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Monday, October 19, 2009

"Hot Pants": A Ridiculous Story of Poor Etiquette, Tantrum-Throwing Pricks, and a Lose-Lose Ending

Posted by on Mon, Oct 19, 2009 at 3:09 PM

Where else but TheaterLand could one encounter such a series of stupid, petty, vain, self-defeating events? (Politics, maybe.)

So.

It begins with Troy Mink, local improviser and beloved character actor, who was in something called Andy Christie's The Liar Show—a variation on the venerable party game where four people tell a story, one is a lie, and the players/audience tries to suss out which one.

In Andy Christie's The Liar Show, the human lie-detector gets a prize.

Mink realizes this is a great idea and proposes a local version at Annex Theater called Hot Pants with a stellar lineup of storytellers: David Schmader, comedian Emmett Montgomery, solo performer Keira MacDonald, director/smut-writer Gillian Jorgensen, and others.

Mink's mistake: He and Bret Fetzer (artistic director of Annex Theater) send out a press release saying Hot Pants! was "conceived and curated" by Mink and Fetzer.

Andy Christie, of Andy Christie's The Liar Show blows his stack, claiming Fetzer and Mink are liars and thieves, using an army of commenters (or just a pile of aliases) to browbeat and insult them. See the firefight here. Sample comments:

This is directly stolen from Andy Christie's The Liar Show, which Troy Mink performed in as our guest in Seattle this May. The is an absolute low in artistic ethics.

Annex Theater: cancel this booking. If you don't, you're a party to the theft of intellectual property.

GROSS GROSS GROSS. YOU DESERVE A LONG SHAMEFUL CYBER-FLAMING DEATH!!!

people are being way too nice in their posts. go fuck yourself, you stealing prick!

Fetzer freely admits the mistake:

I, carelessly and clumsily, put 'Conceived and curated by' Troy and myself on the press release for Hot Pants. At the time, I was writing it hastily and casting in my mind for a press-jargon equivalent to "written and directed by", without thinking through the implications—it wasn't my intention to claim any ownership of this idea, but that's unquestionably how it reads. (I could say that I was so certain that the idea was public domain that I didn't think it would read that way, but in truth I was on autopilot and wasn't thinking at all.) While I'm agape at Andy Christie's hysteria and bullying, I fully recognize that this mistake fanned those flames.

It was pointed out to me that the press release said this while I was in e-mail to-and-fro with Andy Christie about all of this; I sent him an immediate apology for that, but at that point he'd already posted "These guys are thieves!" on my facebook page and the digital lynch mob was well under way on Broadwayworld.com.

Andy Christie demands a royalty, Fetzer issues an apology and seriously considers paying him a fee, but Andy Christie is such a tantrum-throwing prick, Annex Theater decides it'd rather cancel the show than do business with him.

Several things went wrong here.

The big, obvious numero uno: Andy Christie claiming intellectual property rights over a very popular party game people have been playing since before the fucking Flood. Christie sent emails to the participants suggesting that they boycott the show.

As Schmader responded: "I used to play 'the Liar Game' with my North Carolina School of the Arts classmates; this was 1988. I can understand your annoyance with Troy, but my connection to a liar game long pre-dates the Liar Show..."

If Andy Christie hadn't been such a tantrum-throwing prick, he could've gotten everything he wanted: a public apology, a royalty check he didn't deserve, and free press for Andy Christie's The Liar Show. Instead, he threw a prickish tantrum and gets nothing. (Except a burgeoning Google relationship between "Andy Christie" and "tantrum-throwing prick.")

Number two: Fetzer and Mink clearly shouldn't have claimed credit for "conceiving" the liar game. But they admitted their poor etiquette/mistake and everyone should've moved on with their lives. Instead: tantrum-throwing prickery.

Number three: Annex shouldn't have caved to Andy Christie's insane demands. I cannot imagine Andy Christie, tantrum-throwing prick, would try to convince a judge that he holds the intellectual property to a very popular party game people have been playing since before the fucking Flood.

I emailed Andy "tantrum-throwing prick" Christie and asked whether he was happy with this lose-lose situation he precipitated. He wrote:

Yes I was happy with the outcome. But also a little sad that it came to that. I think the speed with which this all developed might have caused things to get a little more heated than they might have otherwise. I like Troy, and he & Bret were both great about resolving the problem.

"A little more heated?"

You think, Andy? After the blast furnace you pointed at Mink and Fetzer—for specious and childish reasons—you deserve a little blowback.

I suggest Annex re-mount show with the name Andy Christie Is a Tantrum-Throwing Prick: The Game Show!. But I'll leave it up to you, Sloggers.

As always, Slog polls are legally binding.

(And for a trip down memory lane—this whole fiasco reminds me of the ridiculous WET vs. WET lawsuit that a New York company threatened a few years ago.)

 

Comments (40) RSS

Oldest First Unregistered On Registered On Add a comment
Fenrox 1
I think I know! Its the second story that was a lie right?
Posted by Fenrox on October 19, 2009 at 3:25 PM
Will in Seattle 2
I voted for option 3 ... mostly due to the legally binding nature of the poll.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 19, 2009 at 3:25 PM
Dougsf 3
I stopped reading the article because it was making my brain hurt, but I really like the idea of seeing Hot Pants! on a marquee.
Posted by Dougsf on October 19, 2009 at 3:29 PM
4
New York bluster beats Seattle nice again.
Posted by Walrus Endocrinologist Theatre on October 19, 2009 at 3:41 PM
5
I think we should all sue "Wait, Wait Don't Tell Me" as well. I'm sure they're on the hook for something.
Posted by Pratura on October 19, 2009 at 3:49 PM
Will in Seattle 6
@5 - how come Wait Wait Don't Tell Me is never in Seattle, by the way?
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 19, 2009 at 3:57 PM
Buttercup 7
I Googled some irate screechers to see if they were real people, and the "LONG SHAMEFUL CYBER-FLAMING DEATH!!!" lady offers "CREATIVITY/CAREER/LIFE COACHING" for only $200 an hour! Or you can get the discount rate of $3,000 for 15 hours if you're bad at math.
Posted by Buttercup on October 19, 2009 at 4:00 PM
8
Goat suckers, all.
Posted by Internet ADD on October 19, 2009 at 4:05 PM
COMTE 9
@3:

You've got about two more days to do so before I get around to changing the marquee outside the theatre.
Posted by COMTE http://www.chriscomte.com on October 19, 2009 at 4:08 PM
10
@6: "Wait, Wait" was here last year and will be again this year.
Posted by bigyaz on October 19, 2009 at 4:21 PM
michael strangeways 11
The use of proprietory titles usually indicates a high level of douchyness...
Posted by michael strangeways http://www.seattlegayscene.com/ on October 19, 2009 at 4:38 PM
Will in Seattle 12
oh, dang. missed it.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on October 19, 2009 at 4:45 PM
13
I just read up on The Liar Show and while it might be based on a game it is an often performed show with a specific format. It is unfortunate that a press release was issued stating that the Hot Pants show was 'conceived' by Mr. Mink. I believe that might have been an oversight but the Hot Pants show does sound very much like the Liar Show and especially as Mr. Mink appeared in that show I can understand how Mr. Christie must have felt. Did anyone ask about permission or anything?
I don't understand why this article is so snarky about this? The theft of intellectual property is serious. While I'm sure that Mrs Mink & Fetzer meant no harm, I can understand the objections.
I did not vote because I think that the show should have been canceled, but not because I think that the issue is 'insane'.
I DO object to your bias of choices

Posted by asiatatiana on October 19, 2009 at 4:53 PM
Free Lunch 14
Shoot. That sounds like a good show.
Posted by Free Lunch on October 19, 2009 at 5:01 PM
15
asiatatiana, grown-ups don't negotiate about intellectual property rights via Facebook flame wars. It's pretty clear how poor Mr. Christie *felt* about the similar show 3000 miles away, but if he actually had a legal case -- which he absolutely, positively does not -- he could have pursued without the screeching hysteria and rabble-rousing. I can't think of a better word than "insane" to describe such behavior.
Posted by Lo on October 19, 2009 at 5:02 PM
16
Seattle nice? I agree, why so snarky? I wonder what the other side of the story is? This story smells to me.
Posted by Maeve on October 19, 2009 at 5:02 PM
17
This is not what happened. How could you write this? What's with integrity in this town?
Posted by Kerry on October 19, 2009 at 5:11 PM
18
@ 17. Please set us straight with your credible version of the story, anonymous commenter.
Posted by Brendan Kiley on October 19, 2009 at 5:17 PM
19
Both sides seem pretty obvious:

Mr. Liar Show has been producing his event for a few years and genuinely feels he owns this idea (which others feel is in the public domain). He hears about someone trying to steal his idea -- and of course he'd feel that way, someone who performed in his show is involved in this new one. He blows his top, asks his friends for help, they go even more over the top and, as so many online conflicts do, it ends in name-calling.

The Annex people (Annexians?) take an idea that they think is in the public domain, then get contacted by this guy who says he owns it and wants money. They defend themselves, say some dumb things, then decide the show isn't worth it (no one in their right mind wants a lawsuit) and cancel the show.

It all comes down to: Do you think he owns this game or not? If you do, Mr. Liar Show is in the right and defending himself, although a bit stridently. If you don't, he's a domineering prick. You don't have to think either side is evil, they're just on different sides of this intellectual property fence.

Have I missed anything?
Posted by bottsford on October 19, 2009 at 5:30 PM
Mr. First Nighter 20
Methinks I detect the unmistakable odor of a hand enwrapped by an unwashed sock...
Posted by Mr. First Nighter on October 19, 2009 at 5:33 PM
21
@19: Except there is no evidence of Annex's people saying any particular "dumb things" as things began to escalate. They seem to have reacted swiftly and reasonably.
Posted by Winnebago Emissions Theatre on October 19, 2009 at 5:40 PM
Karla Canadian 22
@19 yes - there's no IP in an idea for a show older than time, be it copyright or otherwise.
Posted by Karla Canadian on October 19, 2009 at 5:51 PM
Keekee 23
In Mr. Christie's defense, I had never heard of this so-called, age-old "Liar Game" that they claim as public domain, before I read this article.
Posted by Keekee on October 19, 2009 at 6:58 PM
24
I never heard of it either.
I'm wondering, did the Annex at least tell Mr. Christie that they were doing this? Or did he find out when that press release saying Troy Mink conceived of it went out?
IF that's how he found out then I can why he'd think he was being ripped off.
Posted by viv on October 19, 2009 at 7:14 PM
Cracker Jack 25
Brendan -- Whatever happened with the WET vs. WET lawsuit, anyway?
Posted by Cracker Jack on October 19, 2009 at 9:30 PM
The Bailiff 26
@25 reminds me. At least part of this issue centers around the spectre dreaded legal action. I've seen this before when, in 1995, AHA!'s "Star Drek: The Musical" was sent a cease and desist letter from Paramount, who owns the rights to all things Trekkie (though the specifics of parody exemptions, which would have cleared the show, were never fully investigated). I saw it again in the WET v. WET thing and now this.

What I want to know is are there any law professionals out there who would be willing to offer pro bono consulting in disputes like this? When the "lawsuit" stick is waved around, those of us in the arts who don't know better (and should, actually) cower in fear. The idea of paying the legal fees even for a winning case is untenable for most small organizations. "Seattle nice" could turn into "Seattle legally protected". Though it doesn't roll off the tongue as well.

One great bit of legal advice I got was that as soon as the word "lawsuit" is mentioned in any dispute, you should stop talking and lawyer up. If Annex (or AHA! or Seattle's WET) had some law-talkers in their corner, things might not have gotten so out of hand.
Posted by The Bailiff on October 19, 2009 at 10:05 PM
27
MINK here... had no idea all this was flitting about in Cyberland... I'm like SO far behind the times.

Here's my recollection; I was at a meeting where I proposed 2 "official" ideas to Annex (neither of which was "The Liar Show") This "Hot Pants" idea occurred during an informal conversation between Bret & myself after the proposal mtg... Bret asked what I'd been up to lately... I named a few things which included "The Liar Show". I explained to Bret that Mike Daisey suggested me as a storyteller to represent Seattle & said these folks were nice & he thought I would be good at it. Bret suggested that this might be a fun format for a late night at Annex. NOW... crucial question... why didn't I contact Mr. Cristie before we "dove" in? The pure, honest, embarrassing, simple, answer is I simply could not remember his name or ANYONE'S name from the group & had long since deleted those msgs after the show (don't ask why I feel the need to delete emails... but I do... I'm not a hoarder of email... until NOW... lesson learned!)

As far as the "Conceived & curated" statement in the press release, Bret would be the first to tell you I have NEVER made any claim in that direction... that was an Annex description. I have my own original shit & have no need to try & add to my repertoire by "stealing" & pretending to make others' ideas my own... that's just being an asshole (unless I was really trying to win the GENIUS AWARD this year by making my BRILLIANCE be known!!!) & what's more, as my mother told me, this sort of thing "makes Jesus Cry"... which I have no intention of doing.

Never heard of the "party game" mentioned but TV shows & some improv games use this similar format... see "To Tell the Truth" description in Wikipedia. The biggest chunk of my work/history is from the improv world where theater games & formats are happily shared with other groups all the time.

I hope the best for the "Liar" folks & am truly saddened by both the show being canceled & the amount of animosity & pure hatefulness of fellow artists hurling insults about & wanting to be added as Facebook friends so they can post negative messages about my integrity. Truly a breakdown in communication & it sucks!... I wrote an original "Hot Pants" theme & we were gonna have "Hot Pants" dancers.... sniff... now we got nuttin'!!!

Troy
More...
Posted by Mink on October 20, 2009 at 2:06 AM
28
It's not a total loss. Kiley got some column inches without even having to walk out of a performance.
Posted by Kitty Carlisle on October 20, 2009 at 9:08 AM
29
@26:
Annex Theatre has an attorney on the Board of Directors. That's me. Hi.

When this kerfuffle began, I was contacted by several staff members and Bret. The Annex staff and Board know that I am always available (on a pro bono basis, of course) to provide any legal assistance Annex might need, including representing the theater in court.

Here, Annex never had any intention of initiating litigation. However, Annex was certainly braced to respond if Andy Christie had initiated a lawsuit. Mr. Christie would have surely gone down in (very expensive) flames if he had swung the "lawsuit stick" at Annex.

My point is that there are legal professionals who are sympathizers and advocates for small local theaters. Bullies like Mr. Christie (and perhaps Paramount and the Women's Expressive Theater) should remember this, although I'm sure Paramount's legal stormtroopers are hardly shaking in their jackboots.
Posted by Laura McCabe Arras, Attorney at Law on October 20, 2009 at 11:51 AM
30
I do think that Mr. Christie reacted in a heated manner, but I think it was his cronies that went down the bullying path. I believe he posted a 'reminder' of the liar show on Mr. Mink's facebook, before it went out of hand which Mr. Mink 'liked' and didn't comment! I think this further incensed him, and that's when the whole thing escalated.
I think I would be pissed off too if some dude who was in my show 'conceived' an almost identical show after appearing in mind. Legally would I be in the right? Perhaps not. I would be put out though.

I feel that Mr. Mink's explanation of 'forgetting people's names' is a weak one, and a bit too 'cutesy theater absent-minded genius'. A simple google, an email to say 'loved being in your show - inspired by it, and now doing another show at Annex' wouldn't have been that hard, would it? Unless there was something TO hide?

While ownership of the concept is at best dubious, I do feel that there was a tiny bit of 'getting away with it' going on.

Pity. Love Annex's work in general
Posted by Herb on October 20, 2009 at 12:13 PM
31
I thought I WAS a 'cutesy theater absent minded genius'! DARN! Now I'm truly left with an identity crisis... perhaps I can view myself as a dark, sinister, devious, ghoul with laser like focus & evil plots to seek out other shows to STEEEEAL! Maybe a show like 'To Tell the Truth' with it's concept of WHO'S the impostor... or wait is that the Liar show? In the end there really IS nothing new under the sun... Put on a wig & glasses to be an old woman who hosts her own talk show... STEAL the Wing Ding... I don't care. The point of doing this kind of work is to entertain people (at least for me), have fun & laugh while making others laugh (& if you think that sounds trite so be it... God knows I don't do this shite for the $$$)
I can honestly say I have a clean conscious, Herb... I never felt like I was 'getting away' with anything & I obviously can't change your mind or convince you about that either. In the end there are always folks who love to hate & create drammmma if you'd like to demonize me I can't stop you or try & change your mind nor do I want to. I know the truth... the rest is just "Yes you did... No I didn't" until you're blue in the face.

Call it what you will I honestly don't know what else to say "Herb" I didn't remember Andy's name @ the time & had no intention or perception of stealing anything... (ie my post above about being from an improvisational background.) Also if you read my initial post again I never said I 'conceived' the show... this was an error on Annex' part which Bret talks about in his post... though I DO understand Andy's initial response in reading it... that would piss me off as well.

I have no intention of arguing or trying to defend my character or integrity any more in blog posts to someone, who I assume, doesn't really know me. Any further negativity about it is just bullying. If you want to continue discussion or question my motives address me directly please. "troymink@hotmail.com"

I wrote Andy a lengthy email & he & I have resolved things. To me that is the most important thing regarding this whole mess.

Troy
More...
Posted by Mink on October 20, 2009 at 5:42 PM
32
@30 -- Regardless of Mink's absent-mindedness or carelessness, if Annex was trying to hide something, they weren't doing a very good job of it; they sent their press release to a NYC-centric theater site. Pretty dumb if they were trying to shield this from the eyes of a guy in New York. If Christie doesn't own the concept, then there isn't any 'getting away with it' -- Annex didn't owe him anything. They had no reason to contact him. You may think it would have been polite to do so, but that's all it would have been, courtesy. But if they had, Christie would have insisted on them admitting he owned the idea, because if he didn't, he'd be admitting he DIDN'T own it, which he clearly won't do. This whole tempest-in-a-teacup would have happened much earlier on and would have stopped Annex from doing the project before it even started.

There's a very similar situation with the shows called Mortified, Crings, and Salon of Shame -- all of which involve performers reading from their adolescent diaries, love letters, etc. I'm sure whoever was first was cranky when the second one started up, but though it's a very clear idea, it doesn't have enough content in and of itself to be owned and copyrighted.

@22 -- we actually don't know if "The Liar Show' can be copyrighted; I'd say no, but there could be some element of it unique enough that Christie would be awarded copyright, and it could be that part of the structure that Fetzer and Mink were going to use included that. But we wouldn't know that without some kind of lawsuit/copyright wrangle that would suck the soul of everyone involved and give lawyers buttloads of money that I'm sure neither Annex nor Christie have. Christie probably knows he couldn't win and that's why he's screaming "Artistic integrity!" so loudly -- Johnson's "Patriotism is the last refuge of the scoundrel" applies just as much to morality and "artistic integrity."
More...
Posted by bottsford on October 20, 2009 at 5:47 PM
33
'Cringe', not 'Crings'.
Posted by bottsford on October 20, 2009 at 5:53 PM
34
@ 31 - Mr Mink, if you think my post was demonizing you, then I put it to you that you are equally as capable as Mr Christie of jumping off the handle in terms of reaction! Far from 'love to hate', as someone who supports theater, this whole thing actually saddens me. I merely suggested that your 'excuse' as to why you didn't contact Mr Christie was a weak one...how hard is it to google? Then again, it seems to be a moot point...WHY would you want to contact someone if there was absolutely no connection between the shows...?

There just seems to be a slight disconnect.
Andy posted a link to the liar show to your fb (now gone) - you 'liked it'.
Presumably then you remembered who he was? No comment or word from you?
I am not demonizing you Mr Mink, but at best you were artistically very very lazy.

@32 - I agree Annex were not hiding. I think there was a series of disconnects along the way. The first was Mink who was IN the show not posting a response to the liar show notice. Time did pass before the rest of the hot head stuff went down.

Again, yes, as someone mentioned, perhaps just artistic politeness. That would be fine for me.

Posted by HJ on October 20, 2009 at 8:11 PM
35
I vote for remounting the show under the title, "Arming Truth Town," or perhaps "Whatnot Grim Runt."
Posted by flyingfish on October 20, 2009 at 8:23 PM
Buttercup 36
Your anagrams, although clever, neglected Andy's "prick." Although perhaps a neglected prick is part of the reason he is such a tantrum-thrower.
Posted by Buttercup on October 21, 2009 at 12:33 PM
37
When the petty gets creative..at least that's a start! :)
Posted by HJ on October 21, 2009 at 6:30 PM
burgin22 38
What a insane clusterfuck of petty, attention-starved prima donnas.
Posted by burgin22 http://www.zombo.com/ on October 22, 2009 at 12:58 PM
39
As one of Andy's supporters, let me apologize for the flame-throwing. It was a childish response by a number of people who greatly like and admire Andy Christie, and know how much time and effort he puts into his work.

Andy has been unfailingly supportive of the storytelling scene (yep, there's a scene), giving us a venue and a voice and a hell of a good time. To watch a former guest of Andy's turn around and claim credit for the very same show - down to the smallest detail - irked an entire community.

The heated comments Brendan quoted were not from Andy and were easily traceable, as we all used our real names. An alien concept, I know, but easy to do when you've got nothing to hide.

To think of this soft-spoken, generous guy as a "tantrum-throwing prick" is laughable. But Brendan seems to really like that phrase, and doing any actual research for this story would have meant he couldn't use it repeatedly, and what a shame that would be. Seattle nice, indeed.
Posted by Tracy Rowland on November 6, 2009 at 6:19 AM
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