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Pet Peeves in Negotiating Entertainment Deals
I've edited a treatise on what to do when negotiating contracts in the entertainment industry. This article is about what not to do. What started me thinking about this was when an attorney insisted that an option contract between my producer client and his playwright client contain a provision that the playwright be invited to the opening night party. Then I started thinking about the other things that almost drive me over the edge when I am negotiating with other attorneys in our business.
When the relationship between the parties is just commencing, who in their right mind wants to even consider the possibility that the playwright and producer on opening night would be on such unfriendly terms that the playwright would not be invited to the party? And if the parties do have such a major disagreement, what playwright in his right mind would want to show up at a party where he would not be welcome? And how will the playwright's attorney enforce this agreement? Do you go to court to force the producer to invite the playwright to the party?
I have always said that if the response to an offer is so outrageous that it isn't in the ballpark, you can't respond to it. For the record, I told my producer client that I could not respond to the other attorney because the counter offer was so far out of reality. My client called the playwright and after speaking with him, the playwright was as upset as we were that his attorney would insist on his being invited to the opening night party that he fired his lawyer and the deal was made. The rapport between the playwright and my producer client is terrific, and the playwright will be invited to the party.
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