Best Practice for Authorial Billing

Overview

In the theatre industry, the term “billing” refers to how the people who worked on a show are given credit for their contributions. For playwrights, composers, lyricists, and librettists who make their living on their names and reputations, billing is an important form of compensation.

In 2021, the Guild’s opera committee released its Model Billing Provision for Opera as part of the ongoing effort to ensure librettists are given the same authorial rights as their composer counterparts in that space. In addition, each of the Guild’s model production agreements include billing provisions which conform with industry standard. However, we understand that there are still lingering questions, especially as it relates to the differences in billing for musical theatre vs. opera vs. plays vs. devised theatre. Therefore, we wanted to ensure our members are clear on what is and what is not the standard form of billing in any situation.

Discover our “Best Practices for Authorial Billing” (below) so that you can be informed and empowered to advocate for yourself and ensure that you are receiving the credit that you deserve, as set forth by current industry standards.

Sometimes, producers and producing companies engage in billing that is less than the “Best Practice,” but is still within a range of practices that an author may feel is at least minimally acceptable to them. Such minimally acceptable practices may include receiving billing credit in all programs, advertising, and publicity for the play which is under the control of the producer, subject to any of the following:

Standard exclusions (in ads of less than ¼ page, ABC listings, or where only the title, theatre and stars above the title are included, or in congratulatory ads, or on marquees, etc.);
Use of a “billing box”, where everyone (other than stars) are billed in a box, with the size of their billing based on the non-logo title included in the box;
Use of “movie-style” or “run-on” billing, where everyone is billed in run-on lines with all the billing of equal size (other than theatre and stars billed above the title).

Regardless of the extent of an author’s prominence in the industry, or the nature of a particular production (including its genre, market, or venue), there are certain billing practices that are substandard in every instance. Such practices include:

The omission of an author’s billing whenever anyone else receives billing (other than star above the title), subject only to standard billing exclusions;
Providing an author with smaller or less prominent billing than that provided to anyone else receiving billing, other than star above the title;
The omission of an author’s biography whenever anyone else receives a biography.

While billing failures like these are serious, at least they can be cured by the producer. So the most serious (and most common) substandard billing practice is the attempt by producers to limit their obligations to cure such breaches.

The best practice for cure provisions is to have language in the production contract that requires the producer to cure a billing breach promptly upon written notice. Minimally acceptable language might limit their obligation to cure “prospectively” and “as soon as is practicable.”

But some producers try to go well beyond such limitations. They may label such breaches as not being “substantive”, or not even breaches at all, so they don’t have to cure the violation. Or some try to limit their obligations to “commercially reasonable” efforts to cure. But just as the producer has an obligation to pay you according to the contract, authorial billing is an absolute obligation, not one that is subject to “commercially reasonable” or even “best” efforts.

Producers may even ask you to waive your right to “equitable relief” but, unlike the failure to pay contracted royalties, the damage done by a billing breach cannot necessarily be cured by making a payment. Billing goes to the reputation of an author and their professional standing, so authors need to be able to get equitable relief (like injunctions or termination of the contract), not just money damages.

In any event, your contractual rights to billing are meaningless unless there is a cure provision that gives you the ability to enforce them.

Plays

The playwright should receive billing credit in all programs, advertising, and publicity for the play which is under the control of the producer.

When receiving billing credit, the playwright’s name should appear on a separate line immediately following the title of the play, in a size no less than [50%] of the non-logo title, or [25%] of the logo title (or the largest letter in the billing of stars above the title), whichever is greater.

Only the producer, theatre, and star billing may precede the playwright’s billing.

No one should receive larger or more prominent billing than the playwright (other than the stars who are billed above the title and the name of the theatre).

Only stars and directors may be billed as large or as prominently as the playwright.

The playwright should receive a biography in any program when any person receives a biography, immediately after the cast biographies, in a length no less than that provided to any other party given a biography.

Musicals

The composer, lyricist, and bookwriter should receive billing credit in all programs, advertising, and publicity for the musical which is under the control of the producer.

The names of the composer, lyricist, and bookwriter should be the same type size and prominence.

When receiving billing credit, the names of the composer, lyricist, and bookwriter should appear on a separate line immediately following the title of the musical, in a size no less than [50%] of the non-logo title, or [25%] of the logo title (or the largest letter in the billing of stars above the title), whichever is greater.

Only the producer, theatre, and star billing may precede the billing of composer, lyricist, and bookwriter.

No one should receive larger or more prominent billing than the composer, lyricist, and bookwriter (other than the stars who are billed above the title and the name of the theatre).

Only stars and directors may be billed as large or as prominently as the composer, lyricist, and bookwriter.

The composer, lyricist, and bookwriter should each receive a biography in any program when any person receives a biography, immediately after the cast biographies, in a length no less than that provided to any other party given a biography.

Whenever any of the authors’ names are included in press or publicity materials under the control of the producer, the other authors’ names should be included as well.

The order in which the composer, lyricist, and bookwriter appear in a billing credit should be dictated by the collaboration agreement between the parties.

Opera

Download the Model Billing Provision for Opera

The composer and the librettist should receive billing credit in all programs, advertising, and publicity for the opera which is under the control of the theatre/opera company.

The names of the composer and the librettist should be the same type size and prominence.

When receiving billing credit, the names of the composer and librettist should appear on a separate line immediately following the title of the opera, in a size no less than [50%] of the non-logo title, or [25%] of the logo title (or the largest letter in the billing of stars above the title), whichever is greater.

Only the theatre/opera company and star billing may precede the billing of composer and librettist.

No one should receive larger or more prominent billing than the composer and librettist (other than the stars who are billed above the title and the theatre).

The composer and librettist should each receive a biography in any program when any person receives a biography, immediately after the cast biographies, in a length no less than that provided to any other party given a biography.

Whenever the name of either composer or librettist is included in press or publicity materials under the control of the producer, the other’s name should be included as well.

The order in which the composer and librettist appear in a billing credit should be dictated by the collaboration agreement between the parties.

For more details, see the Model Billing Provision for Opera.

Devised

The Devisor Authors should each receive billing credit in all programs, advertising, and publicity for the play which is under the control of the Producer/Devising Company.

When receiving billing credit, the names of the devisor authors should appear on a separate line immediately following the title of the play, in a size no less than [50%] of the non-logo title, or [25%] of the logo title, whichever is larger.

Only the devising company’s billing may precede the devisor authors’ billing.

No one should receive larger or more prominent billing than the devisor authors.

The devisor authors should each receive a biography in any program when any person receives a biography, in alphabetical order immediately after the cast biographies, in a length no less than that provided to any other party given a biography.

Whenever the name of any devisor (including the devisor authors) is included in press or publicity materials under the control of the devising company, the names of the devisor authors should be included as well.

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Dramatists Guild

The Season in Review Issue 2022-2023

Best Practice