EXCLUSIVE: Latest on SPIDER-MAN - Taymor, Berger & Ensemble Contracts

This afternoon was SPIDER-MAN's 106th preview on Broadway, but the backstage drama isn't over yet. On Friday night, SPIDER-MAN: Turn Off The Dark made their latest in a long line of announcements, that they now have rescheduled their opening night for the sixth time, for Tuesday, June 14, 2011. This new night is two days after the Tony Awards, much to the chagrin of other producers, who would prefer media attention to remain on the winners after Broadway's biggest day. This announcement came as part of a slew of reported changes including what's now considered to be the complete removal of Julie Taymor from the production (in all but name)...though the exact details of her credits, payout and involvement are still being determined in complex legal negotiations that are making progress. We are told that a confidentiality agreement is being pushed for, and is likely as part of the talks.

On Sunday, BroadwayWorld.com has also confirmed that Glen Berger, co-writer of the book who has been left out of much other press coverage and speculation is very much still on board and is at work with comic book writer Roberto Aguirre-Sacasa on making heavy revisions to the book.

These changes are said to include much cutting of Julie Taymor's additions to the already rich SPIDER-MAN mythology including much of the Geek Chorus, and the character of Arachne. Other changes will include The Green Goblin remaining SPIDER-MAN's chief rival for the entire show which will involve changing both the ending of Act 1 and the beginning of Act 2 (with a new opener for the Goblin by Bono and the Edge) along with many other changes in Act 2 including a beefing up of the love story and a heightened sense of 'drama and urgency'. 

We also have gotten the latest information from cast members in the show about their meetings with Actors' Equity. Most of the ensemble's contracts expire this summer, and much of the cast has expressed exhaustion and frustation with the many months of constant rehearsal (since the Summer of 2010 for most) and the continual work and delays which will now continue for another three months. They met with Equity late last week to explore their options, including about contract renewals, requesting changes in pay or vacation time and other potential additions, as well as a few cast members exploring the possibilities of being let out of their contracts early. While some cast members have expressed a strong desire to not continue with the show, no firm decisions have been made and they remain in talks with both each other and the production. 

In yesterday's New York Post, Michael Riedel first reported that talks have 'turned testy' between Taymor and the producers, and that she is now threatening to take the entire script of the show with her, which is said to have the production in 'chaos' with producers quickly scrambling a new script.

BroadwayWorld.com first checked with a member of the show's cast, who told us that they felt that this was surely simply a negotiating ploy by Taymor (if Riedel's report was indeed true), and that her torpedo-ing the show as a whole was highly unlikely, and presumably a last resort. They did tell us that if the script was pulled, that they believed that the production would face an immediate shutdown, as opposed to the one already planned for mid-April.

We checked in with a legal expert, not affiliated with the production, for their take on reports that a Dramatists Guild Contract had not be signed and if Taymor could indeed pull her co-written script from the production.

They told us that:

"Firstly, it's not only a Dramatists Guild contract that includes author approval for changes in the author's script--it's The Common way this is handled in all agreements. As to whether her words can be altered, this source says yes, because there's no signed contract.

Sadly, it's not unusual for entertainment projects of all sorts to go forward without signed contracts in advance. If the Dramatists Guild is involved, there's usually more pressure and if there are offering documents the investors signed, they would normally describe the status of the rights agreements. So, it boils down to good faith--even without a contract, the show is running, we're paying you and billing you, etc., as if it were signed, while we try to get to the finish line.

She also probably has approval of the director, as all authors do. When you have an author/director in one person, that clause is particularly dangerous and the Producer goes into the situation knowing he's in trouble if the author doesn't want to walk away as director. I doubt any of this leads to the conclusion that they weren't happy with her at the time the contract should've been signed.

My guess is her position is that she didn't sign an agreement as author, and an oral agreement isn't enforceable in this instance (it would have to be entirely performable within one year of the date the oral agreement was made and that isn't the case), so on what theory do they have the right to use her work if she wants it stopped? It's a pretty strong position and if they didn't recognize she had that position, they wouldn't be offering to settle for what I'm sure is a large sum of money.

If she had a Dramatists Guild contract, they would have the right to use what she wrote, but not change it or bring in someone to touch it."

It was announced last night that to allow rehearsal time for the new changes being implemented in the show, performances from Tuesday, April 19th to Wednesday, May 11th have been cancelled with preview performances resuming on Thursday, May 12th. This amended schedule will allow the time necessary to execute the new creative team's plan, which will include revisions to the script.

As a result of the new opening night, the performances on June 12th, June 14th, and both performances on June 15th have been cancelled. Additional shows have been added on June 13th at 7:30 p.m. and June 17th at 2:00 p.m. All ticketholders for the cancelled performances who purchased their tickets through Ticketmaster or at the box office will be offered the option of exchanging or returning their tickets. Ticketholders who purchased through other outlets should contact the point of purchase for further information.

As previously announced, Philip William McKinley and Roberto Aguirre-Sacasa have joined the creative team to help implement new staging and book rewrites, respectively. The expanded creative team also includes musical consultant Paul Bogaev and sound designer Peter Hylenski.

SPIDER-MAN Turn Off The Dark is now in previews at Broadway's Foxwoods Theatre (213 West 42nd Street).