Performers in "Broadway's Lost Treasures" DVD Series Threatening to Sue- Page 4

[allofmylife]

Posted: 3/4/07 at 2:26am

EXACTLY Captnhook. I want to have a copy for all times of the great performances AND some pf the bad ones. I'D pay 200.00 for a few stinkers as well. Two hundred dollars is worth it to me to have Kery Butler available whenever I want saying "I'm a pretty girl, momma" or to listen to the incredible horror and anger in the voice of Len Cariou when he sings "Epiphany" in Sweeney Todd.

I'd LOVE to have a complete copy of the Lincoln Center videos and I'd pay whatever price they charged.

[SeanMartin]

Posted: 3/4/07 at 7:26am

>> The line is drawn in the contracts.

Simple as that.

Exactly.

Frankly, if these fifty perfomers are that outraged over not being paid for their work, and if people here honestly believe that they're somehow entitled because they performed, my point is that we shouldnt stop there. No musicians? No music. No stage hands? No sets. No costumer's associates? No costumes. *Everyone* contributed to those few minutes of performance, and if we're going to suddenly say the E word, we should apply it to *everyone*, not just the people who got their faces on the screen. Of course, that takes the percentages across the board down by a few points, but that's the price you pay for artistic integrity and brotherhood.

But we should also remember the hard core reality that Cohen worked all this out with the unions and got the legal permissions he needed. Had he not, PBS wouldnt touch these things, let alone distribute them. That's cold, but true.

[allofmylife]

Posted: 3/4/07 at 10:09am

If the unions said yes, that's it. Case closed.

This is apparently just an end run around the unions which have no financial gain to be made from trying to renegotiate rights from 50 years ago.

They'll probably get thrown out of court.

[bk]

Posted: 3/4/07 at 11:13am

Didn't the Playbill article say that they were "thinking" about filing a class action lawsuit? They haven't filed it yet, and putting out the story is trying to enlist some sort of support in the media - as well as trying to scare Cohen, who probably told them to take a hike when they came to him. My guess is they asked Cohen for some sort of payment and Cohen, having done his homework, said get outta town. My supposition, but Cohen, I'm quite sure, has lawyers, and I think we know PBS has lawyers and I'm sure the DVD company that released the shows have lawyers. And now the rarefied fifty have lawyers - and yes, they're all chorus kids, because if they had ONE celebrity to tout you can bet your butt cheeks they'd use that for all they're worth.

[allofmylife]

Posted: 3/5/07 at 12:19am

This sounds alot like the sort of shake downs that construction companies often face in Manhattan.

Hmmmmm......

[friedrichVT]

Posted: 3/5/07 at 1:15pm

It's called Show business, not show favor. If someone's performance is being used,no matter how large or small, for some one else's gain,the person is entitled to compensation. Unless release forms were signed,the performers are entitled.

[WestVillage]

Posted: 3/5/07 at 2:29pm

But where does it end? I have a very close friend who was in the original Broadway cast of Merrily We Roll Along. With all the numerous Sondheim books and books on musicals in general, he has seen his picture published in many of these books. He was never asked permission to use his likeness, was never paid for the use of his likeness, and honestly, is thrilled every time someone says "I saw your picture in such and such book." He would never even think of asking for compensation for the use of his likeness or photo. I have no idea if the photographer is being compensated, but of course, the authors of all these books are making a profit, while none of the actors whose pictures appear in the books are getting compensation. Is it going to get to the point where actors are going to sue because their picture was used in a book without their permission?

And why is this just then about the performers? What about the songwriters, the choreographers, the directors, the costume designers, the set designers, etc.? These DVDs are showing their work just as much as they are showing the performer's work.

Why is this any different than the Ed Sullivan DVDs, or the Best of The Tonite Show DVDs, etc.? I'm sure that none of the acts that appear on those DVDs were compensated, but you don't hear about any of them asking to get paid.

I could understand if DVDs were coming out of complete shows and the actors weren't getting compensated. But this was an awards show and the actors only performed snippets of their shows, some of them only on screen for a matter of 2 or 3 minutes (if that), and some of them who didn't even make it on screen.

[SueleenGay]

Posted: 3/5/07 at 2:40pm

As was pointed out earlier there are a lot of clearance issues involved anytime anything like this is released.
As for the photos of your friend from Merrily, I am positive that there was some small print in his contract that released the photos for use. That is standard.
I am also sure that the Sullivan DVDs either got waivers or compensated the acts or the original contracts held up under legal scrutiny.

[WestVillage]

Posted: 3/5/07 at 2:52pm

Do you think they got waivers or compensated all the performers on the Ed Sullivan Broadway DVD that basically shows the same type of numbers that are shown on Broadway's Lost Treasures?

[SueleenGay]

Posted: 3/5/07 at 2:57pm

They may be the same "type" of performances but I can guarantee you that the contracts were very different at the time of the airing.

[Wanda Richert]

Posted: 3/28/07 at 3:35pm

I always find it sooo very interesting to listen to the opinions of people when they judge a situation they have NO idea about. Harsh statements without any knowledge of the cold, hard, facts is never a good idea. I would like to SET THE RECORD STRAIGHT...for myself, and I would venture to say, every one of us who have retained Mr. Smiley to represent us. This situation is NOT focused on our residual payments from PBS alone...these DVDs are being sold THROUGHOUT THE WORLD. Just out of curiosity one night, I went to myself on Google to do a little research on this. I was up all night taking notes...I gave up after finding 66 websites, and hundreds of retail stores, libraries and colleges our work had been sold to...I started that search in Miami...and it ended up in Hong Kong...with websites in the UK, Canada, France and India! PBS is also making money on them during their drives...they have sold so many copies, that they now have a backlog they are having a hard time keeping up with. None of us ever had any knowledge of this...let alone give our consent. We simply were never contacted.

As to the comment of "being grateful to be seen and share our talents"?...well, I will speak for myself now. I am THRILLED that the art I created is preserved in The Lincoln Center Library. That is the ONLY place you could go to see these masterpieces in my day. Having my work shared on PBS is a wonderful honor to me, and I have done my share of donating my time to pitch for them during their drives...that was an honor as well...but to have Mr. Cohen assume it was acceptable to sell our work to "help put his mother, Hildy Parks, on sound financial footing" (NY Post , Michael Reidel) without paying the performers their percentage?...No...I don't think so. AND if it did put her on that financial footing...it would seem there was some major monies involved...wouldn't you think?
Every one of the "BLT group" that I have spoken to says unanimously..."None of us are in this to get rich...we just want what is justly owed to us, and we want to ensure this never happens to anyone in any of our Unions in the future".

I hope this gives you all a clearer picture of what is really going on. Bless~

[Dark_Angel]

Posted: 3/28/07 at 3:50pm

I think the selfishness and "I am entitled" mentality of most of the people on this board blinds them Ms. Richert.

It's nice to "want" but not at the expense of others.

I hope you and the other performers featured on these DVDs are justly compensated.

[robbiej]

Posted: 3/28/07 at 4:03pm

Ya know. This f*cking kills me.

Those of you bitching and moaning about the performers being greedy or there not being enough money to sue are ridiculous. And I'd venture to say none of you have ever been in a position where your work was taken advantage of. As someone who has been there, I say you simply have no idea what you're talking about.

None.

Zero.

Zilch.

Ms. Richert, I wish you well in your fight. It's a fight for all of us.

[Kringas]

Posted: 3/28/07 at 4:14pm

It will be interesting to see if any of the folks in the "those actors are greedy and selfish" camp will come back to this thread now that one of the actors in quesiton has stated her side of it.

[robbiej]

Posted: 3/28/07 at 4:18pm

Well...I doubt it would ever occur to them that THEY are being the greedy, selfish ones...expecting to enjoy these performances while the actors in them weren't compensated properly.

Shame. Shame. Shame.

[Dark_Angel]

Posted: 3/28/07 at 4:26pm

I went through this thread from page one and the selfishness of some on this board really p*sses me off.

But until they find themeselves in a situation where they are being taken advantage of or ripped off they will never understand.

[robbiej]

Posted: 3/28/07 at 4:27pm

Speak it.

[Kringas]

Posted: 3/28/07 at 4:55pm

This should stay near the top, so that the dissenting side may be heard.

Anyone?

[robbiej]

Posted: 3/28/07 at 5:29pm

I agree, Kringas.

[SueleenGay]

Posted: 3/28/07 at 5:33pm

And you just know that all the people bitching about the actors sucking it up have BOOTLEGS of these shows.

[Kringas]

Posted: 3/28/07 at 5:37pm

Call them archival tapes. That's the new thing around here.

[SeanMartin]

Posted: 3/28/07 at 5:38pm

Ms. Richert, I dont wish to seem cold or uncaring, but as has been pointed out, Cohen worked these things out in advance with your unions. It would seem to me that if you have an issue with the way this was handled, perhaps you should discuss it with the people who gave away your right to consent in the first place. Coming here and playing the "brotherhood" card isnt going to change history.

You are not the first to find yourselves caught in an unfortunate position like this, nor shall you be the last, I'm sure. But I would hope that, as a result of this, others might take better care to make sure their unions are doing what they're supposed to be doing: protecting your rights, not signing them away.

And I wonder if your research ever revealed how much PBS raked in as a result of selling these. Having something available "all over the world" doesnt automatically mean a windfall. It might suggest it, but, as we all know in the theatre, suggestion is just a gesture.

[PalJoey]

Posted: 3/28/07 at 8:46pm

Ms. Richert--can you explain to us what role your union played in allowing Mr. Cohen to market these DVDs? He claims that he made appropriate arrangements with them. Is this true or a lie?

I enjoyed you so much in 42nd Street. I also enjoyed reading your MySpace profile, linked here on your BWW profile. I'm very happy to hear that you are now a "Human Potential Trainer," practicing "Hypnocise by Wanda." Perhaps you could tell us a little more about that--and about how Jesus has become your "agent, manager and number one friend."

yr pal,
Joey

Updated On: 3/28/07 at 08:46 PM

Posted: 3/28/07 at 10:39pm

I would VERY VERY VERY rarely side against the performers but in this case it does make me angry. I see the Tony clips as advertisements or "treailers' for their shows in many ways and I think keeping them out there in the public eye only increases peoples interest and respect for the shows, and performers. I think it's actually pretty important, not to sound too grandiose about it.

Mrs Richart I think everything you say has merit and I understand why you're angry, honestly. I do think though, to focus on the world--it's important for people around the world to be able to see these--you can't believe how thrilled I was as a 10 year old with no chance of ever being able to go to Broadway or Lincoln Center's archives to see these old performances from thegenerosity of friends who would make copies of tapes they had. I don't think that measn this should be a free service by anymeans but I don't think it's one that would exist if it were very expensive-there's sadly just not enough demand.

[Wanda Richert]

Posted: 3/28/07 at 10:42pm

Wanda Richert here again...responding to "West Village" in particular. For your information, we do have "stars" on board for this...who they are, however, is privileged information. May I also remind you that I was Nominated for the Tony that evening the show was taped. My name did not even appear in the correspondence from Chris Cohen to the attorney.
...and I am laughing heartily at your comment about me being out of work for so long and short on cash!...think you didn't do your homework on that one, dear...lol!...Oy! thank God for my sense of humor. I actually chose to leave New York City because of this type of negativity, and you will be able to read all about that in the book I'm writing. I also thought being a single mom was the best role to star in...my daughter is twenty now...I'll be back.

As for the only other negative message I've received from my earlier post...(re:SeanMartin "It would seem to me that if you have an issue with the way this was handled, perhaps you should discuss it with the people who gave away your right to consent in the first place. Coming here and playing the "brotherhood" card isn't going to change history.")

This has been discussed with ALL parties involved...why would you assume otherwise? And I'm not "playing" at anything here...shame on you for speaking to me like that...you don't even know me. All I know is that I signed away any and all of my creative artistic input and choreography GLADLY just to be part of the incredible experience of the making of "42nd Street"...and Broadway History, may I add...once was enough, though...and mind you...it was my choice to sign any waivers I did at that time. In this instance...there were no waivers...just underhanded deals. No, it most certainly won't change history...but maybe we can make sure that history doesn't repeat itself...for all of you as well! This is a good thing...Be Happy! As this unfolds, I am quite sure you, and those who share your opinion, will most probably have a change of heart.

*For all the responses I received of support today from my earlier post...I send a big THANK YOU!