Performers in "Broadway's Lost Treasures" DVD Series Threatening to Sue

[Kringas]

Performers who appear in the "Broadway's Lost Treasures" DVD series are threatening to bring a class action suit against the films' executive producer, Christopher A. Cohen, for lack of proper compensation, according to The New York Post.

The group is made up of more than 50 performers from such shows as 42nd Street, Cats and Chicago.

A lawyer representing the performers recently sent a letter to Cohen saying that the performers did not give consent to appear in the series and are asking for revenue figures, the paper reports.

The paper reports that Cohen responds that he had worked out deals with the unions AFTRA and Actors' Equity.

The DVDs, made up of performances televised on the Tony Awards, have been released over the last few years, with a complete box set coming out in May 2006.

Cohen is the son of the legendary Broadway producer Alexander Cohen, who used to oversee the Tony Awards.


Playbill

[Rathnait62]

This is why we can't have nice things.

[Mother's Younger Brother]

Thank you, Rath.

[CapnHook]

I totally understand the basis of where the performers are coming from. Personally, I think they only have the right to give their consent to have their performance be published onto DVD and receive NO compensation.

If it were me, I wouldn't care. I would be thrilled to have my performance documented. I would be thrilled that the piece of art I created is preserved, even if it were just one musical number from the show. I would be thrilled that my participation in the Tony Awards is now cherished by new generations of fans.

Do they also want compensation from fans lucky enough to have VCRs back then and recorded the Tonys?

If the issue is JUST money, I say shame on them. Yes, it's difficult to be a working actor in New York and make end's meat, but they knew what they were getting into. They chose this profession. If the issue is the principle of the thing, then I understand.

[BrodyFosse123]

And this should answer the grand ole question:

WHY AREN'T BROADWAY SHOWS AVAILABLE ON DVD?

'Nuff said.

[Kringas]

Do they also want compensation from fans lucky enough to have VCRs back then and recorded the Tonys?

Well, to play devil's advocate here, the fans who record the shows on their VCRs aren't selling them commercially for a profit.

If the issue is JUST money, I say shame on them. Yes, it's difficult to be a working actor in New York and make end's meat, but they knew what they were getting into.

Of course the issue is just money, but they probably are entitled to compensation. And all those people are in unions, part of whose purpose are to protect the artists from getting screwed. I don't think it's fair to brush it off by saying they knew what they were getting into, simply because they've chosen show business as their profession.

[theaterdude87]

Aren't all the perfromaces Tony ones? They are not paid to perform at the Tonys. It sounds to me that the actors are coming acorss as a tad greedy.

[CapnHook]

No, it shouldn't.

These were telecast (mostly) years and years ago when theatre wasn't readily available on "home video." Therefore, it is understandable that each performer wouldn't have given consent back then. It was the understanding they would only be performing for a awards show telecast.

Today, it can be written into the contract that when you perform in a show, consent it automatically given if a recording were published. Fincancial compensation would then be provided.

[Rathnait62]

In the article, Cohen states that he worked this out with the unions.

The fact is, no one is getting rich off of Broadway's Lost Treasures DVDs. That's not all that difficult to figure out. These are being put together as an archive to be shared with devoted fans, not a money-making venture. That's what makes this so ridiculous.

[BobbyBubby]

Yep, this is the reason we get so few Broadway dvd's like this. Can't they just be happy their work is getting exposure? It's not like the Lost Treasures people are doing this to dick them over. Its for this history of it all.

[CapnHook]

Rath - well put.

Would the lawsuit still come up if they were JUST telecast on PBS and not released to DVD?

It cost $1 million to do the CANDIDE DVD (which was just a concert) and they were lucky to make $500,000 back.

[Mother's Younger Brother]

I still say, release every Broadway show on dvd. Even if you have to charge $100 for it just to recoup the union fees, etc., fine. The devoted fans who want them will buy them. Don't worry about a mass-media release and charging $20 each for them. I know I'd happily pay $100 for my favorite shows on dvd.

[Kringas]

I see both sides of this, and I think all the points made by everyone are good ones, but I still think there is some level of merit to the suit. I'm no laweyer, though, so I have no idea if the performers have leg to stand on or not.

[lildogs]

Wouldn't a Tony performance come under the heading of "publicity" though? Actors don't get paid for promo work they do like the Bway preview, Shubert Alley, etc. At least that's what the money men are likely to say.

I suppose that they should receive something, but the money they'd receive would be so paltry I'd hardly think worth the time.

I mean, how much does a chorus member of 42nd STREET earn in one number on a compilation dvd?

[CapnHook]

There's definitely merit to the suit. I just think it's a shame performers would do this.

Mother's Younger Brother - I 100% agree with you. I would pay $100 for a DVD.

[WestVillage]

Notice that its the actors (Wanda Richert for example) who have been out of work for years that are bringing up this compensation issue. She probably is short on cash and needs some money, so why not try this route. I'd be shocked if Chita Rivera and Angela Lansbury were wanting to be paid for this.

[Rathnait62]

What kills me is that they actually believe there is money.

[CapnHook]

They're going to have to divide up amongst themselves the $40 I spent on the first two DVDs. I haven't even purshached III or Plays yet.

[ray-andallthatjazz86]

I was a bit shocked when I read this. It was rather disappointing to see this happening. This possibly eliminates chances of getting any other Lost Treasures volume and diminishes the chances of having more shows released on DVD.
And yes, I doubt Angela Lansbury, Bea Arthur, Patti LuPone, and Joan Allen are asking for compensation.

[CapnHook]

It doesn't eliminate the chances of new productions. Just doesn't help older ones.

[defyingravity11]

This is ridiculous! I see their point, but to sue over this . . . Why is this suit coming out now? Why didn't they do somehting when the "Broadway's Lost Treasures" was first televised?

[SporkGoddess]

"This is why we can't have nice things."

Hahaha, I love it.

I'm really annoyed at the performers for doing this. Don't they realize how much exposure they're getting? Broadway's Lost Treasures, for instance, introduced me to the Kiss of the Spider Woman. I wouldn't have purchased the OBC otherwise.

[courtnyj]

When I was in China I was shocked to find one of these DVDs among the bootlegs selling for about 1 US dollar. I mean seriously? A bootleg Broadway's Lost Treasures?

[folkyboy]

i noticed that it was the out of work "chorus kids" bring this bullsh*t up. blah! glad i got the DVDs when i could.

[Mr Roxy]

If there was any chance of a 4th musical DVD, this kills it

This is not a ton of money they are talking about but, what the hell, when in doubt on anything sue