As more and more producers are looking at innovative ways to promote and market their shows, legal question start to arise.
Yesterday, I read a report about Jane Fonda’s backstage blogging during performances of “33 Vacations” on Broadway. It seems the blog is generating some real buzz… and several others shows, “South Pacific”, “Chicago” and “Phantom of the Opera” among them, have blogs on the web.
So, what happens if a member of your cast, crew or staff is blogging, and for some reason expresses discontent, or artistic “concerns”?
I think it’s important for those running the production to supervise and monitor the blogging activities of members of their productions. Certainly, a show’s “official” blog needs to remain under the control of the producers (and press agents, advertising agency, etc)… but producers should also build into contracts with all members of the production some right of approval of their ‘personal’ online communications about or relating to the show.
Contracts have long included restrictions on “publicity activities” by cast, crew, and others, but blogging, twittering, and other online “social networking” activities aren’t traditional forms of “publicity”. Certainly, folks have a right to express themselves outside of work, on matters unrelated to their employment, but where the discussion turns to one’s job, the employer has a legitimate interest in controlling the message.
Employee blogging has been a growing issue in many businesses, and many companies have instituted strict policies on the subject. Trouble is, most theatrical productions don’t have an employee manual or corporate policy booklet… At the very least, those of us drawing up contracts need to think about this issue, and adjust contract language to clearly address our client’s concerns.
Will the guilds and unions play ball on these kinds of restrictions? Time will tell.
As the manner and means for promoting theatrical entertainment move into cyberspace, we’ve got to keep pace.
