Archive for February 13th, 2013

The Philharmonic Spans the World

Wednesday, February 13th, 2013

by Sedgwick Clark

The Warm European Touch

Andris Nelsons is one of the hottest young conductors around. Hailing from Riga, Latvia, he has been music director of the Birmingham Symphony since 2008 and made a splash in March 2011 at Carnegie Hall, substituting on a day’s notice for James Levine in a Boston Symphony performance of Mahler’s Ninth Symphony. He has conducted Turandot and Queen of Spades at the Met in recent years, but he only made his New York Philharmonic debut last season. The orchestra wasted no time in re-engaging him, and last week he led a comfortable program of works by Dvorák, Brahms, and Bartók. There wasn’t a harsh sound to be heard from an orchestra renowned for its assertive style in the not always felicitous acoustic of Avery Fisher Hall. The results, to my ears, were soothing but understated.

Dvorák’s symphonic poem The Noon Witch tells of a mother’s backfiring attempts to calm her child’s noontime tantrums by invoking the reprisal of an evil spirit. The work’s tedious structure is a drawback, but unleashing the New Yorkers’ inherent sense of drama might have driven the narrative ahead to greater effect.

Brahms’s Violin Concerto seemed a mismatch, with Nelsons leading a warm, idiomatic accompaniment to Christian Tetzlaff’s astringent solo. This superb violinist’s sound has troubled me in recent years. Never exactly a cuddly player, his beauty of tone seemed to recede at the same time he traded in his horn rims for contacts. His unappealing, tight-lipped publicity photo in the program all but shouts, “I’d rather be playing Lutoslawski.” Certainly not Brahms.

Bartók’s Concerto for Orchestra is meat and potatoes for a virtuoso band like the Philharmonic, and they played magnificently. Still, while savoring the score’s pungent beauty, I wished for more emphasis of Bartók’s pointed Hungarian rhythms and accents – especially the sharp punctuation of timpani throughout.

The Year of the Snake

The Philharmonic’s “new tradition of celebrating the Chinese New Year,” inaugurated on Tuesday (2/12), was a pleasure from first note to last. Conducted by Long Yu, China’s apparent general music director, the orchestra was in flawless fettle, with the strings displaying some of the loveliest legato I’ve heard from them in some time and ideally blended brass.

I’ll leave in-depth comments to those more informed, except to say that Li Huanzhi’s Spring Festival Overture (1955-56) was played to the hilt, with the New Yorkers making the most of the work’s indebtedness to Glinka’s Russlan and Ludmilla Overture. Chen Qigang’s quietly expressive Er Huang for Piano and Orchestra (2009) was played with self-effacing affection by Herbie Hancock. Selections from the Beijing opera The Drunken Concubine, sung by the spectacularly costumed Yan Wang, received perhaps the most warmly committed playing from the Philharmonic. The effervescent Snow Lotus Trio sang three songs to conclude a delightful concert.

Dad, May I Borrow the Car?

Wednesday, February 13th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder: May we borrow music for an orchestral performance from another organization that purchased this music, but is currently not using it?

When you write that the other organization “purchased this music”, do you mean that they actually purchased all performance rights to the music or merely purchased the score and parts? Did they actually purchase the score and parts or merely rent them?

When it comes to copyrights and performance rights, “physical” possession of an artistic work does not inherently include any rights to the work other than the right to own it and possess it. For example, when you purchase a copy of Harry Potter, you get the right to read it, enjoy it, and place it on your bookshelf. If you like, you can even lend it to a friend or sell your used copy at a flea market. However, purchasing a copy of the book does not give you the right to perform it, interpret it dramatically, make a movie out it, copy and re-print excerpts, or do anything other than enjoy it. Similarly, when you purchase a painting from a gallery, you are purchasing the right to hang it on your wall and enjoy it. Like a book, you can also lend it to a friend or museum, or even re-sell it—but you do not have the right to make copies of it, alter it, post images on your website, use it as your logo, or do anything other than look at it. Those rights must be obtained separately.

Purchasing music works much the same way. The physical ownership of sheet music does not also give you the rights to perform it. Those rights must be obtained separately from the composer or publisher—or, if the composer is a member of a performing rights society (ASCAP, BMI, or SESAC) then you can obtain licenses through the society. So, in your scenario, assuming the other organization purchased the score and parts, then they have the right to loan you the music, but if you want to perform it, then you will need to obtain your own performance rights and licenses. Assuming they only rented the score and parts, then they don’t have the right to loan it to you in the first place. That would be like an illegal sub-let.

Borrowing music is like borrowing a car. First, you have to make sure that the person loaning you the car actually has the right to loan it to you in the first place. (Just because they have the keys, doesn’t mean they own the car.) Second, even if you are allowed to borrow the car, if you want to drive it, you’ll still have to pay for your own gas.

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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!