April 11, 2006

Union Contracts Limit Online Revenue for Dancers

During The Washington Ballet labor dispute, which has since been resolved, I read some of the contracts between dance companies and the unions that represent the dancers.

What struck me about these contacts is that there are so many prohibitions against shooting video of performances and rehearsals that unless changes are made to these agreements, some of the most established dance companies will never be able to generate revenue from online video sales and promotions.

If I were an executive director of a dance company or a union representative, the first thing I would do is renegotiate the contract sections that relate to digital reproductions of performances, rehearsals and other dance formats. The online world, as I've written about extensively, represents a huge opportunity for dance companies to reach larger audiences, generate more revenue and ensure the financial health of dance. But the online world cannot be exploited without first addressing these contractual issues.

Here is a list of union contacts on the website for the American Guild of Musical Artists (AGMA), which represents a number of US-based dance companies including The Washington Ballet.

Here is a portion of the Atlanta Ballet contract, section 41, that relates to "Filming, Broadcasting, Television, Etc.:"

Except as provided herein THE ATLANTA BALLET shall not videotape, film, broadcast, record or televise, including marketing of video cassettes and/or in-theater closed circuit television, any performances, rehearsals, concerts or engagements in which the ARTIST appears by wire, wireless, radio, telephone wireless process or any motion picture, recording, mechanical, electrical or telephone device now in use or hereafter developed or any combination of such devices...

The rest of this section goes along in the same vein. I can't begin to say how detrimental this contract language is for all involved in a dance company. Essentially dance companies and dancers are prohibiting themselves from exploring ways to make money through online sales and promotion.

This prohibition is ironic given the many financial challenges faced by dance companies in cities throughout the US. Here are two stories from last week that illustrate these challenges:

- "Hard Truths about Ballet in Southland," by Lewis Segal of the Los Angeles Times, covers the cancellation of Ballet Pacifica's first season.

- "Strapped Ohio Ballet Cancels Spring Series," by Wilma Salisbury of The Plain Dealer, covers the cancellation of the reminder of the Ohio Ballet's season.

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