On this episode of the Artistic Finance podcast, I had the honor of speaking with Beverly Emmons—an iconic lighting designer whose 37-year Broadway career includes Annie Get Your Gun, Jekyll & Hyde, The Elephant Man, and The Heiress. As an admirer of her work, this interview was both a personal highlight and a deeply rewarding conversation about the business side of theatrical design.
Beverly recently spoke about her career at a United Scenic Artists USA 829 Design Table Talk. She brought up topics that don’t often get the spotlight—copyright issues, union protections, and legal structures that define how designers get paid. It was a conversation that needed to be explored more, and I’m grateful she joined me to do just that.
From the Stage to the Booth
Beverly started her artistic journey as a dancer at Sarah Lawrence College. An internship at Jacob’s Pillow created an interest in lighting. That transition from dance to lighting sped up when she worked at the American Dance Festival, assisting the legendary Tom Skelton. While she spent years designing for the dance world, she crossed into theatre and opera, including dozens of shows on Broadway.
Copyright, Contracts, and the W-2 Dilemma
One of the most important takeaways from our conversation is the impact of employment classification on copyright. Beverly explained that designers paid as employees (W-2) can surrender their creative rights, while those working as independent contractors (1099) have an easier claim to ownership of their designs. To protect ownership rights, which can have financial impact, they should be specified in the contract.
We discussed how union contracts—specifically those from United Scenic Artists USA 829—streamline negotiations. They define so many terms up front, they can get productions off the ground faster while protecting designers’ interests.
Understanding Theatre Law and Profit Structures
Theatre law, Beverly explained to me, is primarily written to protect investors. That’s not necessarily a bad thing—it makes commercial theatrical investments more transparent and secure. But it doesn’t help designers during contract negotiations where designers must advocate for themselves. Beverly described how designers used to receive a percentage of the gross income, but now when they share in profits, it is on the net income, only after the production’s “nut” (or running costs) is covered.
Don’t Go It Alone—Hire a Lawyer
A major theme in our conversation was how critical it is to have legal representation. Producers and general managers are focused on budgets, which can put creative contributors in a vulnerable position. Beverly’s advice was hilarious: “Hire your own rhinoceros to deal with the rhinoceros.” Designers focus on the art and the stage picture. They aren’t trained in talking about budgets and bottom lines. Enlist agents and lawyers to bring expert help to the negotiation stage.
Why Union Exams Matter
Beverly also weighed in on recent debates around eliminating union entrance exams. She’s firmly in favor of keeping them, emphasizing that passing the test isn’t just about knowledge—it’s about managing stress, conduct, and the overall air of a designer. It takes grit to survive the high-pressure environments of theatrical production, and an exam fortifies that pressure.
A Personal Connection
One of the reasons this interview was so special was knowing that 45 years ago, Beverly designed the original Broadway production of A Day in Hollywood, A Night in the Ukraine—a show I lit more recently Off-Off-Broadway. It’s not performed often, and the timing of my production coincided with the start of the war in Ukraine and the passing of the original Broadway set designer Tony Walton. It’s made a meaningful impact on me as a reminder of how theatre links us across generations and geographies.
Beverly’s Legacy and Resources
In addition to her design work, Beverly has built The Lighting Archive, which houses over 75 years of light plots and paperwork across theatre, dance, and opera. She’s also featured in the Performing Arts Legacy Project, where she shares highlights from her life and career. Her page includes reflections like “Never Use the Word NO” and stories from working with Martha Graham and Merce Cunningham. If you’re interested in theatrical lighting design history, both resources are worth checking out.
Key Takeaways from the Episode:
Form an LLC to protect your creative work and shield yourself financially.
W-2 vs 1099: Designers paid as W-2 employees might be giving up copyright; 1099 contractors retain it.
Union contracts are valuable tools that expedite negotiation and protect designers.
Theatre law protects investors, not artists—so designers must advocate for themselves.
Profit participation clauses in contracts can provide long-term income if a show is successful.
Hire legal help to negotiate contracts instead of doing it yourself.
Union entrance exams are important for maintaining professional standards.
The Lighting Archive and the Performing Arts Legacy Project are valuable resources for lighting designers.
Designers have a legacy—documenting it is part of preserving the craft and tradition.
Thank you to Beverly Emmons for sharing her insight, her stories, and her candor. Listen to the full episode here.