wo years ago, Los Angeles– based theatre producer Racquel Lehrman moved an independent solo show, Almost Made, to Urban Stages in New York. Assuming that Actors' Equity Association would provide a low-cost, noncontractual plan similar to the one she was accustomed to in L.A.—known as the 99-Seat Theatre Plan—she applied for the New York equivalent: Equity's Basic Showcase Code. But Lehrman, who said she produces more than 30 shows a year in L.A., said the New York rules were so different that she eventually decided to produce the show non-Equity.
"In New York, everything is severely tiered and you have to be very specific," said Lehrman. "In L.A., the 99-Seat Theatre Plan is more like a broad, sweeping stroke with a lot of freedom."
The restrictions and purpose of the Basic Showcase Code—which has become the default Equity agreement for independent theatre in New York City, according to Equity spokeswoman Maria Somma—have been the subject of some debate among Off-Off-Broadway producers and Equity actors the past few years. But on Sept. 1, a new and largely unchanged code will go into effect, and Equity maintains that the code serves the needs of its constituency.
According to Rick Berg, an Equity senior business representative, the Showcase Code was established by Equity in 1966 as an "extended audition," an opportunity for actors to showcase their talents in front of casting directors and agents. In 2007 there were 1,045 Equity showcase productions in New York City, said Somma.
The Showcase Code limits the number of occupied seats to 99. It also caps a production's budget at $20,000, the rehearsal period at four consecutive weeks, and performances at 16. Actors receive no salary or benefits, though their expenses are reimbursed. The Seasonal Showcase Code is reserved for those who produce on a regular basis and caps performances at 20 or 24, depending on the show's budget. The new code includes rephrasing and "clarifications," said Somma, such as specifying the responsibilities of stage managers.
In 2007 the Alliance of Resident Theatres/New York released the "ART/NY White Paper on AEA Showcase Reform," which proposed easing some of the code's restrictions, such as the ban on remounting a showcase production in the same year. The paper also suggested using L.A.'s 99-Seat Theatre Plan as a blueprint. That plan offers, for example, an "Extended Rehearsal and Performance" option, which allows up to eight consecutive weeks of rehearsal and 80 performances.
The Coalition for Code Reform—a group comprising the League of Independent Theater, the Community Dish, and the New York Innovative Theatre Foundation—has drafted a petition to rally support in favor of the white paper's proposals. Talks between Equity and ART/NY have "touched upon the white paper," said Somma. "However, both parties agreed at that time not to make public any portion of the discussion."
Moira Stone, an actor and a board member of the League of Independent Theater, thinks Equity actors suffer under the code's restrictions. "Sometimes it comes down to the choice of lying to my union or not having adequate rehearsal time," said Stone, who added that she was speaking for herself and not on behalf of the league. "The Showcase Code makes it difficult to develop a hit show and then keep it going." She said using Off-Off-Broadway to showcase oneself to the industry is a dated concept: "Independent theatre is where I go to fill up my artistic tank. It's almost shallow to think of being on an Off-Off-Broadway stage just to get an agent."
ART/NY found that for most actors working Off-Off-Broadway, the "quality collaborative experience" was more important than making industry connections, according to the white paper. But Somma said the code's restrictions encourage theatres to instead use a low-level Equity contract, such as the Mini or Transition Contract, which provide actors with salaries and benefits. "The rules that govern the code were created by and for actors, and in part they were created so that it doesn't deteriorate any of the theatres that are on contract," Somma said. "When your producer wants to have a higher budget and have a higher run, then the step is to go to a contract on his or her budget. Otherwise, what we'd be talking about is allowing showcase producers to have much longer runs without compensating actors."
Tim Cusack, an actor, a co–artistic director of Theatre Askew, and a member of Equity's Off-Off-Broadway committee, said low-level contracts are generally too expensive for independent theatres. A Letter of Agreement for a Theatre Askew production last year would have cost him a bond of almost $10,000 to cover benefits, workers' compensation, salaries, and other costs for his three Equity actors. He opted instead for the Showcase Code.
"I understand why they want people to post the bond," Cusack said, "but it puts it out of reach for most people, including actors who want credit toward their health insurance and pensions. Equity says contracts are options for independent theatres, but in reality most of us don't have the economic flexibility." Somma and Berg said the cost of the bond is governed by the cost of benefits and by outside forces.
Code restrictions are not as crucial in Los Angeles, said Somma, where in 2007 there were about 1,000 shows produced under the 99-Seat Theatre Plan and 21 under Equity contracts. "You're talking about two completely different environments," she said. "There simply isn't the same density of theatre in Los Angeles." Lehrman said actors in her L.A. productions are often seeking careers in film and television: "The plan says: This fulfills you artistically, we understand that this is not a lot of money to put on your plate, and you can leave anytime to go and do a commercial."
Equity's Off-Off-Broadway committee considers changing the code on a regular basis, said Berg, and the union encourages its constituents to become involved in Equity affairs. Meanwhile, exceptions to the Showcase Code have been granted in the past. The New York International Fringe Festival, for example, has a side letter agreement with Equity that allows noncontractual productions in theatres with more than 99 seats. Somma said the festival "had done some homework and presented a very cogent case."
Lehrman noted that another option is to produce non-Equity, which is often the preference of independent producers. "If I have two actors and they're both equally fantastic, I might take the non-Equity one over the Equity," she said. "Not only will there be less paperwork, but the non-Equity actor might be more willing to supply their own shoes."