Info You Can Use: Tix, Pix, Kits and Internships

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I am a busy, busy boy this week which is why I ended up not posting yesterday. Hopefully things will calm down a little by next week. So by way of recompense for not posting yesterday, I offer you four links to practical information for use in your arts organization. I am sure at least one of these links will prove useful to you.

First up, Richard Kessler recently posted a toolkit for getting parents involved in arts education, Involving Parents and Schools in Arts Education: Are We There Yet? What is special about this guide is that it is written by parents for parents. Presumably, parents will know what best motivates them to get involved. As Kessler says, “You have to admit, there’s something to be said about a guide that emerges directly from the work of parents, educators, and partners, rather than from staff.”

I haven’t gotten a chance to look at the whole thing, but I am encouraged that the second chapter is “Understanding Parents” and the fifth chapter is “Motivating Parents” with the “Educating Parents” in between. In the arts I think we often want to skip past the understanding and educating parts and move straight to motivating audiences into the action of attendance. The handbook reminds us of the proper order of things. The guide is 45 pages long. Fifteen pages are devoted to interacting with parents, the other 30 odd are sample forms, checklists and templates to use in organizing parents toward a school arts event.

Next, a link from our friends at the Non-Profit Law blog to the Department of Labor’s fact sheet about what is allowed during an internship under the Fair Labor Standards Act. It should be noted that these rules only apply to for-profit businesses at the moment, but a footnote they state (my emphasis) “Unpaid internships in the public sector and for non-profit charitable organizations, where the intern volunteers without expectation of compensation, are generally permissible. WHD is reviewing the need for additional guidance on internships in the public and non-profit sectors.” So it might be prudent to design your current internship program with the for-profit guidelines in mind.

Chad Bauman talks about a plan that the Arena Stage formulated to wean people off student discounts. They used to offer $15 tickets to people under 30 during the week prior to the performance. The problem was, once they turned 31, their ticket price went up to $60. It appeared this steep price jump was discouraging people from continuing to attend.

Now their plan is to offer a “pay your age” pricing for 3% of the seats starting two months before the first performance. The hope is to not only create the idea of paying an increasing amount as you age, but also emphasize the importance of buying tickets early rather than the week of the performance.

This program is still only available to people under 30. You don’t pay $85 if you are long lived. In the comment section of the entry, Bauman addresses the potential sticker shock a person might get upon turning 31 and finding they now have to pay $60 instead of $30. I really appreciate his view of cultivating a person over 10-15 years.

“Once a patron turns 31, and we have already gotten them into a pattern of buying early for a discount, we would then offer them a 3-play preview subscription acquisition promo probably in the range of $99 for three plays (or $33 per ticket). After they “age-out,” my next major priority is getting them to subscribe. Then once they subsribe, I will work to get them to upgrade their subscription packages. This is a long term strategy that really looks at the customer over a span of 10-15 years. From first time PYA buyer to full season subscriber and donor will probably take 15 years.”

Finally, if you use images from the internet and are confused about the difference between royalty free and copyright free images or aren’t really even sure about acquiring images to use, Tentblogger has a good comprehensive guide (with supporting images, of course) dealing with all these questions and more.

Change Content For Specific Audience? Good Question

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Last month, Ken Davenport over at Producer’s Prospective issued a “you make the call” challenge to his readers and it ended up the most read and commented on post of April. People were still adding their opinions as of last Friday. Here is his scenario and challenge.

I have a division at my office that sells group tickets to Broadway shows. A few weeks ago we got an inquiry from a group of 500 people that was looking for a show. Yep, 500! That’s 1/3 of a big Broadway house, which means quite an impact on a weekly gross….

The group came back and said there was one show that they specifically interested in. “Great,” we said and started to place the order.

There was just one problem.

The group explained that there were a few moments in the show that they thought were objectionable, and unfortunately, because of the mission statement of the organization, they would not be able to book their group (of 500!) if those moments were in the show.

Insert dramatic chords here.

The “moments” weren’t specifically plot-related, nor would they involve a great deal of work to alter them.

But would the show make the alterations to satisfy this group?

Insert more dramatic chords here.

Obviously there are a lot factors that would be involved in this decision, like when the group is looking to come (what time of year and what performance during the week), how well the show is doing, how much the group is paying, etc.

But if you’re a commercial theater producer, the question is whether you would be willing to ask your creative team to make the changes to their work to accomodate this bonus to the bottom line?”

The responses to this challenge fell into some general camps- Sure if it isn’t that complicated; What about the fact that 1000 other people paid to see the original show? (sub-set response to this was, Sure if they want to buy the whole house); The artistic choices made were deliberate and that vision should not be compromised, stick to your guns; If you do it once, you create a precedent to do it again.

A couple of interesting points made by a commenter going by Julia was that shows often compromise their content on the basis of an audience’s physical situation: modulating strobes for epileptics, adding illumination for signed performances, captioned performances, audio described performances. Each of these changes the appearance of the performance from the original or alters the experience of other audience members who are not targets of the services.

I haven’t really addressed the issue of changing an artistic choice based on audience feedback since discussing Neal Archer Roan’s tough decisions about Bach’s St. John’s Passion and anti-Semitism. Since the discussion was still ongoing over on Davenport’s blog, I thought it might be appropriate to draw attention to the issues and get people thinking about how they might handle it.

Of course, if we are all to be honest, how we say we would handle it often diverges from how we actually handle the situation when faced with its impact on our own reputation and budgets.

One question I would add to the mix. Are you more likely to make the change if your show is on Broadway or presented by a non-profit organization? Broadway has much more profit motive to their show. The saga of Spiderman with the never ending previews, the rewrites and reissues have shown that Broadway is open to revamping content in response to criticism. (I am surprised no commenter on Producer’s Perspective mentioned that.) While they do it for more than one show, it isn’t outside the realm of possibility a permanent change might not be implemented if appeal to a wider market was perceived.

On the other hand the income from 1/3 a house means a lot more to a non-profit organization than a Broadway show. Though most Broadway shows have less flexibility in doing so, that Spiderman could afford to shutdown for a few months for rewrites is fair evidence that Broadway probably has a little more ability financially to refuse the change on principle alone.

Ford’s Fresh Angle On The Arts

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One of the activities the Ford Foundation is engaging in as part of their celebration of 75 years is a series of forums focused on issues of social justice. The first of these, held on May 4 had an arts focus. I have been watching the videos of the sessions on the site and still have a few more to go but I wanted to reflect on what I have seen. The event utilized Cover It Live to aggregate the observations of the social media people who were present so you can review their record of the proceedings as well.

In the lunch time discussion between NEA chair Rocco Landesman and former NY Times journalist, Frank Rich, called “Roccing Out: A Lunch Conversation” (sorry, no direct link you will have to scroll down the page), they went over a number of issues, including Landesman’s now famous comments about supply of arts exceeding demand. What I found most interesting was Landesman’s discussion of his efforts to create a private-public partnership between the NEA and private foundations to better serve the arts constituencies.

I found myself wondering if the association would constrict private foundations’ vision toward that of the U.S. government since they are obviously an influential player or if the NEA’s vision would broaden to more encompass the myriad aims of the private funders. I could see the NEA funding possibly expanding as its chair goes before Congress to mention that influential foundation X was bringing Y amount to their partnership. Or it could backfire and Congress could decide it only proved there was plenty of private money out there. Though if GE and oil companies can make billions, not pay taxes and still receive subsidies, there has to be a way to successfully frame the argument.

Landesmann also discussed how he is trying to work with other departments of the federal government to get them to emphasize and use the arts in their programs. He described his efforts as being the coo-coo bird who lays his eggs in other bird’s nests for them to raise since they have more resources than he does. Two examples he used were aligning the arts with transportation projects and housing and urban development.

The other session I watched was “Sharing the Stage: Globalization and Cultural Might.” The thing that grabbed me was the discussion of how construction of arts and cultural centers were seen by countries as a symbol of having made it. Having such buildings were seen as conferring credibility as an accomplished, modern culture and society upon the country. The problem is that some countries haven’t thought about actually inhabiting the buildings with art.

Michael Kaiser of the Kennedy Center talks about traveling to Riyadh, Saudi Arabia and walking around a magnificent art center located far from the population that has never really had any performances in its 15 years of existence. He mentioned another large facility being constructed in the same country where they have projected no operating costs because it will be run entirely by volunteers. Vishakha N. Desai, President of the Asia Society, mentioned that China has plans for building hundreds of museums, but when she asked the mayor of Shanghai what would be put in them, she was told they would figure that out.

The point they were making was that there was something of a misunderstanding in governments in whether the value in art resided in the buildings or the artists. There was some discussion, especially when they opened up the floor for questions and comments, about the importance of having places to exhibit and perform work as well as to train managers to properly empower and enable the work of artists.

My first reaction to this talk about the building bringing prestige was the thought that this is what comes of promoting the economic value of the arts. This came mostly as a result of thinking about all the money and resources that went into the construction. I soon realized though that what the governments really sought was not the tangible value, but to trumpet the intangible value of their country’s culture. They have world class facilities in which to feature world class artists, heavily represented by artists of their own country.

In the US we have been arguing that arts and culture are one of the things about our country that make it great and strengthen the national character. It is difficult to criticize a government who agrees with that and wants to invest huge amounts of money to draw world wide attention to that fact.

Except, of course, that the Field of Dream expectation that if you build it, the artists will come to inhabit the facility and bring life to it is somewhat erroneous. It takes some significant effort and planning to cultivate an artistic life for a facility. My strong suspicion is that the construction of these facilities didn’t involve a lot of input from artists who represented the type envisioned to perform/use the building and the facilities may not be suitable to their needs at all necessitating some immediate renovations.

Info You Can Use: Volunteer Liability

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An appreciative nod to the Gene Takagi at Non Profit Law blog for linking to a Charity Lawyer post about a non-profit’s liability in respect to volunteers.

Guest blogger Deanna Rader notes that a non-profit may be liable for the actions of their volunteers under a doctrine known as respondeat superior which holds that an employer can be responsible for the acts an employee commits in the course of executing their duties. Some states have extended this concept to include volunteers.

In this context, Rader suggests that care be taken in selecting and training volunteers.

* How will volunteers be utilized? The risk of liability increases as the volunteer is given more responsibility and independence. Carefully choose the responsibilities that will be given to volunteers. Also, there should be a clear delineation between the tasks performed by employees and those performed by volunteers.

* What selection criteria should be used? You should use care to ensure that the volunteers selected are fit to serve in the positions at your agency. Your selection criteria may differ based on the responsibilities given to different volunteers. If you are using volunteers to serve children, disabled individuals, or other vulnerable populations, your selection criteria may include a background investigation and criminal history check. If your volunteers sort food for a food bank serving adults, however, a background investigation may not be required.

* What training is necessary? Before putting volunteers to work, they need to be trained to perform the assigned tasks. Otherwise, you could be held liable for their negligent performance of those tasks if it causes injury to others. Also, the nonprofit organization could be held liable if a volunteer who is not properly trained injures himself or herself because of inadequate training.

* How will the volunteers be supervised? Volunteers should have appropriate supervision based on the tasks assigned. A warehouse volunteer who is performing physical labor may not need close supervision, whereas volunteers dealing with vulnerable populations may need to be closely monitored.

* How will problems be addressed? Although good volunteers provide invaluable assistance, bad volunteers can expose you to substantial liability. Do not be afraid to address problems head-on and terminate the volunteer relationship if a volunteer exhibits inappropriate behavior.

Rader also address injury that a volunteer might take in the course of the service to the non-profit. Employees are covered under worker’s compensation laws while volunteers are not. However, it is important to clearly delineate between the two categories of workers. In addition, employers have a responsibility to provide a safe work environment to everyone who may enter their premises, regardless of employment status.

“An employer also has a duty to maintain safe working premises for an employee. Many states have applied this doctrine expressly to nonprofit organizations, requiring them to maintain a safe place for volunteers to work or finding them to be negligent in failing to provide a safe place for a volunteer to deliver services. This duty can apply even if the volunteer is working off premises while providing services for the nonprofit organization, making the nonprofit corporation liable for the actions or inactions of a third party.”

Among the steps Rader recommends taking are having volunteers sign a general waiver and release that informs them about the possible hazards they may face. She also mentions having volunteers work with a buddy or a team so they are never alone.

All this seems very valuable for the performing arts. I have worked in places where volunteers have done everything from ushering to construction to driving farm tractors. There has been ample opportunity for them to injure themselves or each others. We rent our facility out to groups and have had other people’s volunteers damage equipment on a number of occasions for which we held the renter liable.

On the flip side, performance groups often don’t have their own facilities and have their volunteers meet them at an unfamiliar place like my theatre to help them put up a show. In such a situation, you are dependent on the performance facility’s maintenance program and good practices to keep your volunteers safe.