Archive for November 21st, 2013

East meets West: The National Symphony Orchestra at the Philharmonie

Thursday, November 21st, 2013

Taiwan_NSO_1[1]By Rebecca Schmid

The Taiwan Philharmonic, which also calls itself the National Symphony Orchestra, came to Berlin on Nov.18 as part of the second European tour in its history. With two recent commissions on the program—one by a German composer, the other by an American-trained Taiwanese native—it became clear how global classical music trends have become.

Ming-Hsiu Yen’s Breaking Through, which opened the program, stays true to its title with a clear dramaturgical structure. In the first section of the approximately 14-minute piece, after an exciting drum fanfare, various sections of the orchestra—high strings against brass, low strings against winds—are set into friction with each other, creating an immediate sense that something has to give. The second section builds out of an insistent, mourning motive in the low strings until only glassy textures and xylophone are left, only to rise again into a heroic close.

A post-Romantic feel also extends to Christian Jost’s Taipei Horizon, although a more apt title might be Taipei Apocalypse. The music opens with spurts of atmospheric, extended dissonances. There is some relief when an oboe solo emerges above pizzicati and swirling motives, but the approximately 16-minute work proceeds to march on in a procession of directionless despair, with brushes of pentatonic motives that should lend eastern flair, warring percussion, and morose low strings that have their final word in rumbling double-basses.

The orchestra, under its Music Director Shao-Chia Lü, gave a careful reading of both scores, although the Jost had perfunctory moments. In Breaking Through, the trombones got off to a wobbly start but warmed up to a more even tone.

The Sibelius Violin Concerto, featuring Viviane Hagner as soloist, was less convincing. Despite the Philharmonic’s clean, well-calibrated playing, there was no sense of the spacious mystery or profound melancholy that brings this music to life in the opening Allegro.

The middle movement, which relies on the expressive power of the soloist in passages of naked, soulful lyricism, was even more disappointing. Hagner’s soft dynamics were not trenchant enough, nor did she capture the complex emotions behind the notes. The zesty delivery of the final movement was more satisfying, although the soloist’s tone could have benefitted from more strength.

All sections of the orchestra were in fine form for Dvořák’s Eighth Symphony, which unfolded with fresh energy and elegant phrasing, particularly in the lilting dance-like melody of the closing Allegro ma non troppo. Lü, clearly in high spirits, showed off his flair for the composer with an encore of the Fifth Slavonic Dance. He then brought the soprano Meng-Chun Lin onstage to perform a traditional Taiwanese song.

As the orchestration flowered around her earnest melody, one caught a glimpse of what may be the future of classical music.

rebeccaschmid.info

A “Thank-You” Note Is Not The Same As A License

Thursday, November 21st, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I was wondering if I have my own blog and post a music video from iTunes in the blog, giving full credit to the musician, including the musician’s original link, would this be legal? And can you please specify on what full credit means.  Further, if I can’t do this, how do you go about getting permission from the musician??  Thank you!

A “copyright” is literally the right to make copies. A copyright “infringement” is when you make a copy of something without the owner’s permission.

Almost everything you can find on the internet (photos, images, videos, text, etc.) is someone else’s property. Part of the challenge of understanding digital rights is that the ease with which we can download and copy materials on the internet tends to make us forget that copying any materials without permission is still copyright infringement.

Without question, many people post pictures, videos, and other materials and are more than happy to have others repost and share them; but that decision is entirely up to the person who owns the materials. In other words, just because a car is parked on the street, doesn’t mean its free for the taking.

Purchasing and downloading a video from itunes only gives you the right to enjoy it. It doesn’t give you the right to re-post or copy the video. As such, posting someone else’s video on your blog would constitute copyright infringement unless you had permission from the owner of the video.

If you are commenting on or reviewing the video or the artist, then, arguably, you might be able to claim that posting the video constitutes “fair use.” However, the more of an item you post, the less “fair use” it becomes. So, an excerpt of a video is more likely to be “fair use” than posting the entire video. The better option would be for you to post a link to the video rather than post the video itself. In other words, you would be inviting your readers to go to itunes or the artist’s own website to view the video. This way, the owner can control whether or not they want the video to be shared.

I know many people who subscribe to the theory that, in practical terms, you should post anything you want until someone tells you to take it down. However, in practical terms, that’s also called “really bad advice.”

As for giving “full credit”, giving an owner credit in any form or manner neither gives you any rights to post materials nor absolves you of copyright infringement. Stealing a car, but leaving a thank you note crediting the owner, doesn’t make it any less a crime. If you want to get actual permission to repost a video, photograph, or any other copyrighted material, then you need to get permission (aka “a license”) from the owner—which may or may not be the artist. More often than not, video rights are controlled by record labels. Nonetheless, when seeking licenses, the best place to start is always the musician’s publisher, manager, or agent.

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For additional information and resources on this and otherGG_logo_for-facebook legal and business issues for the performing arts, visit ggartslaw.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. GG 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!

 

 

The Road Unexpectedly Taken

Thursday, November 21st, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

It is no secret that a large number of today’s most successful arts administrators in music at one point studied an instrument, voice, conducting or composition but moved on in a different direction that was inspired by their earlier experience. Not one of the many individuals I know made this choice out of feelings of inadequacy or, even worse, failure, yet it is still comparatively rare for music school or conservatory students to be exposed to their stories and the joy they experience in their current careers. I have chosen to spotlight two such individuals whose current occupations hearken back to defining moments in their younger lives.

Shauna Quill, Executive Director of the New York Youth Symphony, is a shining example of someone who has leveraged a multiplicity of skills to serve with distinction in each of the positions she has occupied in the music industry. I first met Shauna when she was Associate Artistic Administrator at the Aspen Music Festival and School. (She later moved into the Artistic Administrator position.) We were also in touch when she became Executive Director of University of Chicago Presents, where highlights of her tenure (2007-2011) were the UCP’s first-ever music festival, dedicated to Olivier Messiaen, and “The Soviet Arts Experience”, a sixteen month interdisciplinary celebration of artists’ responses to the Politburo, which she conceived of and spearheaded and which involved 25 Chicago arts organizations. In September 2011, she may have surprised some people when she accepted the position of Executive Director of the New York Youth Symphony. My own curiosity about this prompted me to invite Shauna to lunch, at which time the impetus for her move became clearer.

Before joining the work force, Shauna Quill was a flutist who studied for a year at Columbia University and then transferred to Carnegie Mellon University, where she studied with Julius Baker and earned a Bachelor of Fine Arts degree in Music Performance with University Honors. While in Pittsburgh, she rehearsed and performed in the Pittsburgh Youth Symphony every Sunday for three years. She spoke very movingly of what it was like to play in Heinz Hall, have sectional rehearsals with Pittsburgh Symphony players, and even to use their music stands or a stray pencil left behind. The PYS created a sense of community during her college years and she still has good friends from those days. Shauna’s original plan was to obtain a master’s degree at Carnegie Mellon but after experiencing four years of performance-related injuries, she decided against it. Her first jobs were as a paralegal, and then as an artist and publicity manager with Herbert H. Breslin, Inc.  When the New York Youth Symphony position opened up in 2011, Shauna saw an opportunity for a more balanced personal life than she had in Chicago, with the possibility of spending greater time with her husband and two young children. She had warm recollections of spending six months in the NYYS Chamber Program while a student at Columbia University. Today the symphony offers tuition free participation in five programs (orchestra, chamber music, composition, conducting and jazz) to its players who are between the ages of 12 and 22. It has over 5000 alumni, five of whom are currently trustees. Each of the NYYS’s orchestra programs at Carnegie Hall and Queens College every season includes a world premiere of a work written by a composer participating in the symphony’s First Music Program. To this wonderful initiative, Shauna has added a program of hour-long workshops after select orchestra rehearsals on topics such as Careers in the Arts, Preparing for Auditions, and Alexander Technique which are open to participants in all of the NYYS programs, as well as their parents. She explained to me that in her view “the goal of the youth orchestra experience is to create musical citizens, not future conservatory students.” She wants the orchestra to offer them resources for making future decisions and to ensure that music will be part of their lives forever. It would seem that this goal should be 100% attainable with such a caring and inspired leader at the helm and the thrill of the NYSS’s program participants’ own experiences, performing in such august venues as Carnegie Hall and Jazz at Lincoln Center.

Composer Bill Holab, owner of Bill Holab Music, never envisioned running his own business. As an undergraduate at the University of Michigan, he pursued a double major in English Language and Literature and in Music Composition. He subsequently took classes at Juilliard and studied composition with David Diamond. At Juilliard, he saw an ad on the bulletin board for a part-time draftsperson with musical knowledge. He got the position and simultaneously continued to compose. His career path led him to various publishing houses where he learned about engraving, a skill which he wanted to have as a composer. By the time he started working at G. Schirmer as Senior Editor, he was growing increasingly frustrated with the constant need to promote himself as a composer in order to attract commissions and performances of his music. When he left Schirmer ten years later (where he had advanced to Director of Publications), he decided to devote all of his time to engraving and typesetting music books for publishers and composers. Two years later, he was approached by composer Osvaldo Golijov, who had left his publisher, to see if he would handle his rentals and sales. The answer was initially negative but Mr. Golijov twisted Holab’s arm. This marked the birth of Bill Holab Music. Fortunately for the new enterprise, Mr. Golijov’s career virtually exploded just at that time. Holab really took to the work and found it to be a nice complement to all the production work he was doing as an engraver. His efforts were noticed by other composers and before long his little company grew considerably larger than he had ever anticipated. He was surprised to discover that although he dreaded having to hustle his own music, he loved being a publishing agent for other composers. Today, he lists twenty-four composers on his website, to whom he offers an array of services, including engraving (now in the form of computer-based note setting that is expertly laid out, based on many years of experience).  He calls the individual composer pages on his website “passive promotion” as they are not the primary focus of his efforts, although they are undeniably important. He also gives generously of his time to participating in workshops for young composers.

What sets Bill Holab apart from some publishing companies, who provide some of the same services, is that he doesn’t assume any of the composer’s copyright ownership. He is happy to work alongside a manager or attorney and handle commissioning agreements and grand rights if one of them doesn’t. All of his services are offered with meticulous attention to detail and a strong desire to protect the composer’s rights in all situations. I contacted two of his clients – Michael Torke and Kevin Puts – both of whom had nothing but praise for their collaboration with him. Mr. Torke wrote: “I left a major international publishing company to work with Bill Holab in 2004. He harkens back to the age of 19th century publishing, like Jurgenson was to Tchaikovsky, offering tremendous personal service and loyalty.” Kevin Puts commented: “Bill manages everything in my catalog with absolute professionalism. He has proven a trusted advisor for things from the mundane (layout of scores and parts, practical issues of scoring) to the artistic. I value our relationship highly.” Bill told me that it is his own background as a composer (he still finds a little time to write a few new works) that he feels makes him empathetic to his clients’ needs and able to successfully represent them. He loves the turn that his life has taken and finds tremendous fulfillment in his work each and every day.

To ask a question, please write Ask Edna.

© Edna Landau 2013