Pay to play in entertainment
Pay to play (sometimes referred to as P2P or pay-for-play) is an umbrella term used for a variety of situations in which money is exchanged for services or the privilege to engage in certain activities. The sports analogy frequently arises, but the basic principle is that one must pay to get into the game or "play".
In entertainment, pay to play often refers to a bargaining chip that a production uses to secure an above-the-line heavy-hitter; for instance, an actor who will commit to a production on the understanding that he will be paid even if he doesn't work. It can be a very lucrative arrangement, especially if the production is able to secure funding and greenlight a project.
Complexity of pay to play
The concept of pay to play may be more complex than it seems, however. Think of a production that has secured an above-the-line heavy-hitter, but hasn't been able to get the green light.
To counter this problem, a production company can offer to pay that heavy-hitter the guaranteed amount of money they've agreed upon in exchange for him or her providing their services on the project. In the best case scenario, this can be a win-win situation for both parties.
But it is important to remember that in most cases, the terms of this deal will be spelled out. The most common form of pay to play is a contractual agreement that guarantees payment whether or not the production goes forward with the signed talent involved.
This is often referred to as a "pay-or-play" contract, and it can be extremely frustrating for both parties when it doesn't play out the way they wanted it to. It can also be a costly exercise in legal fees if either party needs to take it to court and try to enforce the agreement.
If the pay or play agreement has a default clause, it will outline what happens if one party violates the contract. It will also list any conditions precedent that must be met before the pay or play contract can begin to go into effect.
Generally, it is best to avoid pay to play provisions if they are not absolutely necessary for the purpose of a business transaction. These provisions can raise the temperature in a board room, which can ultimately lead to negative outcomes for the business and its investors.
Pay to play in the finance industry
In the finance industry, pay to play laws typically apply to investment firms or their employees who make campaign contributions to politicians or candidates for office in the hope of receiving investment business from the municipalities that those political figures represent. This can be especially problematic if a firm is trying to obtain municipal securities underwriting or management business.
It's a practice that can also lead to fines and damage to reputation. It is not uncommon for a government entity to void contracts or disqualify a company from bids on certain projects.
It's not the most fair way to do things, but it is a reality that must be faced if a company wants to be competitive. If it doesn't, it will need to find ways to increase its organic reach, which can be time-consuming and expensive.
