Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What Is Amortization Expense? Explained

Author: Brian D. Spector

Date: February 26, 2024

Key Contacts

Back
What Is Amortization Expense? Explained

The financing side of a Broadway production is far less exciting than the stories and songs that come alive on stage. However, navigating the unique economics of Broadway is equally important to the success of a show. Questions like “What is an amortization expense?” and “When does recoupment occur?” may be daunting, but they play a critical role in financing Broadway productions.

Given how challenging it can be to mount a profitable show, investors and producers alike should understand these terms and how they impact their rights.

What is Amortization Expense? Breaking Down Broadway Economics

Answering the question “What is an amortization expense?” first requires a brief overview of the economics of a Broadway production. To start, it takes a significant amount of capital to finance a production. Production costs for a Broadway musical typically range from $17 to $23 million. Meanwhile, plays have lower production costs of approximately $3.5 million to $5 million.

The amount the producer spends on a production from the initial concept to its official Broadway debut is called “capitalization.” Such costs include securing intellectual property rights, set construction and props, costumes, lighting design, rehearsal expenses, and compensation of directors, cast, and crew.

Once a Broadway show debuts, it incurs weekly operating costs (also referred to as running costs), which are the expenses incurred to run the show each week. Examples include marketing expenses, salaries, theater rentals, and royalty payments. Thankfully, once a show opens, it generates revenue from several sources, including box office receipts and merchandising sales.

The revenue from a Broadway production is then divided among several stakeholders. Typically, 65 percent of each week’s profit is allocated to paying back investors for the capitalization. Meanwhile, the remaining 35 percent flows into a profit pool. This is to be divided among the lead producer, writer, director, choreographer, and other royalty participants by previously established legal agreements.

Amortization Speeds Up Recoupment

Amortization is a financial arrangement that allows producers to repay investors and achieve recoupment more quickly. Recoupment occurs when the producer has repaid investors all the funds that were raised to develop, mount, and produce the show.

Because amortization shifts the economics of production, the arrangement must be negotiated between the investor, producer, and other royalty participants. When amortization is used, before the 65-35 split, an agreed-upon amount (i.e., two percent of the capitalization) is taken from the profits and sent directly to the investors. This results in more money going back to investors and less money from the profit pool being available to royalty participants. However, any amounts taken out for amortization are later paid back to the profit pool after recoupment. The difference between the amount of royalties that would have been available without the use of amortization. The amount of royalties paid to the royalty participants using amortization is known as the “deferred royalties.”

After recoupment, the division of weekly profits changes again. As a tradeoff for the use of amortization, royalty participants often receive a higher guaranteed minimum weekly royalty. The agreement for the repayment of the deferred royalties may also include an additional bonus following recoupment, which is paid out of the show’s net profits.

Is Amortization an Operating Expense?

Amortization generally qualifies as an operating expense. An operating expense is an expense that a business incurs through its normal business operations. Meanwhile, non-operating expenses are those incurred by a business that are unrelated to the business’s core operations. The distinction is important given that operating expenses are tax deductible if the business operates to earn profits. In the theater industry, amortization is generally considered a weekly running expense before recoupment to calculate royalties to the percentage of royalty participants.

Rely on an Experienced Broadway Attorney to Help Finance Your Production

Financing a Broadway production is critical to its success. However, every show has its unique investment agreements, royalty structure, and budget. Given the risks involved in mounting a production, it is essential to negotiate an agreement that protects your best interests.

The attorneys of Scarinci Hollenbeck’s Entertainment & Media Group are ready to assist producers and potential investors. Whether that is on the legal, business, or financial aspects of a Broadway production, we are here to help. We understand the myriad of legal issues that can arise when producing theatrical performances. That’s why we’ll work with you every step of the way to minimize risks and position your project for success.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!