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Clause & Effect: <b>'Recoupment' Defined In Agreements for Theatre Productions</b>
In theatre, “recoupment” is a term of art that all knowledgeable persons in the business understand to have a specific meaning. Sometimes it is referred to as “Recoupment of Production Costs,” sometimes as “Recoupment of the Total Production Costs,” sometimes as “Recoupment of Capitalization” and sometimes as “Recoupment of Production Expenses.” These terms all are intended to mean the same thing: each is intended to fix a time when something occurs that creates additional benefits for certain people involved in a play production.
Simply stated, the concept is that the author, director or others involved in the play can be paid more after the play has started making a profit, which is the time when the investors could have recovered their respective investments. It has always been a good negotiation tactic, for example, to offer the author more after the play is making a profit. This tactic has saved many deals that could have fallen through.
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