The unique immediacy and vibrancy of live theater have roots in diverse cultures, such as the Shang Dynasty of Ancient China, the Sanskrit dramas of 200 BC, and in Greece, when in around 534 BCE Thespis, the first known actor, is credited with introducing the idea of a character distinct from the chorus.
I have had the privilege of collaborating with a remarkable array of theatres, directors, and creatives. Among my proudest achievements are serving as Composer and Musical Director for Tartuffe at the Royal Shakespeare Company, being the Principal Musician for the all-women-of-color production of Richard II with Adjoa Andoh, and my composition work on Savitri, a Holst retelling for Northern Opera.
It was in 2017, when a theater producer first approached me to design sound for a show. This transition in my professional career was both rewarding and challenging, as it required me to navigate various aspects of contractual negotiations.
I began to encounter a new set of logistical, technical, and contractual challenges, distinct from those I had faced as a live musician and performer.
This article aims to address several points that will hopefully be useful for both sound designers and composers at different stages: for those new to this field and need guidance in navigating areas of concern and contractual matters, as well as for those who are already established in their careers and may benefit from some gentle reminders.
Having an agent can be beneficial when negotiating with theatre commissioners, who are often the show's producer. For artists without an agent (myself included), more bargaining with the theatre producer may be needed to reach a good deal. The key point is: ensure fair payment for your work. Unlike live performance with defined deliverables, theatre can be a precarious industry if you're not careful, potentially leaving you vulnerable to exploitation.
Contractual agreements – negotiating clearly and fairly
Theatre commissions can vary hugely and be extensive in both their remit and ask. My first piece of advice is to be as rigorous as possible from the outset.
A script read you do ahead of a meeting, and / or with the director, followed by a subsequent meeting with the director, will initially give you a sense of scale and artistic vision of the production, and the sound design and / or compositional needs. A 3-hour classic play at a prestigious venue with a large production budget is going to be very different to a 50-minute rehearsed reading with an invited audience of potential industry commissioners as part of a research and development process.
Gathering the necessary materials is essential to determine whether your financial agreement accurately reflects the work involved and aligns with the available budget. Take some time to consider key factors that will enable you to deliver this work effectively:
- How many rehearsals will you attend during the rehearsal period, and will accommodation be provided if you need to travel further?
- Will you receive per diems in the city or location where you are staying?
- Does the producer have a budget for additional technical equipment like speakers or monitors, or is it assumed that you will supply these?
Once, I worked on a theater show where my daily commute to rehearsals was inadequately compensated within the design and expenses budget, leaving me feeling stretched and compromised in my work.
In another production, there were expectations to record actors delivering monologues in the space. While I was willing to use my mobile recording equipment, this should have been negotiated, agreed upon, and budgeted from the beginning.
While some of these points may seem obvious, it's crucial to address them thoroughly from the start to prevent any doubts or issues later on and to maintain boundaries for your well-being and financial considerations. I've been caught off guard by unexpected challenges many times, and I wish I had been better prepared to negotiate effectively.
Underscoring, motifs and costing
When navigating the contractual process, I always consider whether I am being asked to provide both sound design elements and compositional work. Commissioners may not initially acknowledge the need for underscoring scenes in addition to the sound design brief and required elements.
It is likely that you will be asked to create more as the rehearsal process unfolds, and this is where the challenge lies for the creative artist: the unknown. The more you can determine early on — such as the volume, sound base, complexity, and instrumentation needs of the material to be created — the better you can plan and ensure appropriate compensation.
Even small components like violin lines and flute motifs are considered compositional. For sound designers who create original music, it is crucial to note this important point. Make sure these scenarios are all costed into your budget.
You must also learn to say no — this might be the most important skill of all. I have, over the years, been able to get better at saying that the amount of material being asked for has become too much, and that I have reached capacity.
Royalty payments and licensing – fair remuneration
Occasionally, buyouts are offered, but I personally negotiate with the producer to determine a specific number of days I will dedicate to designs and compositions, based on the agreed fee and my daily rate. This arrangement ensures a clear understanding of when I will be present in the rehearsal space, and it also includes tech days within my daily rate, as well as any home studio time spent creating sounds or compositions.
As I have gained more experience in theatre design and composition, I have become more adept at negotiating appropriate increases to the offered fee. These adjustments may cover my artistic expenses, such as recording costs with a session musician, fees for any necessary licenses for atmospheric sounds, or the purchase of sample packs, for example.
The MU also advises that members check whether the commissioner is bound by an MU Collective Bargaining Agreement, as this can affect whether using recorded music is permitted.
These should be considered in your fee or agreement, as you will need the budget available to you to ensure these resources are available to you, and it isn’t appropriate that these all come out of your fee — unless this is already agreed and accounted for. This is slightly different to your overheads as a musician/designer/composer, as these are direct costs related to the specific production.
Please note that if you are sampling or using other people’s music, you will need a license or the rights to do so. If the theatre producer who has engaged you is keen to include music not in public domain, it is ideal and advisable that the producer directly arranges any licensing of this.
Recently, a producer introduced an unexpected twist to the project midway by requesting the use of a song as non-incidental music in the play. This would necessitate obtaining a license for a very famous song by a renowned artist for the production. In such a situation, I would strongly advise seeking guidance, perhaps from the MU. Requesting a song license at such a late stage is impractical and places undue pressure on the sound designer to reach out to record labels.
When considering the licensing of your music, it is crucial for any producer to clearly understand the terms of your work's licensing. For instance, if there is a three-week run at a single theater or a six-week national tour, the license should accurately reflect this timeframe and specify any additional uses, such as for marketing or social media.
A non-exclusive license grants you more freedom to use your work for your own benefit in the future. Conversely, an exclusive license gives the theater or producer sole rights to your work, which is common for large-scale productions with long-term potential, such as those in the West End.
In most design projects I undertake, I retain ownership, and I have ensured that when buyouts occur, I am fairly compensated. However, proceed with caution and seek advice from the MU.
Creative freedom
In my opinion, sound or music often becomes the last consideration for commissioners, following set design, casting, and lighting. This is precisely where your meticulous attention to the process, careful contract reading, and assertive negotiation become crucial, and this article aims to serve as a helpful reminder of what to watch out for.
Theatre offers a wonderful career path for creators, providing the opportunity to collaborate with directors, lighting designers, actors, and the rest of the creative team to bring productions to life on stage. To ensure these experiences are empowering rather than disappointing, take control where you can. This will hopefully give you the security to create to your fullest potential.
Find out more about the world of composing and sound design for theatre in the MU's new guidance below.
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