Archive for April 25th, 2012

Dick Clark: Don’t R.I.P.

Wednesday, April 25th, 2012

by Sedgwick Clark

The media were consumed last week by the death at age 82 of Dick Clark (need I say, no relation?). I was never a fan of American Bandstand. I came home from school when I was a tot and twisted to Hollywood on Indianapolis TV’s late-afternoon Frances Farmer Presents instead of Chubby Checker. There, in her world-weary voice, the aging actress introduced the film of the afternoon with anecdotes about the stars. I was too young to appreciate what she had to say, but I recall that her show was interlarded with so many commercials that often I didn’t reach the denouement before my mother called me to dinner. It was many years before I learned who got the girl in Casablanca.

Anyway, while America was mourning, I had less charitable thoughts about Dick Clark. In 1972 the New York Daily News ran a short interview with him saying that classical music would die because no one wanted to listen to it. “What a moron,” I thought, and skewered the piece on the wall of my office at Philips and Mercury Records. For some reason I never forgot that little news piece. It perished in the electrical fire that ignited in the ceiling months later, a little after 6 one evening when I would have been at my desk. Fortunately, I was at dinner with Bernard Haitink that night in Boston, where he was conducting Mahler’s First—else my ashes would have forever commingled with Dick Clark’s thoughtless words.

Van Zweden’s Galvanic Mahler    

And speaking of Mahler’s First, it was the major work led by Musical America’s current Conductor of the Year, Jaap van Zweden, in his New York Philharmonic debut on April 12. Talk about intensity! I don’t recall ever seeing a more tightly wound podium demeanor. He cued every last entrance, and the New Yorkers responded with coiled-spring precision. Interpretively, the Dutch conductor fell somewhere between Bernstein’s emotionalism and Haitink’s objectivity, with dynamism in spades. You can’t lose with Mahler’s Triumphal conclusion—the horns standing suddenly to pour out their golden tone fff—and the audience went predictably wild. What was not predictable was that the orchestra stayed seated, applauding van Zweden as he came out for his first bow—a remarkable gesture of respect from these difficult-to-please musicians. He’ll be back soon, no doubt.

In the first half, he accompanied the volatile 25-year-old Chinese pianist Yuja Wang in Prokofiev’s Third Piano Concerto. She kept pushing ahead, but van Zweden and his players kept up respectably. The concluding allegro, beginning with the pizz. strings at 131, was dispatched with a breathless edge-of-seat unanimity that I’ve heard equaled only by the mercurial Martha Argerich, Charles Dutoit, and the Orchestre National de France at Avery Fisher Hall on March 18, 1994—the best performance I’ve ever heard live. Message to Yuja: A bit more poise can yield a more satisfying performance overall.

Looking forward

My week’s scheduled concerts:

4/26 Metropolitan Opera. Wagner: Das Rheingold. Fabio Luisi (cond.). Wendy Bryn Harmer, soprano; Stephanie Blythe, mezzo; Patricia Bardon, mezzo; Adam Klein, tenor; Gerhard Siegel, tenor; Bryn Terfel, baritone; Eric Owens, bass-baritone; Franz-Josef Selig, bass; Hans-Peter König, bass.

4/27 New Jersey Performing Arts Center (Newark). New Jersey Symphony/Jacques Lacombe; Gil Shaham, violin. Mozart: Masonic Funeral Music. Berg: Violin Concerto. Danielpour: Kaddish for Violin and Orchestra (world premiere). Prokofiev: Symphony No. 3.

4/28 Metropolitan Opera (broadcast). Wagner: Die Walküre. Fabio Luisi (cond.). Katarina Dalayman, soprano; Eva-Maria Westbroek, soprano; Stephanie Blythe, mezzo; Jonas Kaufmann, tenor; Bryn Terfel, baritone; Hans-Peter König, bass.

4/30 Metropolitan Opera. Wagner: Siegfried. Fabio Luisi (cond.). Katarina Dalayman, soprano; Patricia Bardon, mezzo; Jay Hunter Morris, tenor; Gerhard Siegel, tenor, Bryn Terfel, baritone; Eric Owens, bass-baritone.

5/1 Carnegie Hall. Mathias Goerne, baritone; Lief Ove Andsnes, piano. Songs by Shostakovich and Mahler.

5/2 Carnegie Hall. New York Phiharmonic/Alan Gilbert. Mahler: Symphony No. 6 (“Tragic”).

Sneaking Artists Into The US: How Lucky Do You Feel?

Wednesday, April 25th, 2012

By Brian Taylor Goldstein

Dear FTM Arts Law:

I represent a British group that frequently tours the US. In the past, the guys have just entered as visitors under the ESTA/Visa Waiver Scheme. So far, we have never had any problems, but I was recently told this was wrong. Is this true? Couldn’t they just say they are not performing?

This one is easy: Is this true? YES. Couldn’t they just say they are not performing? NO!

The ESTA/Visa Waiver Scheme is a program through which citizens of 36 countries (Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland and United Kingdom) can enter the US as “visitors” with only their passports. Unlike citizens from countries such as Russia, China, or Iran, citizens of one of the 36 “visa waiver” countries do not need to obtain an actual visitor visa from a US Consulate before entering the US. All they need to do is pre-register through the on-line Electronic System for Travel Authorization (“ESTA”) website. However, the ESTA/Visa Waiver Scheme only allows such citizens to enter as “visitors”, subject to all of the limitations and restrictions of a visitor visa.

If an artist from a visa waiver country wishes to perform in the US, he or she needs to obtain an actual artist visa, such as an O or a P visa. Artists from a visa waiver country who enter the US under the ESTA/Visa Waiver Scheme cannot perform, regardless of whether or not they are paid and regardless of whether or not tickets are sold. The need for an artist visa (either an O or a P) is triggered by performance, not payment.

If an artist tells a US border officer that they are not performing, when, in fact, they intend to perform, this constitutes a fraudulent entry. Fraud is always a bad thing. Fraud against the US Government is a very bad thing. While you may have not have had any problems thus far, this has been due to pure luck. I know of a group from Canada that for more than five years regularly entered the US as visitors to perform their concerts. Typically, they told the border officer they were coming to “rehearse” or “jam with friends.” However, last year, their luck ran out. A border officer on a slow day decided to Google the name of one of the musicians and discovered their website listing all of their forthcoming US engagements. The group has now been barred from performing in the US! I know of other instances where, though the artists have not been barred from future US travel, their ESTA/Visa Waiver privileges have been permanently revoked, requiring them to forever obtain visitor visas even where they legitimately wish to enter the US as visitors.  In short, your odds of continued success decrease each time your artists enter the US on the Visa Waiver Scheme with the intent to perform. As for lying to a border officer…I hear the weather in Guantanamo is quite lovely this time of year!

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For additional information and resources on this and other legal and business issues for the performing arts, visit ftmartslaw-pc.com.

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. FTM Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

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THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!