Kad said: "Deitch has largely been pretty vague, so it's hard to knowexactlywhat she's talking about. What little she has offered simply does not align with the reality of AEA contracts, so it may very well she is referring to something else or conflating different things. It's possible that the producers exploited a ROFR loophole in that the Broadway transfer wasn't at all the first subsequent production and that's what she means. Perhaps that cast signed a separate contract regarding rights to the show itself, which would be out of AEA jurisdiction, and that's where the perpetuity thing comes in, but it's hard to say. I agree her actions on social media right now are a self-serving muddle."
Coming late to this conversation, I saw the basement production, and Deitch's performance was wonderful. The surprise of the character she created absolutely killing "All By Myself" was one of the unexpected joys of the show. The Broadway star casting now carries an expectation that the role will deliver a show-stopper,
That said, I found some of her arguments—and at times the podcast host's somewhat snarky agreement with them—confusing. If I'm understanding the situation correctly, Deitch made significant creative contributions to the show and was informed at each stage what the next step would require. She knew she would need to relocate from California to New York and secure housing as the production evolved. As each phase led to another, requiring more time and investment in New York before ultimately reaching the basement production, her frustration appears to have grown.
My impression is that she expected the show to compensate her for that investment and contribution beyond the terms of her contract. If I'm mistaken, someone can correct me, but it seems that this expectation contributed to her decision not to continue to the production at the Daryl Roth. When discussion turned to an original cast recording, she expected to be included, but the producers intended to use the Union Square cast instead.
Now that the show has transferred to Broadway, she appears to be seeking the contractual payout associated with not moving forward with a production. I don't recall the exact number of weeks involved, but my understanding is that the producers have disputed that obligation, which is why the matter is headed toward arbitration.
What remains unclear to me is whose claim would prevail if such a payout exists: would it belong to the basement cast or the Daryl Roth cast? Either way, Deitch ultimately chose not to continue with the show, whether for personal, financial, or professional reasons.
Beyond that, much of the current discussion feels like noise until the arbitration process produces an actual decision. At this point, we only have one side of the story, and without knowing the producers' position or the specific contractual language at issue, it seems premature to draw firm conclusions.
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