Author Topic: LEGAL ISSUES IN STAGE MANAGEMENT: Discussion - no answers or legal advice here  (Read 3441 times)

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MatthewShiner

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On the discussion on student stage management kits, we were discussing the murky legal issues of the legality of handing people over the counter medication.  Some of us are aware of the legal issues involved in it.  As always, laws vary from state to state, country to country.  But it is good to be aware that there are parts of our jobs that come up against laws.  Everyone should be aware of these issues.

** THIS IS NOT LEGAL ADVICE **

Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules brings up issues about what you can tell people about other people's health issues and concerns.

There are hiring practices about age, race, sex, gender, sexual orientation - - - I remember once being told by a PSM that, for the one open slot, he was looking for African American Woman . . . seriously?  I was not that interested in working with the PSM.  Twice in my life I have been told straight out, I was NOT being hired because I was white?   

Also, our paperwork, books, reports, etc - can be subpoenaed.   

Copyright laws in dealing with scripts, scores, and video recording.  (Or, how do we feel when know a sound designer puts a song in the show you don't have the rights to . . . )

And these have nothing or little to do with the union rules we operated under.

What other legal issues does our find us navigating?
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Anything posted here as in my own personal opinion, and does not necessarily reflect the opinion of my employer - whomever they be at a given moment in time.

SMAshlee

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It was more of a park policy I guess, but I stage managed for a well known theme park with animals.  There were lots of restrictions about what we could tell the public when it came to the animals and even park attendance numbers.

Legally though, we had to be very aware of how show reports sounded because if there was an issue, the first place they went was the show report.  We learned animal training vocabulary so we could be more specific.  After all, "double back flip" sounded better than "flippy thing in the water."

NomieRae

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It seems every show has one murky area...

Worked on a show that used an extensive amount of song clips, and when we performed on TV we had to cut certain songs out because we couldn't get the rights to perform them on TV... which sparked a conversation about how we could perform them 8 times a week without a problem, and, well, that opened a can of worms that I am glad I don't have to deal with anymore.

Also spent a long haul on a show where we dealt a lot with international cast members and their visas and the limitations around them. While company management is ultimately expected to do all the legwork on this, it is nice to know (for example) that a performer in your cast can't travel for an out of state event and perform because their visa won't allow it.

A big one is workman's comp claims - often we are one (or the only) witness to an injury, are expected to provide much of the information for a report, and can have our reports subpoenaed to verify a claim. Once I was event questioned by my employer because I insisted that an actor fill out a report for a minor injury just in case they needed to see a doctor in the future. Where I saw it as covering our bases and having a report on file of an injury, they saw it as coercion. Sigh.

--Naomi
"First, I honor life, and with it my life in theatre." -- Jacques Burdick

Maggie K

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I once worked with a children's theatre company that had a policy where a single adult and a single child could not be alone together.  There always had to be another child or adult around.  Not only was this done for the safety of the children, it was to protect the adults as well from any misunderstandings that might occur (ie. a child tells their parent something that sounds terrible out of context and the angry parent comes after the adult.  There is a witness who can explain what happened.)  Ever since then I've been hyper aware when working with kids and how situations can be misconstrued when taken out of context.  While that company's policy might sound like overkill, in a world where many teachers and other child care professionals are frequently accused/convicted of sexual abuse or inappropriate behavior, it actually is a necessary precaution.

One of my first jobs out of college was with a company where it turned out they hadn't had a fire inspection in over a decade.  There was a huge list of violations that we had to correct in a very short period of time.  The fire marshal was not happy with the company even after all the corrections were made and would make surprise visits for the rest of the season.  I got out of there as fast as I could.
I like the ephemeral thing about theatre, every performance is like a ghost - it's there and then it's gone. -Maggie Smith

PSMKay

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There are specific restraints when it comes to tasks assigned to interns - they must be predominantly educational in nature, and the intern should see more benefit from the program than the employer does.

At least we're generally exempted from food prep laws, since we aren't selling our prop food. Has anyone encountered a situation where prop kitchens are subject to health inspections?


On_Headset

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I think it behooves stage managers to familiarize themselves with basic contract law, especially if they're moving into PSM/PM work, especially if they're non-equity (or equity-plus: educational theatre, touring house, etc.)

I'm also a firm believer that everyone working any sort of tech role should have read the relevant health-and-safety act cover to cover. It'll take a few hours and it won't be the most exciting time you ever devote to a project, but it's worth doing.

MatthewShiner

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Regarding Prop Kitchen . . . which was located with XX number of feet of a "warming kitchen" for catering, we would get inspected . . . but basically just overlooked - since there was an assumption that since the kitchen was near the catering kitchen it might be used.  Deck crew had to keep it tidy.
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Anything posted here as in my own personal opinion, and does not necessarily reflect the opinion of my employer - whomever they be at a given moment in time.

 

riotous