Not All That Glitters is Broadway: The ‘Here Lies Love’ Controversy

The term “Broadway show” typically designates a production that has been showcased in one of the theaters nestled in Manhattan’s Theater District. Yet, the authenticity of a Broadway show extends beyond mere geographical placement. A plethora of productions aspire for the coveted “Broadway” designation, lured by its connotations of prestige and critical acclaim.

However, not all performances staged in New York City genuinely qualify for this esteemed title. This should apply for “Here Lies Love,” which, despite its aspiration to be branded a Broadway musical, fails to meet some essential characteristics of a conventional Broadway production.

Let’s delve into why this is the case.

“Broadway” denotes a particular district in New York City that hosts the majority of commercial, professional theater productions. Consequently, the phrase “Broadway show” is employed to classify these performances. Nevertheless, the precise definition of a Broadway show encompasses multiple facets, incorporating factors such as geographic placement, seating capacity, and affiliation with prominent industry associations.

The Broadway League, formed in 1930, functions as the principal trade association for the Broadway industry. Its membership comprises theatre owners, producers, and various professionals engaged in creating and administrating Broadway productions. The League undertakes diverse promotional endeavors, generates statistical data, and maintains professional standards within the industry.

The capacity of a theatre significantly influences whether a production earns the designation of a Broadway show. A theater is classified as a Broadway theater if it accommodates 500 or more seats. Those with fewer seats are typically classified as “Off-Broadway.” Conversely, certain theaters with substantial seating capacities, such as the New York City Center, The Apollo Theater or United Palace, where the 2023 Tony Awards are being held, do not qualify as Broadway because they do not comply with Broadway contracts or are not situated within the theater district. This district emerged in the early 20th century when theaters migrated uptown toward the Times Square area. Presently, the district houses more than 40 professional theaters.

Unions also contribute significantly to the definition of a Broadway show. Key among them is the Actors’ Equity Association (AEA), representing actors and stage managers, the International Alliance of Theatrical Stage Employees (IATSE), advocating for technicians, artisans, and craftspersons; and The American Federation Of Musicians, safeguarding the rights and interests of its members, including instrumentalists, vocalists, composers, arrangers, and conductors. Productions affiliated with these unions generally adhere to precise professional standards and wage structures.

Additionally, the Tony Awards, coordinated by the Broadway League and the American Theatre Wing, underscore the distinctive nature of Broadway. These awards, bestowed upon productions staged in Broadway theaters, are broadly recognized as the pinnacle of U.S. theatre honors.

Hence, the “Broadway” label extends beyond the superficial aspects of theater location or size. It incorporates production standards, affiliations with industry organizations, and compliance with specific contractual agreements.

This brings us to “Here Lies Love.”

“Here Lies Love,” David Byrne’s musical theater collaboration with Fatboy Slim, is slated to begin previews at New York’s Broadway Theater on June 17. Now, as The New York Times reports, the labor union representing Broadway musicians is objecting to the production’s use of instrumental tracks instead of a live orchestra.

The use of pre-recorded tracks in the musical “Here Lies Love” has sparked a conflict between New York City’s musicians’ union and the show’s producers. The union sees it as a significant threat to musicians, while the producers argue that it aligns with what the production calls “the karaoke genre,” that is supposedly inherent to the musical.

“Here Lies Love” has garnered critical acclaim in previous stagings Off Broadway and in London. The production immerses the audience in a reconstructed section of The Broadway Theatre, creating a dance club environment to tell the story of former Filipina First Lady Imelda Marcos. The remodeling of the Broadway Theater with the intention of creating a dance floor had an unintended consequence: the removal of the orchestra pit, leaving no room for musicians. Surprisingly, the design process, seemingly supported by The Broadway League, did not initially take into account the need for a dedicated space for musicians.

Developed and directed by David Byrne and Alex Timbers, the musical features music by David Byrne, Fatboy Slim, Tom Gandey, and J Pardo. Pre-recorded tracks have been an integral part of the musical’s development since its inception seventeen years ago. The producers emphasize that this approach is inspired by the concept of “track acts” in clubs, allowing continuous dancing.

However, the musicians’ union, represented by Local 802, views the use of only pre-recorded tracks with no musicians employed to perform as an existential and cultural threat to Broadway and musical theater worldwide. Tino Gagliardi, President and Executive Director of Local 802, expressed concern about the devaluation of live music and the potential loss of jobs.

Since February 2023, Local 802 has been intensely discussing a “Special Situation” request with the producers. The crux of the disagreement revolves around the lease obligations of The Broadway Theater, where the highly anticipated premiere of “Here Lies Love” is scheduled to take place. According to the collective bargaining agreement, hiring 19 musicians is mandatory for this esteemed Broadway venue.

The agreement stipulates that producers must present compelling arguments to a representative panel from Local 802, the Broadway League, and impartial parties if they intend to employ fewer musicians than required in any Broadway house. If consensus proves elusive, the matter may be escalated to arbitration.

However, the producers are seeking to circumvent this contractual obligation, similar to disregarding fair wages for actors or neglecting safety protocols for stagehands. By choosing not to hire union musicians, they undermine the collective bargaining agreement and violate the essential principles of fair compensation and worker protection. This approach erodes trust and collaboration within the Broadway community and compromises the artistic integrity of the production itself.

It is crucial to uphold the rights and well-being of all individuals involved in the theater industry, including the talented musicians who contribute their artistry to create extraordinary performances. Failure to recognize and support their role not only jeopardizes the quality of the production but also undermines the collective spirit that makes Broadway a beacon of creativity and excellence.

With the contractual review process currently underway, the specter of a potential arbitration ruling looms large. A primary instigator for this is David Byrne’s staunch refusal to hire any musicians whatsoever for this particular production. David and the production team maintain that their show is not a “traditional Broadway musical,” thus warranting a “Special Situation” status.

David Byrne’s decision to exclude Local 802 pit musicians stemmed from his dissatisfaction with the sound quality during a Carnegie Hall performance of Here Lies Love. Despite the success of musicals like MJ and “& Juliet,” which have effectively engineered live performances to emulate pre-recorded sound, Byrne doubts the feasibility of achieving the desired sound in this theater due to a lack of precedent. Interestingly, Byrne argues that live musicians cannot achieve the desired sound and frames this departure from contractual obligations as a creative choice. He believes that “the performance of live vocals to pre-recorded, artificial tracks is paramount to its artistic concept.”

In the past, shows requiring fewer musicians employed “walkers” — paid but non-playing musicians — to meet minimum requirements. However, introducing the “Special Situations” clause eliminated this practice. Producers can now apply for an exemption, which, if approved or denied, could proceed to arbitration if contested. While several past Broadway shows (Hamilton, SIX and many others) have received exemptions, the refusal of David Byrne, the mind behind “Here Lies Love,” to consider alternative solutions for the exemption has exacerbated the issue.

The Collective Bargaining Agreement (CBA) appears insufficient to meet the union’s current needs, with Local 802 suffering from reduced bargaining power and no ability to strike. Past decisions by 802 leadership have negatively impacted present conditions, compounded by the indifference of other unions and the Broadway League’s seeming alignment with producers.

Despite the availability of numerous venues in New York City, the main issue surrounding “Here Lies Love” lies in David Byrne’s desire to label it a “Broadway” musical, driven by the prestige and potential long-term revenue associated with Broadway productions.

If a movie producer fails to adhere to the regulations and guidelines set by film rating boards, they cannot accurately claim a specific rating for their film. Film ratings, such as PG-13 or R, are assigned based on content, and misrepresenting the rating could mislead audiences. Similarly, if someone forms a team of athletes but fails to meet the qualifying standards and criteria set by the International Olympic Committee (IOC), they cannot rightfully call their team an Olympic team.

In the realm of professional sports leagues, assembling a team must align with the eligibility and roster regulations outlined by the league’s governing body to compete as an official team in the league. Professional sports leagues have specific criteria for player eligibility, team ownership, and financial obligations that must be met to maintain the integrity of the league.

Just as meeting specific standards and criteria is crucial in these examples, the collective bargaining agreement and rules governing Broadway productions establish clear criteria that must be met for a production to be recognized as an actual “Broadway show.”

These criteria often include provisions for the involvement of unionized workers, such as musicians. Therefore, if David Byrne’s show fails to comply with these requirements, it should not be acknowledged as an official Broadway show according to industry standards.

As the theater girds itself for impending protests, the conspicuous absence of musicians takes center stage, compelling us to scrutinize the repercussions of the current situation. Byrne’s controversial decision to not enlist any live musicians for this production, without considering viable alternatives, raises critical questions:

Why was the production green lit despite no plans for live musicians?
Can protests outside the theater and the amplification of awareness through social media actually make a significant impact and lead to the show’s failure or compel the producers to reconsider their position?
Will the lack of live musicians bear any significance to the ticket buyers, or will their response be one of indifference?
Does the handling of this case, involving David Byrne, the Broadway League, and other unions, suggest a notable lack of respect towards the American Federation of Musicians?

Likewise, it is crucial to analyze the position of other unions. Are Actors Equity And IATSE aligned with the American Federation of Musicians, or will they disregard their concerns when previews begin? Moreover, considering the show’s emphasis on an entirely Filipino cast, there arises the issue of potential ethnic and racial tensions with a musicians’ union that primarily consists of non-“minority” union members.

I played a Filipino Independence Day Parade yesterday and saw this:

At the parade, individuals were distributing flyers to prospective attendees, sparking curiosity amongst the crowd. The potential conflict adds an unexpected layer of intrigue to these proceedings.

This controversial move could potentially establish an unsettling precedent, encouraging the marginalization of the musicians’ union and completely excluding the involvement of live musicians. Considering the scale of these potential implications, how might this incident shape the strategies of other producers in the the future?