March 9th, 2016 § § permalink

Avenue Q at Warsaw Federal Incline Theater (Photo by Jennifer Perrino)
“In America, where we have diverse populations, even if you’re in a community theatre, I think it’s better to not do the show rather than do it in yellowface or blackface.”
“The show” in question is Avenue Q, the 2004 Tony Award winning send-up of Sesame Street. The speaker is Robert Lopez, the co-conceiver, co-composer and co-lyricist (with Jeff Marx) of the musical; Lopez is also an award recipient for his work on Broadway’s The Book of Mormon and Disney’s film Frozen. Lopez was responding to questions provoked by a recent article in the Cincinnati Enquirer by David Lyman, a freelance writer covering arts and culture for the paper, entitled “Yellowface: The New Blackface?” Lyman’s article was instigated by the casting of the role of Japanese immigrant Christmas Eve in the Warsaw Federal Incline Theater production of Avenue Q, which closed this past weekend.
In the piece, Lyman wrote, “It probably shouldn’t have surprised me when I saw the Warsaw Federal Incline Theater’s production of Avenue Q and found the character of Christmas Eve – “I am Japanese,” she declares at one point – played by an actress who looked white. (More on this later.) Showbiz Players did the same thing when it produced the show in 2012.” Lyman went on to write, “While casting an ethnically appropriate Asian actor may be more difficult in Greater Cincinnati than in Seattle, it is not impossible.”
Lyman was prompted to examine Avenue Q due to a Facebook colloquy begun by Cincinnati actress Elizabeth Molloy on February 7, ten days before the production began its run. It began:
How is it 2016, and I still have to explain to people that yellowface is wrong?
I mean, everyone knows that blackface is a no-no, right? (RIGHT?!). So why is it so difficult to extend that same logic to other races? Do I really have to point out that yellowface is just as terrible, just as insulting, just as disrespectful, and just as mean as blackface?
In an interview, Lyman said he did not know Molloy well, but saw her remarks because mutual friends shared them on Facebook. Lyman said that as a freelancer, he does not review every show in the area. “This [Avenue Q] was one I probably was not going to see,” he notes, but as a result of Molloy’s post, “I thought, ‘Well OK, I need to change my plans and I did.” Lyman notes that he paid for his seat.
In his article, Lyman wrote:
So is it essential that an actor look Asian? Or is it enough that a person’s heritage somehow reflect an Asian heritage? [The actress] doesn’t look particularly Asian. But according to Rodger Pille, director of communications and development for Cincinnati Landmark Productions, the Incline’s parent organization, [the actress] said that her great-great-great-grandmother was Ma’ohi, from the island of Tahiti.
“Once we knew that she did have some of that descent, we felt we could move forward with the casting,” says Pille. “That was enough for us. We didn’t want to be the arbiter of what percentage Asian she was.”
He has a point. Theaters shouldn’t have to check genetic code before they allow a person to audition for a particular role. But they should be sensitive and use common sense.
Please note that the name of the actor has been omitted above, and will not figure in this article. The responsibility for the casting lies with the theatre and production’s director. The goal here is to explore the ramifications of the casting in Cincinnati, not to in any way shame a performer who had a chance for paid work in what is surely a limited range of opportunities in the city. Warsaw Federal Incline Theater is a professional non-Equity company, described by several people as the top non-Equity theatre in the area, with sufficient influence that several individuals contacted for this article declined to be interviewed out of concern for alienating the leadership of the company.
As Lyman’s article spread nationally, it reached Erin Quill, a staunch advocate for authenticity in racial casting and, as it happens, the original understudy for the role of Christmas Eve in the Broadway company of Avenue Q. She has written her own commentary about the situation on her blog, “The Fairy Princess Diaries,” but also responded to questions resulting from Lyman’s article via e-mail. She wrote:
CE [Christmas Eve] is an immigrant from Japan. First generation. There is an obligation to showcase the character in such a way that honors the writers’ intentions. CE is Japanese. It is in the script.
I think it is fair to say that in this particular case, with a reviewer being so distracted by concerns of ‘whitewashing’ while he viewed the show in Cincinnati that he felt he had to write extensively about it – I think the Creative/Production Team did not do their job. They may be good people, but good people make bad decisions all the time.
Actors don’t cast themselves. As Ann Harada tweeted me the other day ‘Sometimes people need time for learning’ – and this is really what it is –learning where the line is drawn for an audience to buy into the show. According to that review –this casting is problematic. I for one, am glad that diversity is being discussed in Cincinnati theater, I hope it continues.
Quill went on to write,:
I believe that as we are now 15 years (gulp) down the road- you can always find a person to play the role that would be appropriate. You cannot sell me on the idea that ‘no one came in’ – and if that IS the rare instance – make a phone call and see who is out there that is available.
Saying ‘we could not find any’ is laziness.
Ann Harada, referred to by Quill, originated the role of Christmas Eve, in workshop, Off-Broadway at The Vineyard Theatre and on Broadway. Regarding the Warsaw Federal Incline production she wrote via e-mail:
I do understand the limitations of casting certain roles, but then, why do the play? I have a hard time believing they’d use a White Othello instead of just not doing Othello. That being said, I always wish I’d seen the international productions of Q like in Denmark, God knows who played Christmas Eve and Gary [Coleman] in that one.
I’ve met a few white Christmas Eves in my time, mostly adorable young girls who played her in high school. Whatever. Which is why we can’t get upset at the actress who was cast, it’s not her fault. It’s interesting and a little hurtful that her heritage was deemed “exotic” enough to pass for Japanese but ultimately it is a decision we have to lay at the feet of the producers and creative team.
In response to whether the character of Christmas Eve, with her heavily accented English, could be perceived as a stereotype, Harada wrote:
I was concerned that the role would be viewed as a stereotype but I felt it was integral to the points made in the show that the character have an accent. I know several people who expressed their dismay to me about the accent and my response was ” you don’t get it”. If I felt Christmas Eve was a stereotypical character (submissive, shy lotus blossom, good at math, that sort of thing) it might be one thing but she was so obviously tough, smart, educated and aggressive that I felt she was a fully rounded person. People do have accents. It doesn’t make them less smart or interesting or valid than people who don’t have accents.
Except for a few specific lines, the script of Avenue Q does not write in an accent or dialect for Christmas Eve. While it does drop articles and reverse pluralization of words, lines like “Ev’lyone’s a ritter bit lacist” are the exception in the text, rather than the rule. That was very intentional, said Lopez, though he warned of overdoing it. Lopez, incidentally, describes himself as “half Filipino, half a medley of Irish, English, Canadian, Latvian and other stuff.”
“I think that’s the way the performer would prefer to read the script, so that’s how we presented it,” Lopez explained. “I think there’s a description that says she speaks with a heavy accent and that’s not something that we’re trying to micromanage exactly. It’s on a performer by performer basis. I’ve seen it done even by professionals and it’s made me uncomfortable and I always give a note about it. Because there’s a line – and it’s not just a racial sensitivity thing, it’s a comedy sensitivity thing. If you play something cheap, if you play it for cheap laughs, instead of playing the truth behind it, it will always be offensive. Bad comedy always offends me in all forms. Avenue Q has that pitfall because it’s puppets. In many ways it’s cartoony, but on the other hand it’s also real, it’s also about real life. Unless the actors play the truth of the characters, the show is just a shadow of itself.”
It’s worth noting that among its various transgressive elements, which includes a gender switch in casting which calls for a actress to play the role of Gary Coleman, early workshop iterations, including its five performances at the O’Neill Theater Center in Connecticut, saw a white actress in that role. Lopez said that the original intent was meant to be merely another example of the show’s irreverence. He credits the show’s commercial producers with prompting Lopez, Whitty, Marx and director Jason Moore to cast a black actress when the show moved to full production. Lopez said he would not support a return to the casting of a white actress in that role. [In full disclosure, at the time of the 2002 workshop, I was executive director of The O’Neill Center, and while I found the casting choice very strange when I learned of it, I did not make any objection to it. In the same situation today, I would let my voice be heard speaking against the choice.]
This past Sunday, during a Democratic presidential debate, CNN moderator Don Lemon cited the Avenue Q song “Everyone’s A Little Bit Racist,” which indicated that 13 years after its Broadway debut, the show’s messages remain current.
“Sometimes I wondered about that song and sometimes I think that people don’t get the spirit in which it’s meant,” said Lopez. “It’s certainly not intended for us to relax our standards as far as the way we treat other people. The only way we can move forward is if we acknowledge where we are. So the song in that sense is relevant.”
In the wake of his article about the Warsaw Federal Incline production, David Lyman said that while he was surprised to see few responses in the article’s comments section, he had gotten “dozens of communications” in its wake via e-mail and on social media.
Describing the response as “uniformly supportive,” Lyman characterized the messages as saying, “I’m glad you brought this up. It’s about time somebody wrote something like this. I’m impressed. I’m proud of the paper for doing that.” He contrasted this with the responses he received several years ago when he called out a University of Cincinnati College-Conservatory of Music production for using the original script of the musical Peter Pan, complete with archaic representations of Native Americans and still featuring the song “Ugg-a-Wugg.” He said that in his review, he expressed the opinion, “’Well shame on them. They shouldn’t be doing that. This is the wrong century for that.’ That did not go down well. I got a fair amount of negative feedback on that one.”
Lyman also noted that he had not heard anything from the Warsaw Federal Incline Theatre itself since his article came out. For this article, multiple attempts were made, via phone and e-mail, to contact executive and artistic director Tim Perrino as well as communications/development director Rodger Pille, of Cincinnati Landmark Productions, the parent organization behind Warsaw Federal Incline. Neither responded to any of the inquiries. That gives Lopez, Harada, Quill, Lyman and even Elizabeth Molloy, who began the conversation, the final words on the subject, namely that when casting roles where race is specified, the roles should be filled by actors of that race.
But Lopez, in considering the subject of the show’s continued relevance, struck a conciliatory note while making clear what the lessons should be from and for Cincinnati, as well as any future productions of Avenue Q.
“I think that the dialogue has widened,” observed Lopez. “I think people are more comfortable sharing their opinions. I think as the conversation widens to include to everybody’s point of view, we all benefit from learning what offends people and learning what in fact their point of view is. I think we all learn from that, but unless we all talk about it, you don’t learn. In some ways, unless you cast a white Christmas Eve, you don’t learn that that’s wrong, you don’t learn that that’s not OK with people.”
Even though Avenue Q is closed, David Lyman notes that the issue of authenticity in racial casting retains great currency, not only in Cincinnati, but at this particular theatre. “Warsaw Federal incline Theatre is doing Anything Goes in June,” notes Lyman. “What are we going to see there? We’ve got these two Chinese guys. Are they going to make any effort to find Asians? I don’t know. We’re going to find out.”
Howard Sherman is interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts.
March 9th, 2016 § § permalink
“In America, where we have diverse populations, even if you’re in a community theatre, I think it’s better to not do the show rather than do it in yellowface or blackface.”
“The show” in question is Avenue Q, the 2004 Tony Award winning send-up of Sesame Street. The speaker is Robert Lopez, the co-conceiver, co-composer and co-lyricist (with Jeff Marx) of the musical; Lopez is also an award recipient for his work on Broadway’s The Book of Mormon and Disney’s film Frozen. Lopez was responding to questions provoked by a recent article in the Cincinnati Enquirer by David Lyman, a freelance writer covering arts and culture for the paper, entitled “Yellowface: The New Blackface?” Lyman’s article was instigated by the casting of the role of Japanese immigrant Christmas Eve in the Warsaw Federal Incline Theater production of Avenue Q, which closed this past weekend.
In the piece, Lyman wrote, “It probably shouldn’t have surprised me when I saw the Warsaw Federal Incline Theater’s production of Avenue Q and found the character of Christmas Eve – “I am Japanese,” she declares at one point – played by an actress who looked white. (More on this later.) Showbiz Players did the same thing when it produced the show in 2012.” Lyman went on to write, “While casting an ethnically appropriate Asian actor may be more difficult in Greater Cincinnati than in Seattle, it is not impossible.”
Lyman was prompted to examine Avenue Q due to a Facebook colloquy begun by Cincinnati actress Elizabeth Molloy on February 7, ten days before the production began its run. It began:
How is it 2016, and I still have to explain to people that yellowface is wrong?
I mean, everyone knows that blackface is a no-no, right? (RIGHT?!). So why is it so difficult to extend that same logic to other races? Do I really have to point out that yellowface is just as terrible, just as insulting, just as disrespectful, and just as mean as blackface?
In an interview, Lyman said he did not know Molloy well, but saw her remarks because mutual friends shared them on Facebook. Lyman said that as a freelancer, he does not review every show in the area. “This [Avenue Q] was one I probably was not going to see,” he notes, but as a result of Molloy’s post, “I thought, ‘Well OK, I need to change my plans and I did.” Lyman notes that he paid for his seat.
In his article, Lyman wrote:
So is it essential that an actor look Asian? Or is it enough that a person’s heritage somehow reflect an Asian heritage? [The actress] doesn’t look particularly Asian. But according to Rodger Pille, director of communications and development for Cincinnati Landmark Productions, the Incline’s parent organization, [the actress] said that her great-great-great-grandmother was Ma’ohi, from the island of Tahiti.
“Once we knew that she did have some of that descent, we felt we could move forward with the casting,” says Pille. “That was enough for us. We didn’t want to be the arbiter of what percentage Asian she was.”
He has a point. Theaters shouldn’t have to check genetic code before they allow a person to audition for a particular role. But they should be sensitive and use common sense.
Please note that the name of the actor has been omitted above, and will not figure in this article. The responsibility for the casting lies with the theatre and production’s director. The goal here is to explore the ramifications of the casting in Cincinnati, not to in any way shame a performer who had a chance for paid work in what is surely a limited range of opportunities in the city. Warsaw Federal Incline Theater is a professional non-Equity company, described by several people as the top non-Equity theatre in the area, with sufficient influence that several individuals contacted for this article declined to be interviewed out of concern for alienating the leadership of the company.
As Lyman’s article spread nationally, it reached Erin Quill, a staunch advocate for authenticity in racial casting and, as it happens, the original understudy for the role of Christmas Eve in the Broadway company of Avenue Q. She has written her own commentary about the situation on her blog, “The Fairy Princess Diaries,” but also responded to questions resulting from Lyman’s article via e-mail. She wrote:
CE [Christmas Eve] is an immigrant from Japan. First generation. There is an obligation to showcase the character in such a way that honors the writers’ intentions. CE is Japanese. It is in the script.
I think it is fair to say that in this particular case, with a reviewer being so distracted by concerns of ‘whitewashing’ while he viewed the show in Cincinnati that he felt he had to write extensively about it – I think the Creative/Production Team did not do their job. They may be good people, but good people make bad decisions all the time.
Actors don’t cast themselves. As Ann Harada tweeted me the other day ‘Sometimes people need time for learning’ – and this is really what it is –learning where the line is drawn for an audience to buy into the show. According to that review –this casting is problematic. I for one, am glad that diversity is being discussed in Cincinnati theater, I hope it continues.
Quill went on to write,:
I believe that as we are now 15 years (gulp) down the road- you can always find a person to play the role that would be appropriate. You cannot sell me on the idea that ‘no one came in’ – and if that IS the rare instance – make a phone call and see who is out there that is available.
Saying ‘we could not find any’ is laziness.
Ann Harada, referred to by Quill, originated the role of Christmas Eve, in workshop, Off-Broadway at The Vineyard Theatre and on Broadway. Regarding the Warsaw Federal Incline production she wrote via e-mail:
I do understand the limitations of casting certain roles, but then, why do the play? I have a hard time believing they’d use a White Othello instead of just not doing Othello. That being said, I always wish I’d seen the international productions of Q like in Denmark, God knows who played Christmas Eve and Gary [Coleman] in that one.
I’ve met a few white Christmas Eves in my time, mostly adorable young girls who played her in high school. Whatever. Which is why we can’t get upset at the actress who was cast, it’s not her fault. It’s interesting and a little hurtful that her heritage was deemed “exotic” enough to pass for Japanese but ultimately it is a decision we have to lay at the feet of the producers and creative team.
In response to whether the character of Christmas Eve, with her heavily accented English, could be perceived as a stereotype, Harada wrote:
I was concerned that the role would be viewed as a stereotype but I felt it was integral to the points made in the show that the character have an accent. I know several people who expressed their dismay to me about the accent and my response was ” you don’t get it”. If I felt Christmas Eve was a stereotypical character (submissive, shy lotus blossom, good at math, that sort of thing) it might be one thing but she was so obviously tough, smart, educated and aggressive that I felt she was a fully rounded person. People do have accents. It doesn’t make them less smart or interesting or valid than people who don’t have accents.
Except for a few specific lines, the script of Avenue Q does not write in an accent or dialect for Christmas Eve. While it does drop articles and reverse pluralization of words, lines like “Ev’lyone’s a ritter bit lacist” are the exception in the text, rather than the rule. That was very intentional, said Lopez, though he warned of overdoing it. Lopez, incidentally, describes himself as “half Filipino, half a medley of Irish, English, Canadian, Latvian and other stuff.”
“I think that’s the way the performer would prefer to read the script, so that’s how we presented it,” Lopez explained. “I think there’s a description that says she speaks with a heavy accent and that’s not something that we’re trying to micromanage exactly. It’s on a performer by performer basis. I’ve seen it done even by professionals and it’s made me uncomfortable and I always give a note about it. Because there’s a line – and it’s not just a racial sensitivity thing, it’s a comedy sensitivity thing. If you play something cheap, if you play it for cheap laughs, instead of playing the truth behind it, it will always be offensive. Bad comedy always offends me in all forms. Avenue Q has that pitfall because it’s puppets. In many ways it’s cartoony, but on the other hand it’s also real, it’s also about real life. Unless the actors play the truth of the characters, the show is just a shadow of itself.”
It’s worth noting that among its various transgressive elements, which includes a gender switch in casting which calls for a actress to play the role of Gary Coleman, early workshop iterations, including its five performances at the O’Neill Theater Center in Connecticut, saw a white actress in that role. Lopez said that the original intent was meant to be merely another example of the show’s irreverence. He credits the show’s commercial producers with prompting Lopez, Whitty, Marx and director Jason Moore to cast a black actress when the show moved to full production. Lopez said he would not support a return to the casting of a white actress in that role. [In full disclosure, at the time of the 2002 workshop, I was executive director of The O’Neill Center, and while I found the casting choice very strange when I learned of it, I did not make any objection to it. In the same situation today, I would let my voice be heard speaking against the choice.]
This past Sunday, during a Democratic presidential debate, CNN moderator Don Lemon cited the Avenue Q song “Everyone’s A Little Bit Racist,” which indicated that 13 years after its Broadway debut, the show’s messages remain current.
“Sometimes I wondered about that song and sometimes I think that people don’t get the spirit in which it’s meant,” said Lopez. “It’s certainly not intended for us to relax our standards as far as the way we treat other people. The only way we can move forward is if we acknowledge where we are. So the song in that sense is relevant.”
In the wake of his article about the Warsaw Federal Incline production, David Lyman said that while he was surprised to see few responses in the article’s comments section, he had gotten “dozens of communications” in its wake via e-mail and on social media.
Describing the response as “uniformly supportive,” Lyman characterized the messages as saying, “I’m glad you brought this up. It’s about time somebody wrote something like this. I’m impressed. I’m proud of the paper for doing that.” He contrasted this with the responses he received several years ago when he called out a University of Cincinnati College-Conservatory of Music production for using the original script of the musical Peter Pan, complete with archaic representations of Native Americans and still featuring the song “Ugg-a-Wugg.” He said that in his review, he expressed the opinion, “’Well shame on them. They shouldn’t be doing that. This is the wrong century for that.’ That did not go down well. I got a fair amount of negative feedback on that one.”
Lyman also noted that he had not heard anything from the Warsaw Federal Incline Theatre itself since his article came out. For this article, multiple attempts were made, via phone and e-mail, to contact executive and artistic director Tim Perrino as well as communications/development director Rodger Pille, of Cincinnati Landmark Productions, the parent organization behind Warsaw Federal Incline. Neither responded to any of the inquiries. That gives Lopez, Harada, Quill, Lyman and even Elizabeth Molloy, who began the conversation, the final words on the subject, namely that when casting roles where race is specified, the roles should be filled by actors of that race.
But Lopez, in considering the subject of the show’s continued relevance, struck a conciliatory note while making clear what the lessons should be from and for Cincinnati, as well as any future productions of Avenue Q.
“I think that the dialogue has widened,” observed Lopez. “I think people are more comfortable sharing their opinions. I think as the conversation widens to include to everybody’s point of view, we all benefit from learning what offends people and learning what in fact their point of view is. I think we all learn from that, but unless we all talk about it, you don’t learn. In some ways, unless you cast a white Christmas Eve, you don’t learn that that’s wrong, you don’t learn that that’s not OK with people.”
Even though Avenue Q is closed, David Lyman notes that the issue of authenticity in racial casting retains great currency, not only in Cincinnati, but at this particular theatre. “Warsaw Federal incline Theatre is doing Anything Goes in June,” notes Lyman. “What are we going to see there? We’ve got these two Chinese guys. Are they going to make any effort to find Asians? I don’t know. We’re going to find out.”
Howard Sherman is interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts.
March 1st, 2016 § § permalink
When a student-devised piece of theatre begins as The Politics of Dancing, an examination of relationships springing from Ibsen’s A Doll’s House, and is ultimately produced as This Title Has Been Censored, something is amiss. When a student production scheduled for multiple performances in a college theatre department’s mainstage season ends up as a single workshop performance with rudimentary tech given during a final exam period, something is strange. When an original work of theatre begins to address gender roles and is immediately downsized, something is troubling. When these actions were prompted because an inchoate project was judged by departmental leadership based solely on a few preliminary scenes reviewed four months before the work was to be finished, something seems wrong.
But those are all aspects of what transpired over the past several months in the theatre department of Oklahoma State University. The Politics of Dancing, which had been announced as part of the school’s 2015-16 mainstage season in the Vivia Locke Theatre, which seats some 500 patrons, was to have been presented in February; the rest of the season included A.R. Gurney’s What I Did Last Summer, and The 25th Annual Putnam County Spelling Bee. Instead of The Politics of Dancing, the school produced John Cariani’s Almost, Maine.
So what exactly happened to The Politics of Dancing? In October, Professor Jodi Jinks, who holds the school’s Mary Lou Lemon Endowed Professorship for Underrepresented Voices, shared a few short scenes from the work the students had begun to create with the head of the department, which both she and the students say weren’t necessarily representative of what the finished work would be like, given the evolving nature of any devised theatre.
“Professor Jinks allowed us as an ensemble to explore what we wanted. It kind of naturally flowed in that direction,” said student Jessica Smoot via e-mail. “Honestly I think it just came from the fact that you can’t properly explore romantic relationships without understanding gender, and since it is such a hot topic these days it became a much more fascinating subject to explore.”
Student Joshua Arbaugh said, also via e-mail, “The focus of the show never switched from ‘general relationships.’ Gender was only one subject that the show was going to touch on. There was never a time that we as a group decided that the show would be about gender. However, gender and gender roles play a big part in relationships so we devoted a healthy amount of time early in our devising process to explore the many facets of gender in our research and our work. We had no idea that this would displease anyone and did not believe that it was a divergence in our declared ‘focus’.”
Prof. Jinks says that she shared some very early drafts of Dancing on October 19 and two days later department chair Andrew Kimbrough met with the students involved in the production and, in Jinks’s words, “dropped the bomb, or gave the option.”
“We could change the direction we were heading in and create something for our [mainstage] audience, or the students could say what they wanted to say and move to the studio,” explained Jinks.
The audience, as described by students in their meeting with Kimbrough, was “over 50, white and Republican,” according to Jinks in an interview with the campus newspaper The O’Colly. Kimbrough told The O’Colly, “I believed the students’ assessment of the audience was accurate.” From The O’Colly:
The theater department advertised the play as a production that “examines the mating rituals of our planet’s most advanced and complicated species,” according to a department brochure.
“I was seeing an evolution of work that was, one, not on the topic that was proposed, (and) two, that tended to be one-sided in its address of transgender issues,” Kimbrough said.
Kimbrough said he visited the class and requested that if the students continued with “The Politics of Dancing,” they keep in mind the type of audience they would be performing for.
“Even though they were moving in a new direction, they were never asked to abandon the topic but simply to proceed from the vantage of mid-October with our current audience in mind,” Kimbrough said. “And I believe when you’re running a business, this is the No. 1 rule. You must create work that has your audience in mind.”
After a weekend of consideration, according to Jinks, the students decided to move the production to the smaller studio. “Ultimately,” said Jinks, “they decided to perform the play they originally wanted to write.”
But that plan hit a snag when Jinks and the students were later informed that their production in the studio would have no production support, because the technical departments, in her description, “could not do two things that close together or at the same time,” with the substituted mainstage show cited as a conflict.
“They were offered the studio and thought they could do that,” said Jinks. “That was the option they were presented, and slowly, bit by bit, it was removed.”
Regarding Kimbrough’s position on the project, Arbaugh wrote, “The idea of him bullying our work until he was ‘comfortable’ with it was too great a cost. However, none of us would have chosen to lose departmental support and our spot in the season. We were all blindsided by the decision and I would say it’s because we gave the “wrong answer.”
Arbaugh continued, saying, “The Politics of Dancing was supposed to be a true test of all our talents. We, as students of the theater, were to use everything we had learned in this in this endeavor. When it was cancelled, it was like a big door was slammed in all of our faces saying, ‘who you are is inappropriate and what you have to contribute has no value.’ So self-esteems suffered and even now there is anxiety in the department.”
So why did the show become This Title Has Been Censored?
“As a class,’ wrote Smoot, “we found that using the source materials we were initially assigned (A Doll’s House and the “Politics Of Dancing” song) were becoming more of a hindrance to our creativity, so we scrapped them from the show. This, along with the struggles we had faced through the process, made the show look completely different from what it was initially intended to be – but that can be expected with devised theatre! We wanted to rename the show in a way that acknowledged the struggles in the process. The final product still discussed gender, but in a much more personal way that drew from many of our personal experiences and life moments interspersed with current events revolving around gender.”
At the show’s single performance, Jinks wrote the following in the program:
During the first few weeks of this current semester the Devised Theatre class was developing a different play than the one you will see today. It was called the The Politics of Dancing and it was to be performed in the Vivia Locke in February of 2016. The devised class would build it and perform it, with me serving as facilitator and director. Over a year ago I made preliminary choices to jump start the process with the class. We were to deconstruct Ibsen’s play A Doll’s House and build a new piece by looking at Ibsen’s work through the lens of gender identification, transgenderism and gender politics – subjects which are omnipresent in the media of late. However other lessons (struggles) interrupted that process.
Jinks believes that some of the problems that arose came from many in the theatre department being unfamiliar with company-created theatre.
“I was working with faculty who have no experience with devising, but I thought we were addressing those needs, “ she said, noting that there was “some rigidity, some pushback even before it was canceled.” Jinks said she discounted that response, calling it “irrelevant.”
“It was so early in the process, the play could have gone in any direction. We had four months. They canceled it because the idea was threatening.”
Jinks described a series of meetings with the dean, the provost, the faculty council and the Office of Equal Opportunity between November and early February.”
“I was met with a wall of silence and denial,” she said, “I’d like them to tell me why it isn’t a denial of academic freedom of speech.”
In February, Jinks met with Kimbrough and the provost.
“I gave both men by action requests, “ she said. “One, Andrew was to acknowledge that an error was made in canceling The Politics of Dancing. Two, Andrew would apologize to the department – faculty, staff and students. Three, the department would write policy so that this doesn’t happen again. Four, there would be a recusal from professional advancement discussion by Andrew over me.”
“Andrew said no to one and two,” she continued. “He did say he would apologize for not having everyone in the same room at the same time to discuss the issue.”
Jinks has been at Oklahoma State University for five years, four of those on a tenure track. She will be up for tenure review in two years.
* * *
Dr. Andrew Kimbrough was contacted by e-mail and asked for an on the record interview regarding this situation. His entire reply was as follows
I’ll be happy to speak to you once our challenge is fully resolved and behind us. I’m learning a lot, and would appreciate more professional response. Thanks.
A second request, noting that his replies to The O’Colly would be the only opportunity for his voice to be heard in this article, received no reply.
Since Dr. Kimbrough asked for more professional response, it seems only appropriate to provide him with some.
My first thought is to say that if indeed you are not already well-versed, Dr. Kimbrough, you should become familiar with the process of devised theatre as an evolutionary process that cannot necessarily be given a label more than half a year in advance and be expected to stick to exactly the original premise. That said, devised theatre must have a place in the OSU theatre department with the full resources of the department, because devised theatre is important both academically and creatively; it is essential that theatre students of today learn about and experience devised, collaborative works to prepare them forprofessional careers.
Please reconsider your statements and overall perspective, Dr. Kimbrough, about the audience being the most important arbiter of what students perform at OSU. Your assertion in The O’Colly, “When you’re running a business, this is the No. 1 rule,” seems profoundly misplaced within an academic theatre program. Students should not be educated according to the perceived preferences of the local consumer marketplace, but rather taught in order to develop their talent, their skills, and their knowledge so that they themselves are competitive in the marketplace of theatre. Indeed, if your position on why we make theatre were voiced by the artistic director of most of America’s not-for-profit theatres, that individual would be questioned by many in the field for abdicating the role of an artistic leader and kowtowing to lowest common denominator sentiments. Yes, there are financial demands on all theatres, and theatre cannot survive without an audience, but those concerns need to operate in balance with the creative impulse. To visit those concerns on students who have paid for a complete theatrical education, with audience satisfaction superseding the education imperative, seems a corruption of the role of academics.
Dr. Kimbrough, your students have the same sentiments as I do.
Jessica Smoot wrote, “He sees this department as a business, and while that has been very beneficial when building the department, it can become dangerous for the creative integrity of the department, which I think is very detrimental to our department. There are ways to warn people to not come if you’re easily offended – add ratings, label shows as avant garde or fringe – but don’t take freedom of speech from the students. We will spend the rest of our lives having to worry about where the money to support our art will come from. Let us have some freedom while we still have the ability to not worry about finance, so that when producing our work becomes harder, we will be creating better quality work from the start because we have already had a chance to practice.”
Joshua Arbaugh wrote, “How could we possibly predict what every audience member came to see and how do we know whether or not there is a completely different audience that has simply been alienated by these ‘choices’ in the past. When someone says, “We need to cater to our audience.” That person is really saying, ‘what’s going to be the most digestible to the kinds of people I personally want to come to these shows.’ My answer is no, the theater season should not be selected to impress Andrew’s hetero-normative white friends.”
Finally Dr. Kimbrough, while one would hope you would do so in all things, it’s particularly incumbent upon you when your department has an endowed chair for underrepresented voices to always demonstrate genuine concern and respect for the students who embody those voices and the professor directly charged with serving them. When you offered the students the opportunity to pursue their vision in a smaller space due to your concerns over the marketability of a piece which appeared to be leaning towards a consideration of gender, and they were subsequently informed that they would receive no technical support and no promotion, you were effectively suppressing art on that subject, regardless of your intent.
I am very fond of Almost Maine (and its author, John Cariani) and I’ve seen Cabaret numerous times, but I don’t think those are shows which deeply explore gender issues and represent efforts at diversity, as you suggested to The O’Colly. You need to redress the impression you have instilled in your students as quickly as possible, by planning for work which explicitly examines that topic, either on the mainstage or for a sustained run in the studio. In addition, you would do well to endorse a new student devised work on the subject of gender in modern society that you will stand behind as firmly as you do The 39 Steps or As You Like It (which does have a bit of gender bending of its own, rendered safe by being 400 years old).
On top of all of this, Dr. Kimbrough, to speak your language for a moment, if money is an important consideration, your actions may be alienating a presumably important donor. To cite an article in The Gayly:
“Literally, the name of this endowed professorship is ‘The Mary Lou Lemon Endowed Professorship for underrepresented voices,’” said Robyn Lemon, daughter of the late Mary Lou Lemon. “Not allowing these students to perform this play contradicts the very reason this entire professorship was set up.”
The bottom line here is that the education of students must come first at a university, and that education must not be simply current but forward-thinking in its philosophy, its pedagogy and its practice. The Politics of Dancing isn’t likely to be resurrected; its moment has passed. But if Oklahoma State University theatre wishes to stand for excellence, if it wants to both compete for students and for the students it graduates to be competitive, it must make very clear that it embraces students no matter their gender identity, their race, the ability or disability – in short, it must be genuinely and consistently inclusive – and it should use its stages to make that clear to the entire university, the local community and beyond.
* * *
One last word: as The O’Colly researched its story on this subject, Kimbrough acknowledged that he attempted to have the story quashed. He was quoted saying, “I think it would be in the best interest of the department if there was no negative publicity of this incident.” When there are charges of censoring a piece of theatre by reducing its potential audience significantly and withdrawing support from it, that’s not a very good time to also try to keep the story from being told. As is so often the case, efforts to avoid negative stories only lead to yet more inquiry and more concern. That holds true for decisions to cease answering questions about a subject in the public eye. Theatre is about telling stories and very often, about revealing truths. The story of The Politics of Dancing is incomplete. It is up to Oklahoma State Theatre to bring it to an honest, open, inclusive and satisfying ending for all concerned.
December 23rd, 2015 § § permalink

Still from NYGASP video spot on YouTube
Oh, New York Gilbert and Sullivan Players, what are we going to do with you?
It was surprising to many that you thought you could do a “classic” yellowface Mikado in New York in 2015. But you also responded pretty quickly once there was an outcry against the practice, with the first blog posts of dismay (from Leah Nanako Winkler, Erin Quill, Ming Peiffer and me) posted on Tuesday and Wednesday and the production canceled by midnight on Friday morning. You’ve promised to bring your Mikado into alignment with current sensibilities at some point in the future, and I’m one of the many people who had cordial conversations with your executive director David Wannen in the wake of the September controversy.
So one can’t help be brought up short by your current commercial for The Pirates of Penzance, the production which replaced The Mikado at NYU’s Skirball Center. Shot in the Old Town Bar just north of Union Square, it features pub denizens having a Gilbert & Sullivan sing-off with some piratical looking men, as well as some geriatric British naval officers. All in good fun, it seems.
So why is there an admittedly brief shot in the ad of three yellowface geishas in a bar booth being leered at (by telescope, no less) by the British officers? Why is there still yellowface as part of advertising a production that was scheduled to eradicate yellowface?
Now I’m fully prepared to acknowledge this is probably an old TV spot, and all that has been changed is the superimposed show title, venue and number to call for tickets at the end. In fact, having watched New York television for much of my life, I’d say this spot could be quite old, and may well have emanated from days when Pirates, The Mikado and H.M.S. Pinafore were the bedrock of your repertory.
But in light of all that has happened over the past four months, seeing those faux-Asian women giggling behind their fans seems wholly out of place, if not a slap at those who advocated for a more enlightened take from you going forward. I acknowledge the effort and cost of recutting, or even reshooting, a commercial, but it might have been wise for you to not keep propagating the very imagery that led you to decide to cancel your production.
There’s no way to know whether you’re buying broadcast or cable time for the spot, but you just posted it to YouTube at the beginning of this month. This morning, the spot was featured in an e-mail blast you sent. So this possibly vestigial ad is still very much part of your marketing.
As I noted in a conference call with David Wannen, it is not lost on us that Albert Bergeret, the company’s artistic director, has not – so far as I know, and I’d be happy to be corrected – publicly expressed his support for the decision to remove The Mikado from your repertoire pending a reconception. Even this brief glimpse of yellowface suggests that the message of respecting ethnicities other than white hasn’t really sunk in. In fact, this could be seen by some as you winking at the controversy and telling your regular audiences that your “traditions” will be upheld, even if your sole intent was to economize and recycle an existing ad.
C’mon NYGASP, you said you were going to do better. You’ve taken some important steps, but it seems you’ve still got a ways to go.
Thanks to Barb Leung for sharing the e-mail and video from NYGASP.
Howard Sherman is interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts.
December 23rd, 2015 § § permalink

New York Gilbert & Sullivan Players commercial
Oh, New York Gilbert and Sullivan Players, what are we going to do with you?
It was surprising to many that you thought you could do a “classic” yellowface Mikado in New York in 2015. But you also responded pretty quickly once there was an outcry against the practice, with the first blog posts of dismay (from Leah Nanako Winkler, Erin Quill, Ming Peiffer and me) posted on Tuesday and Wednesday and the production canceled by midnight on Friday morning. You’ve promised to bring your Mikado into alignment with current sensibilities at some point in the future, and I’m one of the many people who had cordial conversations with your executive director David Wannen in the wake of the September controversy.
So one can’t help be brought up short by your current commercial for The Pirates of Penzance, the production which replaced The Mikado at NYU’s Skirball Center. Shot in the Old Town Bar just north of Union Square, it features pub denizens having a Gilbert & Sullivan sing-off with some piratical looking men, as well as some geriatric British naval officers. All in good fun, it seems.
So why is there an admittedly brief shot in the ad of three yellowface geishas in a bar booth being leered at (by telescope, no less) by the British officers? Why is there still yellowface as part of advertising a production that was scheduled to eradicate yellowface?
Now I’m fully prepared to acknowledge this is probably an old TV spot, and all that has been changed is the superimposed show title, venue and number to call for tickets at the end. In fact, having watched New York television for much of my life, I’d say this spot could be quite old, and may well have emanated from days when Pirates, The Mikado and H.M.S. Pinafore were the bedrock of your repertory.
But in light of all that has happened over the past four months, seeing those faux-Asian women giggling behind their fans seems wholly out of place, if not a slap at those who advocated for a more enlightened take from you going forward. I acknowledge the effort and cost of recutting, or even reshooting, a commercial, but it might have been wise for you to not keep propagating the very imagery that led you to decide to cancel your production.
There’s no way to know whether you’re buying broadcast or cable time for the spot, but you just posted it to YouTube at the beginning of this month. This morning, the spot was featured in an e-mail blast you sent. So this possibly vestigial ad is still very much part of your marketing.
As I noted in a conference call with David Wannen, it is not lost on us that Albert Bergeret, the company’s artistic director, has not – so far as I know, and I’d be happy to be corrected – publicly expressed his support for the decision to remove The Mikado from your repertoire pending a reconception. Even this brief glimpse of yellowface suggests that the message of respecting ethnicities other than white hasn’t really sunk in. In fact, this could be seen by some as you winking at the controversy and telling your regular audiences that your “traditions” will be upheld, even if your sole intent was to economize and recycle an existing ad.
C’mon NYGASP, you said you were going to do better. You’ve taken some important steps, but it seems you’ve still got a ways to go.
Thanks to Barb Leung for sharing the e-mail and video from NYGASP.
December 3rd, 2015 § § permalink

Renée Elise Goldsberry, Lin-Manuel Miranda and Phillipa Soo in Hamilton (Photo by Joan Marcus)
In the wake of the recent casting controversies over Katori Hall’s The Mountaintop and Lloyd Suh’s Jesus in India, there have been a number of online commenters who have cited Lin-Manuel Miranda’s musical Hamilton as a justification for their position in the debate. What’s intriguing is that Hamilton has been offered up both as evidence of why actors of color must have the opportunity to play both characters or color and characters not necessarily written as characters of color – but it has also been used to say that anything goes, and white actors should be able to play characters of color as well.
In the Broadway production of Hamilton, the characters are historical figures who were all known to have been white, but they are played by actors of many races and ethnicities, notably black, Latino and Asian. My position on non-traditional (or color-blind or color-specific) casting is that it is not a “two-way street,” and that the goal is to create more opportunities for actors of color, not to give white actors the chance to play characters of color.
As it happens, I had an interview scheduled with Miranda last week, the night before Thanksgiving. Race wasn’t the subject at all, however. We were speaking about his experiences in, and views on, high school theatre, for Dramatics magazine, a publication of the Educational Theatre Association (ask a high school thespian for a copy). But when I finished the main interview, and had shut off my voice recorder, I asked Miranda if he would be willing to make any comment regarding the recent casting situations that had come to light. He was familiar with The Mountaintop case, but I had to give him an exceptionally brief précis of what had occurred with Jesus in India. He said he would absolutely speak to the issue, and I had to hold up my hand to briefly pause him as he rushed to start speaking, while I started recording again.
“My answer is: authorial intent wins. Period,” Miranda said. “As a Dramatists Guild Council member, I will tell you this. As an artist and as a human I will tell you this. Authorial intent wins. Katori Hall never intended for a Caucasian Martin Luther King. That’s the end of the discussion. In every case, the intent of the author always wins. If the author has specified the ethnicity of the part, that wins.
“Frankly, this is why it’s so important to me, we’re one of the last entertainment mediums that has that power. You go to Hollywood, you sell a script, they do whatever and your name is still on it. What we protect at the Dramatists Guild is the author’s power over their words and what happens with them. It’s very cut and dry.”
This wasn’t the first time Miranda and I have discussed racial casting. Last year, we corresponded about it in regard to high school productions of his musical In The Heights, and his position on the show being done by high schools without a significant Latino student body, which he differentiated from even college productions.

Lin-Manuel Miranda, Karen Olivo and the company of In The Heights (Photo by Joan Marcus)
“The joy of In The Heights runs both ways to me,” he wrote me in early 2014. “When I see a school production with not a lot of Latino students doing it, I know they’re learning things about Latino culture that go beyond what they’re fed in the media every day. They HAVE to learn those things to play their parts correctly. And when I see a school with a huge Latino population do Heights, I feel a surge of pride that the students get to perform something that may have a sliver of resonance in their daily lives. Just please God, tell them that tanning and bad 50’s style Shark makeup isn’t necessary. Latinos come in every color of the rainbow, thanks very much.
“And I’ve said this a million times, but it bears repeating: high school’s the ONE CHANCE YOU GET, as an actor, to play any role you want, before the world tells you what ‘type’ you are. The audience is going to suspend disbelief: they’re there to see their kids, whom they already love, in a play. Honor that sacred time as educators, and use it change their lives. You’ll be glad you did.”

Daveed Diggs and the company of Hamilton (Photo by Joan Marcus)
Anticipating the flood of interest in producing Hamilton once the Broadway production and national tours have run their courses, I asked Miranda whether the acting edition of the script of Hamilton will ultimately be specific about the cast’s diversity, and whether, either at the college level or the professional level, he would foresee a situation where white actors were playing leading roles.
“I don’t have the answer to that. I have to consult with the bookwriter, who is also me,” he responded. “I’m going to know the answer a little better once we set up these tours and once we set up the London run. I think the London cast is also going to look like our cast looks now, it’s going to be as diverse as our cast is now, but there are going to be even more opportunities for southeast Asian and Asian and communities of color within Europe that should be represented on stage in that level of production.
“So I have some time on that language and I will find the right language to make sure that the beautiful thing that people love about our show and allows them identification with the show is preserved when this goes out into the world.”
Authorial intent, y’all. Authorial intent.
Howard Sherman is interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts.
December 3rd, 2015 § § permalink

Phillipa Soo, Lin-Manuel Miranda and Renée Elise Goldsberry in Hamilton (Photo by Joan Marcus)
In the wake of the recent casting controversies over Katori Hall’s The Mountaintop and Lloyd Suh’s Jesus in India, there have been a number of online commenters who have cited Lin-Manuel Miranda’s musical Hamilton as a justification for their position in the debate. What’s intriguing is that Hamilton has been offered up both as evidence of why actors of color must have the opportunity to play both characters or color and characters not necessarily written as characters of color – but it has also been used to say that anything goes, and white actors should be able to play characters of color as well.
In the Broadway production of Hamilton, the characters are historical figures who were all known to have been white, but they are played by actors of many races and ethnicities, notably black, Latino and Asian. My position on non-traditional (or color-blind or color-specific) casting is that it is not a “two-way street,” and that the goal is to create more opportunities for actors of color, not to give white actors the chance to play characters of color.
As it happens, I had an interview scheduled with Miranda last week, the night before Thanksgiving. Race wasn’t the subject at all, however. We were speaking about his experiences in, and views on, high school theatre, for Dramatics magazine, a publication of the Educational Theatre Association (ask a high school thespian for a copy). But when I finished the main interview, and had shut off my voice recorder, I asked Miranda if he would be willing to make any comment regarding the recent casting situations that had come to light. He was familiar with The Mountaintop case, but I had to give him an exceptionally brief précis of what had occurred with Jesus in India. He said he would absolutely speak to the issue, and I had to hold up my hand to briefly pause him as he rushed to start speaking, while I started recording again.
“My answer is: authorial intent wins. Period,” Miranda said. “As a Dramatists Guild Council member, I will tell you this. As an artist and as a human I will tell you this. Authorial intent wins. Katori Hall never intended for a Caucasian Martin Luther King. That’s the end of the discussion. In every case, the intent of the author always wins. If the author has specified the ethnicity of the part, that wins.
“Frankly, this is why it’s so important to me, we’re one of the last entertainment mediums that has that power. You go to Hollywood, you sell a script, they do whatever and your name is still on it. What we protect at the Dramatists Guild is the author’s power over their words and what happens with them. It’s very cut and dry.”
This wasn’t the first time Miranda and I have discussed racial casting. Last year, we corresponded about it in regard to high school productions of his musical In The Heights, and his position on the show being done by high schools without a significant Latino student body, which he differentiated from even college productions.

Lin-Manuel Miranda, Karen Olivo and the company of In The Heights (Photo by Joan Marcus)
“The joy of In The Heights runs both ways to me,” he wrote me in early 2014. “When I see a school production with not a lot of Latino students doing it, I know they’re learning things about Latino culture that go beyond what they’re fed in the media every day. They HAVE to learn those things to play their parts correctly. And when I see a school with a huge Latino population do Heights, I feel a surge of pride that the students get to perform something that may have a sliver of resonance in their daily lives. Just please God, tell them that tanning and bad 50’s style Shark makeup isn’t necessary. Latinos come in every color of the rainbow, thanks very much.
“And I’ve said this a million times, but it bears repeating: high school’s the ONE CHANCE YOU GET, as an actor, to play any role you want, before the world tells you what ‘type’ you are. The audience is going to suspend disbelief: they’re there to see their kids, whom they already love, in a play. Honor that sacred time as educators, and use it change their lives. You’ll be glad you did.”

Daveed Diggs and the company of Hamilton (Photo by Joan Marcus)
Anticipating the flood of interest in producing Hamilton once the Broadway production and national tours have run their courses, I asked Miranda whether the acting edition of the script of Hamilton will ultimately be specific about the cast’s diversity, and whether, either at the college level or the professional level, he would foresee a situation where white actors were playing leading roles.
“I don’t have the answer to that. I have to consult with the bookwriter, who is also me,” he responded. “I’m going to know the answer a little better once we set up these tours and once we set up the London run. I think the London cast is also going to look like our cast looks now, it’s going to be as diverse as our cast is now, but there are going to be even more opportunities for southeast Asian and Asian and communities of color within Europe that should be represented on stage in that level of production.
“So I have some time on that language and I will find the right language to make sure that the beautiful thing that people love about our show and allows them identification with the show is preserved when this goes out into the world.”
Authorial intent, y’all. Authorial intent.
Howard Sherman is interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts.
November 16th, 2015 § § permalink

Robert Branch and Camila Christian in The Mountaintop at Kent State University
In the many press accounts of director Michael Oatman casting a white man to play Dr. Martin Luther King in Katori Hall’s The Mountaintop, stories have all acknowledged Oatman’s original concept of splitting the role between black and white actors. His intent was, in his words:
“I truly wanted to explore the issue of racial ownership and authenticity. I didn’t want this to be a stunt, but a true exploration of King’s wish that we all be judged by the content of our character and not the color of our skin,” said Oatman about his non-traditional cast. “I wanted the contrast . . . I wanted to see how the words rang differently or indeed the same, coming from two different actors, with two different racial backgrounds.”
That narrative has prevailed, even when Katori Hall let it be known that she did not and would not ever approve of a white actor playing King in her play. Just as I had in my original post on this incident, she wondered why the black actor sharing the role was so little in evidence. Even after speaking with Oatman, Hall wrote:
“It’s true that Oatman only fell halfway off the ‘turn-up’ truck; the white actor was indeed sharing the role with another black actor. But the fact that this mystery actor has remained nameless further demonstrates the erasure of the black body in this experiment. Even on the school newspaper’s website, only the white actor’s name is listed.”
As it turns out, the reason this black actor is so scarce is because no black actor performed in the role of Martin Luther King at Kent State. As part of an interview with Oatman, the Akron Beacon Journal reports:
“At Kent State, Oatman originally double cast the King role, with white actor Robert Branch for three performances and a black actor for five shows. When more than one black actor dropped out due to family and other personal issues, Branch, whom Oatman described as one of the best actors he’s ever seen, assumed all eight performances.”
Even if one gives credence to Oatman’s intellectual basis for attempting to split the role, it evaporated along with the unnamed black actor, regardless of Branch’s talent. At that point, the already unjustifiable production should have been irrevocably abandoned, since the entire conceptual underpinning had come undone. What Oatman did was not a half-measure, as Hall was apparently led to believe, as we were all led to believe, but indeed the complete erasure of a black body as she had feared. There was no rationalization left, yet despite the intense press interest since Hall published her essay on TheRoot.com, Oatman at best quietly allowed a myth to be sustained, or at worst actively sought to keep the truth of the production secret to anyone interested, until this interview.
That this fact is virtually an aside in the Beacon Journal’s follow-up, which largely affords an unfettered opportunity for Oatman to advance his reasoning yet again, with nothing but quotes from Hall’s essay as pushback, seems a conscious effort to minimize the facts of the narrative. In citing supportive messages from friends on Oatman’s Facebook page, and noting that there were only a few walkouts as if that made the casting acceptable, the Beacon Journal is complicit in failing to address the willful lack of fidelity to the playwright’s intent. Where are the quotes from Hall’s friends, who were outraged. In addition, by saying at one point of Hall that “she railed,” rather than “she wrote,” there is also an implication that Hall’s thoughts on this issue were somehow not presented in an “acceptable” manner, another unfortunate choice.
So the summary of the Kent State Mountaintop story is: the creative decision was faulty to begin with, ultimately abandoned (no matter what the reason) and possibly kept secret even as scrutiny was focused on the production. Whether by omission or misdirection, Oatman has compounded his troubling creative decision immeasurably.
Though Oatman has said he wouldn’t make this particular choice again, he seems unbowed by the response from Hall and the playwriting community. He told the Journal:
“I think artists get too touchy about this kind of stuff,” he said. “I think whenever you make a controversial decision like this you have to allow the audience their space to react as they’re going to react. That’s what theater is about.”
If a director’s ethical and legal responsibility to other artists is dismissed as being “touchy,” indeed by someone who is primarily a playwright, any questions about Oatman’s judgment in this case should no longer be in question. He finds widely accepted professional practices to be a nuisance, when they are fundamental to the field he works in.
If his goal was to court controversy, Oatman has probably succeeded beyond his wildest dreams, and there may be more yet to come. But if his goal was to illuminate Katori Hall’s play for audiences, it’s quite clear that he failed, even if people applauded. He may have thought originally that what he was doing wasn’t a stunt, but in the end, that’s just what it turned out to be.
Update, November 16, 4:45 pm: In sharing my post on Facebook, Katori Hall prefaced it, in part, with the following statement:
“…When I spoke to Michael Oatman via phone October 27th, he never disclosed the fact that the black actor never went on, even when I questioned the validity of his social experiment of seeing if the ‘words rang differently or indeed the same, coming from two different actors, with two different racial backgrounds.’
I learned that the black actor never went on when Oatman was interviewed Friday night by Don Lemon on CNN. Surprise, surprise.
Many journalists in the media have portrayed me as outraged (The Wrap, NY Daily News, Washington Times, Playbill). I have supposedly ‘fumed’. I have supposedly ‘slammed.’ Shout out to TIME and TheRoot.com who used much more honest language. Yes, I criticized the casting choice and yes I explained my position why….
Yes, it is unfortunate that in 2015, a young black female artist who demands that her work be respected and puts forth a valid and articulate response is characterized as merely throwing a temper tantrum.”
Howard Sherman is the interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts School of Drama.
November 16th, 2015 § § permalink

Poster for Jesus in India at Clarion University
“What will you learn?” asks the home page of the website of Clarion University in Pennsylvania. In the wake of the school’s handling of the casting of white students in Asian roles in Lloyd Suh’s Jesus in India, and the playwright’s withdrawal of production rights upon learning this fact, it’s unclear at best, disturbing at worst, to consider what Clarion wants students to learn about race and about the arts.
Based on what is appearing in the press, they are learning to blame artists for wanting to see their work represented accurately. They are learning to attack artists when the artists defend their work. They are learning that a desire to see race portrayed with authenticity is irrelevant in an academic setting. They are learning that Clarion seems unaware of the issues that have fueled racial unrest on campuses around the country, most recently with flashpoints at the University of Missouri and Yale University. They are learning that when a community is overwhelmingly white, concerns about race aren’t perceived as valid.
In an essay published in the Chronicle of Higher Education on Friday, Marilouise Michel, professor of theatre and director of the canceled production, wrote, “I have intentionally left out the name of the playwright and the piece that we were working on as I do not wish to provide him with publicity at the expense of the fine and viable work of our students.” What’s peculiar about that statement is that until 1:30 pm that day, when he released a statement, the playwright hadn’t sought for this issue to be public in any way. It was Clarion that had contacted the press, Clarion which had released his correspondence with Michel, and Clarion which used a professional public relations firm to issue a statement about the situation from the university and its president. It reads, in part:
The university claims their intent from the start was to honor the integrity of the playwright’s work, and the contract for performance rights did not specify ethnically appropriate casting. Despite the university’s attempt to give Suh a page in the program to explain his casting objections and a stage speech given by a university representative on the cast’s race, Suh rejected any solutions other then removing the non-Asian actors or canceling the production.
“We have no further desire to engage with Mr. Suh, the playwright, as he made his position on race to our theater students crystal clear,” says Dr. Karen Whitney, Clarion University President. “I personally prefer to invest my energy into explaining to the student actors, stage crew and production team members why the hundreds of hours they committed to bringing ‘Jesus in India’ to our stage and community has been denied since they are the wrong skin color
This insidious inversion of racial justice is profoundly troubling. The play, set in India, has three characters named “Gopal,” “Mahari/Mary,” and “Sushil,” a strong indication of their race. Suh maintains that the university was asked about their plans to cast those roles, and his agent Beth Blickers says no answer was ever given. But when the playwright finally drew a line over racial representation, he was the one who was supposedly denying skin color, when it was Michael’s personal interpretation of the play, against clear evidence and requests, which was ignoring race in the play. So now, one must wonder whether Dr. Whitney will be spending time explaining to the students of color on campus why she is vigorously defending the practice of “brownface” on campus (white actors portraying Indian characters, regardless of whether color makeup is actually employed) and attacking a playwright of color for decrying the practice.
To be clear, there is undoubtedly great disappointment and pain among the students and crew who had been working on the production. Anyone in the arts will surely sympathize with them for having invested time and effort towards a production that they surely undertook with the best of intentions. But they were, most likely unwittingly, made complicit in the act of denying race and denying an artist’s wishes.
In the university’s press release, the extremely small Asian population of the school is noted (at 0.6% of the student body), as it has been previously in many reports. That no Asian students auditioned should not have been surprising, nor should it have been license to substitute actors of others races as a result. Any director who is part of an academic theatre program has a very good idea of what talent may be available, and often productions are chosen accordingly. So it is not the failure of Asian students to audition to blame for the inaccurate racial casting. More correctly it was the decision to produce a play which clearly called for Asian characters and the assessment that race didn’t matter that created this situation – not Lloyd Suh or any student.
In the Chronicle, Harvey Young, chair of the theatre department at Northwestern University, admittedly a more urban school, says the following regarding racial casting on campus:
“That is the magic of the university — to introduce people to a variety of perspectives and points of view.”
But at Northwestern, Mr. Young said, the department uses a variety of strategies to avoid what could be racially problematic casting. The department has hired outside actors to play some roles and serve as mentors to students, reached out to minority groups to let them know about acting opportunities, and staged readings at which only voices are represented.
“The goal is to devise strategies that allow you to engage the work while being aware of whatever limits exist,” Mr. Young said.
In her essay for the Chronicle, Michel wrote, “Perhaps Shakespeare would wince at a Western-style production of The Taming of the Shrew, but he never told us we couldn’t. He never said Petruchio couldn’t be black, as he was in the 1990 Delacorte Theater production starring Morgan Freeman.” This is a specious and rather ridiculous argument, since Shakespeare’s work is not under copyright and can be cast or altered in any way one wishes. While there are certainly examples of actors of color taking on roles written for or traditionally played by white actors – NAATCO’s recent Awake and Sing with an all-Asian cast playing Clifford Odets’s Jewish family, the Broadway revival of Cat on a Hot Tin Roof with a black cast playing Tennessee Williams’s wealthy southern family – they were done with the express approval of the rights holders. That these productions were in New York as opposed to Clarion, Pennsylvania makes no difference as to the author’s rights. What we have not seen is an all-white Raisin in the Sun, either because no one has been foolish enough to attempt it or because the Lorraine Hansberry estate hasn’t allowed it.
Clarion’s press efforts have certainly paid off in the local community, with three news/feature stories in the Pittsburgh Post-Gazette (here, here and here) as well as an editorial, along with two features (here and here) in the Chronicle of Higher Education, in addition to the aforementioned essay. That the Post-Gazette’s editorial sides entirely with Clarion is no surprise, since the university was driving the story; that it fails to take into account any reporting which runs counter to Clarion’s narrative, and indeed repeats them, is shameful, a disservice to the Pittsburgh community. That the Chronicle of Higher Education ran Professor Michel’s essay, another one-sided account of the situation, is problematic, but the headline (whether it is theirs or Michel’s), “How Racial Politics Hurt My Students,” is a clarion call for paranoia about race. It ignores the fact that the problems arose from a failure to respect the work and the playwright, that the issue is based not in politics, but in art, and that the author saw his work being defaced and stood up for it. There have been countless other reports on the situation. That this has engendered vile racist outpourings online, especially in comments sections and on Facebook, and in some press accounts is the result of the university’s irresponsible spin.
Universities are in no way exempted from professional standards when it comes to licensing and producing shows; to claim otherwise is to suggest that campuses are bubbles in which the rules of the real world do not apply. While classrooms are absolutely places for exploration and discovery, theatre productions of complete works for audiences are not just educational exercises. Students need to be taught creative and legal responsibility towards plays (and musicals) and their authors, not encouraged to take scripts as mere suggestions to be molded in any way a director wishes. When it comes to race, this incident and the recent Kent State production of The Mountaintop will now insure that every playwright who cares about the race of their characters will be extremely explicit in their directions, but that doesn’t excuse directors who look for loopholes to justify willfully ignoring indications in existing texts.
It’s my understanding that there has been new contact between Michel and Suh, though I am not party to its nature or content. It’s worth noting that in the third Post-Gazette story, it is reported that “Ms. Michel took to Facebook Saturday to ask “that any negative or mean-spirited posts or contact towards Mr. Suh be ceased. We are both artists trying to serve a specific community and attacking him helps no one.” That’s a responsible position to take, but it should be expanded to include negative posts or contact about the accurate portrayal of race in theatre, since they are flourishing in the wake of this incident.
It is also now time for the university to explain the truth about why the production was shut down, namely a failure to respect the artistic directive of the playwright; insure that this incident and the rhetoric surrounding it hasn’t been a license for anyone to marginalize their students of color; and begin truly addressing equity and diversity on their campus. Regardless of the racial makeup of their community or student body, they need to be setting an example and creating a better environment for all students, not feeding into narratives of racial divisiveness.
Update, November 18, 7 pm: Earlier today, the Dramatists Guild of America released a statement regarding the organization’s position on casting and copyright, signed by Guild president Doug Wright. It reads, in part:
One may agree or disagree with the views of a particular writer, but not with his or her autonomy over the play. Nor should writers be vilified or demonized for exercising it. This is entirely within well-established theatrical tradition; what’s more, it is what the law requires and basic professional courtesy demands.
Howard Sherman is interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts School of Drama.
November 13th, 2015 § § permalink

Rehearsal for Jesus in India at Clarion University
“The students are victims,” writes playwright Lloyd Suh, regarding the events that led to his play Jesus in India being canceled a little more than a week before it was to be produced at Clarion University in Pennsylvania. Presumably, anyone learning of students who have been preparing a production for weeks, only to not be able to present it to audiences, would agree with that statement, no matter what they may think of the circumstance surrounding the cancelation, first reported in the Pittsburgh Post-Gazette. It is truly unfortunate. But there are larger issues and perhaps greater lessons at stake.
As many others have reported, Suh wrote earlier this week to Marilouise Michel, professor of theatre in the Department of Visual and Performing Arts at Clarion, asking that either three roles written as Indian characters but cast at Clarion with two Caucasian students and one mixed race student, either be cast with students of color or the production canceled. The university theatre department opted for the latter.
* * *
Regarding the casting of Caucasian students in specifically ethnic roles, Michel said, “I realized that the Jewish characters were from Palestine. In my mind, to truly cast them correctly they would have had to be Palestinian, I guess, and the Indian characters would have to be Indian. But I read Mr. Suh’s program notes from the production at the Magic Theatre in San Francisco, where he specifically states that the play is for anybody, the play is universal. Perhaps I misunderstood what he meant, but I thought I was taking him at his word, so I cast it without thinking what color people were at all. I would have cast a black Jesus if I had the right person for the role. I wasn’t thinking that this was a play about race. When I do plays about race, I try to be extraordinarily sensitive to those issues.”
In a statement, included below in its entirety, Suh speaks specifically to his comment, writing, “Much has been made of an interview I gave years ago in which I used the word ‘universal’ to describe the play. But universal does not and should not mean white, or the privilege of ignoring race. I wish it were not so difficult to accept that an actor of color, playing a character of color, could convey something universal. To understand that white actors should not be the default option for any role. To recognize that people of color are not simply replaceable.”
Regarding casting beyond the specifics of a script, Michel said, “It’s not unusual in college productions to change the gender of a character to offer opportunities to the students that are available.” Asked whether approval for such changes are sought from playwrights or their representatives, she said, “I don’t deal with the contracts. The department chair and the student association deal with the contracts. But should it seem like we’re doing something that’s against the contract, we would definitely address it. I always check with my superiors if I think that’s going to be an issue.” The superior she was referring to was department chair Bob Levy, who declined via e-mail to be interviewed for this piece.
She continued, “We’ve never done it in a play where we thought race was an important issue of the script, or the gender was an important issue of the script. Sometimes the director might address the issue in the program of why it was done. While I hesitate to connect myself to Michael Oatman [director of The Mountaintop at Kent State where a white actor was cast as Martin Luther King], it would be similar in that it’s an academic exercise of, ‘what if?’ which is what we do in acting.”
As for the issue of race in Jesus in India, Michel said, “I don’t feel like it was the focus of the play. I feel like the focus teenagers coming of age and maturing, and that’s what spoke to me about the script and led me to think this would be a wonderful opportunity for the students in my program.”
To Suh, authentic representation of race is essential. He wrote, “I could not allow the play to be performed with white actors in non-white roles before a public audience. This is not a unique position. It is not strange or radical. It is common industry practice that productions of copyrighted plays adhere to the requirements of the text. In addition, as a writer of color in a field where representation and visibility are ongoing struggles, I feel a responsibility to provide opportunities for artists of color to be seen, and to protect that work from distortion in the public eye. The practice of using white actors to portray non-white characters has deep roots in ugly racist traditions. It sends a message, intended or not, that is exclusionary at best, dehumanizing at worst.”
Michel noted that, in planning the production, “I was expecting controversy, but I wasn’t expecting this.” She explained, “In my little small, conservative community I had Jesus saying ‘fuck ‘ over and over. He’s smoking weed, he’s got a girl, he gets a girl pregnant, he screams ‘I pulled out’ at one point. He says ‘My god damn father.” All of which I’m cringing at, thinking, I have to be brave and represent this playwright’s work. We’re going to be pickets by the conservative Christians. I’m getting e-mails from conservative Christians saying their prayers have been answered, implying we got what we deserved. They’re so glad that this play is not going to be produced in our community, because it portrays Jesus as different from the Bible.”
* * *

Clarion University’s Home Page
Clarion University is a small state university in Western Pennsylvania, with a student body of approximately 5,700 students in total, 4,900 being undergraduates, according to data from the National Center for Education Statistics. The school body is 83% white, 7% black, 2% Latino or Hispanic, 2% multiracial and 1% Asian. The Pittsburgh Post Gazette reported the Asian student body as being below 1%, but in real numbers on a campus of 5,700, 1% translates to a total of 57 Asian students. How must they feel in the midst of all this? These numbers do contrast with the representation of diversity implied by the university home page (shown at right) in which the racial representation seems much more broadly spread.
In light of the protests at the University of Missouri and Yale University in recent weeks, the subject of racial representation on campuses is top of mind for many people, and it certainly should extend into performing arts programs. On the one hand, the decision of the theatre program to produce a show set in India with Indian characters is an admirable step towards addressing diversity, but the likely inability to cast roles without racial authenticity calls into question whether the choice would ultimately make students of color feel included.
After what has transpired this week, will Michel think differently when producing works in which there are characters of color? “Well of course,” she replied, “particularly with living playwrights.”
Clarion’s website outlines an array of programs to address gender, racial and disability diversity. But despite the public controversy surrounding Jesus in India, Michel says that she has not spoken with anyone in those programs about what has transpired. “No one has reached out to me at this point,” she said.
* * *
It’s important to know that the planned production of Jesus in India at Clarion transformed the play, which had a few songs, into a full-blown musical. With permission from the playwright, Michel commissioned an original score which ran to 21 songs and underscoring. The playwright and his agent approved the composer, but for this one production, did not seek approval over the material itself. However, that did not extend to other approvals, for which the contract noted that the playwright’s approval was required.
Beth Blickers, Suh’s agent, commented that while she had inquired about the racial casting early on, and was told it was too early to know, but there was considerable communication about the new score.
“I think the music change is the key factor,” said Blickers. “That’s the thing they understood. The issue about ethnicity, they were reasonably oblivious to. They acknowledged that I asked and they belatedly said it wasn’t cast yet and then they forgot.”
Michel said that she had asked several times to confer with Suh, but was told he was unavailable. She said, “I believe that a dialogue early on, it would have come clear what his priorities were, that I wasn’t seeing things the way he was. I don’t disagree with his right to feel the way he does about his work. I just wish I had known, so that either we could have had a meeting of the minds or I wouldn’t have invested my time and my students in this venture.” Blickers said that Suh was wrapped up in other productions and family issues and didn’t have the time to visit Clarion or consult with them.
There has also been considerable discussion online over the timing of Suh’s letter, which he addresses in his statement. Michel says that it is her understanding that the contract was in force as soon as the university signed it and sent a $500 payment, and that since the check was cashed, all was in place. Blickers says that the contract was never received and that while the $500 check was cashed (and is now being returned), the contract was never signed by the playwright, and therefore the contract was not in force. Suh asserts that the first time he realized the play was going into production was via a posting of rehearsal photos on Facebook.
* * *
I have advocated previously about the rights of artists, most often playwrights, to control their work, and on the heels of the controversy over Jesus in India and The Mountaintop, I feel it’s incumbent upon me to restate that university productions are not exempt from copyright law or licensing contracts. While academic exploration in a classroom of a scene from a play which allows an actor to explore a role written for someone of another race may prove valuable, once the work is presented in front of an audience, or in its entirety, whether only to a university-based audience or the general public, the playwright’s wishes must take precedence. I say that from both an ethical and legal standpoint.
As for the idea that race doesn’t always matter or isn’t central to a particular work, if the playwright has indicated characters of a certain ethnicity, that should be adhered to, permission should be sought to make a change, or another work should be chosen. While Jesus in India may be still in manuscript form, and therefore lacking in some of the details an officially published script may contain, the combination of the title and character names of “Gopal,” “Mahari/Mary,” and “Sushil” seem quite specific. To assume that this information isn’t central to the playwright’s vision and the actors chosen to portray them needn’t be specific seems a willful overlooking of the context of the work, even if the race is not explicitly stated in the script or licensing agreement. As I wrote about The Mountaintop, and Katori Hall has done and Suh will now do, this seems to require even more specificity from playwrights, to insure their wishes are followed. This is not an effort to be racially divisive, but rather to insure that roles for artists of color remain in their grasp, in part to address the ongoing inequities in racial roles and racial casting.
“The conversation is how far are we going to take this,” Michel said to me, “with truly understanding all points of view, to not be a part of diminishing anyone’s pain or experience. I don’t want to diminish that, I just want to know how to make it right and tell stories that aren’t just about white girls.”
Given the makeup of the student body at Clarion, I understand the challenge. But the discussion is not so granular as wondering whether only actors of Irish descent should play Irish roles, as Michel asked me rhetorically in reference to an upcoming Clarion production. Instead, it is about insuring that roles written for people of color are never diminished, or to use Katori Hall’s word, “erased.”
And despite the pictures on the school’s website, if the theatre department is to be able to do shows about more than just “white girls,” it seems the university must address broadly diversifying the student body, not just so more plays can be done authentically, but so people of color are indeed not minorities on the campus, but truly well-represented in the school community, thereby enhancing and informing every aspect of campus life.
* * *
Earlier this morning, the official Clarion University Twitter feed contained the following message: “With the cancellation of ‘Jesus in India’ we hope to reflect upon how race and culture should relate to creative works such as these.”
As painful as this experience has been for all concerned, this seems a positive step. If indeed Clarion follows through, I hope they will avail themselves of resources in the theatrical community, who I have little doubt would be willing to travel to western Pennsylvania to participate in that process in a positive and supportive manner. And I’m willing to drive the van.
* * *
FULL STATEMENT FROM LLOYD SUH
Regarding the cancellation of my play JESUS IN INDIA at Clarion University, I hope the following statement clarifies my entire position.
My first contact with Clarion was in January, when Marilouise Michel requested a copy of the play and invited me to work on it with her students. Due to other commitments, I was unable to participate, but I did express willingness to let them use the play for classroom purposes without me.
I didn’t hear anything again until late May, when I was informed they were experimenting with the piece as a musical. It is highly atypical to do such work without direct collaboration from the author, so I asked for more information. In particular, if their exploration was simply for private, in-class use, I was happy to let them do whatever they desired. Although I could not participate directly, I was certainly curious what they might discover. However, if their intention was a full production with a public audience, I asked specifically whether they would be able to honor the general ethnicity of the characters.
I did not hear anything else from anyone at Clarion again until October 30, well into the rehearsal process.
I was not informed that a production was taking place.
I was not informed about any casting activities.
I was not informed about any license agreement granting rights to perform the play. It has since been confirmed to me that while negotiations towards an agreement did occur through my agent, no agreement was ever executed, meaning Clarion’s right to perform the play was, in fact, never granted.
Instead, on October 30, I was asked whether I would be able to Skype with the actors. Usually my response would be of course. However, because I had no idea a production was even taking place, my reaction was What?
So I searched online to find out what was happening, and saw photos that seemed to show two of the Indian characters portrayed by Caucasian actors, in total disregard for my earlier query. My agent immediately wrote to Ms. Michel for clarification. Her response on November 2 acknowledged receipt of our previous question on casting, but in her words:
“When you asked, I hadn’t cast the show, and then I forgot.”
On November 9, after confirming that a fully executed license agreement did not exist, I sent an email to Ms. Michel insisting that she either recast, or cancel the production. I absolutely understand that this has caused anger, confusion and disappointment among the actors and crew that had been hard at work on the piece. I do not take that lightly. The students are victims, and the timing of this mess has raised many questions. But the timing was never in my control.
I could not allow the play to be performed with white actors in non-white roles before a public audience. This is not a unique position. It is not strange or radical. It is common industry practice that productions of copyrighted plays adhere to the requirements of the text. In addition, as a writer of color in a field where representation and visibility are ongoing struggles, I feel a responsibility to provide opportunities for artists of color to be seen, and to protect that work from distortion in the public eye. The practice of using white actors to portray non-white characters has deep roots in ugly racist traditions. It sends a message, intended or not, that is exclusionary at best, dehumanizing at worst.
This includes university theater programs, which are a crucial part of the way professional theater is born. We are witnessing a moment on multiple college campuses where racial tensions are undeniable and extremely dangerous. I cannot grant university programs an allowance on these matters that I would never grant a professional theater.
Much has been made of an interview I gave years ago in which I used the word “universal” to describe the play. But universal does not and should not mean white, or the privilege of ignoring race. I wish it were not so difficult to accept that an actor of color, playing a character of color, could convey something universal. To understand that white actors should not be the default option for any role. To recognize that people of color are not simply replaceable.
It was not my intention to debate this matter in public. I attempted to settle the issue privately, but Clarion’s insistence on involving the press and releasing my personal communication has made this statement imperative. I am now grateful for that opportunity, as I hope this clears the air on my intentions, and the circumstances under which this cancellation has taken place.
* * *
Update, November 16 at 12 pm: I wrote more about the cancelation of Jesus in India at Clarion University, and the school’s public relations campaign against such. Read that post by clicking here.
Update, November 19 at 8 am: While it is only one issue in the discussion of Jesus in India at Clarion, and in my opinion notably subordinate to the central issues of artists’ rights and racial representation, I have continued to explore the topic of whether the play had been properly licensed. After conversations with both parties, as well as licensing companies that regularly contract for non-professional productions regarding common practices, I can say that there were some factors which could have led the theatre faculty at Clarion to believe they had licensed the play.
While the totality of the agreement prepared by Suh’s agency required signatures by both parties, a phrase early in the agreement (“when signed by you” as opposed to, say, “when signed by us both”) could suggest that only an official Clarion signature and a payment was required. Clarion maintains that they nonetheless returned a signed contract and made the required payment, which was accepted; the agency acknowledges receipt of the payment but not the signed contract, which is why a countersigned agreement was never returned to Clarion. Short of legal discovery to reveal all communications between the parties, the discrepancy over the sending and receipt of the agreement cannot be sorted definitively.
It is not uncommon for licensing companies – not authors’ agents – to send agreements to non-professional producers, a term which which encompasses academic productions, that do not require a signature and returned agreement at all. An e-mailed contract is considered the legal “offer” and receipt of payment is considered “acceptance” of all terms. However, that was not the case with this specific agreement, which was never fully executed and therefore not in force.
* * *
Howard Sherman is interim director of the Alliance for Inclusion in the Arts and director of the Arts Integrity Initiative at The New School College of Performing Arts School of Drama.