Amanda Burns from our office had the privilege of presenting at the Lawyers for the Creative Arts event “Drag Law: Werk the Law” on September 30, 2025. The event focused on intellectual property rights of drag performers, contracting rights of performers, and looked at recent litigation surrounding drag performers as it related to intellectual property and payment issues. This event featured performances by two local Chicago drag artists Coco Sho-Nell and Lúc Ami. Amanda’s portion of the event focused on the Illinois Freelance Worker Protection Act (820 ILCS 193 et seq.) and applied the law to issues that would be specific to drag performers who work as independent contractors within Illinois.

One issue that arises with drag performers– but is by no means specific to the community– is how to negotiate rights while working through a management service. This issue was highlighted by co-presenter Joshua Pagan, who discussed the Illinois Circuit Court case Neverland v. Merrell, 19 L 010856 (Cir. Ct. Cook Cnty.). Specifically, the contract created by the management company in the Neverland case directed payment through the management company for the performance of certain drag performers. If an independent contractor is working through a management service, the contract can, and often times should, include direct payment to the worker from the contracting agency instead of having all payment go through the management company. Contracts can be constructed so that the portion of the overall payment that is owed to the management company (either a percentage or a flat fee) shall go directly to the management company without involving the independent contractor, and vice versa. Panelist opined that a contract structure that allowed for direct payment would have not only obviated most, if not all, of the Neverland lawsuit, but also allowed for a more clear-cut path for recovery for the performers who had non-payment concerns. The Illinois Freelance Workers Protection Act does postdate the Neverland case; however, this case serves as a cautionary example of the consequences when performers do not contract in their own interests. Finally, the presentation emphasized that the Illinois Freelance Workers Protection Act allows for the recovery of costs and attorney fees, which a common law breach of contract claim does not allow for in Illinois, unless specifically written into the contract.

By Amanda Burns, Caffarelli & Associates Ltd.