjustment of other tasks.
6. Compensation for exceptional services: subsequent productions.
"Subsequent production" means any production of the play that is produced or presented under the control of the producer who originally engaged the dramaturg and that is presented after the initial production. (By way of example, a subsequent production would include a move or transfer, or the formation of a touring production or a "sit-down" production in another city.) Subsequent productions would not include productions of the play that are licensed by the original producer to another, where the original producer's participation is limited only to receipt of a licensing fee.
For subsequent productions, the dramaturg should be guaranteed a right of first refusal. In lieu of fulfilling this obligation, the theater should pay the dramaturg/literary manager a negotiated compensation.
If the producer only licenses the play, then the dramaturg will receive a percentage of that fee, to be negotiated. If the producer receives a royalty, then the dramaturg/literary manager should be paid 5% of the producer's share. For example, the usual practice now is that producing theaters receive 5% of royalties; dramaturgs would thus be receiving 1/4 of 1%. As standard practice changes, so should the recommended amount change.
If the dramaturg/literary manager does continue with the production, the dramaturg/literary manager should receive compensation to be negotiated, but no less than what a freelance dramaturg would earn. (See Guidelines B, below). The original producing theater is responsible for this payment unless otherwise negotiated.
If the next production does not involve the original producing theater, and that theater receives no additional compensation, the dramaturg/literary manager is similarly bound and the dramaturg/literary manager can only seek a separate agreement with the new producing theater, the playwright or director; the production dramaturg should have permission to do so after the current theater has concluded its negotiations.
7. Credit for exceptional services.
If the production dramaturg continues to work on the project, standards for a freelance production dramaturg should apply. (See Guidelines B, below.) If the production dramaturg does not continue to work on productions involving the original theater either as producer or as recipient of royalties, and/or if the original producer receives only program credit, those productions - commercial or not-for-profit - will list the production dramaturg on the title page under "Original Dramaturg." For productions in which the producer is not involved and receives no credit, the production dramaturg should be permitted to seek credit through a separate agreement with the new theater, the playwright or director.
Regarding published texts, if the theater or artistic staff is credited, the production dramaturg should be credited.
GUIDELINES for B: For freelance production dramaturg working on a revival or new play, per/project (a pre-production workshop of at least two weeks duration or a production), hired by not-for-profit or commercial producer:
Job Description.
Consult with playwright or translator or adapter, if any is present; offer questions, research, textual analysis and response, suggestions to director and/or playwright. Meet with playwright and/or director and/or artistic director and/or designers before rehearsals begin and continue until project is complete; attend 50% of rehearsals and offer notes to anyone the theater determines is appropriate, including the artistic director, director, and playwright; design of workshop process; record/document process. Dramaturg retains ownership of a document/record of the process as well as their finished protocol, excluding direct citations from text beyond fair usage. The production dramaturg agrees to license usage of any materials he/she has generated, including newsletters: i.e. the production dramaturg will not withhold permission, but the theater must offer additional compensation agreed on in the original contract. If the production dramaturg deems the usage to distort the dramaturg's work, then the license can be withheld. Education materials are also owned by the dramaturg, who can donate or license those materials.
2. Compensation.
Either a project fee for both productions or workshops of $2000 (for Lort D) or an hourly rate of $75/hour. Currently, the standard fee for a director at a Lort D theater is $4100. The general measure is no less than 50% of the director's fee. Moreover, if the production dramaturg attends more than 50% of rehearsals, the fee should be adjusted to become closer to that of the director.
3. Credit.
The production dramaturg should be credited in playbills, as well as any posters and other press material that lists director and designers. The production dramaturg should be listed on a line with designers. The institution should assure the production dramaturg be credited in any published text if the employer is credited, through the institution's agreement with the playwright. If the provision cannot be achieved, the institution should offer the production dramaturg additional compensation to be negotiated.
4. Credit: subsequent productions and productions licensed by the theater.
If the production dramaturg on a workshop does not continue to work on the full production, or if the production dramaturg is not engaged for subsequent productions (as defined above) or productions licensed by the theater, then the credit for first commercial and all ensuing non-for-profit productions should be "Original Dramaturg." In future playbills for productions that may not involve the original dramaturg, but in which the original theater receives credit, the production dramaturg should also receive credit under "Original Dramaturg" after the current dramaturg and design team, but in equal print size.
If the theater does not participate in other productions and receives no credit, then the production dramaturg should be free to enter into a separate agreement with the playwright for credit in published text, as well as in programs for any future productions.
5. Future Participation: subsequent productions.
If the duties of the dramaturg for a production (but not a workshop) meet the same standard of "exceptional services" as described under "A 4 to 7," the production dramaturg should participate in subsequent productions. The production dramaturg will be guaranteed a right of first refusal for employment on subsequent productions.
6. Compensation: commercial productions.
If a production dramaturg is employed in a commercial setting, either for the original production or a subsequent production, the dramaturg should participate in the royalty pool or its equivalent for the first and following productions created by the original producers, with or without producing partners, and receive equivalent of 1% of royalties, or no less than payment to designers, whichever is larger. The production dramaturg should receive 2% of producer's royalties for subsidiary rights. Further details for this agreement should include research expenses, travel and accommodations, and guaranteed tickets. The dramaturg's fee in the commercial setting can be either 50% of the director's fee or $75/hour, to be paid monthly.
7. Compensation: subsequent productions at not-for-profit theaters.
If a production dramaturg continues with a production at another not-for-profit theater, he/she should receive compensation as listed above (B-2). If the production dramaturg is denied employment on subsequent productions, the production dramaturg should receive 1/2 of compensation described for commercial venue to be paid by producer. (This is standard practice among directors).
GUIDELINES for C: For freelance dramaturg working per/project (a pre-production workshop of at least two weeks duration or a production), hired by playwright at either a not-for-profit or commercial production.
Job Description.
Duties include but are not limited to: Consult with playwright, offer questions, research, textual analysis and response, suggestions. Meet with playwright beginning two months before rehearsals begin and continue through one meeting after project is concluded. Attend 50% of rehearsals if requested. The production dramaturg should agree that all rights of ownership regarding the text will be retained by the dramatist. However, the production dramaturg should retain ownership of any documentation of the process and not only will be permitted to publish that record, but also will receive permission from the playwright to cite up to 10% of the finished text.
2. Credit.
The production dramaturg should be credited in playbills and published text.
In the former, the production dramaturg should be credited on the title page. In future playbills that may not involve the production dramaturg, the playwright, as part of his/her credit, should assure that the first or other dramaturgs be listed under "Original Dramaturgy" after the current production dramaturg or design team, but in equal print size. In published text, the production dramaturg should be credited for the first production; or, if the production dramaturg did not work on the first production, in a separate line within playwright's acknowledgments.
3. Compensation.
For a production or pre-production workshop, either a project fee of $1000 (insofar as the standard payment to authors is an advance against royalties of $2500; dramaturg's fee will be prorated to be consistent within other fees and the budget) or an hourly fee of $75.00/per hour; a third option is a negotiated fee (less than expected hourly rate) paid on signing the agreement and the remainder is paid through a continuing percentage of the author's royalties up to an agreed upon cap of $2500.
Future participation: subsequent productions.
The playwright should make every effort to ensure the production dramaturg is employed on the first significant commercial production and subsequent productions.
If the playwright is unable or unwilling to obtain such employment, the playwright agrees that he/she should pay the production dramaturg the equivalent of 2% of author's royalties. The playwright should, in good faith, make every effort to have this obligation filled by the eventual producer, as dramaturgs on principle do not wish to be paid by writers. In this circumstance, no other recourse is available.
GUIDELINES for D: For freelance production dramaturg working per/project (a pre-production workshop of at least two weeks duration or a production), hired by director for a revival or new play at either a not-for-profit or commercial production.
Job Description.
Duties include but are not limited to: consult with director; offer questions, research, textual analysis and response, suggestions for solutions. Meet with director before rehearsals (two months) begin and continue through one meeting after project. Attend nearly 50% of rehearsals and offer response and, on request, solutions. On request, dramaturgs should meet with playwright, designers, and actors, as well as theater staff.
2. Credit.
Credit is tied to that of the director. The production dramaturg should be credited in playbills, press releases and any other printed material - excluding "ABC" listings, but including published text - if the director is. The production dramaturg should be credited on the title page of a playbill as established in A above and if the producing organization refuses, the director should be responsible for additional compensation. The credit guarantees should be included in the director's agreement with the theater.
In future playbills for productions that may not involve the production dramaturg, the director will - if he/she is credited - assure that the first or other dramaturgs be listed under "original dramaturgy" after the current production dramaturg and design team, but in equal print size.
3. Compensation.
No less than 50% of the director's fee for a production or workshop; based on current salaries, either a project fee for workshops of $2000 (for Lort D or above or at theater with budget of $1 million or above) or an hourly rate of $75/hour for productions or workshops.
4. Future participation: subsequent productions.
If the project continues, the director guarantees to make a best effort that the dramaturg be employed. If the director is unable to accomplish that employment, the director is responsible: the production dramaturg should receive 2% of the director's royalties. If the production dramaturg continues, see terms under B.
The director should, in good faith, make every effort to have this obligation filled by the eventual producer, as dramaturgs on principle do not wish to be paid by directors. In this circumstance, no other recourse is available.
GUIDELINES for E: Dramaturg at colleges/universities.
Job description / tenure.
If a university dramaturg wishes tenure to be based, in part, on scholarship, standards are outlined within the university. However, production dramaturgy as well as publication in non-refereed journals, newsletters, educational materials etc. are to be considered professional, creative effort equivalent to directing or designing or acting. If the university accepts creative effort as an alternative to publication, the creative efforts of a dramaturg need also to be credited. Criteria can only be "the doing" and responses from collaborators, expressed in references, will be considered evidence of the activity, as the dramaturgical effort concentrates on process.
Credit.
In university playbills, the faculty dramaturg or student dramaturg should be routinely listed in credits on title page. If the dramaturg's participation at least equals the description of the production dramaturg above, that credit should follow the director and playwright, though it can be on the same line with designers.
GUIDELINES for F: Dramaturg/literary manager on staff or freelance at new play development center where no full productions are presented.
1. Compensation.
The uniform environment of workshop/developmental centers is that all work accrues to the playwright and no artist receives any compensation or employment guarantee beyond what is offered for the workshop itself. Dramaturgs should work under the same conditions. These conditions should not be said to exist at any theater that also does full production. See A,B,C, D for discussion of workshops at producing theaters. Production dramaturgs' compensation should be equivalent to that of directors.
2. Credit.
Production dramaturgs should receive credit on any program, to be listed directly after credit for director and playwright, and on a line with designers if any are present. For more details see credit under A.
3. Credit: subsequent productions.
If the workshop theater does receive credit in future playbills and publications of the script, then the literary manager and/or dramaturg should also.