U.S. Senators Charles Schumer of New York and Orrin Hatch of Utah have introduced new legislation that would grant collective-bargaining capabilities to playwrights.
While other artists connected to theatre, including actors, directors, and choreographers—as well as screenwriters for film and television—have organizations allowed to negotiate contracts for their members, that right isn't extended to dramatists.
"Playwrights and their voluntary peer membership organization, the Dramatists Guild, operate under the shadow of the antitrust laws, and substantially without the ability to coordinate their actions in protecting their interests," Hatch recently said from the senate floor when introducing the Playwrights' Licensing Relief Act of 2002 on behalf of himself and Schumer. "This has impeded playwrights' ability to act collectively in dealing with highly organized and unionized groups—such as actors, directors, and choreographers—on the one hand, and the increasingly consolidated producers and investors on the other."
Schumer said at a press conference last week that several lower court decisions issued more than 50 years ago have brought into question the ability of America's playwrights to bargain collectively with producers because playwrights—unlike other theatrical groups—are not covered by the National Labor Relations Act. As a result, playwrights frequently find themselves being offered "take it or leave it" contracts that force them to accept terrible terms just to have their plays produced. Forced to negotiate individual deals without the benefit of a standard contract as a starting point, playwrights are being forced to accept a steadily smaller percentage of revenues, pushing many out of theatre altogether. Increasingly, authors who would write for theatre move to television or the movies, where writers enjoy legal protection and economic equality.
The legislation states specifically "The antitrust laws shall not apply" to playwrights' efforts to develop "a standard form contract containing minimum terms of artistic protection and levels of compensation." It adds that playwrights may bargain as a group themselves, or through representatives, with producers.
It also states that the resulting contract negotiated by a playwrights' organization can be amended "by individual playwrights and producers consistent with the terms of the standard form contract." That would indicate that, like talented stars or screenwriters, a playwright can bargain at a figure exceedingly higher than the minimum agreed to in the artists' group's negotiations.
"I am proud that this legislation enables playwrights to act collectively without violating the antitrust laws," Hatch said. "It lets them develop standard form contracts as well as provisions ensuring that certain artists' rights are respected in the production of their plays. These steps will help support playwrights—especially young playwrights—as they enter this increasingly sophisticated and consolidated market. By helping playwrights in this way, we encourage the continued vibrance of our American theatre and culture."
Noted Schumer, "In a marketplace increasingly dominated by large corporations, individual playwrights need to be able to stand together to collectively negotiate contracts. There's no business like show business, but without this protection, the playwrights will be out of business."
Both Hatch, a Republican, and Schumer, a Democrat, are members of the powerful Senate Judiciary Committee, the panel to which the bill was assigned last week. Joining Schumer and Hatch at last week's press conference were John Weidman, president of the Dramatists Guild, composer Stephen Sondheim, and playwrights Alfred Uhry and Marsha Norman.