Info You Can Use: Let’s Play Find The Exploitative Clause

About a month ago, I wrote about webcomic Penny Arcade’s online reality competition Strip Search which is aimed at finding the next great webcomic artist. (By the way, both the comic and the show are often NSFW)

I had mentioned that it seemed like the aim of the show was to use the Penny Arcade fame to help advance the careers of these artists.

I think their most recent episode of Strip Search provides a model for teaching arts students of all stripes about contracts.

Penny Arcade has famously signed away the rights to their intellectual property at least twice and only regained it by dumb luck. This is a topic near and dear to their hearts. I have seen the creators, Mike Krahulik and Jerry Holkins, and their business manager, Robert Khoo, talk about it in interviews and convention panels a number of times.

Khoo is probably the only business manager in the gaming world to achieve hero status for saving Krahulik and Holkins from themselves and helping to grow their company.

In this episode they have the contestants read through an exploitative contract and then go in and talk to Khoo about what they want struck or changed. Khoo basically plays a bumbling idiot in the negotiations because the whole point was to get the artists to evaluate the contract rather than necessarily deal with a combative negotiation environment.

Also, because it was a contest they only had a set amount of time to evaluate the contract and conduct negotiations. In real life situations everybody acknowledges the importance of investing all due care reading contracts and consulting with an attorney.

After the contestants spoke with him, Khoo mentioned that there were two basic approaches to the contract they could have taken. Either decided what their core values were and question whether the contract achieved or impeded those values or go through line by line analyzing each condition (or obviously a hybrid of both).

Because a classroom setting is similar to the contest environment with only a limited time to evaluate a contract (even if a student gets to take it home over the weekend), having a similar opportunity to look at a contract with many elements not in the artist or organization’s best interest and then roleplay a negotiation could certainly be helpful to arts students.

One of the things I never thought I got enough of in grad school was contracts. We got to look at a few contracts to see the sort of things that went into them and I got to read all the Actors Equity handbooks I wanted.

There really wasn’t a discussion about the type of things you would want to change because it wasn’t in your best interest.

Many people may be under the impression that a contract is something that you need to comply with as best you can if you want to do business with them at all. I think there is a basic assumption that the other party is acting in completely good faith and little acknowledgment of the possibility that the other guy may be trying to fleece you to the fullest extent possible.

Most people acting good faith with a reasonable bias toward themselves, but you had still better read the contract every single time it gets set before you.

Drop And Give Me A Sonnet

Recently, (though it could have been 6 months ago the way time flies for me) Howard Sherman pointed back to a Huffington Post entry he did a few years ago about how the theater community looks derisively upon community theater.

I don’t know that this will ever change. But I recently got to thinking in the context of the Pro-Am trend where people are making greater efforts to hone their skills and knowledge, should community theaters be pushed to do and expect more to serve the needs of Pro-Ams and improve their own proficiencies?

Even though this proposal may see funding diverted away from larger established organizations (which has actually been suggested often in any case), in the long term it may benefit the arts in general.

Now that I am back living in a rural setting, I drive past volunteer firehouses regularly. It got me to thinking, not only are these firemen volunteering to run into burning buildings, they have to undergo 50-100 hours of training, refresher training, maintain good physical condition and show up to a certain percentage of calls to qualify for the privilege of risking their lives.

Not to mention mundane maintenance, housekeeping and fund raising duties.

I started wondering if maybe there needed to be a bit of a cultural shift for community theater groups toward requiring people to take classes and training in order to participate. I know there are many organizations that are pretty substantial and offer classes, but most come together on a project by project basis and don’t engage in a larger education effort.

Those who work backstage have the best chance of gaining additional skills because they are often being taught by people with some sort of construction background. Still, often novices are integrated into the effort without much safety training in advance. And they can be limited to only learning the techniques the most experienced person knows if there isn’t any effort to bring in outside experts.

I think actors might suffer most if they are only involved on per project basis. They gain the experience of performing and can certainly advance. But since the director is responsible for guiding many people, there is really no opportunity to instruct actors about techniques and the process of experimenting and exploring one’s options.

Having classes can enhance the value of the organization overall. Teaching is an effective path to learning so even if the group handles the classes entirely internally, they end up a little better off than when they started.

Bringing in guest teachers for seminars, whether it is a person from the community theatre the next county over, a professor at the local college or a designer from the big city, is even more ideal. (And maybe the experience will cut down on the derision a little.)

Now you may think it an awful idea to require people to attend classes if they want to participate in a performance because it puts up a barrier to entry at a time when the arts are trying to be welcoming to all.

But I wonder if a lack of this sort of rigor has resulted in the attitude we are seeing today that artists shouldn’t want to be paid because they engaged in a fun activity. Taking a class won’t necessarily guarantee a person will become any more skillful, but they will be more aware of the dedication and investment involved.

I don’t think having a requirement that if you want to participate, you should want to get better, is that onerous.

The classes don’t even necessarily need to be separate from the rehearsal process, though only having them as part of the process is actually more elitist because the training is limited to those who are cast.

When you think about it, when sports teams practice they don’t arrive at the field and move to their assigned roles. There are a lot of drills that focus on the fundamental skills of the game, improving physical condition and endurance. Players are asked to perform outside of their accustomed roles. There are clinics occasionally given by skilled practitioners.

This happens at all levels of play because the expectation is that you will strive to be a better player at the end of the season than you were when you came to the first training session. People who aren’t willing to make that commitment get cut from the team.

So that is why I wonder what sort of results would we see if funding and influence were directed toward creating an environment where honing skills became the norm.

I have been thinking for 20 minutes of a way to say it without it sounding condescending without much luck, but this bringing influence to bear would of necessity include a culture shift which saw “professional groups” partnering with community groups to provide training and assistance. As I said, I don’t think there will ever be a time when community theater will be viewed with complete parity by professional groups, but the gap will never close without increased interaction.

Business Plans Enhanced By Creative Mediuum

I was really happy to see that MIT required the projects submitted to their annual $100K Entrepreneurship Competition to have the arts at the core.

The impetus for making this a requirement:

“came to Magee when he was sitting in on business pitches and noticed that many of them could have used an artist’s touch. “This isn’t just about businesses that need a graphic designer or have a beautiful website,” he says. “It’s about businesses with arts at their core.”

The committee for the competition received 40 submissions, but only half met the requirement of having arts at their core.

This reminded me about a post I did on the competition that University of Toronto’s Rotman School of Management held last year where the teams including design students offered a more compelling and engaging pitch than the MBA students.

It reinforces the value those with creative degrees bring to business and points to the necessity to train creatives how to bring that value to businesses.

The winner of the MIT contest was a site called Mediuum and described as “a sort of iTunes for art, providing access to digitized art works for the masses.”

According to the team’s project page,

The art market is a $40 billion annual market, but is riddled with problems that alienate its largest potential consumer base. Digital consumers are habituated to the instant access and gratification they enjoy with other cultural content, like music and movies. By comparison, finding art they like is expensive and time consuming, and there is no digital solution.

Enter Mediuum:

Mediuum lets people discover, display and enjoy the art they love most, on digital screens. We combine an online marketplace of exceptionally high quality work by the world’s most talented artists with a platform that allows people to display that art on any screen. Our solution is creating a new online market for art discovery and consumption.

I visited the site and was a little disappointed. The only way to get on is the request an invitation. My first thought was that this was a reflection of the elitism that everyone accused the arts of perpetuating and an aspect of the alienation the project page referenced. The only way to access the art is to meet the approval of a gatekeeper.

I submitted a request for invitation and received a message that they would get back to me. Over 24 hours later, I still haven’t received a reply.

Now that being said, there have been many new online services that have required you to receive an invitation during the early stages. This has been the case with many Google products, including Gmail. In time, Mediuum may be easily available to all.

Or it could just be taking the problems of bricks and mortar establishments to the Internet.

Watch Out Ohio!

Yesterday marked the last of a series of entries I prepared at the end of March to cover the move to my new job in southern Ohio. After Memorial Day, I will be returning to my regular Monday – Wednesday publishing schedule. Though for many of you, it will seem like a new schedule given that even if I finished an entry at 7 pm Hawaii time, it was already midnight or 1 am the next day on the U.S. East Coast.

Like many of my new colleagues and neighbors, you may ask why the hell I would want to move from Hawaii to rural Ohio. There are some economic and personal reasons, but the local and state arts environment had significant influence on my decision to move.

Even though Cincinnati is a 2 hour drive away, the existence of organizations like ArtsWave and the support for the arts expressed and shown by Mayor Mark Mallory was very influential.

In the last couple years I have written about cooperative efforts of arts organizations in Columbus and mentioned the intriguing seating arrangements and audience relations practices of the Great Lakes Theater and other arts organizations in Cleveland.

The same state of interesting arts relationships permeates even the small town in which I now work. A very dedicated local community board has partnered with the university to present a performing arts season every year. They do a fairly significant portion of the fundraising for the series. I attended a board meeting the week before my official start date and was astonished by the sponsorship report that was given, in large part due to the graciousness and wisdom shown by one of the major sponsors.

Certainly, there are plenty of opportunities to advance the program for me to sink my teeth into and I look forward to it with relish. (Though apparently chili is the condiment of choice for hot dogs around here.)

I also look forward to plugging into the greater arts community throughout the state.

Rejoice Ohio, the state just got a little better now that I am here!