[SML] [EXTERNAL] Re: Vectorworks for guest designers in schools

[Kristi R-C]

Agreed. 
I suspect IT does not understanding how the terms “commercial” and “for-hire” are used in the entertainment business. The designer’s product is not a work “for-hire” in the legal sense at all, as the designer retains all rights. A school production is "educational” not “commercial.”
Vectorworks WANTS us to use their software for teaching because students who learn it in school go on to prefer it professionally. As Scott showed, they’re willing to give a license so long as it’s used for educational purposes and putting on a school show certainly qualifies. 
I would argue the students are learning from the guest designer in his capacity as an “artist in residence” and as such, the designer should have the same access as regular faculty and staff do to school resources, including computing software, for the period of their employ. Would the IT folks argue he can’t used the WIFI to program?? 
>From a risk management standpoint, it's also in the school’s best interest to have any communications with/from him be on a school-owned email so they have everything should some student make a claim down the line. It’s easy enough to set up forward from a school email to a personal one so he can have copies for his records, too. 
As for the $1500 fee - that’s about half the going rate, but it depends on a host of factors, mostly related to the size, length, complexity, and scope of the show. A simple play with one set and few cues using a rep plot - sure, but I’ve seen as much as $5K for a HS musical. The USA829 rates are publicly available - use those as a guide. 
Also, I’ll posit that the fact someone isn’t doing their craft 24/7/365 does not automatically negate the quality of their work. Often, it’s more a matter of necessity and geography. I don’t stage manage as much as I’d like  because there are no local Equity employers and I’ve got bills to pay - as well as other windmills I'm tilting at. That doesn’t mean the quality of my stage management work is inferior nor is my dedication to doing every job to the best of my ability lacking because I’ve chosen to have health insurance and pay my bills rather than live in poverty waiting for the next SM gig to come along. 
Think about it - our island of misfit toys is full of multi-hyphenates who succeed at multiple things. Bill Sapsis - book and standardized exam author, rigger, business owner, trainer, designer. Richard Niederberg - lawyer, theatrical and TV stagehand, producer.Jonathan Deull - VP of international trucking company, rigger, environmental advocate, lawyer, stagehandDave Vick - Is he less of a rigger because he’s driving a city bus for a living right now or drove a semi? 
I can’t think of a single person here who does only one thing. We’re too intelligent and too stubborn to sit and watch the clock tick by. We make things happen. 
And the skills we have from technical theater are useful in all those other things. 
If you want to see my session on that, I’ll be at Mesa Community College for KCACTF Region 8 on Friday. 
Kristi RC



"1.6 TERMS COMMON TO ALL LICENSES"
"The Licensee may not:"
"d. Use the software for any commercial or for-hire purpose, except for 
use of the software by enrolled students as part of a bona fide 
internship or apprenticeship program approved by Licensee."

Meaning, you can't use it for outside projects that aren't a part of the 
school, *and* make a paycheck from it.

I don't see how the school's charging money for tickets would break that 
portion of the license. The school charges money from students to enroll 
in its courses, so the school is already making money from the use of 
the software. Plus, the license states that a student can make a 
personal income from their use of the software as long as it's part of a 
school internship or apprenticeship.

  
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