Archive for September 5th, 2012

Allan Kozinn: The Times Eats Its Own

Wednesday, September 5th, 2012

by Sedgwick Clark

The word spread like wildfire: Allan Kozinn, a classical-music reviewer at the New York Times for 35 years and a staffer since 1991 had been transferred from the reviewing staff to general cultural reporting. His last review ran on Monday, September 3, Labor Day – the same day that Norman Lebrecht broke the story (see link below), alleging that the change in Kozinn’s status was the result of Culture Editor Jon Landman’s poisonous office politics and a knife in the back delivered by longtime Classical Music Editor James R. Oestreich, his friend of three decades, who feared for his own job. (For the record, I know all of the dramatis personae except for Lebrecht and Landman, and have edited articles by all of the writers mentioned below except for Tommasini, Wakin, and Eichler.)

Classical-music fans are enormously loyal, but even so, the response to Kozinn’s sacking as a reviewer was astonishing, with musicians, writers, and readers in often vituperative discussion. Readers responding to Lebrecht’s blog wrote of Kozinn’s “lack of personal bias and agenda” and “trustworthy standard of intelligence, erudition, sensitivity, and judiciousness.” They called him “a truly eloquent lover of music” and “a tremendous loss for the Times [and for] the music world.” There was even a “Save Kozinn” petition that had over 500 signatures by midday Tuesday!

To me personally, the overriding merit of Kozinn’s reviews has always been his exceptional ability to describe what the music and performance sounded like, which is no easy task. I can’t get to every concert I wish, and I’ve counted on Kozinn to elucidate the baroque and contemporary repertory he had staked out at the Times. Kozinn covered more concerts than any of his colleagues, some 250 per year. He has always been there for his editors. (When John Cage died suddenly, Kozinn wrote a 3,000-word obit in four hours!) If I believed that the executive editors still give a damn about classical music in this time of newspaper death throes and the worldwide embrace of popular culture, I would suggest that they will regret this move.

Here’s the inter-office skinny: When staffer Bernard Holland (whose elegant pen is greatly missed) retired in 2005, his position was not filled, leaving only three full-time staffers (Anthony Tommasini, Oestreich, and Kozinn) and three stringers (currently Steve Smith, Vivien Schweitzer, and Zachary Woolfe) who are limited to three reviews a week and occasional features. Landman (who I had never even heard of before Labor Day) and Oestreich (whose grumpy reviews share Kozinn’s clarity) are dying to get Woolfe on staff – understandably so, as he is highly readable and controversial, especially in opera (whose aficionados detest him). But apparently the only way to finagle that was to banish Kozinn from a classical beat altogether because Dan Wakin does a superb job covering classical news. The Times has an abysmal record of late in keeping its best classical stringers: When the paper refused to put them on staff, Alex Ross left for The New Yorker, Anne Midgette for the Washington Post, and Jeremy Eichler for the Boston Globe.

Evidently, Landman and Oestreich have no wish to repeat such blunders. But Landman has already proven himself to be an ignorant judge of the Times’s classical readership. It may be small, but it’s loyal and buys newspapers – or whatever technological form the news comes in for the time being. The good grey lady as cannibal is a sad image for this Times reader of five decades to countenance.

Lebrecht blog:

http://www.artsjournal.com/slippeddisc/2012/09/exclusive-new-york-times-demotes-a-critic.html

Listen To Your Mother and Get It In Writing!

Wednesday, September 5th, 2012

By Brian Taylor Goldstein

Can you answer this question for us?  My soon to be son-in-law is a musician. He has written and recorded many songs, and is producing his first CD.  One of the songs on the CD, he had a female friend sing with him.  If he plans to put this song on his CD, doesn’t he need some sort of written permission or release from her?

Congratulations! It sounds like you’re not only gaining a son-in-law, but your son-in-law is gaining a manager. You are absolutely correct. Even though your son-in-law may have may have written the song and paid for the recording, his friend owns the rights to her performance. There needs to be something in writing confirming that your son-in-law has her permission to record her performance for the CD and distribute copies. As most everyone in the arts world would rather suffer a paper cut than deal with paperwork, its very common for musicians and others to take the position that, if a person is aware that they are being recorded, then permission is “assumed” or “implied” and no formal contract or agreement is needed. While this is technically true, an implied license can also be revoked at any time. This means that she could wait until the CD was a big commercial success, revoke her license, and use the threat of a copyright infringement lawsuit to negotiate for a large royalty or payment.

While written permission or a release is better than nothing, if he really wants to make sure there are no future problems, the written permission (also called a “license”) needs to specify that it is “irrevocable, perpetual, and worldwide.” Even better, skip the license and have her confirm that she is assigning (ie: granting) all rights and ownership in the recording of her performance to him. Either way, in order for the “writing” to be enforceable as contract, it also needs to confirm what she is getting in exchange for the license or assignment. A flat fee? Royalties from sales of the CD? Even if she agreed to do the recording out of friendship in exchange for nothing, the writing should confirm that she will be given credit and acknowledgement “in exchange” for the assignment or license. While this may seem like an unnecessary formality for a first CD, it’s far wiser to plan for success rather than have it derailed by someone else’s plan.

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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!