Archive for July 11th, 2012

Summertime

Wednesday, July 11th, 2012

by Sedgwick Clark

I am relieved to say that the concert “season,” such as it used to be, is officially over. Nothing like three mostly concertless months to revivify one’s passion for the art. There are a few scattered enticements here and there, as well as three Mostly Moz concerts on the horizon—a preconcert recital of works by Rachmaninoff and Stravinsky with the amazing 18-year-old pianist Conrad Tao, hearing Philadelphia Orchestra Music Director-designate Yannick Nézet-Séguin for the first time in concert, Louis Langrée leading works by Lutosławski, Bartók, and, of all composers, Mozart. But that’s it so far. I hope to catch up on some recent CDs and will report accordingly.

I’ve also been surprised by the number of people who keep asking me when I’m going to post photos from my Africa jaunt in May. The wildlife and terrain were certainly photogenic, and I even took some video—nothing dramatic, of course, but it’s kind of amazing to be a few feet from a grazing rhinoceros family and have a cheetah nuzzle your leg like a house cat. I hope to get them organized for next week.

Son of The Mentalist

A new TNT series called Perception made its debut on Monday evening (7/9). It’s about a schizophrenic professor of neurology who has hallucinations, solves murders, and is addicted to doing crossword puzzles while listening to the Scherzo of Mahler’s First Symphony. At one point he peevishly ejects his cassette and says to his student assistant, “That’s the von Karajan recording—I wanted the Solti.” Reality check: There is no Karajan recording of the Mahler First. (The conductor decided not to record the First, according to British record executive Peter Alward, quoted in Richard Osborne’s authoritative Karajan biography, because it was “too Jewish.”) So is the script writer pulling our leg or is he hallucinating? At the fadeout, the professor is having a hallucinogenic conversation with a sympathetic former girlfriend; she disappears as his student assistant walks up, hands him a cassette, and he begins to listen with a smile on his face. Must be the Solti Mahler First.

Lacombe’s Tenure Extended in New Jersey

The New Jersey Symphony has extended the tenure of Jacques Lacombe, its music director since October 2010, through the 2015-16 season. His programs are often imaginative, and the orchestra is playing well, with especially fine string tone. I’ve heard concerts in Newark and the impressive Spring for Music appearance in May at Carnegie Hall in which he partnered the Canadian pianist Marc-André Hamelin in Busoni’s monumental Piano Concerto. He seems like a musician committed to growing with the orchestra rather than using the position as a personal stepping stone. Let’s hope they perform at Carnegie again soon.

Looking forward

My week’s scheduled concerts:

7/16 at 6:30, Le Poisson Rouge. Harumi Rhodes (violin) and Friends. Works by Debussy, Ravel, Messiaen, and Takemitsu.

Are We Liable For A Backstage Brawl?

Wednesday, July 11th, 2012

By Brian Taylor Goldstein

Our stage manger slapped one of our actresses during a rehearsal. Are we liable?

Anyone who understands the unique stresses and pressures of the performing arts should expect a certain degree of screaming, emotional meltdowns, tantrums, and other inappropriate behavior. Welcome to the theater. However, physical violence crosses the line and, among other things, can most certainly get your organization sued!

Anytime an individual provides services on your behalf—regardless of whether or not they are an employee, independent contractor, or even a volunteer—you can be liable if they hurt or injury someone “in the course of performing their duties.” Let’s say, for example, that one of your volunteer ushers decides to forcibly eject a patron who refuses to shut off his cell phone, injuring the patron in the process. Your organization could be liable because the usher was performing services on your behalf and was not properly trained or supervised. (The usher could be sued, too, but your organization would be included in the lawsuit.) On the other hand, let’s say you arrange for a volunteer to pick up an artist from the airport and drive him or her to the theater. If, on the way, the volunteer decides to stop and run a few personal errands and gets into an accident, you would not be liable. Once the volunteer deviated from his or her job by running a personal errand, he or she was no longer working on your behalf. Get it? These things are very fact specific.

In the case of your stage manager, was this a personal fight? Just because the stage manager slapped the actress doesn’t necessarily mean your organization is liable if he or she wasn’t acting in the capacity of a stage manager at the time. However, let’s say that the actress refused to follow the stage manager’s directions, a fight ensued, and the stage manager decided, out of frustration or poor anger management skills, to slap the actress. You could most definitely be sued because the stage manager was clearly acting in his or her capacity as a stage manager.

If you had strict written policies prohibiting physical violence, assaults, battery, etc, you could always argue that (1) you had no reason to believe that your stage manager was violent or had assaulted others in the past and (2) that he or she was violating strict company guidelines and procedures. (The stage manager could still be personally sued for assault and battery, but these arguments might get your organization off the hook.) However, now that this has happened, you would most definitely be liable if this ever happened again and you took no steps to prevent another similar incident.

You would certainly be warranted in dismissing the stage manager and refusing to let him or her work with you again. Short of that, at the very least, you should ensure that there are written policies and procedures for all volunteers, employees, independent contractors, and any one else who provides services for your organization. You need to make sure everyone understands that this kind of behavior will not be tolerated.

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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!