As a result of their quixotic effort to secure the first high school performance rights to Hamilton, Wexford Collegiate School of the Arts’s Hamilton videos drew a great deal attention earlier this month, perhaps as much for being pulled from YouTube than from their short life online. A CBC video about Wexford’s efforts to gain the attention of the Hamilton team remains online, even though it contains material that was otherwise withdrawn from circulation due to claims of copyright infringement. That video has been seen much more widely than the original Wexford videos were, racking up many hundreds of thousands of views after being posted to Facebook by the CBC.

In the wake of the debate over the videos, Ann Merriam of Wexford Collegiate, who directed the Hamilton performances, responded to questions posed by Arts Integrity about the origin of the school’s Hamilton videos, and any public performances of the material. The questions were posed prior to the videos being removed from YouTube, with no anticipation that such action would necessarily take place.

Wexford students perform Hamilton on CityTV

Merriam said that the material from Hamilton was performed four times publicly, once at a show choir festival at the Etobicoke School for the Arts, once at a Benefit for Arts Education, and twice as part of the Wexford Variety Show. In addition to “Right Hand Man,” “Yorktown” and “Burn,” which appeared as videos, the songs “Alexander Hamilton,” “Guns and Ships,” and “You’ll Be Back” (identified by Merriam as “The King”) were also performed. In addition to the performance venues mentioned by Merriam, the students also performed on a program called “Breakfast Toronto” on the CityTV channel.

No specific budget for the performances was broken out by Merriam, who wrote, “Firstly, we are a public high school and don’t track costs by production. This project was all volunteers. I didn’t have any budget since it initially was not part of our programmed year.” However, Merriam did indicate that there were costume rentals both for the performances and for the video shoot (which was separate from the public performances), of “approximately $750-800” each time. In addition, Merriam wrote, “We paid $1,000 to a hip-hop artist to create original tracks.”

She explained that the cost of the rentals for the video shoot was covered by a group of parents from “People for Education,” since it fell outside of the school’s Variety Show activities. As for the director of the videos and the multiple choreographers, Merriam said they were all either volunteers or individuals who work regularly with the school on various assignments for small annual stipends. Approximately $1,200 was spent on equipment rentals for the video shoot.

Admission was charged to the Wexford Variety Show, where the six numbers were performed. Past shows have had a $20 (Canadian) ticket price. The 2016 price has not been confirmed. There were also tickets sold for the show choir event.

Given the furor that arose, there was commentary from many quarters. On the legal front, a post from Adam Jacobs, an attorney with Hayes eLaw in Toronto, was most helpful and informative, especially in regards to where US and Canadian copyright laws may differ. However, Jacobs was very clear about where Wexford had gone awry:

SOCAN’s tariffs do not, however, deal with the performance of a musical work in combination with acting, costumes and sets; these “grand rights,” which include many of the other protectable elements from Hamilton, would have to be licenced from the various creators of Hamilton. This leaves Wexford Collegiate in a scenario where, should they offer to pay the relevant SOCAN tariff to perform the musical compositions, they are able to publicly sing musical compositions from Hamilton, just without the accompanying characters, costumes, dialogue, staging or choreography….

Any reproduction of the Hamilton musical compositions, including any reproduction of the public performance of those musical compositions in order to post the video to YouTube, would require a private licencing agreement with the composer and music publisher….

Note, however, that even if one or more Canadian copyright exceptions were to apply, YouTube will apply American copyright law to determine whether there has been any infringement. It is likely that the US law would provide even less scope for the posting of such videos than Canadian law.

While Wexford Collegiate may have been ill-advised to perform musical compositions from Hamilton and post videos of the performances on YouTube, there were avenues available to the school to engage their students’ creativity while complying with Canadian copyright law.

The Dramatists Guild of America issued a statement on copyright in the wake of the Hamilton videos, without making specific comments about the Wexford situation. It read, in part:

When their work shows up in unauthorized productions, or on YouTube videos, it’s not just a matter of lost revenues. It is an infringement on the very nature of the dramatists’ authorship and a violation of their right to control their artistic expression. Even the non-commercial public use of their work by well-meaning fans, either on the internet or in amateur productions in their communities, can damage a show’s value in various markets, and it is a copyright violation under most circumstances. Most importantly, it undermines an author’s prerogative to decide when, where and how their work will be presented.

Finally, it is important to note that for every online commenter who castigated the Hamilton team for, apparently, asserting their copyright (“apparently” since the show has made no public statement on the situation to date), it seemed there was another commenter who took the students of Wexford to task, often quite unpleasantly, for their appropriation of copyrighted material. But what is clear from Merriam’s detailing of the context of the performances is that this was not a case of students going rogue, either in performing the material or sharing in hopes for more opportunity to perform Hamilton, but rather students participating in activities organized by and sanctioned by their school.

It is no surprise that the students were disappointed and confused when the videos were removed, because they were operating within the parameters they’d been given. Invective serves no purpose in clarifying this situation and bringing forward the proper practice for all to understand and learn from. Clearly that learning must come first for the faculty and administration of Wexford Collegiate, who from this point forward, will presumably operate within the guidelines of Canadian copyright law (and US law, where applicable) in all of the work presented by and at the school. Through them, successive classes of Wexford students must be taught what is and is not permissible, so that ultimately the students can preserve their own rights to earn a living from original work they create now and in the future.

CBC video about Wexford “Hamilton”

One final thought: as the school campaigned for attention, media outlets were, as is their nature, attracted to this story because it involved a hot show and talented kids. Save for the CBC, which acknowledged in its original report that these performances were unauthorized (but still embedded the YouTube videos and created their own from them), there seemed to be little thought by video, print or online outlets as to whether they were distributing material that violated copyright. Since they would presumably fight the appropriation of their own material, it’s a shame that reporters, editors and news directors didn’t look at this situation more critically, before playing a role in disseminating material that was not properly licensed for performance or recording.

Profiles Theatre, Chicago, in 2013 (Photo byEric Allix Rogers/Flickr)

The closure of a 50-seat theatre in Chicago, even one with a 28-year history of production, doesn’t typically become a topic of conversation nationally, let alone a subject for discussion internationally. But the shuttering of Profiles Theatre, announced by website and Facebook posts late on Tuesday evening, is a cautionary tale for anyone who makes theatre. Because Profiles Theatre didn’t shut its doors because of lost funding, dwindling attendance or poor management – the theatre is gone because it had, allegedly, condoned predatory and abusive behaviour on the part of one of its two artistic directors for many years.

On June 8, at 4:30pm Chicago time, the Chicago Reader posted an online story titled: “At Profiles Theatre the drama — and abuse — is real,” written by Aimee Levitt and Christopher Piatt. It was rapidly shared online throughout that evening and well into the next day. Described as being drawn from a year-long investigation that involved more than 30 interviews, the story carried accounts of reprehensible behaviour of Darrell W. Cox, co-artistic director, director and frequent lead actor at the company, which had often been praised by critics as being emblematic of the raw Chicago style. The article detailed a series of claimed transgressions towards women at the company, including allegations of manipulative sexual relationships and genuine physical abuse on stage during performances.

Save for an anodyne statement declining to discuss the charges, Profiles was silent. Two days later, after Penelope Skinner withdrew the rights to her play The Village Bike, which was to be the next production, Cox posted a statement to the company’s Facebook page. Neither materially challenging the assertions nor apologising for his behaviour, Cox bemoaned having been made into a villain, saying that those who knew him best knew the truth. Cox’s co-artistic director, Joe Jahraus, remained silent. Come Tuesday night, whether Profiles was unwilling or unable to offer any counterargument about what had occurred, they were gone. Just a week had passed. On the evening of June 15, responding via email to questions from the Chicago Tribune, Cox suggested his actions had been misinterpreted.

At the same time the main report was published, the Reader’s critic, Piatt, wondered in a separate essay whether he should have intuited an unhealthy culture at Profiles. Several days later, Chris Jones of The Chicago Tribune expressed his own regrets, via Facebook, about his own unwitting role in the Profiles story, a company he had praised often. Several women who had worked at Profiles, but had not been interviewed for the article, came forward, seeming to corroborate the behaviour it described.

The ‘storefront’ theatre community of Chicago, which would certainly be recognised as akin to fringe theatre in London, is intertwined with the larger, more fully professionalised companies in ways large and small companies might not mingle in other cities. Profiles had operated for much of its life as a non-Equity company, only coming under an Actors’ Equity agreement four years ago. While the Equity status offered actors at Profiles recourse against inappropriate behaviour, the Profiles ethos is said to have produced a culture of silence that was apparently whispered in the theatre community, but only emerged fully with the Reader story.

An issue this highlights is about how difficult it is for artists, especially young artists trying to make a place in the theatre community, to come forward when they face established, even acclaimed, artists who are abusing their positions. Further, when artists are working in situations without the protection of union agreements and without a clear place to go for help, they are at a particular disadvantage. The Reader exposé is an important step in empowering people to come forward, so that such a culture isn’t allowed to fester for as long as it may have at Profiles.

Not so coincidentally, an initiative called Not in Our House was begun in Chicago, specifically designed to develop resources for those working in the city’s extensive non-Equity theatre ecosystem. The rumours and whispers about Profiles were part of the impetus for the formation of NIOH, which back in February proffered a draft code of conduct for the non-Equity community, seeking input through crowdsourcing. Since the Profiles situation was blown open, NIOH is hearing from theatre communities around the country, and may well serve as a template for satellites or similar organisations.

In a week when most eyes were focused on the Tony Awards, Broadway and New York, Chicago’s theatre community was convulsed by the Profiles situation, and even with the theatre having suspended operations, any sense of closure is surely still in the distance for so many. But instead of being looked at as an anomaly, the Profiles story needs to provoke more conversation, even in theatre communities that might like to think everything is perfectly fine. Because we never know, until we know.

Wexford Collegiate “Hamilton” video via CBC

On the one hand, it’s hard not to admire the efforts of Wexford Collegiate School for the Arts in Scarborough, Canada, near Toronto. A teacher and her students made as thorough a pitch as possible to be the first high school to produce the musical Hamilton, seemingly having staged several elaborate numbers from the show in their effort to be recognized. While YouTube videos showed a only simple set, the lights, costumes and sound demonstrated how much time and effort was spent trying to get the attention of the creators of Hamilton, with full out performances of multiple numbers from the show.

There’s no doubt that pretty much every high school as well as college theatre troupe in the US and Canada (and perhaps even ones outside of North America) shares Wexford’s desire to produce Hamilton. There are numerous professional venues that are still trying to book the show, be it as a tour or sit-down production, and no doubt plenty of Equity and non-Equity companies would relish the opportunity to perform the musical.

Wexford Collegiate “Hamilton” video via CBC

Of course, Hamilton has connected with young people in a way probably unrivaled since Rent, making the pleas from young people particularly potent. We are living in the time of Hamilmania, as a single musical has captured the interest and imagination of theatregoers and non-theatregoers alike. Everyone wants a piece of Hamilton, or Hamilton itself.

On a practical level, it was always highly unlikely that Wexford’s efforts would succeed. At this point, Hamilton isn’t even confirmed for a professional Canadian debut, let alone a high school one. Performance rights have not been made available beyond official companies derived from the Broadway production. If permission were to be granted uniquely to Wexford, the outcry from high schools everywhere would be deafening.

Of greater concern is that the Wexford videos didn’t appear to be simply demos to make their case. An article from the CBC says, “They’ve [Wexford] already performed an unauthorized presentation of material from the show, parts of which were captured on video.” So there’s more than what YouTubers were seeing? How much of Hamilton was staged at Wexford?

The CBC spoke with the teacher behind the project, Ann Merriam:

“After seeing it the first time, I said to myself, ‘I’m going to see it again, I’m going to tell everyone I know to see it, and I’m going to introduce it to my kids and school and have them perform it,'” she told CBC News in an interview.

Merriam said her school’s performances of the show were “an unbelievably meaningful” experience for the kids.

This suggests something much fuller was presented at Wexford Collegiate, very possibly violating the copyrights of the very artists whose permission is being sought. It’s one thing to work on numbers from Hamilton in a class, but another if what took place rises to the level of performances, even if only in front of the school’s student body. Whether or not the “performances” were advertised or charged for, Wexford may well have crossed a line, and indeed may be teaching some very bad lessons about respecting copyright, even as they were asking permission to produce the show legitimately.

YouTube takedown notice

As of the evening of June 16, the same day the Wexford videos were first featured by the CBC, they were gone from YouTube, due to a copyright infringement claim. So if the goal was to get their appeal noticed, Merriam and her students succeeded, but not in the way they wanted. Perhaps the videos were scooped up preemptively by automated copyright protection services, but the jury’s out.

If much time and money were spent to produce this elaborate pitch, one can’t help but be concerned about the wisdom of the effort at all, both in the allocation of resources and the precedent of performing too much of the material to which the school was apparently fully aware it didn’t have the rights. If either Merriam or the CBC overstated what was actually performed, that’s unfortunate, but since the videos were not parodies or amateurish tributes by a handful of fans, they possibly went too far as recorded material. Arts Integrity both called and e-mailed Merriam before 11 am on the 16th, while the videos were still available, for more clarity on the project, but neither inquiry received a response.

Lin-Manuel Miranda has already said how much he looks forward to seeing Hamilton done by high school students, and you can’t blame Wexford for trying to be the first. However, in the process, the school became an object lesson for other high schools (or any theatre group) thinking of similar gambits, with Hamilton or any show not yet available for licensing. Artists control and are compensated from the works they create through copyright, and violating it is not the way to plead your case.

If you’re looking for critical consensus, you won’t find much of it in the new book The Critics Say…: 57 Theater Reviewers in New York and Beyond Discuss Their Craft and Its Future (McFarland & Company, $35). That’s because the critics interviewed for the book by Matt Windman, himself a critic, have a wide variety of opinions about what it is they do, how they do it, why they do it and whether it will continue to be done.

Rather than devote a chapter to each critic, Windman organizes the book topically, so that even while the interviews were discrete, the critics’ thoughts begin to engage with one another on subjects from “Why We Exist” to “Regrets and Advice” through devised interplay. That’s useful, because transcribed speech often isn’t compelling to read, so by extracting themes, Windman is constantly changing up who is “speaking” at any given moment, creating rather more of a narrative than would otherwise be the case. Windman certainly threw out a wide net and reeled in many of the biggest fish, including both Ben Brantley and Charles Isherwood from The New York Times.

If you go looking for gossip and backbiting in the book, you won’t find a great deal of it. Yes, Isherwood chides “those crazy queens on All That Chat,” and Brantley, who doesn’t use social media opines that it is “largely about” self-promotion. But the book is much more concerned with a sober-sided consideration of the place of the critic in the arts and journalism culture of today, and it provides a strong primer in the thoughts of those who practice criticism – or at the least what they’re willing to share on the record. Oh, there is a brief chapter devoted entirely to Spider-Man: Turn Off The Dark, but even there, the critics use the show as a pretext for discussing the power of critics, or lack thereof, in today’s society.

The book contains countless revealing insights into the minds of the people who shape public opinion of theatre, available almost by opening the book randomly to any page at all. A few choice thoughts:

“The critic is part of the theatre community, but he is the annoying guy at the part who’s telling everybody, ‘You look like shit.’” – Rob Weinert-Kendt, editor of American Theatre

“I tell students it’s a marvelous hobby, but I do not encourage them to pursue it as a career.” – Alexis Soloski, The New York Times, on advice to aspiring critics

“When I was on the Obies committee, I was told (though I think this was tongue-in-cheek) that the standard for conflict of interest is whether you slept with the person. Mine is that I can’t have been invited to their birthday party.” – Helen Shaw, Time Out New York

“One of the hardest critical jobs is the correct appropriation of praise and blame. Did this actor do this? Was it a directing choice? Did this flow from the play? Was the director absolutely doing that? A critic does not see the production process. To some degree the critic is trying to imbue the process.” – Chris Jones, Chicago Tribune

“If there weren’t critics, people would have to depend on advertising. And advertising, by definition, almost always lies…” – John Simon, Westchester Guardian

Having begun my career as a publicist, albeit one who worked mostly in Connecticut, which short stays in Philadelphia and New York, I’ve had the occasion to know a great many critics, and the majority of the individuals in the book I know at least from reading, many from professional interactions and a few I consider friends. I’ve had the chance to discuss, debate and sometimes profoundly disagree with some of the critics in the book. Consequently, I can say that they come across just as they have across telephone line, social media and even a dinner table. Because of the timing of the book in 2016, I do find myself missing the presence of some of the critics with whom I worked most directly, and spoke with most often, from whom I learned so much, all of whom have now passed away: Mel Gussow of The New York Times, Howard Kissel of the New York Daily News and Michael Kuchwara of the Associated Press.

While their absence is inevitable, there are a few major voices missing from the book, for reasons unknowable. While print may be shrinking or even dying, and online reviews are now widely accessible, making more criticism available to more readers than ever before, Mark Kennedy’s voice at the Associated Press has significant amplification and reach, through the many outlets that carry AP copy; he’s not in the book. On the west coast, which is generally underrepresented in the critical mix of the book, Charles McNulty at the Los Angeles Times is a major and influential writer about theatre not only in Los Angeles, but frequently in San Diego and New York as well. And Michael Feingold, the long-time – and once again – critic at the Village Voice has a historical perspective that is unfortunately not heard.

There’s one other voice I wish were included, that of Frank Rich, the former theatre critic of The New York Times, who is named multiple times in the book. Frank, unlike Gussow, Kissel and Kuchwara, is still with us, having gone on to write for the editorial pages of the Times and now as a political columnist for New York magazine (as well as being an executive producer of the TV series Veep). While his days as a designated critic may be gone, theatre has remained a part of Frank’s writing in the two decades since he left his post. His insight would have only added value to Windman’s book.

The book is not wholly New York-centric, with critics from the Boston Globe, Chicago Tribune, Washington Post, Toronto Star and Austin Chronicle included, but it certainly skews to the America’s northeast. So while it’s problematic to draw any definitive conclusions about the critical community from the 57 critics represented, it’s worth noting that there are only nine female critics among the 57, and only two critics within – to the best of my knowledge – who are persons of color, highlighting the lack of gender and racial diversity in the critical ranks overall. The interviews don’t skirt this fact (though one critic mistakenly declares that Hilton Als is the only black theatre critic anywhere), but as an area of inquiry, discussion of how the lack diversity among critics affects audiences and artists is limited. It seems a missed opportunity.

Have I spent too much time talking about what I miss, rather than what’s in The Critics Say? I am perhaps guilty of doing so, but only because I have had the privilege of such conversations throughout my career and the book prompts me to want to ask yet more questions, both with the people in the book and those who aren’t. But that’s where Windman’s effort pays off, in assembling provocative conversations with people inaccessible to most readers and creating a strong platform for yet more discussion. In his preface, Windman cites two previous books that spoke with critics, from 1993 and 2004, but just as I miss hearing the opinions of those no longer with us and those who didn’t participate, perhaps this form of inquiry deserves to be undertaken once every decade or so, for the historical record, as criticism, theatre and the media continue to evolve.

Whatever the fate of theatre criticism is in the next ten years or the next hundred, The Critics Say is a worthy time capsule of where things are right now, and surely required reading in arts journalism and arts management classes. And for those you read theatre reviews and find yourself saying, “Who the hell wrote this?,” Windman’s book offers some answers about who did, and why.

Daveed Diggs, Okieriete Onaodowan, Anthony Ramos and Lin-Manuel Miranda in Hamilton (Photo by Joan Marcus)

When it comes right down to it, the question isn’t whether people will pay outrageous sums of money to see Hamilton. It is who will benefit most from these stratospheric prices.

To be sure, ‘Hamilton’s top ticket increases to $849‘ is an eye opener of a headline, but considering ongoing accounts of people paying upwards of $1,000 per ticket on the secondary market, what such headlines were really taking note of was that the show itself would now be getting more of that revenue, instead of outlets like StubHub and Ticketmaster’s own resale service. With every commercial production having a fiduciary responsibility to its investors, it became almost untenable for the show’s producers to allow that much money to go to other parties, bypassing not only investors but the creators of the show as well.

The producers had previously conducted a repatriation of tickets that appeared to have been sold to scalpers in bulk via automated bots (which I’ve written about before, as has Hamilton writer Lin-Manuel Miranda). The show’s producers say they have now put in place measures to stymie such automated sales going forward, limiting purchases not only by customer but by IP address (which limits sales to individual computers or networks). But whenever there’s a valuable commodity that is scarce and undervalued, and Hamilton tickets have been both, there will be profiteers. Even these measures aren’t going to shut down the resale market. Perhaps it will at least put a dent in Hamilton’s, by reducing the aftermarket profits available.

Reportedly only 200 tickets will be sold at $849 per performance, and when I last went online to buy Hamilton seats a few weeks ago, I was already seeing original sale tickets at over $500. But no matter what, this is still a leap. To counter the inevitably outcry, the producers also expanded the daily online ticket lottery, making 46 tickets per performance available at $10 each, for those able to attend with little notice and the luck of the draw. Also noted was the show’s arrangement with the New York City Department of Education, whereby some 20,000 tickets were made available to schools at about $10 each, with the Rockefeller Foundation underwriting another $70 per ticket, still less than half the original asking price.

But as it has come to symbolise new musical and dramatic styles, as well as an embrace of diverse artists, Hamilton has also sadly come to represent the growing inaccessibility of Broadway, and indeed a great deal of professional theatre, from the widest possible audience. Even recognising the basic economic imperatives of supply and demand at play with Hamilton, it’s unfortunate that theatre has a new round of headlines that reinforce the idea of theatrical elitism and an economic divide, at the very time when so much of the field is waking up to the need for equity, diversity and inclusion on the stage and in the audience. Despite the move’s inevitability, it remains an unfortunate new price precedent. As someone who clearly recalls the outcry when The Producers introduced VIP pricing just 15 years ago, I’m quite sure it won’t be one that stands forever.

The expanded lottery and discounted school tickets notwithstanding, the Hamilton producers didn’t help matters when they made seats from the next block of tickets (January to May) available for exclusive sale for five days to holders of the very top tier American Express cards, fostering an elitism that contradicts the spirit of the show. As for why the tickets then go on sale to everyone this Sunday at 8pm, precisely when die-hard theatregoers begin watching The Tony Awards, it’s simply a mystery.

If the primary motivation behind the new record-setting ticket price for Hamilton was to depress the secondary sale market and undermine scalpers – less than a decade after Broadway industry leaders supported an end to caps on resale markups, helping pave the way to the current scenario – here’s a thought. Maybe some portion of the new revenue (which is at least $60,000 per performance, by my estimate) could fund a new Hamilton Foundation, literally enabling the show to fund its own outreach to communities which could otherwise not attend, perhaps even extending that largesse to other shows without the same means to underwrite discounted tickets. Then the Rockefeller Foundation could support yet other good works, rather than funnelling money to a commercial theatre production, however worthy it may be as art and education and however much it is discounted.

Hamilton was in a no-win situation, and perhaps with time they’ll figure out some new initiatives to balance out the impact of their new pricing structure. But as was the case with Book of Mormon, Jersey Boys and The Lion King, to name just a few, additional productions and time will slowly make it possible for more people to end up in one of the many rooms where Hamilton will be happening, without spending a month’s rent or mortgage payment for the privilege.

Cirque du Soleil’s Paramour (Photo by Joan Marcus)

I never wanted to run away and join the circus when I was a child. This is no doubt due to the fact that I never saw a circus live (I was aware of them through other cultural means) until I was 23 years old. The first circus I ever saw was the Big Apple Circus.

The founders of BAC began as street performers in England in 1974, but within three years they created a circus that quickly became a New York fixture, with a commitment not simply to selling tickets, but to educating young people about the circus – and through the circus – making certain their not-so-big top was accessible to people throughout the city (not just in Manhattan) at reasonable prices. Set up as a subsidised enterprise, it pursued its mission of a one-ring circus with a genuine intimacy that was in marked counterpoint to the famed Ringling Brothers shows that played arenas in the area annually. Last week, a feature by The New York Times laid out a rather dire outlook for BAC’s future, attributed in part to lost corporate group sales in the wake of the 2008 economic downturn. Their 39th season, at Lincoln Center this fall, is in jeopardy.

As it happens, the report came just after Cirque du Soleil’s Paramour opened on Broadway, the company’s third attempt at a sit-down production in Manhattan. Cirque has beginnings equally as humble as BAC, but its trajectory has been markedly different. Over 32 years, Cirque du Soleil has exploded into one of the major brands in entertainment, with shows both touring and playing in purpose-built venues around the world. I imagine, only slightly facetiously, that its beverage and candy sales each year exceed the entire budget of BAC. Since it arrived on the scene, with its distinctive production values and new approach to circus arts, even using the word circus has become old fashioned – there are countless cirques everywhere, and many have never been near France or Quebec.

In 2013, Cirque pared back its staff, as several shows closed or underperformed. At the time, I wrote about not being particularly worried for the company’s fortunes. Like any fast-growing multinational business, it took stock of where it stood and needed to restructure. It’s possible that BAC should have done the same thing a few years ago, or if it did, it didn’t fully anticipate the degree to which its income model was changing due to forces beyond its control. Even as Cirque’s Paramour opened to a welter of mixed to negative reviews, and pulled in only 56% of its potential gross revenue last week, I think the company can weather another shaky New York effort, while the hometown team is in direr straits.

Big Apple Circus (Photo by Maike Schulz)

Despite the divergence in scale between these two companies, I do wonder whether they both haven’t fully faced up to one common issue, namely the nature of their work more than three decades after they began. Each has a fairly distinctive house style that transcends any particular production or season; you could walk me into either BAC or Cirque with no foreknowledge and I could immediately tell you which company I was seeing. But whereas both probably emerged in response to the three-ring spectacle of Ringling Brothers and other circuses in that style, perhaps both Big Apple and Cirque now grapple with their own aesthetic histories. Big Apple hasn’t bowed to the Cirque style or scale, as so many other companies have, while Cirque still offers shows that echo the DNA of Nouvelle Experience, their first show to tour the US. Their efforts outside of those parameters are the ones that haven’t succeeded (such as their Las Vegas Elvis show or their first theatre venture, Banana Shpeel).

In the meantime, yet new iterations of circus have emerged, with my particular favourite being the Canadian Les 7 Doigts De La Main, whose stripped down, jeans and t-shirt style shows place the focus solely on the art of the performer, not on the man in the top hat or the clown babbling nonsense. In its simplicity, it is all the more remarkable. As for merging circus and Broadway, director Diane Paulus (who also staged Cirque’s Amaluna) already did that impeccably with her revival of Pippin, aided by 7 Doigts’ Gypsy Snider. This came after the singular Bill Irwin, both alone and with his occasional partner David Shiner, had created utterly original pieces, including Largely New York, Fool Moon and Old Hats, bringing clowning to new levels of artistry in theatres on and Off-Broadway.

I genuinely hope the charming Big Apple Circus finds the funds to sustain its mission, but uses the opportunity to explore whether its performance template has contributed to its financial decline. As for Cirque du Soleil, whose productions have sometimes thrilled me, perhaps they’ll take the time to ponder their future and realise that bigger isn’t always better – and that Broadway musicals are a unique art unto themselves. Maybe some new creative energies and artists, breaking from the past, can help to sustain these two circuses, both alike in revelry.

The bombshell article in the Chicago Reader by Aimee Levitt and Christopher Piatt, about serially abusive practices at Chicago’s Profiles Theatre, rightly zoomed around the theatre world from the moment it went online on Wednesday at approximately 5:30 pm eastern time. Profoundly troubling to virtually anyone who read it, this account of abuse masquerading as theatre will surely be one of the seminal articles to be read, shared and taught for years to come. It is a cautionary tale about how, under the guise of art and daring, unethical and perhaps even illegal acts can be sustained by those who choose to exploit both the ostensibly safe spaces of creative practice and the unending appeal of theatre for those just looking for a break, any break, seemingly no matter what the cost.

It is impossible to say much more than Levitt and Piatt have already done with their essential yearlong investigation. But there are a few items that have come to Arts Integrity’s attention.

“The Village Bike” withdrawn from Profiles

If one visits the website of Profiles Theatre right now, the company promises a production of Penelope Skinner’s The Village Bike beginning in late August. That production will not be happening, because the playwright has withdrawn the rights. Skinner provided a statement to Arts Integrity via her New York representative, Scott Chaloff at WME. It reads, in its entirety:

When the article in the Chicago Reader appeared, it was sent to me by a number of artists in the American theatre community and beyond it.  Having read the article, alongside their emails, I feel it essential to withdraw the rights of my play ‘The Village Bike’ from that theatre. In light of the serious allegations made against the management, it would seem unwise for a production of this play – or indeed any play – to go on at that theatre until a full investigation has been made into their practices. I regret that it is not always possible from outside a community to hear the rumours of what goes on inside. Thank you to the brave actresses who came forward and to the writers of the article for raising awareness, and for giving the wider community an opportunity to take action.

Arts Integrity was advised that this would be Skinner’s only comment on Profiles Theatre.

It should be noted that in the wake of the revelations, the ad design for The Village Bike, shown above, which under other circumstances might be seen as merely provocative, seems to be further evidence of the pathology at work at Profiles.

Silence from the theatre

At approximately 5:50 pm eastern on Wednesday, Arts Integrity wrote to Larry Larsen, the senior vice prudent of Greentarget, the communications firm representing Profiles. The company had previously been represented by Cathy Taylor PR, a veteran Chicago press office, and it was Taylor who advised Arts Integrity to contact Greentarget. Taylor’s name was still on the Profiles site as the press contact for the theatre.

Asked for comment on the article and the situation at Profiles, Arts Integrity quickly received the following response from Larsen, about 20 minutes later:

I am representing the Profiles Theatre.  As you noted, the article has just appeared.  We are in the process of reading it.  I will respond further once we have reviewed it.

There has been no further response from Greentarget, which is primarily a corporate communications firm. One of the specialties, according to their website is “Special Situation Communication: protecting reputation during the most critical times.” This seems to be doublespeak for what most people would call crisis management. In any event, Greentarget’s strategy to date has been silence.

Should people have realized sooner

In a follow up piece for the Reader, “A critic’s mea culpa, or How Chicago theater critics failed the women of Profiles Theatre,” critic Christopher Piatt publicly examined his own failure to recognize the pathology of Profiles through the kind of work they presented over 20 years, a brave statement on his part, and one that is equally important reading to the main story if the theatre community as a whole is to truly learn from these alleged practices. It should be noted that, in hindsight, beyond The Village Bike image shared earlier, Profiles was either insufficiently self-aware of the image they were telegraphing, or didn’t care, when one looks at some images still cycling on their website from past productions. (Arts Integrity is not reproducing the images, given the unethical circumstances under which they were created.)

The trolls come out to play

Remarkably, in an account that communicates emotional damage and the kind of practices that must be eliminated, there are always naysayers. LA Bitter Lemons, an outspoken Los Angeles theatre site which Arts Integrity’s director challenged over its pay for review strategy about a year ago, has posted a short piece by editor Colin Mitchell which seems, in essence, to “blame the victims” of Profiles for not speaking up sooner. Read it if you must, but given this manner of engaging with a serious problem at one theatre that, unfortunately, is likely happening at other theatres and in the arts at large, Arts Integrity believes Bitter Lemons has gone from bitter to vile, and will no longer give further consideration to writing that appears on the site again. If you do read the piece, be sure to share your comments with the author and, perhaps, the site’s advertisers.

Aftermath

Even before the Profiles situation was revealed, the Chicago theatre community had already begun to come together over abuses in non-Equity theatre through the Not In Our House campaign, which includes a code of conduct. This effort needs to be replicated in communities throughout the country, and Arts Integrity stands ready to support and participate in these initiatives – and to be a vehicle through which artists who feel they have no voice can find support and guidance when it’s needed.

As for Profiles, there is distinct irony that the company has employed the tagline “Whatever the truth requires” in its marketing. The truth requires that Profiles be held to account now that they have been exposed for twisting the theatrical concept of truth to their own ends.

Update, June 10, 10:15 pm: Sometime in the past hour a statement from Darrell W. Cox, artistic director of Profiles Theatre, appeared on the company’s Facebook page. It begins:

On June 8, 2016, the Chicago Reader published an article entitled “At Profiles Theatre the drama—and abuse—is real.” For those who have not read it, I recommend you do so. The article’s overarching message of zero tolerance for workplace abuse is powerful and right.

Unfortunately, I am the villain in the Reader’s approximately 12,700-word article. The article chronicles much of my life since joining Profiles as recalled mainly through selective accounts of three women in my life. Most of the article dealt with people’s views of my work as an actor, director and artistic director of Profiles. But a portion of the article made allegations about my private conduct. Many people who read the article did not recognize the distinction and seemed to believe everything in the article without question.

Cox’s post goes on to express dismay over retribution that has been directed at him and the theatre since the article appeared, and states, “Joe Jahraus and I (Profiles artistic directors) have never and will never condone workplace abuse at Profiles Theatre….All of our actors are here of their own free will.”

It continues:

Unfortunately, the article has made it impossible for me to respond further to the women’s statements in a way that would convince anyone who believes their statements are accurate. I must rely, instead, on those who were and are a part of my life and Profiles Theatre to know the facts.

The statement concludes by asking for a meeting with the leadership of Not In Our House.

It should be noted that the original Chicago Reader article sought Cox and Jahraus’s participation, which was declined. In addition, as noted above, Arts Integrity sought comment or an interview with the Profiles leadership which, after being told a response would be forthcoming, never came; it has now been more than 52 hours. It was not, and is not, impossible for Cox to respond. He has elected not to.

A prophetic image on the Profiles Theatre website?

Update, June 10, 10:55 pm: In addition to the accounts in the article, and Darryl Cox’s Facebook reply, another actress who worked at Profiles, and who had previously declined to speak with the Chicago Reader, has come forward, writing, “I should have shared my story when called for comment.” Her full post can be read here.

Update, June 11, 6:00 pm: In the wake of his essay about the Profiles Theatre, referred to above, Colin Mitchell has been removed as editor of the website LA Bitter Lemons. The site’s publisher wrote that, “Colin Mitchell’s recent article within the Chicago theatrical community crossed from controversial into unacceptable.” Paul Birchall gives a fuller report of the situation wth Bitter Lemons at Stage Raw.

Update, June 12, 6:00 am: Last evening, Chris Jones of the Chicago Tribune wrote on his Facebook page about the Profiles Theatre revelations. He began:

People have been calling for me to comment further on the allegations reported in The Reader. I felt it was important that I speak to the Reader’s reporter, Aimee Levitt, on the record, and I did. Not all of what I had to say ended up in the piece, which is neither unusual nor unreasonable. But I have been asked to say more and am now doing so, speaking only for myself. It took me a little time to re-read everything I had written about Profiles. It does not need liking; there has not been much to like these last 72 hours.

I found the allegations contained in the piece to be exceptionally distressing and painful.

The theater is a place of trust – actors need to trust each other to be able to make great art; audiences, critics included, must be able to trust that what they are seeing on stage is the work of professionals operating in a professional workplace. Those allegations would suggest I took too much on trust, to assume all the actors felt and/or were safe despite the lack of union representation, or some other workplace protections, in the room.

In addition to reflecting on his own writing in response to specific Profiles productions, Jones wrote:

Some of this, I think, has flowed from my longstanding obsession with viewing only the work as it is, in the moment. I’ve always seen that as a fundamental matter of fairness, as a self-corrective against bias. But these allegations serve as a reminder that context must always be considered, perhaps more than I have been willing to admit. Many of the numerous theaters that I have chosen to attend, and those choices have been mine, regularly operate with little or no protections, in a gray area between legitimate employment and an informal interest group with powerful leaders and an artistic product. The piece. for me, raises some questions about whether I should have been in those theaters at all, inviting the public to follow.

If Chicago theaters are to be viewed as professional, they need structures in place to protect their courageous artists who are asked, as part of this art, to give deeply of themselves. Not in Our House is, as most of you know, is working hard on this.

Update, June 15, 7:00 am: In a statement on their website and Facebook page posted late last evening, Profiles Theatre announced its immediate closure.

The headline in London Sunday Times was certain to make anyone who advocates for diversity in the arts sit up, take notice and get quite upset. It read, “Lack of diversity not a problem, says RSC boss.”

Since headlines are written by editors and not reporters, it was possible that the statement was deliberately hyperbolic. But the article by David Sanderson began with three paragraphs that seemed to support it entirely.

“The head of the Royal Shakespeare Company has said he is not worried about the lack of diversity in theatre audiences, adding that he did not want the white middle classes sidelined.

“Gregory Doran said that while it was important that theatres reflected society, he wanted to ensure that the traditional audience had equal rights.

“Doran, artistic director at the RSC where he has worked for nearly 30 years, said that black people would feel that they did not belong when they saw that the entire audience was white.”

That’s as far as people who haven’t subscribed to The Times online, or who couldn’t pick up a print edition could read, thanks to the paper’s paywall. But even those first few paragraphs, deeply troubling though they might be, perhaps should have given all readers pause, since they weren’t quotes, but rather paraphrases constructed by Sanderson, sans context. Even reading the entire piece, as photographs of the rest of the article circulated quickly to defeat the paywall, seemed to support the headline and the first paragraphs.

RSC Artistic Director Gregory Doran speaking at The Hay Festival

It turns out that Sanderson hadn’t conducted an interview, but rather had been cherrypicking a handful of statements from a talk Doran had given at The Hay Festival, and indeed all came in response to a single question from an audience member. That isn’t acknowledged at all in Sanderson’s piece.

Through the RSC, Doran has issued a statement in response:

The Times headline not only willfully misrepresents my view, but entirely reverses it.

Lack of diversity is a huge challenge and one which we at the RSC have taken to the very heart of our programming. There is much more we need to do to address it, but we are at the forefront of efforts to do so.

I made the point that just as Hamlet holds the mirror up to nature, if we hold that mirror up and large parts of our audience do not see their community reflected on our stages, then we are not doing our job.

I want to see the whole of society represented on our stages and in our audiences and I don’t want anyone to feel excluded, whatever their age, class or ethnicity.

The RSC has championed inclusion for many years and I want our theatres to be as welcoming as possible for everyone.

For those who view at this as after the fact spin, it’s worth looking to the same material from which The Sunday Times drew selectively. The actual exchange with an audience member begins by Doran being asked “the recent black production of Hamlet” and the fact that “most of the audience was white. Does this worry you?”

“Does it worry me?” replies Doran. “No, I don’t think it worries me, but it is a really important thing. Hamlet, in the speech we were just talking about, talks about holding the mirror up to nature. Now if we, a national Shakespeare company, are holding the mirror up, and the audience see their reflection and that audience is entirely white, then a black kid watching that might go, ‘Well obviously I’m not meant to be there.” He then relates a story about a friend who had recently taken the train to Stratford, sharing a carriage with a group of black students who were “buzzing with excitement” to see the Hamlet, “Because somehow their faces were being reflected on that stage.”

“I think it’s really important that we have the whole community, that we reflect that community. That’s not just black actors. Actors of British East Asian origin have very much less visibility than the black actors do. But it’s growing and it’s really important that it does continue to grow.”

Ayesha Darker and Chris Clarke in A Midsummer Night’s Dream at The RSC (Photo by Zuleika Henry)

After noting the casting of Ayesha Dharker as Titania in Erica Whyman’s recent RSC production of A Midsummer NIght’s Dream, Doran continued:

“I think it’s important that we reflect the communities that we want to enjoy our productions as well. That is not to say those of us who are white and middle class, or whatever our education backgrounds are, don’t have the equal right or shouldn’t feel that we’re somehow being sidelined, because it’s very important to make sure that the whole balance of the community is addressed.”

The moderator, unidentified in the video or on the BBC iPlayer site, wraps up Doran’s comments by saying that, “Cultural ownership belongs to everyone.”

Was Doran’s statement in support of diversity on stage and in his audience as definitive as some might like? No. He might have said that he was in fact worried about diversity, rather than parsing words. Should he have invoked the term “equal right” when speaking about sustaining his traditional core audience as he advances diversity? Those important words do not speak clearly to a wholly inclusive audience, but suggest that the existing audience has some ownership that they might be losing in the push towards diversity, playing to those who want to advance a racial divide. Could he have cited more examples of diversity on stage than the Hamlet production or the casting of Dharker? That would have been helpful, especially in light of his own 2012 production of The Orphan of Zhao, which saw an almost entirely white company performing an Asian story.

But the entire exchange on diversity took less than three minutes, because the event was only an hour long; the question came 56 minutes in, and on balance, it was supportive of diversity at The RSC. There’s no question that if Doran is committed to diversity, he needs to be better at expressing that commitment unequivocally every time it comes up, planned or by chance, in addition to demonstrating it at every turn with the choices he makes for the company, both in developing the audience and through the artists he chooses to create the company’s work.

In this case, it seems clear that David Sanderson and The Sunday Times were out to make trouble for Doran and The RSC. While they might have raised a stir, they spun it out from the thinnest of material and their insinuations and misrepresentations shouldn’t be allowed to stand as the final word on the subject.

Howard Sherman is director of the Arts Integrity Initiative at The New School College for Performing Arts and interim director of the Alliance for Inclusion in the Arts.

While much will be written about the passing of Muhammad Ali, he does leave us with a theatrical footnote. I’m speaking of his single Broadway role, as the lead in the musical Buck White. Oscar Brown Jr. directed (with Jean Pace) in addition to adapting Joseph Dolan Tuotti’s play Big Time Buck White, and writing the lyrics and music. It lasted only five days in 1969, during the period when Ali had been suspended from boxing due to his refusal to join the Army and fight in Vietnam.

It’s interesting to note that while he had taken on the name of Muhammad Ali several years earlier when he joined the Nation of Islam, his Broadway appearance ultimately saw him billed by his earlier name, which he had denounced as his slave name, Cassius Clay, though ‘Muhammad Ali aka’ appeared in smaller type above it. He had also recorded an album, I Am The Greatest, as Clay.

While the review in the New York Times for Buck White carried a sub-headline which declared that “Champion Does Himself Proud in Musical,” the Times critic Clive Barnes, who generally didn’t care for the show, was somewhat more guarded in description of Clay/Ali’s performance in the review itself, writing, “How is Mr. Clay? He emerges as a modest, naturally appealing man; he sings with a pleasant slightly impersonal voice, acts without embarrassment and moves with innate dignity. You are aware that he is not a professional performer only when he is not performing.”

Although it was promised on the title page of the play, there is no evidence that a cast recording of Buck White was ever made. However Ali’s performance was partially preserved thanks to The Ed Sullivan Show, which featured a number on its then dominant Sunday evening broadcast:

https://vimeo.com/76187446

There’s also footage of Ali performing a number from the show, possibly in the theatre or perhaps at another venue. Intriguingly, there are cuts to another character who seems to almost unmistakably be played by the original Man of La Mancha, Richard Kiley, even though Kiley didn’t appear in Buck White. The footage is found in a documentary about Ali, and the voice of a narrator, an interview clip with Ali and even some offstage footage, punctuate the clip.

https://www.youtube.com/watch?v=HgD24xmkP7E

Ali made a very few other forays into acting, but never again on stage. He played himself in the poorly received bio pic The Greatest, as well as appearing as himself on an episode of Diff’rent Strokes. He did play one more dramatic role, co-starring with Kris Kristofferson in the TV movie Freedom Road.

Ultimately, Ali expressed himself best as himself… in the ring, in his often hilarious interplay with sportcaster Howard Cosell, as an entertainer who sometimes spoke in verse, and as a man who spoke and traveled constantly as a messenger of goodwill and philanthropy. His greatest role was that of Muhammad Ali, and he was sublime.

Patrick Page and Damon Daunno in Hadestown (Photo by Joan Marcus)

Walking into most theatres, the experience is much the same. At one end of the space, ornate or otherwise, there is a box, which will contain the play you’re about to see. It may be open to view, it may be shielded by a curtain, but we know the box is there. Thrust stages and theatres in the round, while rarely curtained, have their defined footprint, and to a degree the audience becomes the box, surrounding the first setting of the play. Of course, environmental or immersive productions blow up these divisions entirely. But we grow used to the parameters of a given space, of our relationship to the stage, if we visit performances with any regularity.

That’s why one of the more enjoyable experiences of visiting Off-Broadway’s New York Theatre Workshop is its willingness to alter the space entirely from show to show. While plenty of productions there fall in with the prescribed model, others play with the audience/stage relationship so often that entering the small East Village theatre can be a complete surprise. Right now, there is a three-quarter oval seating space, echoing a Greek amphitheatre, for the musical Hadestown. It’s a fitting choice, since the show is a modern retelling of Orpheus and Eurydice, drawn from Anais Mitchell’s album.

For Ivo van Hove’s Scenes from a Marriage, the seating and playing spaces were trisected in Act I, with the audience moving from space to space, before a mid-show makeover removed all scenery and stripped the house to the walls, changing what was noticeably reduced into something seemingly vast.

For the US premiere of Caryl Churchill’s A Number, the theatre’s seats were placed on to steep scaffolding, putting one in mind of a vintage operating theatre.

By upending our expectations the moment we walk into a theatre, a show begins to exert its pull, and while it may be lost on newcomers, regular visitors have a special insight. Of course, NYTW is a 200-seat Off-Broadway theatre, and while its reimagined settings involved significant and singular construction, it’s not the same as if they had 1,000 seats. That said, even Broadway shows try to realign our relationship with the stages – the big boxes – from time to time.

Seating chart for Natasha, Pierre and The Great Comet of 1812

The seating charts for the upcoming musical Natasha, Pierre and the Great Comet of 1812 caused a stir when they were posted online because they looked less like the map of a theatre and more like a particularly challenging version of Snakes and Ladders. Neat little rows remained in some places, but what were those yellow squares? The grey dots? The blue dots? The gentle ‘s’ making its way through the centre of the stalls? The white striped curvatures jutting out from the mezzanine? They were ramps, chairs, tables and more, all designed to add a fluidity to the Imperial Theatre that evoked the environmental intimacy of Ars Nova, where the show began, and the large tent where it played extended runs both in the Meatpacking District and just off Times Square.

Broadway has certainly played with seating occasionally in the past. Hal Prince’s 1974 Candide comes to mind, as does the mid-Act II transformation of the Winter Garden Theatre for Rocky. The short-lived Holler If Ya Hear Me created stadium seating in the Palace Theatre, building up from the stalls so that the seating flowed in the front of the mezzanine, leaving a good portion of the stalls area blocked off and empty. Fela removed seats to allow the actors to cross through the Eugene O’Neill Theatre and pass among the audience beyond the standard aisles.

As exciting as the reconfigurations can be creatively, they can be expensive – and not simply to build. If seats are removed to create a new dynamic, that’s revenue lost, and especially on Broadway, with seats selling above $150 each for musicals, you can be talking at least $1,200 in lost revenue per seat per week, provided the show is selling well. While it appears that Great Comet has added onstage seating, and may well be netting out with greater capacity, Holler If Ya Hear Me surely reduced the overall earning potential with its redesign. Obviously, this is a matter for careful budgeting, and negotiating artistic goals with the hard facts of economics.

As an audience member, I delight in the unconventional; as a theatre manager, I find myself pondering what that lack of convention cost, and whether it might make the show’s path to fiscal success more difficult. At least in subsidised settings, grants may rebalance the books (NYTW hasn’t lost a single seat for Hadestown). But as audiences come to desire ever more interaction in their live experiences, whether at the theatre or theme parks, and as virtual reality nips at the heels of a discipline that has long offered the benefit of having always been in 3D, breaking out of the box and erasing the proscenium divide seems ever more essential, even if our largest and most popular theatres may be the least suited to making that happen.