Is Your Script Encumbered?

 

I’m a writer. That means I collect words. One of my favorite words is the subject of this blog. The word is “encumber.”

When theater producers use the term “encumbered,” they are referring to agreements made by the playwright with other parties in respect to the play they wrote before an agreement is made with a producer.

Encumbrances are usually a negative if you are looking to get a producer to do your show, because they make it more difficult for the producer to produce your play.

There are two different kinds of encumbrances, those that deal with financing and those that don’t.

 

Don’t Weigh Your Project Down

 

The first thing a producer needs to know when he is considering producing your play is that the play is 100% YOUR PLAY.  In other words, no one else has an ownership stake in the work.

This usually happens when the play incorporates music. A famous rock tune may be important to setting the exact mood you want, but if you don’t have an agreement from the artist to use it, then you can’t include it. Even if you have permission, the cost to use it may be more than the producer wants to pay.

A playwright can also encumber a play by promising to use, or insisting to hire, specific individuals or organizations. I once didn’t produce a play because the playwright insisted on having a veto over which organization would manage the financial side of the production.

That is unusual. What does happen far too often though, is that a playwright will want to bring along certain people who have been involved in the development of the play with them for a long time. Although I admire loyalty by and large, time and time again I’ve seen this backfire on the playwright.

The fact is that while the playwright wrote the play, the producer must produce it. The producer has a dual focus: he must create a production that best represents the play while at the same time looking to sell the most tickets. By insisting to be involved in what should be the producer’s decisions, these writers risk having any production done at all.

Any previous commitments made to other entities infringes on the producer’s activities, and in making them these playwrights make their project less desirable to produce.

 

Be a Team Player

 

If a producer likes your script and wants to produce it, don’t make it difficult for him to do so. Be a team player and trust your producer. Work with him, not against him. It’s in both of your best interests to present the best show possible.

The fewer encumbrances a playwright presents to the producer increases the chance their play will be done.