If one looks around the website of The Neil Simon Festival, a yearly theatre event held in Cedar City, Utah, there’s a list of donors to the company. On that list are seven entries at the $100+ level. But the list is perhaps some 30 short, because that’s the approximate number of unlisted individuals who sent $150 to the Festival last year.

While the $150 sent by those people isn’t described by the Festival as a donation, it effectively is one for all but a single person. The $150 figure is derived from the submission fee playwrights are asked to provide as their entry fee to the Festival’s New Play Contest, now in its ninth year. While the Festival notes that every submission receives a written evaluation as part of the company’s response, it is not a fee for service. Playwrights are not offered the opportunity to submit and not receive an evaluation.

Richard Bugg, founder and executive producer of the Festival, said in a call with Arts Integrity that the $150 submission fee was new as of last year, markedly increased from their prior figure. He said it has had the effect of decreasing the submissions, from nearly 100 scripts to somewhere in the 30s. The deadline for the 2019 contest is 11:59 pm on February 1, so there is not yet a final count for this year.

Asked about the fee, which is notably high compared to other play competitions and workshop programs, Bugg explained that the fee is waived for any college or university that chooses and submits a single selection, though he said that none had done so. The Festival’s website states:

The entry fee is used in three areas: a) to help defray the cost of travel and lodging for the playwright, b) payment to our contest readers for their professional expertise, and c) contest administration (photocopying, advertising, etc. but not salary).

Bugg specifically said that the fee helps to underwrite payment to Douglas Hill, who reviews most of the scripts and writes the critiques. Bugg said that Hill is, “magnificent in looking at the structure of scripts and making suggestions.” The payment also helps to pay other reviewers engaged by Hill as needed. Bugg said he also reads all of the finalists’ scripts.

Hill also spoke to the effect of the submission fee, in an e-mail response to questions from Arts Integrity. “We have received as many as 120 submissions in some years, and as few as 20 in other years,” he wrote. “Unfortunately since the contest is less than 10 years old, and with the recent changes to the contest, it’s a little difficult to provide you with a good approximate number.

“We use it to some degree to weed out,” said Bugg. “We get a higher degree of script that way.” However, Bugg allowed that perhaps some worthy scripts might not be submitted due to the expense.

The season at The Neil Simon Festival, an independent not-for-profit organization, is short, only three weeks this coming year, with two shows a day five days a week, and with most actors performing in multiple roles akin to classic repertory format. The winner of the new play contest first receives a six-day staged reading in the year in which it is selected, and is then produced, for three performances, during the subsequent season. In 2019, that play will be I Left My Dignity in My Other Purse by Shelley Chester.

Asked whether the Festival was familiar with Dramatists Guild guidelines regarding play festivals and contests, Bugg said that he was not. Ralph Sevush, Executive Director for Business Affairs of the Guild, when informed of the $150 submission fee, provided the following guidance from the Guild’s best practices guidance:

BEST PRACTICE: The organization does not require a submission fee.  Furthermore, the organization imposes no other obligation on the author or encumbrance on the work (e.g., ticket sales, participation fees, technical rentals, hiring fees, marketing, or other selling obligations), except for do-it-yourself (“DIY”) productions. The Guild has long disapproved of excessive submission fees, which not only undermine the benefit of any “award” or “royalty,” but also impose financial hardship on the author. Any other authorial obligations should be clearly noted up front; this is particularly true for DIY and similar festivals that require authors to self-produce their works.

Regarding payments to the authors when their winning works are performed, Bugg said that there were none. The playwright receives transportation and housing during both visits. Bugg explained, “There’s no royalties. Just being in the season is reward in our eyes.” Bugg did make clear that other playwrights in the Festival, including the Simon estate, are paid royalties.

The Neil Simon Festival, now in its 17th year, is admittedly a small company, operating on a budget of roughly $300,000 per Bugg. While Hill wrote, “We’re probably best defined as a professional non-Equity company,” that assertion is undermined by a casting notice from the Festival. The notice stipulates availability from June 3 to July 29 in Cedar City and 4-5 weeks of subsequent performance in Park City and Ivins, also in Utah. Regarding compensation, the website says only that, “Housing is provided along with a modest stipend.” Bugg noted that while he and several of the other leaders of the company are members of Actors Equity and do perform in the Festival, “We don’t do contracts for ourselves.”

That the Neil Simon Festival operates a new play contest in which playwrights are asked to pay a fee far above the typical competition, that the selected playwright receives no royalty for their work being presented to a paying public, and that actors are essentially volunteering for an entire summer’s engagement stand as three red flags about the company. These simply are not prevailing industry standards. Professionals are paid for their work.

That the company leadership – Bugg, Hill, and artistic director Peter Sham – all teach at the university level (Bugg and Sham at Southern Utah University and Hill at University of Nevada Las Vegas) also raises questions about the professional standards they are imparting to their students, separate from their Neil Simon duties. The encouragement to “work” for little or no pay runs contrary to the practices and expectations that should be instilled in aspiring artists. The suggestion that playwrights of new plays should be rewarded simply by virtue of being produced undermines the perceived value of authors’ creations. Actors shouldn’t be grateful for a place to sleep, petty cash, and stage time. High submission fees emphasize economic disparity among artists, making it possible only for those of means to enter competitions that require a significant outlay (very possibly diminishing the range and caliber of submissions and the program in the process).

When the clock strikes midnight on February 2, the Neil Simon Festival’s  Play Contest entry period will close. But hopefully with some serious thinking resulting from outside scrutiny, the leadership of the company will rethink the economic model under which they function and the messages they communicate through their operating model. Perhaps they can use it to leverage more funding, locally or nationally. Because however great the experience may be for those involved, exorbitant fees for contest entrants and free labor by actors don’t add up a professional experience. It ends up costing the artists to be involved, even as audiences pay in order to see that work. And that’s no laughing matter.

Priscilla Lopez in Pippin (Photo by Joan Marcus)

The recent laws passed by the states of North Carolina and Mississippi, which condone discrimination against LGBTQ citizens under the guise of religious freedom are, so far as I’m concerned, a national shame. That other states have attempted or will soon attempt to pass similar legislation is frightening. I can only hope that these decisions will be swiftly challenged, taken to the supreme court, and repealed as unconstitutional.

Composer and lyricist Stephen Schwartz, known internationally for his work on, to name but three, Godspell, Wicked and Pippin, shares this opinion. He has used his platform as one of musical theatre’s most successful living artists to express his dismay: in the wake of the North Carolina decision, which came first, Schwartz announced that he would not permit the licensing or production of any of his works in that state so long as this law remains in place. Decrying the passage of HB2, as it is known, he compared his action to the boycotts undertaken against South Africa over apartheid.

While I saw numerous artists praising Schwartz online through social media, I also saw the response from theatres in North Carolina, who were concerned that a cultural boycott of their state might have minimal effect on their elected leaders, while denying works to a community that is predisposed to oppose the law. Angie Hays, the head of the North Carolina Theatre Conference, issued a statement in which she said her organisation has been in contact with “artists and producers from across the country who are asking how they can most effectively play a part in lifting up the NC theatre community so that we may continue to produce work that will open hearts and change minds.” In a letter to The Hollywood Reporter, Schwartz, in his second statement, said that his decision wasn’t singular, citing “a collective action by a great many theatre artists.”

As I write, based on news reports and my own conversations with the heads of several theatrical licensing houses, only one author (Tom Frye) beyond Schwartz’s own collaborators has joined him in placing a moratorium on his work in North Carolina. Ralph Sevush, executive director for business affairs at the Dramatists Guild, which represents the majority of playwrights and composers in the US, said in a statement that the guild itself “cannot call for or support boycotts, as a matter of law. However, even though the guild represents writers with divergent views, the guild is unified in supporting Stephen’s right to exercise control over the licensing of his work in whatever manner he deems appropriate.”

There is, I have no doubt, a great deal of conversation about how to respond to these loathsome laws at theatres, at dance companies, at orchestras and so on, and a prevailing unanimity in despising these decisions. But as is so often the case in the early days of a crisis, there is no consensus about how to combat it, either within North Carolina and Mississippi, or nationwide. If more and more works are denied, will theatres in North Carolina, and presumably in Mississippi, reach a point at which their creative decisions are truly constrained? Does stage work in these states rise to a level that will become meaningful to legislators, or will it stand in the shadow of major commercial interests, who have the scale and the economic power to sway policy?

Like Sevush from the Dramatists Guild, I absolutely support Schwartz’s right to make decisions regarding his own works. At the same time, I worry about the health of theatres in these states under these new regulations, at a time when they can be centres of opposition to HB2, by doing what theatre does so well, which is to teach empathy. In addition, even if they won’t be doing so on stages in these battleground states, I like to think that Charlemagne’s son, who renounced war and sin, that the Jesus who once wore Superman’s logo on his chest, and that the misunderstood green girl from Oz are on the ground there nonetheless, fighting the essential fight against bias and hate. Because we need every voice, real and fictional, to speak out and sing out as well.

Last night, I was extremely flattered and honored to receive the second annual Dramatists Legal Defense Fund’s “Defender” Award, for my work on behalf of artists’ rights and against censorship. My remarks were fairly brief (I know a little something about brevity and awards presentations, even when there isn’t an orchestra to “play you off”), so for those who have expressed interest, or may be interested, here’s what I had to say, following a terrific and humbling introduction by playwright J.T. Rogers, my newest friend.

I feel as if this evening is a classic Sesame Street segment, because as I see my name alongside those of such great talents as Annie Baker, Jeanine Tesori, Chisa Hutchinson, Charles Fuller and my longtime friend Pete Gurney, I can’t help feeling that one of these things is not like the others, one of these things doesn’t belong, namely me.

That said: I am honored more than you can possibly know to receive this recognition from the Dramatists Legal Defense Fund and the Dramatists Guild, because I have spent the better part of my life in the dark with your stories, your characters, your words and your music, and my life is so much better for it.

My efforts on behalf of artists rights and against censorship began, four years ago, in what I merely thought was one blog post among many. My awareness and understanding has evolved significantly over that time. I am asked sometimes why I think there is so much more censorship of theatre now, and I’m quick to say that I know this has been happening for years, for decades; all I have done is, perhaps, to make some people more aware of some of the incidents, and to try to address them in greater depth than they might have otherwise received.

I think the same is true of unauthorized alteration of your work, sad to say. All I’ve been able to do is call more attention to it, in the hope of warning people off from trying it ever again. It is an uphill battle.

I want to thank John Weidman, Ralph Sevush and everyone who is part of creating the DLDF for giving me this honor, and to thank the Guild for being my partner and for welcoming me as your partner in these efforts. I want to thank Sharon Jensen and the staff and board of the Alliance for Inclusion in the Arts for allowing me the latitude to address these situations as they have arisen in the 18 months I have been part of that essential organization. I want to thank David van Zandt, Richard Kessler and especially Pippin Parker for making it possible for me to professionalize this work as the Arts Integrity Initiative at the New School for Drama; I look forward to working with all of you through that new platform. And I especially want to thank my wife, Lauren Doll, for so many things, not least of which has been tolerating the late night and early morning calls with strangers around the country, often high school students, and the furious typing at all hours, whenever someone reaches out to me about censorship or the abrogation of authors rights.

I accept this award less for myself than for the students, teachers and parents who stand up for creative rights, in places like Maiden, North Carolina; South Williamsport, Pennsylvania; Plaistow, New Hampshire; Wichita, Kansas; and Trumbull, Connecticut, among others. If they didn’t sound the alarm, we might otherwise never know.

I should tell you that when I’ve visited some of these communities, I have had people come up to me repeatedly and tell me that I am brave for doing this work. ‘But I’m not brave,’ I tell them, ‘You’re the brave ones. I have nothing at stake here. You do.’

Indeed, I am not brave. What I am is loud. I will shout on behalf of theatre, on behalf of arts education, on behalf of creative challenge, on behalf of all of you here and all of those artists who aren’t here for as long I have a voice. And those of you who know me are fully aware that it’s very hard to shut me up.

My congratulations to tonight’s other honorees and thank you again for this award.

“First, let’s define what we mean by ‘changes’.”

Hands on a Hardbody at Houston’s Theatre Under The Stars

This statement came up not once but twice in my conversation with Bruce Lumpkin, artistic director of Houston’s Theatre Under The Stars and director of their current production of the musical Hands on a Hardbody. The comment arose when I asked Lumpkin specific questions about my communications with Hardbody creators Amanda Green and Doug Wright. Green, who attended the show’s opening at TUTS, detailed a fairly extensive list of alterations to the musical, none of which had been discussed with the authors or their licensing house prior to production.

[I should note from the outset that I was first made aware of the authors’ concerns by Bruce Lazarus, executive director of Samuel French, which licenses the show. He reached out to me because of my prior writing on the subject of authors’ rights and because we know each other from my one-year tenure in 2012-13 on the Samuel French advisory committee (two meetings; $500 total honorarium). I say this by way of full disclosure.]

Having attended the opening night of Hardbody at Lumpkin’s invitation, Green described to me her experience in watching the show. “They started the opening number and I noticed that some people were singing solos other than what we’d assigned. As we neared the middle of the opening number, I thought, ‘what happened to the middle section?’” She said that musical material for Norma, the religious woman in the story, “was gone.”

When the second song began, Green recalls being surprised, saying, “I thought, ‘so we did put this number second after all’ before realizing that we hadn’t done that.” As the act continued, Green said, “I kept waiting for ‘If I Had A Truck’ and it didn’t come.” She went on to detail a litany of ways in which the show in Houston differed from the final Broadway show, including reassigning vocal material to different characters within songs, and especially the shifting of songs from one act to another, which had the effect of removing some characters from the story earlier than before. She also said that interstitial music between scenes had been removed and replaced with new material. Having heard Green’s point by point recounting of act one changes, I suggested we could dispense with the same for act two.

Hands on a Hardbody on Broadway

When I asked Lumpkin about the nature of changes to the show. His response was, “I didn’t change lyrics, I didn’t change songs, I didn’t change dialogue. I only changed their order.” In response to my query as to why he felt he could make such shifts, Lumpkin cited having seen the show twice on Broadway and having seen the running order of songs as printed in the program each time differing, in addition to yet other song rundowns on inserts to the program.

“I thought that perhaps maybe I could put together a different order thinking that perhaps if they don’t like it I’ll put it back,” said Lumpkin. “There was no new vision for the show. It was just a matter of the order of the songs in the show. I knew there was a possibility they wouldn’t like it. I was totally upfront.”

Had he notified the authors or the licensing house in advance? “I guess I didn’t. I didn’t think changing the order with them coming [to the opening]. It wasn’t like cutting a number.” He continued, “I’ve done a lot of this before. I did this with Stephen Schwartz and Charles Strouse on Rags and they worked with me. But in that case it was about cutting some subplots and characters. When we did Godspell, I told Stephen Schwartz that the song order was kind of arbitrary and he let me work with it.”

I asked Lumpkin whether he would have made any changes to Hardbody, which he said he did over three days only after rehearsals had begun, if none of the authors had accepted his invitation to the opening. “Probably not,” he replied. “I wasn’t trying to reinvent the wheel. The only struggle they had was the order.” When I asked how he knew of the author’s “struggle,” he once again cited the various song lists he’d seen when attending the show on Broadway.

Lumpkin also suggested that there was some discrepancy between the score and the text he received, saying such things were common with licensed works. When I asked, “Did you ask for clarification from the source?” he responded, “No, I don’t think I’ve ever done that. I take their source material and we figure it out on our own.”

Hands on a Hardbody at Houston’s Theatre Under The Stars

Noting that I was asking a pointed question, I inquired, “Having signed a license agreement for the show, did you believe you had the legal and ethical right to make the changes you did?” Lumpkin declined to answer. But as we concluded our talk, he said that he knows how the authors feel, saying that he too had done original shows.

“I didn’t think that moving four numbers was a big deal. We’ve changed it back and I don’t think anyone in the audience knows the difference. Except me.”

However, Green had pointed out that opening night was also a press night. “He can say it can be turned back,” observed Green, “but it was already being reviewed that night.” And she clearly differs as to the extent of the changes.

Describing her post-show conversation with Lumpkin in Houston, Green says, “When it was over, I was flabbergasted. I had been planning to go to the cast party, but I couldn’t. Bruce came over to me and said, ‘I know you’re mad and I know you hate it, but you know it works better’.” Green continued: “He was pressuring me to make a decision and say I liked it. So I left.”

Green says she asked why Lumpkin hadn’t asked for permission and described his reply as, “He said he wanted to surprise us. He said the show wasn’t working at all.”

Describing her conversation with Doug Wright and their collaborator Trey Anastasio subsequent to seeing the show, Green said, “We wanted to have our show as written. We’d spent years building and honing it and had very specific character-driven moments. People didn’t just say things. We carefully crafted the show. We were taken aback and dismayed by his [Lumpkin’s] lack of respect and regard for copyright laws and our material.”

In response to a series of e-mailed questions about the changes as reported by Green, Doug Wright wrote, “I was stunned, especially because the changes were so egregious.” But because he hadn’t seen them firsthand, I asked him what he hoped directors and artistic directors might learn from the liberties taken with Hardbody at the outset of the short (June 12 to 22) TUTS run.

“Most playwrights welcome the rigorous, insightful interpretive choices that good directors routinely bring to their work,” Wright responded. “But authorial choices are ours, and ours alone. When I write for the movies, I do it with the knowledge that my words may be rearranged, changed, or even stricken; the studio pays me a small fortune, and in exchange, they hold the copyright to my work. In the theater, I’m paid next to nothing for a play…but I get something even more philosophically and artistically valuable: ownership of my own writing. I live with the assurance that my scripts won’t be altered in any way without my blessing. That’s the one reward the theater can truly offer writers.  It should never be taken away.”

As it happens, TUTS is doing another Samuel French property later this summer, The Best Little Whorehouse in Texas. When I asked Lumpkin about a change that French’s Lazarus said had been proposed to the licensed script, he responded, “When they did the second national company [of Whorehouse], they put in the song “Lonely at the Top” which isn’t in the script now, but which was also added to the first national tour. It wasn’t a change. I talked to Pete Masterson about putting it back in the show and he said it was a great idea. I called Carol Hall and she said, ‘that’s a terrible idea’ and so we aren’t doing it.”

Hall’s account, via e-mail, differs significantly from Lumpkin’s matter-of-fact version.

The Best Little Whorehouse in Texas on Broadway

“‘Lonely At the Top’ was a song inserted into the show, written especially for a much beloved TV star (Larry Hovis) who was from Houston and was playing Melvin P. Thorpe in the Houston company. It was never in the Broadway production and was not meant for any other, only the one with Larry Hovis.

“In a telephone conversation a number of months ago, on another matter, Bruce Lumpkin asked how I would feel if the song were used in the up-coming TUTS production of the show. I told him I had never liked the song particularly, since it was never really necessary, and had only been put into the show because the authors had at the time wanted to accommodate Hovis, who had a large TV fan base. I told him I did not want the song to be in the show.

“Recently I heard a rumor that the song, in fact, was going to be in his production, so I called him to remind him he didn’t have permission to use it. Literally, in the first five minutes of the phone call, he became very upset, began to shout and claimed that I had told him he could “do whatever [he] wanted” with it. He was extremely arrogant and disrespectful and reasonable conversation was impossible, so much so that I eventually just hung up, something I’ve never done in any professional situation before.”

*   *   *

Having not seen the production of Hands on a Hardbody in Houston, let alone having watched it with script and score in hand, I can’t adjudicate independently how the show there on opening night differed from the written version. When I asked Lumpkin why he thought the authors were asserting that sweeping changes had been made, he simply said it hadn’t happened. But there’s no question in any account that the show was altered by Lumpkin without any permission given by the authors, or even sought by TUTS. Despite his repeated statements to me about how wonderful the show is and how well it’s playing with his audiences, to my mind, protestations that reordering a musical does not rise to the level of “changes” strike me as semantic disingenuousness.

Given my prior writing, I won’t restate my conviction about authors’ rights, which align very closely with those expressed by Wright. While I have been challenged by theatre artists from other countries over my fealty to the concept of authorial primacy in many types of theatre, while artists in this country have suggested that I am hiding behind unfairly restrictive copyright law, I have been trained from the beginning of my career to honor and respect authors’ words (and music), and I remain unswayed by other arguments.

I also do not believe it should be incumbent upon authors and their representatives to endlessly travel the country insuring that their works have not been altered without authorization; it is impractical if not impossible. In fairness to Lumpkin, he wasn’t exactly trying to slip his changes by with the hope that no one would notice; he wouldn’t have invited the authors if that was the case. But even if his goals were as well-meaning and admiring as he claims, he didn’t take any initiative to confer with the authors about his intent, and showed his revision to audiences and the press before the authors could even consider his take on their show. That the author of another show asserts Lumpkin’s aggressive stance on a requested and denied change starts to suggest a troubling pattern at TUTS. It will certainly bring the company under greater scrutiny, but it should also serve as notice to other theatres and other directors that authors don’t take changes to their work lying down and that their rights will be asserted.

I have to ask: why risk conflict, why face extra expense, when communication and collaboration might yield the desired result? And let’s face it: I was able to get in touch with Green and Wright within three hours time. A professional theatre company is certainly capable of doing the same.

*   *   *

Addendum: June 20, 12:15 pm Subsequent to this post being published at approximately 10:30 am, the Dramatists Guild issued a statement (read it in its entirety on the Guild site) recounting accepted professional practices regarding scripts, saying that the statement would be sent directly to Bruce Lumpkin at TUTS. It reads, in part:

Fortunately, most professional theaters respect authorship and the standards of the theater industry (and their own contractual obligations) by either asking for permission to make changes upfront or staging the work as written.  They don’t want to run afoul of the licensing agents, nor do they want to bear the extra financial burden of having to stop performances and restage a production, or to endure the costs of litigation. Nor, we imagine, do they want to earn the enmity of playwrights everywhere, who have made ownership and control of their work the core value of their professional lives.

But there are some theaters that take a different tack in this regard. Those theaters engage in the practice of rewriting shows they present without authorial approval, in direct violation of the theater’s contractual obligations and industry standards. The Dramatists Guild of America, a national association representing the interests of over 7000 playwrights, composers and lyricists worldwide, vehemently and unequivocally objects to such illegal practices.

When we become aware of such a theater, we keep apprised of the theater’s ongoing activities and report on it to our membership and their representatives. We hope that writers, agents and publishers will consider this information when deciding whether or not to issue licenses for any works they represent.

Addendum: June 20, 3:15 pm The Dramatists Guild provided me with a copy of a letter they have sent to Theatre Under The Stars, detailing the unapproved changes made to Hands on a Hardbody. Following the listing of infractions, the letter, signed by Ralph Sevush, Executive Director, Business Affairs, continues:

When caught in blatant breach of this contract, it has been reported that you still have only partially restored the play for its few final performances, with the cast having little time to rehearse the changes, and are still including some unauthorized alterations.

And you have done all this begrudgingly and unapologetically, with a history of having done so before…

Addendum: June 20, 3:35 pm: Samuel French Inc. has now sent a cease and desist letter to Theatre Under The Stars. In the letter, Lori Thimsen, Director of Licensing Compliance at French, states:

As a result of your breach of contract, Samuel French hereby revokes Theatre Under The Stars’ license to produce Hands on a Hardbody. Accordingly, demand is made that you immediately cease and desist from the advertising, promotion, presentation and performance of any production of Hands on a Hardbody, cancel all remaining performances and confirm your compliance with this demand in writing to the undersigned no later than close of business today, Friday, June 20, 2014.

Four performances remain in the scheduled 10 performance run, one tonight, two on Saturday and one on Sunday.

Addendum: June 20, 8:15 pm: Theatre Under The Stars released a statement to BroadwayWorld.com which reads as follows:

TUTS has found itself in a last minute contractual dispute that prevents the continued performances of HANDS ON A HARDBODY. We regret this unexpected occurrence and we thank you for your support of TUTS and our Underground series.