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Schedule C for the Theater Freelancer

April 13, 2009 By: Nick Keenan Category: In a Perfect World, Infrastructure, productivity, Tools

If your income stream is anything like mine, you kind of feel a one-two punch at the end of the tax year for simply being an artist in America (though clearly Canadians also have issues). Most theaters don’t employ artists on a full-time basis, nor do they pay a lot. Assembling an artistic income means 1099 / Independent Contractor income and that means no matter how little money you make and how close to the real, scary poverty line you are: you’re in business for yourself now. You get to file a schedule C and pay self-employment tax. The punch that you feel is the realization: I already GAVE my financial stability to theater… now I have to give again because it actually paid me less money than it took for me to survive?

Ah, doesn’t whining make you feel better? I recommend a good whining / coffee / bite your pillow break every half hour or so while doing your taxes.

Before I get started: This is not meant as a catch-all tax guide, nor should you use it as one. I am not a CPA. I am also writing this in 2009, and the tax law changes every year, sometimes drastically. Think of this as a catalyst for your own personal investigation and deeper understanding of how the tax code applies to freelancing artists. If you’re looking for an artist-friendly CPA, I highly recommend getting one locally via word of mouth. I’m also a little “too little too late” for this year, so hopefully this will help serve as a guide to help you capture the information you’ll need for next year. Those of you in the Chicago still in need of help area could also file an extension ASAP (most CPAs are only taking extension clients right now) and look to @rockstarcpa, aka Martin Kamenski of Collaboraction Theatre.

So the trick to Schedule C is the claiming of deductions – expenses – that legitimately offset your as-yet untaxed income and prove to the IRS (in terms it understands) that no, I’m eating Top Ramen for crying out loud, I didn’t turn a $14k profit this year that you now need to tax me for. You’ve accrued more expenses than you may think in the pursuit of your artistic work, which is why it may feel so ridiculous that you’re being taxed on this income. After all, the money is gone now, right?

Hopefully not, actually. In preparation for your next year, make sure you find some way of imposing a rule on yourself that you squirrel away a certain amount of each check into savings over the course of the year or pay estimated taxes at the end of each quarter. The first way, you keep the interest, the second way, the government does. Either way, you’re talking about a couple packets of Starbucks VIA, so do what makes you happy. It makes the tax crunch a lot less stressful to deal with when you’re only worried about filing paperwork rather than hustling for scratch to pay the tax man.

So about those deductions. I use my debit card almost all year long rather than cash. It’s really annoying for splitting the bill, but I find that getting a receipt for everything is both a good budget reminder and takes care of my paperwork for me. I sort and file these receipts all year long into deductible and non-deductible expenses in a little coupon file like this one, one for each year. Best part about the folder? It’s a deductible office expense. I also keep track of my budgets, expenses, and anticipated freelancing income using the cheap and pretty useful online software Buxfer. It’s easy to tag transactions into pre-sorted deduction categories, and balance my checkbook from my iPhone. The upshot of all of this: You’re going for a stress-free tax season. That’s much easier to achieve when you do all the sorting and filing work in little easy chunks all year long rather than in one chaotic panicked mess on April 14th.

These are the deductions I track:

Business Meals. Not every meal, but every meal that I took because I was discussing work related to my 1099 income: Production meetings, design meetings, interviews, planning sessions, all that jazz. It always ends up being a bigger percentage of my meals than I expect. You only get to deduct 50% of these expenses, but the collaborative art of theater often makes us go out together to chat when we could be bringing a sandwich from home, so it’s a cost of doing business. I always write who I was meeting with and what we discussed on the receipt or in a Buxfer note, because you can be sure I won’t remember later.

Office Supplies
For a designer, this can be a pretty big expense. For me, it’s CD-Rs and play binders, for some it’s model building or drafting supplies. In the paperless age, however, it’s nothing compared to the allure of…

Resume and Job-seeking expenses
Oh yeah. Headshots. Portfolio expenses. Kinkos. Anything you spent looking for work, and especially for you performers, that’s a lot a lot a lot of potential deductions.

Section 179 Depreciation
This one is cleverly titled to be as confusing as possible, but it roughly translates as a deduction for the full cost of medium-term assets (Computers, hard drives, PDAs, Software) that you bought this year. Since these assets often die after 3-5 years, Section 179 allows you to depreciate and thereby deduct the entire portion of these assets that you use for business in a single year. Needless to say, if you own a computer or hard drive or seven that you use exclusively for business, as I do, this is the golden child of deductions.

Business Travel
If you’re lucky enough to get regional or even national work, you probably don’t need my advice. However, this can be a useful deduction. Taxis, Hotels, Travel Meals, Parking Fees and Plane Fare are all deductible in the pursuit of the almighty dollar. Track ’em.

Business Mileage & Use of a Personal Car
No, you can’t deduct your regular commute, so get that out of your head. But if you’re freelancing and go to a different location to work, that is deductible, as are Taxi fares and Parking costs that you incur for freelance business purposes. (For instance, my “day job” source of W-2 income is downtown, so when I park there as part of my regular commute, I do NOT get to deduct those expenses, but if I travel to Wisconsin to design a show, I DO.) What the IRS would like here in your records is odometer readings all year long, which I find to be an unsustainable practice when you use your car for both personal and business use. The key here is specific written records. I find myself keeping a really good calendar record of everywhere I go day-to-day, so I cross reference round-trip mileages for a number of theaters in the suburbs where I work with my calendar. A simple spreadsheet later, I have a table of about a dozen places I drove for business over the year and the number of times I drove there, and voila: a pretty close estimate of my business mileage. Also, if you really want to make the IRS happy, make writing your odometer reading into a dashboard notebook an annual New Years tradition. How they want you to do this and while also not drinking and driving is something they leave up to you.

Professional Research & Subscriptions – This is something you should definitely talk over with a professional, but I encourage you to track your expenses here, whether or not you can deduct them. Artists spend a lot on research in the course of the year. We see other shows and buy tickets, we go to awards ceremonies and trade shows because we it’s good for our career. We rent movies and purchase books and music and all kinds of art to investigate dramaturgical history or artistic technique. Actors and dancers need to maintain themselves physically, so a gym membership is a reasonable business expense. If you spend money on it because you’re using it as research or material for your work, it is deductible. Be reasonable now. Your Nintendo Wii is probably not helping you with your flexibility all that much.

IRA Contributions – Why pay taxes when you can be saving for poverty-in-retirement? You ain’t gonna be a ballerina forever. Another benefit I’ve found about squirreling away some of my 1099 income is that it means I have a glut of savings that I can throw into a traditional IRA at the end of the year… some of which will actually increase my refund at the end of the year. Stocks are also in the toilet this year, which means that unless the economy really falls off a cliff your donations will go farther when the economy rebounds. Check with an accountant about the pros and cons of traditional vs. Roth IRAs… They are DIRT simple to set up online. I was surprised.

Other deductions you should track closely:

Tax Filing Expenses including software, filing costs, and CPA professional fees. I guess this is how the government absolves themselves of the guilt of making the tax code so complex that you need a professional to file if you have a non-traditional relationship with your employer.

Credit Card Interest on Business Expenses ONLY sometimes.

Cellphone Usage for business purposes – as with all personal / private usage, deduct business usage only.

Professional Dues & Fees – I got my IATSE Union Card this year. It was espensive, but it’s quite the deduction.

Charitable expenses – Track all your donations of materials to 501(c)(3) organizations, and make sure you get a donation letter for the agreed-upon value of your donated goods. Update: thanks to @rockstarcpafor this catch: You cannot take a tempting, tempting deduction for donated time to an organization. Donated goods and materials only. Also, do not deduct political contributions or anything that you received a benefit in kind for, like that CD I got with my NPR donation this year.

State, Local Taxes and Registration Fees – Different states allow you to deduct different taxes, so this is definitely one you’ll want to investigate more. For instance, Illinois does NOT allow you to deduct annual car registration fees, other states do.

Home Office
This is one that every CPA and tax software warns you that it’s like playing with Audit fire, and I tend to agree with them. However, it’s a huge potential deduction IF you have a dedicated space of your home that you use exclusively for business. The concept here is: figure out the percentage of square footage in your home that you use for your home office, and then deduct that percentage of your home expenses: Rent, Utilities, Mortgage Interest, Association Fees. This is an oft-abused deduction, so handle with care and seek specific advice to your situation. Remember too that you can deduct 100% of any office-related expenses like furniture that you use entirely for business purposes. Getting the trend here? Do not deduct your personal stuff, DO deduct your business stuff, the rest is just capturing and estimating the relative value of each. If you own your home, there are also some long-term ramifications to using the home office deduction.

One thing that’s really important than can be confusing when using tax software like TaxCut or TurboTax: Most business deductions can EITHER be deducted on schedule C as business deductions OR you can deduct them as part of your itemized deductions offsetting your W-2 tax-withheld income. Obviously the advantage is to apply deductions as much as is appropriate off your Schedule C income, since the standard income deduction is pretty healthy on your W-2 “day job” income. And be careful when moving column A to column B that you don’t accidentally deduct expenses in both places, because that of course is a no-no.

See? This is SIMPLE. Taxes are EASY for EVERYONE to do, especially artists whose livelihoods neatly fit into predescribed non-corporate deductible behavior like BOTTLED WATER DELIVERY. I am being SARCASTIC.

I’m gonna wrap up with a little bit of social commentary about an often-overlooked, but significant deduction that I think artists would be more vocal about if they had ever heard of it. It’s called the “Qualified Performing Artist Deduction” and it’s a doozy. It’s so obscure and mostly useless that most CPAs I consulted in my early theater years had never heard about it. If you are “Qualified” for the deduction, you are allowed to deduct all your job-related expenses IN ADDITION to the standard deduction, even on your non-schedule-C income. However, to qualify you need to jump through some gut-wrenching hoops that I wouldn’t wish on anyone:

– You need to have made a minimum of 2 $200+ performer-related W-2s during the year
– Your performing-related deductions must have been 10% or more of your income
– Your adjusted GROSS total income cannot be more than $16,000 for the year – and married couples taking the deduction must not have a COMBINED income of $16k in a year.

Here’s where I get incensed… that $16,000 limit is awfully close to the poverty line, and don’t get me started about not doubling the limit for married couples. I’m glad truly starving artists can actually take this deduction, the problem is all those folks who are still starving and make more than $16k in a year. The limit on this deduction – as far as I can gather – has not been amended to adjust for inflation since the Tax Code was overhauled in 1986, as similar deductions are on a regular basis, although Sens. Schumer and Feinstein attempted to in 2006. So bully to them. It’s such a weird tax code exception – an exception literally made for only one kind of worder – and so on the one hand it’s one of the only tangible examples I can think of where the government has actually tried to treat performing artists differently and give them a leg up. On the other hand that assistance is so half-hearted and I’m sure politically unstable that a prerequisite for that leg up is that you chop the leg off first.

This article was sponsored by @marebiddle, who not only bought me a cup of home-made Kona coffee that fed the adrenaline drive required to write a post on tax code, but also specifically requested that I follow through on it with a simple “Please…”. Thanks, Mare, and good luck!

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The quickest way to participate

February 26, 2009 By: Nick Keenan Category: Community Building, In a Perfect World, On the Theatrosphere

Curious about joining in World Theatre Day festivities, but don’t know what you want to do yet? Start with this:

Just read the following as part of your preshow announcement before your show on Friday, March 27th. It is this year’s World Theatre Day International Message, written by Augusto Boal. Pass it on.

All human societies are “spectacular” in their daily life and produce “spectacles” at special moments. They are “spectacular” as a form of social organization and produce “spectacles” like the one you have come to see.

Even if one is unaware of it, human relationships are structured in a theatrical way. The use of space, body language, choice of words and voice modulation, the confrontation of ideas and passions, everything that we demonstrate on the stage, we live in our lives. We are theatre!

Weddings and funerals are “spectacles”, but so, also, are daily rituals so familiar that we are not conscious of this. Occasions of pomp and circumstance, but also the morning coffee, the exchanged good-mornings, timid love and storms of passion, a senate session or a diplomatic meeting – all is theatre.

One of the main functions of our art is to make people sensitive to the “spectacles” of daily life in which the actors are their own spectators, performances in which the stage and the stalls coincide. We are all artists. By doing theatre, we learn to see what is obvious but what we usually can’t see because we are only used to looking at it. What is familiar to us becomes unseen: doing theatre throws light on the stage of daily life.

Last September, we were surprised by a theatrical revelation: we, who thought that we were living in a safe world, despite wars, genocide, slaughter and torture which certainly exist, but far from us in remote and wild places. We, who were living in security with our money invested in some respectable bank or in some honest trader’s hands in the stock exchange were told that this money did not exist, that it was virtual, a fictitious invention by some economists who were not fictitious at all and neither reliable nor respectable. Everything was just bad theatre, a dark plot in which a few people won a lot and many people lost all. Some politicians from rich countries held secret meetings in which they found some magic solutions. And we, the victims of their decisions, have remained spectators in the last row of the balcony.

Twenty years ago, I staged Racine’s Phèdre in Rio de Janeiro. The stage setting was poor: cow skins on the ground, bamboos around. Before each presentation, I used to say to my actors: “The fiction we created day by day is over. When you cross those bamboos, none of you will have the right to lie. Theatre is the Hidden Truth”.

When we look beyond appearances, we see oppressors and oppressed people, in all societies, ethnic groups, genders, social classes and casts; we see an unfair and cruel world. We have to create another world because we know it is possible. But it is up to us to build this other world with our hands and by acting on the stage and in our own life.

Participate in the “spectacle” which is about to begin and once you are back home, with your friends act your own plays and look at what you were never able to see: that which is obvious. Theatre is not just an event; it is a way of life!

We are all actors: being a citizen is not living in society, it is changing it.

If you want to do more than this, check out the ideas being cooked up at the official ITI Worldwide site and the plans set forth by our unofficial but still-kickin-butt blogosphere action committee.

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WOTFW, kids.

October 22, 2008 By: Nick Keenan Category: Chicago Theater, On the Theatrosphere

OMG OMG OMG!

Chris Biddle, local improv gunslinger and Victory Gardens staff member, just shilled in a kind of amazingly personal way for Radio Lab, using his true-to-life story of how the mind-warpingly awesome podcast became a pivotal moment in a recent romance – as a riveting 15-minute pledge drive speech.

The story is one I share. Radio Lab will make you fall in love again with being human.

Also, TOC this week has picked up on the fact that Radio Lab is actually theater – or at least a very theatrical kind of storytelling – on the radio. New media crossover, anyone? Jad Abumrad and Robert Krulwich are two folks to emulate in their mastery of taking complex issues in the sciences and humanities and breaking them apart like a juicy pomegranate, making their shows both digestible and rich. I’ve got my tickets for the Radio Lab appearance at Victory Gardens on Monday, where they will perform their documentary on the various guerrilla radio performances of War of the Worlds through the decades, right after my all-nighter changeover moving MDQ to the Apollo.

And holy cellists from heaven, Zoe Keating will be there to play live, tense, underscore.

I. AM. GOING. TO. DIE. FROM. HAPPY.

(seriously. do not miss this show.)

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One Step Forward, Two Steps Knocked Back to the Stone Age

May 12, 2008 By: Nick Keenan Category: Uncategorized

Thanks for the link, RZ.

The Chicago Promoter’s Ordinance is up for a vote, and it includes a new requirement for insurance that could be devastating to small event promoters. It’s aimed at the music industry, but since they’re aiming a legislative bunker buster, this kind of legislation inevitably impacts small theater venues as well. From what I understand in the ordinance, it looks like the legislation is so unclear that it may be another situation where some Chicago Theaters get thrown into aKafkaesque licensing limbo, and some may wrangle out of it politically. Looks like some larger theaters already have, like the Auditorium and the Chicago theater – which have both wrangled an exception for venues of over 500 seats.

Exclamation Point.

Glad the big guys got the hand up, and the notice. Well played.

This vote goes down WEDNESDAY, so let’s get informed, get the word out, and take whatever action you can … now. Three major resources to get informed: The ordinance itself is posted on Jim DeRogatis’ blog on the Sun Times site, there’s an an excellent TOC interview with Alderman Scott Waguespack and the lobbyist site on the promoter’s side, savechicagoculture.org has some specific calls to action.

Waguespack claims that this will only saddle most performance venues with a $700/year insurance bill. He clearly hasn’t seen my annual budget and how devastating even that expense can be. I can produce certain shows for less than $1000 – so it may mean that I produce one fewer show a year.

Sometimes the transparent-as-dirt Chicago machine system of doing business works for the art, and sometimes it hobbles us with poorly written legislation. And theaters are rarely prepared enough to spring into action with the three days notice we receive.

So let’s spring.

And since Chicago has an Olympic proposal in, any words of support from national international readers on the SaveChicagoCulture.org comments section are welcome. Chicago’s leadership is new to the whole international community idea, and they tend to listen to outsiders before they listen to, you know, constituents.

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The Designed Reading

May 04, 2008 By: Nick Keenan Category: Teachable Moments, Tools

I’m digging the concept of the designed reading right now. Just ran one, and New Leaf and Side Project both have something along those lines in the works. It’s like not baking the whole cake, but instead taking the batter you have and making cute little cupcakes with just a dollop of frosting. And they fly off the shelves.

There’s something about that forcibly abbreviated process of rehearsing and doing a quick and dirty design for a one-off reading that creates the right kind of energy. Design choices get spare, slim. Performers and Designers both improvise in the moment, and the audience can sense that palpable uncertainty… and they rally behind any brazen fearlessness that the performers adopt to get through that uncertainty.

They make a great low-cost fundraiser, and they make a good atmosphere for an appreciative audience – the party or cabaret atmosphere can be molded into some pretty entertaining formats that really make for a good time that perhaps means a little more.

I think the audience is willing to go a little further when they know it’s a crazy one-time only event – like a reading of experimental material with just a bit of design to give the piece some weight, or a 24 hour play festival. That willingness opens them up when they’d normally close down. Just check out these faces, standing and kneeling and curled up on the lobby floor:

Oh, and seriously: Thanks and thanks (and thanks). I am freaking humbled by comments like these, when people are moved to speak up for me. I’m enough of a loudmouth as it is. It’s no secret among my friends that I was gunning for a “They Wuz Robbed” nod from TOC this year – as far as I’m concerned, if Grant Sabin won it, it’s the best award in town. It’s also incredibly exciting to me that Jess H., Jared M. and The Dining Room WERE recognized this year, and Steve P. is up for a Soundy Jeffy for Faster. These are people who I believe in, because I’ve seen what they can do with that support.

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We Have Ignition

March 23, 2008 By: Nick Keenan Category: Collaboration, Community Building, projects

The blogs of the theatrosphere weren’t the only things lighting up last week. This weekend alone I have been in touch with six movers and shakers who are all choosing now as the time to start cross-theater initiatives. That doesn’t seem like a coincidence to me, friends. They’re all in early stages, but they’re all incredibly exciting collaborative projects that you and your theater needs to get in on:

1) An IMDB for Chicago Theater. The CTDB? Dan Granata’s list-making of Chicago Theaters isn’t a vanity project. It’s about creating a tool to explore the network of connections that we have, and harvesting value from those connections. Since succeeding in theater often comes down to who you know and who knows you, such a tool can’t be underestimated. I’ve talked about this project before, but it’s starting to roll now… The relational database may now be jumping to the web, where it can team up with eager volunteers: That’s you, friend. Some possible benefits from such a site:

a) The ability to allow users to find and explore their own connections that lead them deeper into the detail of the industry. Did you like Kaitlin Byrd’s performance in Girl in the Goldfish Bowl? Well now you’ll be able to quickly and easily find out what else she’s been in and what she’ll be in next. This is a key feature that speaks to fostering local talent – it will be a way to provide the context of career to the specifics of a single performance.

b) Accountable user reviews. You can see the greatest challenge facing a theater simply by listening to the conversations in line: No one – NO ONE – sees a show unless it comes recommended by someone they trust. Some people trust certain critics, certain playwrights, directors, or theaters, and that’s been the answer so far. Well, let’s follow Amazon’s lead and allow user feedback to determine recommendations of other shows – shows maybe you’ve never heard of – but nonetheless are related to your interests. Step one: allow everyone to be a critic, and have “critic pages” where you can see EVERY user critic’s collected reviews – and determine for yourself whether you trust the glowing praise or the angry vitriol.

c) It’s built by the community, so it will serve the community. This is our challenge as web architects, and I think we’re up to it: It needs to be simple as sand to put up your own history and forge your own connections. It needs to be as fun and rewarding as friending people on facebook – with the added benefit of connecting you with local folk who are interested in seeing your work – and having their interests reflected in your work. And it’s worked before: as Bethany of Free and Cheap Theatre has told me, even after nearly two years of being offline, there is still a vibrant community of people who clamor for a service like they had before with Free and Cheap Theatre. It just needs to be built sustainably. To me, that means the community – not any single individual – needs to build it as it uses it.

d) Insert your idea here. The database we’re planning will be extensible, that is, able to incorporate future ideas and applications. If it relates to the information of theater in chicago, it can probably be stored, analyzed and capitalized upon. From an ethical standpoint, this means that needs to belong to the community, not a private enterprise. Many theaters in the past few weeks have discovered the joys of the Facebook Page to promote and analyze a core fan base, but have any of them considered where facebook’s ad revenue goes to? (hint: it’s this kid and his stock holders.) My personal feeling is that this project could not only “build the pie” of the theater going artist, but also feed a revenue stream to fund other projects that benefit the theater community in Chicago. This ain’t no money making venture, but if it takes off it could serve to help and benefit the people that use it.

2) Shared storage space and resource sharing for multiple theaters. This idea took off when two interested mid-sized theaters with a common problem (excess waste due to a lack of suitable storage, and high cost of props, furniture and costumes) decided to team up. I won’t name the theaters quite yet because the production managers initiating the project have boards they have to answer to, and this project is well in the “any-misstep-could-kill-it” phase. Also, it’s late and it’s Easter, and they’re not checking their email tonight… But our face-to-face is happening in a week or so, and already five other theaters have declared interest in the project.

Essentially, the proposal is: Pool our resources. As Joe, production manager for the largest theater involved, put it: “We have to throw out enough lumber every season to build 30 Side Project and New Leaf sets.” At the same time, Joe’s theater has very little access to props sharing arrangements like the one that the Side Project has with its visiting artist companies like LiveWire and DreamTheatre, so its prop budgets need to be pretty high. By creating a community storage facility with a unified organization and internal rental agreement, theaters can pool their money, throw out less, and find what they need with a minimum of headache.

Because it isn’t as free as data, this is the project that could be helped the most by the involvement of a community. This is a project that would need to be sustainable and financially solvent. It’s already clear that renting a space of the size required on our meagre budgets alone would be foolhardy, so the project needs eyes, ears and minds that can collectively work out some of the key details: Is there a donor who has a warehouse and is eager to take a mother of a tax break for the benefit of nearly every theater in town? What’s the best way to organize all these props and costumes? Where does the labor come from? How do we protect the rights of property for small theaters in such an organization? How would we resolve disputes if a valuable property is needed by multiple theaters at the same time? The answer may well be: Let every theater deal with their own storage solution, (UHaul here we come! Oy!) but we won’t know unless we really ask the question.

Here’s the best part about all three of these projects: You can start helping now, even in the “twinkle in our eye” stage. I’ve set up an online forum through this site (now with Sidebar action!) where you can help roadmap these projects, adding your input, suggestions, wishlists, feedback, resources, and reality checks every step of the way. After trying a number of formats, I’ve landed on the phpBB forum as the best existing method of getting a large community to collaborate on a project with a minimum of digression. I’ve also setup forums for other existing projects like Don Hall’s Off Loop Freedom Charter, because if you see someone pushing a rock up a hill… well, let’s help him out.

Also, this forum is meant as a practical and local companion to Theatre Ideas’ TribalTheatre Forum – which is a rich exploration of the theories behind the Theater Tribe ethos that is inspiring many of these projects. It’s not that theory, coordination, and action should be at all divorced from each other, but sometimes the conversation needs a little more focus.

There are two words that are still ringing in my head from the dozens of blog entries about the value of theater: “Communal Imagination.” Those two words formed a call to action that landed with me and many other artists interested in deepening their connection with this community, and this is the action: community-driven projects that are the result of community-driven imagination.

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Great Expectations

February 29, 2008 By: Nick Keenan Category: Community Building, In a Perfect World

Well, well, it’s a public brouhaha!

It’s not really in the purview of the adrenaline dose that is the TimeOut Chicago exposé to sort out the dust and mud that gets kicked up in the process, so I’m glad that Patrick over at BackstageJobs has already started to explain some more of the background of TOC’s article this week on the Bailiwick’s rosy picture of its own financial woes and those of us who cried foul. This was a conversation that Tony started in response to a a few weeks ago, and has been picking up steam as a story ever since. And don’t read me wrong here – I’m thankful also to Jake Malooley and TOC for doing what they do best – shining the light down in the ugly boiler room of Chicago theater we’d rather forget about and not being afraid to break down a few doors to get down there. I’m just saying now someone’s got to repair the hinges, is all.


What has happened since the initial volley of public venting is a general agreement among several of us mentioned in the article that this kind of issue doesn’t simply exist at the Bailiwick – it’s an industry-wide problem of theaters that are taking advantage of the semi-pro semi-volunteers that work for them. And it’s very rarely a case of the big malicious theater exploiting the unsuspecting artist. It’s more about the consequences of willful ignorance. Most theater managers, Zak included, have the absolute best of intentions and they truly believe they are providing artists with opportunities and reasonable access to the industry. This is a problem of miscommunication leading to unintentional exploitation.

From my own experience, the Bailiwick was one of the first theaters I worked at in town for a single reason: they post jobs constantly, and at the time they came up pretty high on a google search for “Chicago Theater Companies.” That makes them a very appealing theater to someone who doesn’t know the scene and is, as I was, green, green, green. I had a rough, confusing experience there, but I was paid what I was promised. A later production I remain unpaid for, but in the scheme of things I don’t really care about the money, and I won’t be knocking on Zak’s door to collect, ever, thus completing the skip-to-my-loo solution that Zak proposes:

“I wouldn’t be surprised and I wouldn’t be angry,” he says. “If someone says to me, ‘I had a $100 check and I couldn’t cash it,’ I would say, ‘Oh, my God. Let’s go get it cashed. Let’s solve it.’”

One of the reasons I never made a big deal about that particular fee is that I’m largely at fault for not being paid – I never insisted on a contract before performing the work. I was even hired on the Bailiwick’s behalf through another artist, and David and the business manager at the time weren’t even involved in the conversation, and that’s my fault for continuing to work without a written agreement. More experienced theater artists and vendors don’t make this mistake – most of the people I’ve talked with that do business with the Bailiwick and frankly, most theaters, are on a 100% – 50% COD policy with them before work is performed and goods are delivered.

There’s another big reason I’ve never gone collecting – I’ve made that lost dough back in indirect trade. In an industry as poor on cash flow as this, we cannot underestimate the power of trade to solve disputes. I’m no longer angry at Zak, which is one of the things I tried to communicate to TOC before the article came out. I’m glad the conversation happened, but I want to make it clear that this needs to turn into a conversation about best practices for every theater and freelance artist in town, not simply one theater company that has a bad reputation. As Patrick says, bad reputations will come and go. The ANGER came from a very specific and recent incident of not $100 but $3000 that he owed a close friend of mine, putting that friend in serious financial trouble for several months. Since the blog conversation but before the TOC article, David has made amends for that debt. I know that David’s capable of great and honest generosity… one of the things I mentioned to TOC is that David was directly generous to my own theater – the Bailiwick loaned us a dusty and unused lightboard free of charge for several of New Leaf’s productions, including our breakout show The Permanent Way. I don’t know what we would have done without that board for that show, and that was more than worth walking away from a couple productions unpaid.

I don’t relive all this to add fuel to this particular fire – I mention it because one of the ancillary skills that all theaters and freelancers need to get together and develop right away is the ability to write, read and live by contracts for all work done in any theater, before that work is done, and no matter how small the producing company. If we want Chicago Theater to be anything but a well-intentioned golem chewing up emerging artists and young companies in a cycle of missed reimbursements and shabby rental spaces, we all need to get really specific about what we expect from each other, and we need to have a fair and equitable mechanism to hold companies and individuals who don’t follow through on promises accountable. Too often the contract discussion becomes about money, and I think it’s unrealistic to limit agreements to that in theater – it needs to be about all our resources – time, equipment, in-kind donations, space, working conditions – everything we rely on.

We’re all about quickly converting lessons and theory to calls to action on the blogosphere these days, which I think is pretty sweet. Here’s what I’d say is a call to action that can is fair to new theater immigrants and the Bailiwicks of the world and will even the playing field a bit:

1) Insist on a contract for work that you do, even if unpaid. If a company doesn’t give you an agreement, write it for them. Don’t just bitch about your past grievances – write them down in a sample contract and map out things you’re willing to put up with for the art, and things you’re never willing to put up with. Some examples:

  1. I will not put up my own money for show materials and be reimbursed later – if I agree to procure goods to aid the production, I will be provided with funds from the company before the purchase is made.
  2. I will be paid half of my fee no later than a week before opening, and the remainder of the fee at strike
  3. I will be provided a safe place to store my valuables
  4. I will not be expected to go up on a ladder
  5. Tech week notes will be given to me in a timely fashion – no later than 12 hours before they are expected to be implemented in the production
  6. Company is responsible for equipment or property donated in-kind to the production run, and will be liable for $XXX replacement cost in the event of theft or damage.

You know, whatever it is you need to do your work safely and happily. It’s your contract. You decide what goes in.

Some clauses may not fly in any given agreement – but both parties will know what to expect from each other, and disputes will be more easily resolved, because they’ll be resolved calmly before the pressure is on. That’s the beauty of a friendly and simple legal document.

If a company or individual isn’t willing to draw up a simple one-page contract, or if they find it unnecessary – that’s your first sign right there that maybe they won’t be willing to follow through on other promises they make to you, like paying you – or paying you back.

normal_fgw_337.jpg2) Under no circumstances should you rent space from a company without first reviewing a contract, inventory of provided equipment and services. I actually think that boilerplate agreements for all rental spaces in Chicago should be transparent enough to go right on the public League of Chicago Theaters Wiki, allowing theater companies a clear comparison of what renting each space entails. Aside from the dough involved, these agreements should include clauses regarding:

  1. Hours of Operation, AND all hours available to a rental company
  2. Noise levels permitted
  3. Dressing Room square footage and conditions
  4. Box office services or space provided
  5. Lighting & Sound Inventory in working order
  6. Heating & Cooling regulations
  7. Trash removal

3) Both of these kinds of agreements taken together can accomplish something kind of extraordinary for a small theater – taken together, they quantify the costs, time, and human resources required to produce a show. As any grant writer will tell you, that’s a difficult number to pin down and it’s invaluable when justifying more funding for your theater. Letters of agreement provide a buffer of understanding and that can pay off in load in and tech week. Too many small companies will try to shoot the moon and go into a production without knowing exactly who will staff the box office or who will take out the trash. That’s the kind of oversight that will make your artistic team really cranky, and that’s not good for the art.

4) You’re not going to get it right the first time, that’s why contract negotiation is a skill and not something you cut and paste off the internet. Give yourself some time for a nice healthy post-mort after every show you do, and work the conflicts and the confusion into your next contract. I keep a word document on my computer, and I’ll just add a line when a behavior becomes unacceptable to me. I’m getting to the point where I’m going to add “Sound Designer will be provided with a simple and stable tech table in the space for load in and tech,” because I have an array of computers and hard drives that will get damaged if they’re sitting between the seats. Or, maybe I’ll just suck it up and get over it… and buy a table myself that I take with me (Tax write off, anyone?). Either way, I’m working happier, my equipment is less likely to be damaged and I’ve taken the responsibility I’m comfortable with taking for my own working conditions. I’ve made it easy on the theater that I’m working with, but that also means I’m more likely to get aggressive if they renege on paying me on time. Patrick’s example for being aggressive with a delinquent company is perfect:

3 different lighting designers tell me of the show they worked on where the paycheck never came. They continued to design and program the show with the promise that the check would be there at first preview, then at third preview, and then “definitely at opening.” These three designers, each designing at different theatres on different shows for different companies at different times, all arrived at their theatres early, saved the show(s) to disk, pulled the disk out, and ERASED THE SHOW FROM THE LIGHTING BOARD. They then waited until the SM or PM arrived to inform them that there would be no lighting for the show until they had a check in their hand. In at least 2 cases, they were the only ones to get a check that night (though others had been given the same promises runaround).

You can’t just pull this kind of behavior off and expect to keep your reputation for being a team player. You need to be crystal clear with those that you work with from the moment you begin a job: This is how you can work with me to develop a happy and mutually beneficial relationship, and this is what you can do that will make me go nuclear and take away your ability to produce the show you want. If you don’t have that legal foundation when you want and/or need to go nuclear, you’re up a creek. If you have the legal foundation, however… well, when the TOC exposé is written about it later you can pull out your contract and your notes of exactly how the producing company acted in bad faith.

I know reading and writing contracts makes most of our eyes cross, or even worse, saddens us because it injects a certain amount of litigious behavior into the art. But I don’t think that sadness gets us off the hook – if we throw up our hands and refuse to do it in the name of simplicity or faith in humanity we get only what we deserve – unaccountable rental houses and theater companies that have an unforgivable habit of running us over in defense of their own survival. I think we’d all rather take the time to write a one-page contract and update it from time to time than risk trusting someone we shouldn’t that they’ll pay us back for all that lumber and winding up $3000 in debt with no freaking recourse. And, if more of us who do act in good faith work to protect that good faith, we can all breathe a little easier in the future.

And the streets will be made of cheese.

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Conversations Abuzz, and Brainstorming Value for Theater

January 30, 2008 By: Nick Keenan Category: Community Building

A couple conversations on various blogs are hot hot hot in the last 48 hours (and taking up all my time in posting responses). They are posts that have generated a lot of community thought, and underscored both the value and the pitfalls of developing ideas and solutions as a group. I’m summarizing them for the benefit of those of you that don’t read a lot of other theater blogs yet but are interested in the collaborative aspects of blog problem solving.

If this doesn’t interest you, skip down to the picture of my proposal for a marketing campaign so bad it just might work.

1) The aforementioned exploration on the TOC blog of who the hell are these people anyway? Recent additions include pleas for reason and pizza. Insightful follow ups on Kris’, Patrick’s, and Rob’s sites.

2) Rob asked about whether previews should be sold as regular performances. This sparked a more general conversation about the value of previews on Creative Control, Grey Zelda and once again Storefront Rebellion.

3) Don Hall wants to lower ticket prices and/or increase the perceived value of theater. (And it turns out that Roche Shulfer wants the same thing.) Awesome. Finally something we can agree upon.

We’ve Got Your Writers Right Here

Before you complain about the link: I know, I know. It’s a placeholder.

I hinted in the last post about a Theater Dish event that changed the landscape for me. That specific Theater Dish was a talk about marketing innovations prepared for the League by Larry Keeley of Doblin Marketing, one of the architects behind the WBEZ programming renaissance. I still have his Powerpoint presentation which he generously posted for League download, and it’s one of the most inspiring and genius documents I’ve ever read. Check it out yourself. Unfortunately, while that particular talk was dead brilliant it was overshadowed by what happened next: the announcement of the resignation of Marj Halperin. (She went to become campaign manager for Forrest Claypool’s bid for Cook County Commissioner, so that was worth it). All told, it was a pretty eventful night for my first League event. I just wish more of Larry’s suggestions had been implemented by now. Frankly, this is where the League could use the help of the vast volunteer resources of storefront theaters to accomplish some of the big-picture goals on the table.

That’s where I’m coming from. I want to get this stuff done, and speed us along to the part where we see if it works. The solutions are out there, you just need to know where to find them and get started on implementing them, one step at a time.

I mentioned a few off-the-cuff possibilities to easily add value to your own theater productions on Don’s blog, in many ways inspired by Larry’s extremely leveragable and collaborative suggestions. Post your own.

Then we roadmap, people. It’s project management time.

Five minutes of Brain Storm

Blogs. Check. But every theater should have one, and there should be blogs that cross over into other disciplines and draw connections back to theater, and for every question we ask on a blog we should have four bad answers like this one.

Podcasts and Videocasts. Otherwise known as: make your own TV show and wave it in front of your ADD friends and say “Ah, it’s great to have good writing on this screen again. You seen that last Grey Zelda show? AWESOME script. That dude can write.”

Site-Specific stagings of issue plays or locally-inspired plays that matter to the community. Ask the Chicago History Museum to sponsor showings of a time-traveling play about the current CTA debacle in that old rail car they have. Who wants to write that? I’ll production manage it. Seriously.

Get excited about other people’s work, and talk it up. Talk about your fellow Chicago Theater artists like they were superstars, and see through their financial and temporal limitations to see their genius and value their efforts. Be ambassadors to the general public and make talking about your theater habit at your day job as easy as discussing what happened on The Office last night. Theaters should not have to waste their time marketing to the industry, that’s a horrible losing game. Help them out by proactively seeing, discussing and encouraging the best of their work.

Don’t overextend. You get a lot done if the work excites you, but despair will shut you down. Don’t get mired trying to add false value in your actual work. Use just enough design, not too much. I say this as a sound designer, knowing full well my entire role in theater depends on you thinking you need sound in theater. You don’t. You don’t need projections. You don’t need a set, you don’t need programmable lights. You need what the show needs. If you can’t hire or bribe a designer for a theatrical element, don’t use that element at all, and think of some other way of getting by without it. That’s honesty and truth, and that is valuable, and creates a vital final product. Remove any need to pick up the hammer during rehearsal time, and use the time to coax better performances from your cast and build stronger trust within your ensemble.

Food. Drink. If not in the theater, as a part of an easy-bake planned evening. Make friends with the owners and/or staff at your local restaurants and cafes, and get them excited about your work. Wear them down, and kill them with kindness and excitement. When they get excited, they’ll talk about you all day long to every customer.

Train yourself to use talking points about your work. Use those talking points to convince your friends to be an ambassador for your work, and for the work being done in town in general. You don’t have to be a crazy automaton about it, but if you’re legitimately excited about something, let it show.

Audience Participation Events. Let the audience see the guts of how you make your show. Get the ensemble to invite friends to sit next to the stage manager and designers during tech and show them how freaking hard they work, and make THAT the show. Invite them to talk with the cast and the director about what everyone is thinking about in the room, and walk them through the process. It will make your theater focus as an ensemble, and every person that gets to do that will see the show in a totally different light. To a non-theater person, it’s like they’ve been invited on a film set with the stars. Seriously. It blows them away.

Keep it Smart. People want smart right now. Don’t fall into the double trap of dumbing down your work or thinking your work is smarter than it really is. Theater is just smart enough that it’s refreshing.

Bring theater to the people, and people will come to the theater. The most powerful marketing tool is word of mouth buzz, and with the number of people in our industry, there’s no reason we can’t make theater an activity that 40 – 50% of this town participates in on a regular basis.

Of course, that means that we’ll need to coordinate our efforts a little bit. Think we can do it?

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