By Maria T. Cannon
Amineddoleh & Associates LLC
Ever heard the term “provenance” used to explain the ownership origins of a Broadway play? Until earlier this week, when the Wall Street Journal theater critic Charles Isherwood remarked that a large number of Tony Award hopefuls had altruistic provenance, neither had I.
The legal definition of the term “provenance” is commonly used among art attorneys, when we need to describe the records of ownership of a work of art. Webster’s definition explains that “provenance” is another way to say “origin” or “beginning.” And, not to get too much into semantics, but just so we’re all clear – the term “provenance” (meaning “record of title” or simply “origin,” depending on the context) is completely separate from Provence, the beautiful geographical and historical region of southern France.
Until I read the critic’s piece, I had never considered using the term provenance, through the lens of the art law definition, as a way to understand the ownership interests of a theatrical production. In this case, it actually worked out quite well –although I’m not sure that’s what Isherwood intended (he may simply have meant the origin of the play).
Isherwood used “provenance” to bring attention to the fact that all five best-play Tony-nominees and all five best musical nominees have roots in nonprofit theater organizations. These (described further below) were either entirely – or initially – produced at nonprofit theaters.
Just as a brief example, Manhattan Theater Club (MTC) alone presented three contenders for best play: “Jaja’s African Hair Braiding,” “Prayer for the French Republic,” and “Mary Jane” (Note: “Mary Jane” was originally produced at New York Theater Workshop, another nonprofit). And New York Theater Workshop also produced the stunning “Merrily We Roll Along” (in the running for best musical revival). Even “Stereophonic” (which is a commercial production) originated at Playwrights Horizon, a nonprofit.
Using the work provenance becomes quite nuanced when applied to these productions. When “provenance” is used to describe a play, we’re talking about more than physical origin. The term also encompasses the tangible and the intangible ownership rights of the plays themselves. Copyrights, trademarks, brand recognition, audience lists, company (notably, the cast’s) reputation, and digital reproduction rights. For many Tony nominees this year, these rights begin with nonprofit theaters.
The idea that most – if not all – of these rights commonly start with one giant swath of funding, and that, this year, at least five successful shows have had that swath of funding originate from nonprofit sources, speaks volumes to the state of the theater world post-pandemic.
Broadway has experienced higher levels of ticket sales in the past two years, but the climb has been irregular, with many unexpected dips. Across the country, theater companies have been experiencing huge layoffs, with some even filing for bankruptcy. On a personal note, the theater company I adored attending growing up in North Carolina – NC Theater - recently shuttered its doors. Yet the closings aren’t limited to smalltown America (not that North Carolina is small town, of course). The reality is that theaters are struggling in New York as well. If theaters aren’t making it here, they’re not making it anywhere.
The nonprofits that have swooped in like saviors to buoy the NYC theater scene deserve to be applauded. Without them, the situation would be even more stark - which brings me to my next point.
It’s more important than ever for New York lawyers to do pro bono work in the theater. Theater companies have significant needs for legal services, yet are now not able to afford them, while keeping their productions afloat. There has never been a better time to snap up pro bono opportunities as they arise to serve the theater community, who gives the rest of us in the audience so much.
Even theater productions with incumbent counsel may benefit from some a la carte legal services. Namely, for things like intellectual property, tax, and LLC-related needs, such as amending bylaws and updating contracts, may be outsourced to alternate counsel (and could be great pro bono opportunities).
Maya Angelou herself drew a clear line between being “philanthropic” and “charitable,” with “philanthropic” being mindless money-giving, and “charitable” involving an element of truly embracing and experiencing the community in need of the aid. The best example of this, for lawyers, is pro bono work.
However, the time required for pro bono is not always a feasible ask for all lawyers at all times in life. If that’s the case, another way lawyers can support emerging and ongoing theater productions is through personal financial support. However,, in order to remain (by Maya’s definition) “charitable”, it does require a level of interest, involvement, exploration and commitment that simply signing a check does not satisfy.
The benefit of relieving the financial strain on theater companies (by doing pro bono work) gives back to the attorneys doing the work a thousand-fold. The beauty of the theater is how the experience of attending changes the viewer. The Bard himself said it best, (speaking through Hamlet), that “the purpose of playing….is to hold as ‘twere the mirror up to nature: to show virtue her feature, scorn her own image, and the very age and body of the time his form and pressure.”).
Is there anything more healing than watching that unfold, experiencing that visceral mirroring of humanity in real-time?
To quote Hamlet, Act 3, Scene 3, Line 8: “No.”
P.S. Need a pro bono theater lawyer opportunity? Email Elissa at [email protected] to be added to the pro bono volunteer roster, for when issues arise.
P.P.S. Want to support a production from the ground-up? Try The Art Tour, a new rom-com musical about an artist full of life and feeling. https://thearttourmusical.com