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Responsibility, pride in product and a willingness to see a project through seems naive and out of date. Art both mirrors and projects the implications of societal forms and attitudes. Just as the movie "All That Jazz" exposed producers who considered the life blood of a great choreographer a simple product to be discarded when they could make more money from the company's insurance, so does the intelligent practice of Entertainment law promise a rescue from such a loss of values. Especially if the lawyer has, like Donald C. Farber, the long view.
In the third most populous nation on the earth, with 75% of the population of European origin, America sits firmly astride an artistic economic depression that has lasted since the last "great" depression of the 1930s. Graduates of America's professional arts schools subsist on part time employment, poor family lives and a gross failure to make a living. It's clear that America's arts business more resembles the poorest third world country or Pine Ridge Indian Reservation in South Dakota than it does even the local dry cleaning business.
In the Arts the big winners are very big and the losers represent anywhere from 80 to 98% of the total college graduates in the field. Rather than lay this at the foot of education, we blame it on God (talent). Rather than blame the government for not economically stimulating a consciousness raising, educational, non-polluting, self-renewing, pleasurable, team developing profession, we blame it on consumer demand although the arts are regularly used to stimulate consumer demand through advertisement on television. Frankly this logic doesn't compute. Only the law and men like Donald C. Farber stand between this flawed format and total artistic cultural collapse.
Donald C. Farber's "Common Sense Negotiation, The Art of Winning Gracefully" belies a "Tiger" of a book. Complexity expert John N. Warfield states that "Nothing is complex to those who know how to solve the problem." Farber writes with a deft light touch walking amongst the mine fields and the failed careers of America's brightest talents with respect, humanity, compassion and toughness. I'm reminded of Deming's lectures or Senge's five disciplines. Farber has been dealing with and protecting free lance individual entrepreneurs since before the local corporations knew how to spell the word. Farber's sections on who the expert is, the importance of understanding the system, teamwork with your negotiator, clarity of intent, gracefulness under fire, the meaning of the deal and the mastery of it with an awareness of how to work right up until the final curtain, are well written and cleverly expressed. Unlike Senge who speaks more holistically than he writes, Farber writes as he speaks. That can be confusing to some who demand a more linear projection of reality. Such a view is not artistic and Farber has made his living from the beginning with artists. I would also recommend his "From Option to Opening, a Guide to Producing Plays Off-Broadway" as a practical companion to "Common Sense Negotiation."
He makes it clear from the beginning that even existing in the current climate is a success but his goals are higher than mere existence. He has a clear sense of the necessity for flexibility and an attitude that creates serious theatrical work rather than lost time in useless conflict. Like all lawyers Farber is no stranger to conflict but like the late Arthur Goldberg, he keeps things low key and points out that an agreement is only as good as the success of the product it produces. The goal is the project's success but all parties must survive to collaborate another day and that means that the project must be economically successful as well. The system of agreements is "Common Sense" or what anthropologist Clifford Geertz calls "local knowledge" i.e. cultural language that forms the basis for all agreements and is implied but not necessarily written. Farber explains these sub-texts in such a way that the actual document is clear across cultures.
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