TITANÍQUE Reviews
DaveyG
Broadway Star Joined: 8/11/05
#75TITANÍQUE Reviews
Posted: 5/9/26 at 1:35pm
From Alex Ellis' Instagram:
"We all helped write that show. Six years of laying brick.
Reading after reading. Made it happen out-of-pocket. MANY HANDS ON DECK.
Many people added to that book. Many people helped not make it offensive.
You were shunned if asked for a writers credit. It would be NADA without the basement. Congrats to my inner circle OG's. We know."
#76TITANÍQUE Reviews
Posted: 5/9/26 at 1:50pm
First refusals are typically part of the Equity contract- somebody's agent can't negotiate that away (and if they even wanted to, you should fire them).
#77TITANÍQUE Reviews
Posted: 5/9/26 at 2:06pm
Kad said: "First refusals are typically part of the Equity contract- somebody's agent can't negotiate that away (and if they even wanted to, you should fire them)."
“The Off Broadway contract has no first right of refusal built in”
“I had the worst agents at the time who let an in perpetuity clause get through”
Two comments directly from Kathy Deitch on her post from April 14th.
#78TITANÍQUE Reviews
Posted: 5/9/26 at 2:16pm
That's not entirely correct- the Off-Broadway contract (17, conversion rights) does have conditional right of first refusal:
"Should the Producer, or should any management, group or enterprise, which the Producer controls or directs produce a play under this Agreement and subsequently produce the play under the Production Contract or Special Production Contract as its first subsequent production, the Producer agrees to offer any member of the Company employed on Equity contract who was originally engaged on the Off-Broadway Contract and who actually performed a role or function in the Off-Broadway production an opportunity to continue in the first subsequent production only. [...]The Producer agrees to reimburse any member of the Company employed on Equity contract not offered their same role or function three weeks' applicable Production or Special Production minimum for their category or three weeks' contractual salary, whichever is greater."
Considering how often shows transfer from off-Broadway to Broadway, it would be wild for the contract not to have something like that.
#79TITANÍQUE Reviews
Posted: 5/9/26 at 2:25pm
The producers are probably trying to use the line "as its first subsequent production" as leverage, since the show has played the Daryl Roth, London, Australia, Canada, and France after the original UCB Basement production.
GottaGetAGimmick420
Broadway Star Joined: 12/9/23
#80TITANÍQUE Reviews
Posted: 5/9/26 at 2:27pm
DaveyG said: "Alex Ellis, the original Rose, claimed in an Instagram story that she and others from earlier productions helped write the book that is now Tony-nominated."
THIS is the claim I believe will hold the most water
#81TITANÍQUE Reviews
Posted: 5/9/26 at 2:32pm
ErmengardeStopSniveling said: "The producers are probably trying to use the line "as its first subsequent production"as leverage, since the show has played the Daryl Roth, London, Australia, Canada, and Franceafter the original UCB Basement production."
Yes, I would agree. There also does not seem to be ROFR language for an off-Broadway to off-Broadway transfer, which would've covered Deitch for the transfer to the Roth. Perhaps that is what she's talking about.
#82TITANÍQUE Reviews
Posted: 5/9/26 at 4:16pm
For those of us who aren't well educated on Equity contracts, what does an "in perpetuity" clause entail (and how does it differ from a ROFR clause)?
#83TITANÍQUE Reviews
Posted: 5/9/26 at 4:53pm
A perpetuity clause means that the affected contractual terms are in effect forever. I worked with AEA contracts for a number of years in a previous job and I honestly don’t know what specifically she would be referring to here. It wouldn’t have come from an Equity contract, but from either a rider to the contract or a separate contract entirely. But generally Equity doesn’t allow for riders that eliminate or undermine their contractual terms so I’m confused by that.
#84TITANÍQUE Reviews
Posted: 5/9/26 at 8:56pm
I could but wrong but I suspect there might been a contract signed when they were in a basement of the gristedes which I’m sure was not an Off Broadway contract & those term established certain terms in perpetuity. I doubt anyone thought the show would run for like 3 1/3 years off Broadway, to to London, and then move to Broadway. I’m honestly not sure when Eva Price got involved—I thought it was after this fact.
#85TITANÍQUE Reviews
Posted: 5/9/26 at 9:36pm
The basement production was most likely on that off Bway contract- it was a consolidation of a number of smaller contracts about a decade ago to streamline contracting smaller productions in NYC.
But regardless, it is generally the case that the Equity contract would supersede any other prior agreement that was made. Otherwise, members could be potentially coerced into signing things away by producers prior to signing their union contracts.
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