Archive for May, 2012

Transitioning From One Management to Another

Thursday, May 17th, 2012

By: Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I am a young conductor who has been fortunate to have management for the past several years as a result of having participated in a showcase and attracting someone’s attention there. While I must admit I have been disappointed with the number of engagements this association has yielded, several of which came through my own connections, I still consider myself lucky. Recently, I made the acquaintance of a manager who handles conductors whose careers are in higher gear than mine. He has shown what seems to be genuine interest in me and I am wondering if you can tell me how artists transition from one manager to another with as little disruption as possible. Thank you.—J.B.

Dear J.B.:

Thank you for your question, which I am sure will be of interest to a number of our readers. You do not indicate whether you have a representation agreement with your manager. If you did, it would probably spell out rather clearly the steps that would be taken should you wish to go to another representative or should your manager wish to terminate the current relationship. Typically, an initial management agreement is for three years, with a provision to extend for an additional period (often two years) or to roll over automatically each year, unless either party informs the other of a wish to terminate within a specified period prior to the anniversary of the date of signing the original agreement. This notification period could be as long as a year prior to the end date of the contract, or as little as 90 days prior. Once notice has been given, the manager will generally give the artist a summary of all current activity on their behalf. This would consist of contracted dates, dates not yet contracted but firmly held, and a list of presenters who have expressed interest for the coming season or two but where no specific dates have been held or a variety of dates have been discussed. The manager is then entitled to do everything possible to bring all potential dates to fruition and take full commission on anything contracted prior to the termination date. (If they are unsuccessful in completing that process, they might negotiate a split commission with the new manager who will finish things off.) As part of taking full commission, the manager is expected to service the dates when they transpire, even though that may be after the artist moves on to another management. If the artist elects to have the dates serviced by the new manager and the new manager agrees, there is no problem with that; however the initial manager is still entitled to full commission. The new manager might only be willing to service those dates for a small commission, in which case it is up to the artist to decide whether they want to pay it or not.

There are times when managers will bend the rules a little, especially if the old manager and new one are friends. In your case, since your current manager hasn’t been overly active on your behalf, they might be willing to let the new manager begin booking you prior to the termination of the contract, as long as they can finish up everything they started and take commission on it. Another possibility might be that they agree to share commission with your new manager in exchange for relaxing the exclusive booking right they have a right to enforce. It will be very helpful if your current manager takes the time to write to all the presenters with whom they have been in contact on your behalf to let them know of the impending change. Then, when you move to the new agency, your manager there should similarly let everyone know that you have come on board. If this coincides with the start of a new season, it will probably be apparent on the management’s roster where many tend to put an asterisk next to the name of new artists. If you have never had a written agreement with your current manager, there are obviously no obligations on either side but the above guidelines are both traditional and very sensible. It would be a good idea to propose that they be followed and you are likely to thereby ensure that there is as little confusion and disruption of the booking process as possible. Good luck!

To ask a question, please write Ask Edna.

© Edna Landau 2012

Off to Africa!

Wednesday, May 16th, 2012

by Sedgwick Clark

I’m off for a two-and-a-half-week safari vacation in South Africa with PK and our favorite traveling buddies. From Cape Town and the wine lands to Kruger National Park to Victoria Falls in Zimbabwe, it will undoubtedly be a far cry from the MGM back lot and grainy second-unit location images impressed upon me since I was a kid. Whatever I’ll encounter, I may be sure it won’t be Maureen O’Sullivan, Grace Kelly, or Ava Gardner, although The African Queen and all those shots and malaria pills have made me a bit apprehensive of the smaller wildlife thereabouts.

One stop will be outside Cape Town to the Hout Bay Music Project, which teaches string and percussion students. We’re taking scores and sheet music from Schirmer Inc., t-shirts from the New York Philharmonic, caps from Lincoln Center, and plenty of CDs I’ve received over the years. I’ll bet the kids especially appreciate three of the multi-CD chamber-music sets released annually by Music@Menlo, which contain 73 works from the baroque to 21st century. But I’m also bringing CDs by Musical America honorees David Finckel and Wu Han, Gil Shaham, Anne-Sophie Mutter, Joshua Bell, and undoubted future honorees.

Steve J. Sherman graciously offered to show us how to use PK’s new digital single photo and video camera, so I’m hoping you will be seeing some photos of the music school next week.  In the meantime, its Web site is www.houtbaymusic.org.

How Do I Draft An Engagement Agreement For My Trio?

Wednesday, May 16th, 2012

By Brian Taylor Goldstein

Dear FTM Arts Law,

I am a manager who will be writing contracts on behalf of a trio. They don’t have a corporation and there is no “leader.” They just get together and perform together. How do I handle their engagement fees so that I do not look like their employer? None of the three wants to collect the money on behalf of the others. So, that leaves me to disperse the money.  I know I must be careful not to appear as a producer or employer, so I want to be sure that I write my contracts properly, as well, handle the payment of fees.  So, when writing the actual contract, do I make it out between all three musicians and the presenter?  What if one of them is paid to his/her corporation? Does this make sense?

This makes absolute sense…and the answer is pretty easy! You want each engagement contract to be between the presenter and each of the individual members of the trio. Something like this: “Presenter hereby engages Musician 1, Musician 2, and Musician 3 to perform at ___________.” The same engagement contract would also specify that the engagement fee would be paid directly to you “as the agent of Musician 1, Musician 2, and Musician 3.” You can even sign the engagement contract, provided it is clear that you are signing “as the agent of Musician 1, Musician 2, and Musician 3.” (I know, you said you were their “manager”, but “manager” is a title that describes your duties. For purposes of determining liability, fiduciary duties, and other legal obligations, managers and agents are both legally considered to be “agents”).

Once you collect the fee, you can pay each of the artists directly. For you purposes, it doesn’t matter whether you pay an artist individually or pay the artist’s corporation. Nonetheless, you must issue a 1099 for the FULL FEE. In other words, if the total engagement fee is $3000, and you take a 20% commission, and everything is split evenly, then you would pay each artist $1000 and deduct a commission of $200 from each payment—but you would also issue a 1099 to each artist for $1000. Why? Because you are working for the artists, they are not working for you. If you don’t want to be perceived, either for liability or tax purposes as their employer or producer, then you need to set up the transaction so it is clear that it is the artists are paying you and you are not paying them. Technically, each artist should issue you a 1099 to reflect that they paid you a commission of $200. However, in my experience, as artists are even more adverse to paperwork and forms than managers and agents, it is highly unlikely that the artists will actually issue you the 1099. It doesn’t matter. You would hardly be the first person who received a payment without an accompanying 1099.  So long as you have issued a 1099 to each artist for $1000 and report your commissions on your income taxes, you are fine. It may drive your accountant a bit nuts, but they’ll deal with it!

_______________________________________________________________

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.

__________________________________________________________________

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!

The Fortress of Being: John Jasperse’s “Fort Blossom revisited”

Saturday, May 12th, 2012

By Rachel Straus

In the women’s bathroom of New York Live Arts, each stall sported a small bottle of lower anatomy cleansing solution. Its odd presence must have been care of choreographer John Jasperse, whose erogenous zone oriented Fort Blossom revisited (2000/2012) held its New York premiere on May 9 in the Chelsea theater.

The hour-long work, for two nude male dancers (Ben Asriel and Burr Johnson) and two clothed female dancers (Lindsay Clark and Erika Hand), is not for the prudish. Anal cavities, penises and balls are seen, but after a while it ceases to be a big deal. Jasperse, who performed in the original production, expanded the length of his 2000 dance and changed the music to that of minimalist Ryoji Ikeda. Yet he keeps the work’s central conceit: the men are nude, the women are not.

Fort Blossom revisited hits all the proverbial buttons. In the work’s beginning, Asriel and Johnson simulate anal sex. Instead of a condom, they are physically separated by a translucent inflatable cushion, which deflates after five minutes of gentle bucking. Presenting and then pushing past (pun intended) the notion that a dance featuring two nude men must be about gay sex, Jasperse then tenders another idea. It is an aesthetic one. The women, dressed in red shifts, perform a slow, side-by-side unison duet. On their backs are red inflatable cushions, whose shape resembles butterfly wings. The upright women perform on a white floor. On the stage’s other side are the men who lie horizontally on a black floor. Later they form a cat’s cradle of sculptural positions. The contrasts between the two sets of dancers becomes conceptual rather than sexual.

When the men and women come together, it’s not the dramatic moment one expects. Instead Jasperse creates a human bumper car vision. With the inflatable cushions pressed to their bellies, the performers gleefully run and bounce off of each other. At the work’s end, they form a quartet and move in full-bodied spirals. After the pedestrian-like choreography from the previous 40-odd minutes, the last moments of Fort Blossom is a garden of delights. It no longer matters who is naked or clothed, who is male or female. The dancers momentarily escape the fortress of human labels. They soar through space, suspended on one leg with their arms floating behind, like kites in the sky.

Angela Meade makes Berlin Debut; Peaches takes Opera Underground

Friday, May 11th, 2012

By Rebecca Schmid

The Deutsche Oper maintains a dedicated West Berlin following not only for its provocative stagings but sober concert operas showcasing star singers. Of nine “premieres” this season, four are in concert, and in the best scenario feature works known for their dramaturgical weaknesses. The house claimed in a press conference last season that it turned to concerts because of a need to repair stage machinery, although the format has also occupied programming in the past. The renovation has since been delayed until next season (rumors about the house’s financial woes aside). Following a performance of Bizet’s Les Pêcheurs de Perles with Patricia Ciofi and Joseph Calleja in December, the company opened Verdi’s I Due Foscari on May 9 featuring Angela Meade in her Berlin debut alongside the tenor Ramon Vargas and the legendary baritone Leo Nucci.

Verdi’s sixth opera has struggled to meet with popular acceptance since its 1844 premiere in Rome, according to scholarly speculation because it followed on the heels of his more dramatically gripping Ernani. The composer himself wrote to his librettist Francesco Maria Piave early on that the work did not “possess the stage qualities that an opera demands,” particularly in the first act, and later admitted that the opera suffers from being too gloomy. The story centers upon a political struggle in fifteenth-century Venice in which Jacopo Foscari, son of the Doge Francesco Foscari, is falsely accused of murder by the Council of Ten. Despite the pleading of Jacopo’s wife Lucrezia, the Doge lawfully goes along with the orders decreed by council member Jacopo Loredano, a family rival, and his son is sent into permanent exile. Jacopo subsequently drops dead, and his father follows suit just after relinquishing power to the council.

Much in keeping with the apocalyptic tone, the score is an interesting study in the early use of Leitmotifs, which lends the opera ideally to a concert staging. A lamenting clarinet foreshadows Jacopo’s tragic fate already in the overture, subsequently appearing to usher in the character before several of his numbers. Verdi designates Lucrezia with a fiery series of rising triplets in the violins, while the Doge is assigned a ruminative motive in the celli and violas. Even the council is indicated with a recurrent procession of woodwinds. The opera closes in on the intimate, inter-personal relations between the main characters, launching from arioso to cabaletta to duetto while revolving around an overwhelmingly grief-stricken tone.

Vargas was not in his best voice for his opening cavatina “Dal più remoto esilio” but warmed up to prove himself as touching and vocally assured a Jacopo as one could hope for in the preghiera “Non maledirmi o prode” of the second act, in which he begs for mercy after being haunted by a ghost of another victim of Venetian law. He brought a great deal of tenderness to the following duetto sequence with Lucrezia (Meade), in which he declares that their suffering is worse than death, with the singers bringing their voluminous voices into fine chemistry with each other. Meade captured the distraught heroine with warm, powerful tone, sensitive dynamic shading and velvety legato that did justice to the emotional range of Verdi’s deceptively simple melodies. She initially belted out a couple of climatic high notes that were overwhelming in this house—this young spinto may be one of few singers who is truly destined to sing at the Met—but she found the right restraint in her romanza with the Doge (Nucci) in the first act, and the ease with which carried easily above full ensemble numbers was a delight.

Leo Nucci, Angela Meade and Ramon Vargas at the Deutsche Oper © Bettina Stöß

Despite the fine performances of Vargas and Meade, it was Nucci who captured the soul of this opera most convincingly (at least for this listener). Though no longer in his prime, he has this role in his bones, evoking the authoritarian yet tortured nature of the Doge with diction and phrasing that threaten to be a lost art. His third act aria “Questa dunque è l’iniqua mercede,” in which he confronts the chorus about Jacopo’s innocence, consumed the audience in a sense of irreversible doom. Even when he grabbed his music stand upon Lucrezia’s announcement that Jacopo had died in exile, there was nothing forced about his performance. It takes an artist of this vintage to anchor a concert staging in which the audience only has the singers’ vocal and facial expression as dramatic reference.

The conductor Roberto Rizzi Brignoli also harnessed the orchestra of the Deutsche Oper, directly onstage behind the singers, to fine effect. While Les Pêcheurs de Perles had suffered from some untamed brass playing and steely phrasing under the young Spanish conductor Guillermo Garcia Calvo, Brignoli coaxed well-balanced, flexible lines, producing the most authentic Italianate inflections I have heard from this orchestra and never overwhelming the singers. The chorus of the Deutsche Oper lived up to its consistently excellent standards under director William Spaulding. The audience could not hold back its applause and “bravis” throughout the evening, an unequivocally warm response that contrasts sharply with the reception of the house’s Regietheater-prone premieres, although this was a particularly well-mannered, mostly retired crowd drawn from Berlin’s bourgeois boroughs.

Sick Peaches at HAU1

James Jorden, covering the Metropolitan Opera’s premiere of Anna Bolena on his blog Rough and Regie last fall, observed that lazy critics often veer toward the adjective “handsome, descriptive of any production that doesn’t feature actual vomit as a design element.” As I live one of the continental capitals of what could easily be designated as Eurotrash, I’ve been subjected to some pretty outlandish productions. But I never thought I’d ever see an actual simulation of vomit at the climactic moment of an opera. Then again, I did decide to go and see a production of Monteverdi’s Orfeo starring Peaches, a kind of underground post-modern Madonna whose sexually charged raps have designated her as Berlin’s notorious enfant terrible (at least according to a scathing review in the local paper Der Tagesspiegel). The opera was conceived for her in the title role at the HAU1 Theater in Kreuzberg, with preparation including a half-year of voice lessons and language coaching (the Canadian native had never sung opera and didn’t know a word of Italian). The production also featured an original Peaches ‘composition’ (read: rap) which she called “Sick Bitch,” and yes, she got sick at the end.

So much for preserving the innocence of what some consider the western world’s first opera (although it was really Jacopo Peri’s Euridice). Of course, it would be ridiculous to judge this wacko Orfeo, seen during its third run on May 4, through the lens of a real opera critic. The Tagesspiegel’s observation that the efforts to prepare Peaches for an opera “led to shockingly little”—calling her the production’s “big negative” rather than an asset—is posited on the idea that someone who has made a career as a punk rapper could learn to sing opera in six months and that the intention was to have her do so in the first place. The production featured a cast of young singers and the experimental chamber ensemble Kaleidoskop in the pit under Swedish conductor Olof Borman, but this Orfeo was above all a vehicle for Peaches to shock and provoke much as she does in her own acts.

The opera is cut heavily and lasts under two hours. Apollo never appears, and the score includes a Lachenmann-esque composition by Timo Kreuser to represent the stark conditions of the underworld—an interesting idea in principle, but it is hard to make the argument for cutting Monteverdi in favor of this uninspired squealing and creaking. Monteverdi’s opening ritornello was played as the audience entered the theater, with some initially shabby bowing and phrasing but more finesse as it recurred sporadically after the entrance of Euridice catwalking as she poured pieces of styrofoam into a circle. Following the heroine’s aria “Io la musica son”—during which a banner of pithy anarchic precepts such as “no leader” and “screw in the streets” descends—she pulls Orfeo, Peaches, into the circle and strips her down to a skin-colored nylon suit.

The ensemble numbers quickly turn into orgies with heavy stroking; during “Qui le Napèe vezzose…Fu viste a coglier rose” (Here the charming wood nymphs…were seen picking roses), Peaches (who was wisely left out of the ensembles) tosses latex gloves onto the singers who are already in the process of tying each other up. The centerpiece of the staging (directed by Daniel Cramer and designed by Mascha Mazur) is a brown hut entitled “prospect cottage” that looks straight out of a kindergarten; it is here that Eurydice will be nursed from illness in the underworld. Surgical masks and an oxygen machine are necessary to survive. Peaches, descending with a lyre with chains for strings, breaks the spell with some electronically-modified chanting and her rap: “Hell’s hot/I’m getting a cold…” while Eurydice bops around in the background. Orfeo’s magical powers enable her to exorcise his (her?) lost beloved, manifested ever so elegantly with what I’ve described above.

The following ensemble number “E’ la virtute un raggio/Di celeste bellezza” (Virtue is a ray of celestial beauty) emerged like balsam to the senses, and indeed the musical quality of the actual classical musicians present had increasingly held its own. Ulrike Schwab was a coquettish Eurydice, with a pleasant lyric voice that probably would have been even more effective had she not been so consumed with the director’s instructions. The countertenor Armin Gramer, managing to elegantly pull off a tight, strapless gown, gave a stand-out performance as Speranza and in two other small roles. The mezzo Sabine Neumann warmed up by the second half to give a fine cameo of Proserpina. I won’t even bother criticizing Italian diction because there are simply too many areas where a critic could nitpick, not to mention the less than ideal acoustics of the theater. As far as Peaches’ attempts to sing opera, she was irritating at best with the exception of the opening lines of “Tu sei morta” upon losing Eurydice. She managed to convey some poignant emotion and carry a slightly legato tune, which was a relief after the rasping and muted shrieking to which she subjected her vocal chords throughout most of the evening.

Job Hopping

Thursday, May 10th, 2012

By: Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

Although my question is more of a general workplace question than a musical one, I am writing in recognition of the many years you spent at the helm of an artist management agency in hopes that you will give me an honest reaction based on your personal experience. I am a flutist with an undergraduate degree from a school of music. Because I wasn’t drawn to apply for orchestral positions, I decided to take a job in the Dean’s office, just out of school. After one year, I saw an ad for a position in a public relations agency and decided to apply for it, since I have often been told that my writing skills are excellent and it paid more money.(I also didn’t see any opportunities for advancement at the school.) I got the job and have been there for one and a half years. Although I like the people I am working with, I am not enjoying writing press releases and calendar listings nearly every day. Opportunities to actually interact with the press are rare. I recently noticed a job for an assistant artistic administrator at an orchestra in a city where I already have many friends. I have read the job description and I believe I have the necessary qualifications. I think I would love working for an orchestra but I’m afraid that they would be reluctant to consider me, as it would be my third job in three years. Do you have any advice for me? —D.R.    

Dear D. R.:

When I worked at IMG Artists and reviewed a resume that listed several jobs spanning a brief time period, it certainly did catch my eye. It did not stop me from calling someone in for an interview if the resume looked interesting, but I listened very carefully to what they had to say about it. If their reasons sounded justifiable and normal for someone just starting out and trying to find their professional way, it certainly wasn’t a strike against them. In speaking with them, I tried to determine why a job with IMG might hold the potential to attract them for a considerably longer period of time. I also called their references to verify that the information they gave me was true. If their former employer indicated that they were sorry to see them go but that they totally understood their reasons and felt that the departure was handled thoughtfully by the employee, it counted for a lot. If you decide to apply for the orchestra job and you feel comfortable telling your current employer that you are looking at other opportunities, they might appreciate your honesty. This could work in your favor if they are willing to be called as a reference. (However, if you think they will greet the news by showing you the door, don’t take the chance!). If you are called in for an interview, make every effort to express your total enthusiasm for the orchestra job and why it would mean the world to you to have it. It would also be helpful to indicate your readiness to settle into it for a considerably longer period of time than you spent in your last two positions.

In researching this subject on the Internet, I came across an article that offered good and comprehensive advice. It’s a little long but you will get the essence of it in the first three sections. All the very best of luck!

To ask a question, please write Ask Edna.

©Edna Landau 2012

Death in the Concert Hall

Wednesday, May 9th, 2012

by Sedgwick Clark

Mahler Meets Shostakovich

German baritone Matthias Goerne and Norwegian pianist Leif Ove Andsnes performed a fascinating recital of songs by Mahler and Shostakovich at Carnegie Hall on 5/1, all to do with death. Neither composer is Mr. Rogers, but Mahler has been in such vogue for the last 40 years and is such a compelling tunesmith that his dark side and irony are readily accepted. Not so Shostakovich, whose terror under the Stalinist and later regimes and his own increasing physical infirmity late in life produced music of an often uncompromisingly grim nature. For instance, he sets 11 poems about death in his Fourteenth Symphony (1969), and I’ve never attended a performance where elderly audience members didn’t begin exiting halfway through the piece in increasing numbers.

The recitalists chose well, interspersing six of the 11 songs from Shostakovich’s 1974 Michelangelo Suite with ten Mahler songs from Des Knaben Wunderhorn, Rückert-Lieder, and Kindertotenlieder. Andsnes contributed fine, if monochromatic, accompaniments. (I much prefer the orchestral settings.)

But even with the texts in hand, I could barely distinguish a word Goerne was singing. At intermission, I checked with German and Russian friends, and they agreed. He bobbed and weaved disconcertingly, with his eyes nearly always in the score except when the text said “heavens” and he would roll his eyes toward the balcony. When he wasn’t looking at the score, he was looking at the first-tier boxes on audience left. He virtually turned his back on those sad souls sitting in audience right. Recording engineers probably want to nail his feet to the stage and put a neck brace on him. I don’t think that Carnegie’s wet acoustic helped either; if I have to hear him in concert again, I hope it will be at Tully.

Gilbert’s Soft-centered Mahler Sixth

I’ve always thought of Mahler’s Sixth as a hard piece—literally. But in Alan Gilbert’s New York Philharmonic performance at Carnegie on 5/2, there was nary a sharp attack to be heard. There was plenty of expressive shaping and rubato, and the first-movement exposition repeat was played, but Mahler’s “Tragic” Symphony was tapioca to my ears. I don’t remember Gilbert’s Avery Fisher performance two years ago as being mushy, and wonder if Carnegie’s reverberation threw the players off. 

In a practice that is becoming more frequent these days, Gilbert performed the Andante second. For my money, it was especially unsatisfying on this evening because the opening movement had not made its full, crushing effect for the slow movement to serve as a respite: It was more emotionally necessary than ever for the Scherzo’s slashing ferocity to follow the first movement. Mahler only conducted the Sixth twice and never made up his mind definitively, so the controversy will likely never be settled.

Looking forward

My week’s scheduled concerts:

5/9 Carnegie Hall, 7:30. “Spring for Music.” New Jersey Symphony/Jacques Lacombe; Hila Plitmann, soprano; Marc-André Hamelin, piano; Men of the Westminster Symphonic Choir. Varèse: Nocturnal. Weill: Symphony No. 1 (“Berliner Symphony”). Busoni: Piano Concerto.

5/10 Carnegie Hall, 7:30. “Spring for Music.” Alabama Symphony/Justin Brown; Susan Grace and Alice Rybak, pianos. Avner Dorman: Astrolatry. Paul Lansky: Shapeshifters for Two Pianos. Beethoven: Symphony No. 7.

5/11Metropolitan Opera, 8:30. Janáček: The Makropoulos Case. Jiři Belohlávek (cond.). Karita Mattila, soprano; Kurt Streit, tenor; Johan Reuter, baritone; Tom Fox, baritone.

5/12 Carnegie Hall, 7:30. “Spring for Music.” Nashville Symphony/Giancarlo Guerrero; Tracy Silverman, electric violin. Ives: Universe Symphony (Austin ed.). Terry Riley: The Palmian Chord Ryddle for Electric Violin and Orchestra. Grainger: The Warriers.

5/12 Metropolitan Opera, 9:00. Britten: Billy Budd. David Robertson (cond.). John Daszak, tenor; Nathan Gunn, baritone; James Morris, bass-baritone.

If We Paid For It, Don’t We Own It?

Wednesday, May 9th, 2012

By Brian Taylor Goldstein

Dear FTM Arts Law:

I am writing on behalf of our non-profit theater group. Several years ago, one of our volunteers designed a new logo for our theater. We paid her $500. At the time, she was friends with our Artistic Director, but they had a falling out. She recently sent us a letter saying we can no longer use our logo. She claims she owns the design and we can’t use it without her permission. Although we have nothing in writing, we did pay her, so don’t we own it? Is she right?

Hell hath no fury like a volunteer scorned! Sadly, she may be right. Designs, just like scripts, music, novels, and choreography, are subject to copyright protection. Paying someone a fee to design, compose, or create something doesn’t necessarily mean you own what they create—much less acquire any rights to use it.  Except in the case of employers who, in most cases, own whatever their employees create for them, when you pay someone a fee to create or design something you are merely paying for their time. If you also want to have right to use the design or creation, you must negotiate those rights separately and have a written agreement specifying what rights are being granted. This does not necessarily mean you must pay additional fees for rights or ownership. That’s all part of the negotiation. You can certainly negotiate a single fee to pay someone to design or create something as well as transfer all rights to you or give you a license (permission) to use it, but such details must be negotiated and written down. Otherwise, all you are purchasing is an implied license for you to use it, which the creator or designer can revoke at any time. In your specific case, you paid $500 for a logo and the right to use it until the designer told you to stop—and it sounds like she just did.

________________________________________________________________

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.

__________________________________________________________________

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!

Lifting Ballerinas

Monday, May 7th, 2012

By Rachel Straus

Have you ever wondered what it would take to partner a female ballet dancer? The May 6 matinee at New York City Ballet was an excellent primer for anyone considering this question. In each of the four works from the All (Jerome) Robbins program, at the former New York State Theater, the male lead rarely left the side of his ballerina.

Robbins’s In G Major was a case in point. In the pas de deux section to Ravel’s eponymous composition, Tyler Angle lifted Maria Kowroski at least 25 times. In the end, Angle walked off the stage with Kowroski in a six-o-clock split, her head almost touching his. To create this pose, Angle benched pressed the tall ballerina above his head. Because of the pleasing geometry of Kowroski’s long line, and the ease of her form, my eye naturally moved to her. But it was Angle underneath who made this vision airborne—and magical. At the last moment, Angle’s arms looked like they were going to fail him. Fortunately, the stage wings were steps away.

Besides Robbins’s The Cage (1951), about a tribe of man-eating insect women who destroy one of their prey (Craig Hall), Robbins’s other ballets on the program showed the influence of Balanchine’s neoclassicism. In the Night (1970), In G Major (1975) and Andantino (1981) are plotless ballets. They feature a relationship, or relationships, between a man and woman, which is expressed through a pas de deux. Balanchine expanded classicism through the partnered duet. His lifts were far more complex than his predecessors Petipa, Fokine, and Massine. They didn’t just go up and down. They traveled. The woman changed poses in mid air. The lifts often began and ended in full-bodied motion. In Robbins’s three ballets, Balanchine-style partnering is evidence. The women sail through the sky like birds (and occasionally like fighter jets). The men below them propel their wings.

Of the male leads from In the Night, to music by Frédéric Chopin as performed by Nancy McDill, Robert Fairchild and Sebastian Marcovici stood out for their convincing portrayals of men in adoration of their women. While Fairchild played the young lover to Sterling Hyltin, Marcovici danced the steadfast companion to Wendy Whelan’s vexed, ambivalent character. Marcovici’s lifts expressed the unswerving nature of his love. While she thrashed and pulled away from, Marcovici carried Whelan aloft through her psychological storm. Their pas de deux was the highlight of the afternoon.

Back in 2007 a documentary about the recently retired New York City Ballet principal dancer Jock Soto was aired. Called Water Flowing Together, it contains a memorable scene in which the virile Soto is crumpled in a corner of a studio. With tears of exhaustion, Soto talks about how his arms ache. He says he doesn’t have the strength to lift another ballerina. Yet Soto wasn’t angry or resentful. He expressed exasperation with his ability to continue to make partnering look effortless, to make lifts symbols of the transcendent power of love.

The men of City Ballet, and male ballet dancers everywhere, may not have to dance on the tips of their toes or to suffer the same degree of competition as female dancers, but their job is no less easy. They literally carry certain ballets. Balanchine said “ballet is woman,” but ballet without men would strip the art form of humanity, and of its fundamental expression of being there for another.

Korngold replaces Golijov; Double-Portrait of Nancarrow and Vivier

Friday, May 4th, 2012

By Rebecca Schmid

While Berlin can boast its share of world premieres, the cancellation of Oswaldo Golijov’s Violin Concerto with Leonidas Kavakos and the Philharmonic last month dealt a blow to what would have been one of the most exciting events of the season. Even though the announcement came as little surprise given that he failed to finish the work for its originally-intended Los Angeles premiere in May of last year, the timing was particularly inauspicious in the wake of an internet debate over the allegation that the composer borrowed too heavily for his orchestral piece “Siderus,” performed by the Eugene Symphony in March.

As proven by Korngold’s Violin Concerto, which replaced Golijov’s mysteriously missing piece in a program flanked by Ravel and Strauss, borrowing from oneself may be a better bet. Korngold, an Austro-Hungarian-born composer whose talent is considered by some to have been in a class with Mozart, wisely left the continent in 1934 to write for Hollywood upon the invitation of fellow Austrian director Max Reinhardt and continued to do so through the end of the Second World War. His Concerto, marking a return to absolute music, recycles melodies from his own film scores to unique effect.

The soaring opening theme is lifted from the film Another Dawn (1937, the same year in which Korngold originally drafted the concerto) and the closing draws from another Warner Brothers film, The Prince and the Pauper (also 1937). Kavakos, seen with Gustavo Dudamel at the podium of the Philharmonie on April 26, opened the piece with a silken tone and expressive line that left little to be desired, yet he revealed an unfortunate tendency to rush as he launched into the music’s rapid, climbing passages, sweeping Dudamel and the orchestra with him through what is intended as a Moderato movement.

The dreamy inner Andante movement was kept transparent and melting, although Kavakos suffered from slight intonation problems through these slower passages. The violinist brought irreproachable technical virtuosity to the daunting runs and stratospheric flageolets of the Allegro finale—in which his rushed energy was less conspicuous than in the opening movement—yet his studied approach detracted from the piece’s dramatic nature. This is after all a score that calls John Williams to mind as easily as Zemlinsky; simply opening his body to the audience with more thespian poise would have made all the difference.

Following the concerto was another work with strong cinematic associations ever since Stanley Kubrick adopted its fanfare for his classic 2001: A Space Odyssey. The rising trumpet theme and rumbling double basses that open Strauss’ tone poem Also sprach Zarathustra has become almost a cliché, yet Dudamel and the Berlin Philharmonic showed how thrilling a live performance of this music can be. The rich, full-bodied strings and gravitas underscored the authority this orchestra still brings to German repertoire despite the international direction Sir Simon Rattle has introduced. The fluidity with which individual players communicate—it is often said that they are a bunch of soloists who happen to sit in an orchestra together—was made particularly clear though the fugal development in “Von der Wissenschaft.” Dudamel did not let the energy slack for an instant. Concert Master Daniel Stabwara brought just the right Slavic grace to the waltz melody of the penultimate episode, “Das Tanzlied“.

Ravel’s Ma Mère l’Oye, a suite based on children’s fairy tales, opened the program on a less gripping note. Despite impeccably pure textures (two horns provide the only brass in the scoring) and elegant melodic flow, Dudamel did not given enough accent to the dramatic vignettes that emerge within these dreamy episodes. The exchange between ‘beauty and the beast’ in the waltz movement—culminating in prancing winds and a brooding bass bassoon—was nearly lost in the mirage-like texture. The strings were also not at their most even in the closing pianissimi of the final “Jardin féerique”; both Stabwara and Dudamel could have led with a firmer hand.

Laboratorium makes Berlin debut in Nancarrow and Vivier

Reaffirming the German capital’s embrace of curious programming, Deutschland Radio hosted the Swiss chamber ensemble Laboratorium with the local conductor Manuel Nawri in a ‘double-portrait’ entitled Ferne Welten (Distant Worlds) exploring works by Conlon Nancarrow and Claude Vivier. The chamber music hall of the Philharmonie was disturbingly empty at the opening concert on May 1, which may have to do with the fact that the event was only publicized with small posters, or that the composers—both Einzelgänger (‘mavericks’ or ‘loners’ depending on your translation), in the words of moderator Holger Hettinger—have yet to enter a wider vocabulary. As Alex Ross points out on The Rest is Noise, attention to the centennial of Nancarrow’s birth this year has been surprisingly scarce.

Empty seats aside, it was refreshing to see the young musicians, who met at the Lucerne Festival Academy in 2004, champion Nancarrow in inventive arrangements of his studies for player piano (written by American ensemble member and trombonist Patrick Crossland). The most effective was Study Nr.7, scored for strings, trombone, trumpet, clarinet, marimba and piano, capturing the frenzied quality and rich polyrhythmic patterns of the original work while assigning much of the jazziness to bass and cello. The brief Study Nr.14 was played in a quartet of bass, cello, viola and violin—almost drawing too much attention to fragmented nature of Nancarrow’s melodies in this slower piece. The tango- and flamenco-inspired rhythms of Study Nr.6, scored for brass, percussion, and strings, were more dance-like and less biting than in the original conception for player piano (which can be heard here).

Nancarrow of course also wrote for humans sometimes, and the program featured two of his three Canons for Ursula (dedicated to the pianist Ursula Oppens). These are not canons in the traditional sense, rather an interplay of the same melody at different speeds. The works include rapid, mechanized patterns that lend live performances a somewhat creepy quality, yet Nancarrow also gives us glimpses into his rebellious personality, such as the mad walking bass in Canon A, or the playful sweep of the hand across the keyboard in Canon B. Artur Avanesov gave a tight, focused performance.

Much as Nancarrow fled the U.S. for Mexico to pursue an independent set of ideals, the Canadian Vivier had an uprooted, nomadic lifestyle that some trace back to the fact that he was adopted at age three. Pulau Dewata (‘Island of the Gods’), performed in Laboratorium’s own arrangement for oboe, trumpet, trombone, marimba, violin, violin, cello and two melodicas, is an homage to the composer’s séjour in Bali, with Reichian-like textures that were inspired by Vivier’s time with a Gamelan orchestra.

The program opened with his theatrical chamber work Greeting Music, in which the players walk on-and offstage “like zombies,” according to Vivier’s instructions. Grief and alienation lurk beneath deceptively simple thirds and octaves, with grating textures such as a scrubbing cello and scraping against a gong. When the cellist (Markus Hohti) laughs mockingly, the listener is infected with a sense of malaise. The ensemble also performed the ceremonial yet ghostly Et je reverrai cette ville étrange, which explores the feelings of returning to a well-known place after having not been there for a long stretch of time. Vivier opens and closes the piece with a meditative melody; in the inner movements, suspended textures of imperceptible strings, piano, celeste and covered trumpet yield to ethereal pentatonic.

Although Vivier forged his own path in a journey of self-discovery through the Eastern world, only to end up tragically murdered in a Paris apartment, it is hard to place his music in the same category as Nancarrow. Whether or not one is drawn to the stubborn persistence with which the player piano prince dedicated himself to what is now an obsolete instrument, few composers have shown the same degree of defiance toward surrounding trends and developed such an unmistakably individual yet highly complex language. Perhaps it was this led Ligeti to declare Nancarrow the “most important living composer” in 1980.