In the entertainment industry, the term “billing” refers to how the people who worked on a show are given credit for their contributions. For artists who make their living on their names and reputations, billing is an important form of compensation. In some industries, credits can directly impact financial compensation; in others, the impact may be indirect but it is still critical.
In the theatre, customary billing credit for the author requires the following:
- No one may receive billing larger or more prominent than the author, except for stars billed above the title and the name of the theatre;
- No one may receive billing as large as the author, except for the director;
- No one may receive billing above the title, except for stars and producers;
- The font size of the author’s billing is typically 50% of the size used for the non-logo title and at least 25%-30% of a logo title;
- The author's name is listed directly below the title, on a line by itself;
- The author’s name should be included in the billing in all theatre programs, house boards, posters, cast albums, souvenir programs, and any and all paid advertising and publicity issued by, authorized by, or under the producer’s control, and whenever the director or producer of the show are otherwise included in the billing.
The author’s billing is often subject to certain customary exclusions, including:
- The author need not receive billing in directory advertising (e.g. “ABC’s,” except Wednesday, Friday, and Sunday ABC’s in The New York Times); or wherever only the title of the Play and the name and address of the theatre in which the Work is being presented appears;
- In paid print advertising that is less than ¼ of a page;
- In other paid advertising and publicity in which only the title of the Work, names of stars billed above the title, the name of the theatre, critics’ quotes, and/or ticket price scales appear;
- In the use of quotations from published reports or critics’ reviews in advertising or other publicity;
- In advertising or publicity announcing “Tony Awards” or similar organizations according special recognition to any individual, if the individual is the nominee or recipient of an individual award; provided, however, that if the Work is nominated for or receives an award for Best [Play][Musical and/or Score], the author will get billed as required in any award, congratulatory, or nomination ads with respect to such advertisements.
In addition to exclusions, a producer may want to use a “billing box” (where everyone’s billing is inside a box, except for stars above the title) and then the size of the author’s billing is based on the non-logo title used in the box. They may also ask for “run-on billing” or “movie-style billing,” where everyone (other than stars) gets equal billing in a continuous line, but this form of billing should be resisted, if possible.
The reason this style is used in the film industry is because everyone there is an employee doing work for hire. In the theatre, authors have no benefits other than that which they can negotiate for themselves, but the one thing they do have is ownership and control over their work, and that gives dramatists the power to withhold approval for such a credit. If the producer wants to pay your health insurance, and make contributions to your pension or 401(k), and collectively bargain other minimum terms, like they do for everybody else listed on the program, then they can treat your billing equally to those others. But until then…
The author also has a right to certain “exclusions”. Though the author will have to grant approval over their name, likeness, and biography to be used in the general promotion of the work, they should try to retain approval rights with regard to the use on merchandise (i.e., “Commercial Use Products”), or at least over the category of merchandise, and its use should never imply an author’s endorsement of any product or service.
In addition to billing, authors should receive an approved biography in the program (including playbills and souvenir programs) if the director or producer receives a biography, placed in first position after the cast.
If you get these provisions into your contract, it is no small thing if the producer breaches their billing obligations. As we said, billing is a form of compensation and cannot be ignored. The failure to give proper billing constitutes a “material breach” of a production contract that must be cured promptly by the producer after receiving written notice of the breach from the author.