Archive for February, 2014

Ritual in the Philharmonie: Bach’s ‘St. John Passion’ and MusicAeterna

Friday, February 28th, 2014

By Rebecca Schmid

In the final scene of Bach’s St. John Passion, staged by Peter Sellars at the Philharmonie on Feb.27, the members of the Rundfunkchor gather in meditation around a spotlight, the rest of the hall submerged in darkness. The body of Jesus has been quietly removed during a lament of Mary Magdalene, his absence hovering in the afterglow. With only ten arias, St. John, J.S. Bach’s first completed Passion, finds its dramatic backbone in choral numbers illustrating both the adulation and persecution that accompanied Jesus’ final days before crucifixion. The chorus can transform from a blood-thirsty mob to a gathering of pleading individuals within one scene.

Sellars relies heavily on pantomime to illustrate their very human plight. The singers, at first lying like corpses, stretch their arms to the heavens during the opening “Herr, unser Herrscher” (Lord, our Lord), only to throw dice at the dying Jesus during “Lasset uns nicht zerteilen” (Let us not be divided). Although it is sometimes a challenge to take the chorus’ histrionic expressions seriously, the director manages to capture the ambiguity, hypocrisy, cruelty and spiritual deliverance of the Gospel while always working within the space of Bach’s transcendent score. The Rundfunkchor, singing its parts from memory, immerses itself completely in the interaction of music and gesture.

Sellars considers his recreations of the Passions not stagings but ritualizations. His 2010 production of St. Matthew with the Berlin Philharmonic and Rundfunkchor was such a success that the ensembles re-joined in St. John with all the same soloists save for the now-retired Thomas Quasthoff, here replaced by baritone Roderick Williams in the role of Jesus. The director opts for an even more raw approach in St. John to externalize the music’s fierce dramatic conflict. As he explained in a recent interview via Skype (see A Hall That Invites the Audience Into the Music-Making), while “Matthew” is filled with “contemplative spaciousness, “John” is “super immediate, super visceral and shockingly realistic, over and over again.”

While chorus and orchestra interwove like polyphony in the more generously scored St. Matthew, with a white tombstone representing Jesus’ ultimate fate, St. John is all flesh and blood, violence and stasis. In one of the most powerful moments, during Pilatus’ aria urging the chorus to make a pilgrimage to the site of Jesus’ crucifixion, the chorus shouts back “where to?” from all corners of the geometric, vertiginous Philharmonie. Even the stage hands, dressed in black like the choral members and musicians, are treated as a homogenous part of the action, blurring the boundaries between theater and life, religion and secularity.

As in St. Matthew, the tenor Mark Padmore grounded the performance with a portrayal of the Evangelist at once dramatically earnest and naturalist. Often seated at the edge of the stage, he narrated with a sense of clairvoyant regret. Extensive recitatives never grew dry due to Padmore’s clear, expressive timbre, impeccable diction and direct engagement with the audience. In the role of Pilatus, Christian Gerhaher was cast as an impotent bureaucrat of sorts, sitting centerstage in empty contemplation that sometimes bordered on the deranged. Yet he brought unaffected, baritonal purity to the aria “Mein teuer Heiland” (My beloved Savior), an intimate dialogue with cello continuo and choral accompaniment that is one of the most memorable numbers in St. John.

Magdalena Kožená, returning as a Mary Magdalene figure—but this time pregnant and in a lipstick red dress—also made the most of her few numbers, conveying quiet devastation in the aria “Es ist vollbracht” (The act is completed) with a velvety, rich tone and clear diction against viola da gamba and continuo. The soprano Camilla Tilling, although blessed with a creamy timbre and commanding presence, was not as well suited to the demands of Bach’s sinuous lines, sounding thin in the extended high notes of “Zerfließe, mein Herze” (Dissolve, my heart) as she wandered among of blanket of collapsed bodies.

The tenor Topi Lehtipuu is also not the ideal choice for baroque music, with a fast vibrato that weakened his arias. Williams, when not bound to the stage floor as the blind-folded Jesus, invested his lines with pain and spiritual depth. Sir Simon Rattle and a 13-strong ensemble struck a balance between introspection and charged energy that was well in keeping with the directorial conception.

MusicAeterna

Sellars received an unexpected homage earlier this month with the arrival of Teodor Currentzis and MusicAeterna. The ensemble brought an ambitious enough program on Feb.16, performing Handel’s Dixit Dominus alongside the Purcell opera Dido and Aeneas. But the young Greek conductor returned to the half-lit Philharmonie and announced that, with Sellars in the hall, the ensemble chorus would like to perform a ritual of sorts. The chorus moved through a sequence of expressive gestures in a number from Purcell’s Indian Queen, which the director staged for MusicAeterna last year in its home city of Perm.

While the classical music world has its pick of superb early music ensembles, from Concentus Musicus to Les Arts Florissants, the origins of MusicAeterna have a stake to originality. Currentzis assembled the ensemble himself in Novosibirsk, Siberia and managed to integrate both the chorus and ensemble into the Perm Opera—over 1,000 kilometers east of Moscow—upon becoming artistic director. The musicians’ non-bureaucratic genesis is still evident in their playing. The energy is high and fresh, if at times bordering on frenetic, and the communication so easy that the players breathe with Currentzis. Phrasing unfurls in shooting but clean lines, betraying hours of intense rehearsal.

This was particularly evident in the fugal seventh movement of Dixit Dominus. In the penultimate “De torrente in via bibet,” the strings’ gripping tension recalled the finest early music ensembles, although the choral soloists did not rise to the same standards. As a unit, however, the vocal ensemble produces an even, musical glow. Even if diction was an issue in the English-language libretto of Dido and Aeneas, the performance’s charm distracted from such details. Sopranos Anna Prohaska and Nurial Rial gave magnetic performances as Dido and Belinda, and Currentzis’ fluid, lanky gestures maintained a perpetual sense of momentum and dramatic intensity.

While dynamic architecture often pushed the boundaries of authentic performance practice, the sense of understatement in the final scene could not have been more effective. Against Prohaska’s florid ornamentation in reprises of “Thy hand, Belinda,” the orchestra’s sustained pianissimo hovered on the edge of an abyss.

For more by Rebecca Schmid, visit rebeccaschmid.info

Vienna Phil in Carnegie Hall

Friday, February 28th, 2014

By Sedgwick Clark

The Vienna Philharmonic is in town for Carnegie Hall’s “Vienna: City of Dreams” Festival. Undoubtedly, music critics ranging from the Times to cub bloggers will swallow the orchestra’s p.r. bandwagon of tradition and aver how its magnificent sonority has remained the same over the years. I first heard the Vienna Philharmonic on April 3, 1976, at Carnegie Hall. The late Claudio Abbado led Bruckner’s Seventh Symphony, and I thought I’d died and gone to heaven (as opposed to the second level of hell that Gennady Rozhdestvensky and the Leningrad Phil had taken me three years before in Tchaikovsky’s Francesca da Rimini, discussed in last week’s blog). The Viennese string players attacked their instruments with a vengeance, but without the scrunching that the New York Phil had accustomed me to, and the brass players’ faces flushed brightly as sheer warmth and resplendent sound enveloped the audience.

That Abbado performance came to mind as the VPO cellos entered quietly in the second bar of Bruckner’s Sixth Symphony on Wednesday, the 26th. The illusion, under conductor Franz Welser-Möst, didn’t last. The fortissimo tutti, when it burst out, was shrill. The Vienna Philharmonic, shrill? Yes, believe it or not, from parquet T1, anyway.

The Sixth doesn’t deserve to be Bruckner’s least performed mature symphony. The first movement strides forward with majestic confidence. The British Bruckner-Mahler scholar Deryck Cooke thought the Adagio the composer’s finest; its eloquent solemnity might have profited from a broader tempo. The Scherzo is uniquely weird—nightmarish, even—among Bruckner scherzos, with the plink-plonk pizzicati of the Trio bringing to mind Franz Waxman’s scoring of the scene in The Bride of Frankenstein (1935) where mad Dr. Pretorius (Ernest Thesiger) toasts a human skull in a crypt. The finale drives ahead with unclouded jollity, the only instance of such abandon in his mature symphonies.

The Sixth is not one of the Austrian composer’s complicated symphonies, and Welser-Möst’s straightforward musicianship is not the place to find Brucknerian mystery or magic. His well-chosen tempos, care over the characteristic Bruckner pauses, and refusal to litter the score with unnecessary unmarked ritards would make for a good introduction to the piece. But not the VPO’s infelicitous strings and crass brass.

The first half of the Vienna Philharmonic’s Wednesday night concert at Carnegie Hall was the essence of elegance and tonal beauty. Mozart’s Symphony No. 28 zipped along with grace and transparency. Authentic practitioners would find the number of players rather largish, but I would gladly hear all of Mozart’s 41 with these artists.

Bravo to Welser-Möst for inserting a contemporary work between Mozart and Bruckner. Austrian composer Johannes Maria Staud’s On Comparative Meteorology (2008-2009; rev. 2010), dedicated to the conductor, was fabulously played. Beginning with echoes of Berg and continuing with Varèse, “a large orchestra is disassembled and re-combined into a continually evolving kaleidoscope of changing instrumental colors, ranging from ethereal delicacy to violent intensity,” writes annotator Janet E. Bedell. Given a performance of this caliber, I wouldn’t mind hearing it again. Whatever happened to the stodgy, old Vienna Philharmonic?

Looking Forward

My week’s scheduled concerts (8:00 p.m. unless otherwise noted):

2/28 Carnegie Hall. Berg: Wozzeck, Op. 7 (concert performance). Vienna State Opera, Vienna Philharmonic/Franz Welser-Möst, cond. Matthias Goerne (Wozzeck), Evelyn Herilitzius (Marie), Herbert Lippert (Drum Major), Norbert Ernst (Andres), Wolfgang Bankl (Doctor), Herwig Pecoraro (Captain).

3/1 Carnegie Hall. R. Strauss: Salome, Op. 54 (concert performance). Vienna State Opera, Vienna Philharmonic/Andris Nelsons, cond. Gun-Brit Barkmin (Salome), Falk Struckmann (Jochanaan), Gerhard A. Siegel (Herodes), Jane Henschel (Herodias), Carlos Osuna (Narraboth).

Celebrating Octogenarian Composers

Thursday, February 27th, 2014

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Next week, the eightieth birthdays of two very different composers are celebrated in New York. On March 3rd, New York New Music Ensemble fetes English composer Harrison Birtwistle with a portrait concert at the DiMenna Center (details here). Cygnus Ensemble and several soloists perform the music of Mario Davidovsky on the 4th at Merkin Concert Hall (details here). While Birtwistle is best known for his stage works and Davidovsky is known for his Synchronisms, music for electronic tape and soloists, both have written compelling chamber music and this is what will be the focus of these two events. Happy birthday to them both!

Rattle Sabers, Not Contracts

Thursday, February 27th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder

We recently had a presenter call us and cancel an engagement “due to inclement weather” because the company’s flight was canceled and they could not arrive the day before the performance as required. The company offered to fly the next day and arrive on the afternoon of the performance.  However, the presenter expressed that they were not comfortable with this because they felt the company would not arrive at the theater in time to run a tech with their team and also had the fear that the company would not arrive in time to perform. The engagement contract has a Force Majeure clause that says:

In the event that the performance of any of the covenants of this agreement on the part of the Company or the Presenter shall be prevented by…act of God, illness, physical disability, acts or regulations of public authorities or labor unions, labor difficulties, strike, war, epidemic, interruption or delay of transportation service, or any other causes beyond the reasonable control of such party, such party shall be relieved of its obligations thereunder with respect to the Performance(s) so prevented on account of such cause.  If the Performance(s) shall be prevented due to a Force Majeure event, neither the Company nor the Presenter shall be under any obligation to present the Performance at a different time, except that if the Performance(s) shall be prevented for any of the foregoing causes, the Presenter shall use its best efforts to re-engage the Company within a twenty-four (24) month period on the same terms and conditions set forth herein, subject however to Company’s availability…In the event that the performance is cancelled due to Force Majeure on the Artist’s behalf, all deposit monies will be returned to Presenter. In the event that the Presenter cancels the performance for any reason other than those described in the preceding paragraph, then the Presenter is responsible for the full fee.

Do we have to return the deposit since the company was willing to fly in the next day, but Presenter decided to cancel anyway? Can we ask for the full fee? We have not yet spoken to the Presenter, but wanted to be forearmed before we do so we can stand our ground.

“Forearmed” for what? Has the Presenter asked for the deposit back? Are you planning on initiating this “battle”? A contract is a tool, not a weapon to be rattled like a sabre. If you approach this as a “battle”, here’s how it will likely play out:

Presenter: Great to see you at APAP. Thanks for the drinks. I’m afraid we’re going to need the deposit back because the artists couldn’t get here due to weather. The force majeur was theirs.

Manager: But they were willing and able to come the next day. You didn’t want to take that risk. So, you cancelled. In fact, you owe us the rest of the performance fee. And, thanks for the birthday card. That cat was adorable.

Presenter: It’s industry standard for the deposit to be returned when there is a cancellation due to weather.

Manager:  But you cancelled and its industry standard that the artist gets paid if the presenter cancels.

Presenter: The company’s flight was cancelled because of the snow. That’s a force majeur.

Manager: The weather prevented the artist from arriving the day before the concert. They could have arrived on the day of the performance. You didn’t want them, so you cancelled and the contract says if you cancel we get to keep the deposit and you owe the full fee.

Presenter: But that’s not industry standard

Manager: It’s what’s in the contract.

Presenter: We were forced to cancel the performance and refund the tickets, which didn’t sell that well anyway. I just didn’t want to say anything about that earlier because of our good relationship. We can’t take those kinds of losses. We are a non-profit.

Manager: The artist had losses, too.  And if you weren’t selling tickets, then you should have told me sooner so I could help with the marketing. If you had marketed better, the show sells itself.

Presenter: No show sells itself. Did I mention we are a non-profit?

Manager: We can’t give the deposit back and the company can’t afford to take a loss on this tour. It’s not their fault it snowed.

Presenter: It’s not our fault either, which is why we need the deposit back.

Manager: I spoke with an attorney and we will have to turn this over to legal counsel if we have to. It not personal.

Presenter: I understand. This isn’t personal on my end either, but we have a free attorney on our board and they will sue you to get our money back…and I won’t ever hire any artist on your roster again.

Manager: Fine

Presenter: Fine

…and scene…

Unless you are dealing with the cancellation of the road tour of “Spiderman”, neither of the parties will…or should…be willing to spend the money, time, and energy necessary to sue each other, so they will just stew over this, avoid each other at conferences, and write nasty things about each other on social platforms.

The point of having an engagement agreement, or any contract, much less as force majeure clause, is to identify problems ahead of time and articulate in advance how disputes will be resolved. In your case, based on the engagement agreement, both parties knew that, in the event of snow or other unforeseeable issues, either could be facing losses they might not be able to recover. A force majeure operates like an “excuse.” It gives each party the right to cancel under certain conditions without having such cancellation become a breach. However, because it isn’t a breach, neither party is going to emerge unscathed. Someone is either going to have lost out-of-pocket costs they can’t recover, or a deposit they can’t get back, or both. However, knowing this, hopefully, allows you to budget and plan for various eventualities.

In this scenario, the phrase “due to Force Majeure on the Artist’s behalf” isn’t really defined. However, a reasonable interpretation is that the cancellation of the artist’s flight constituted a force majeur event on the part of the artists—in other words, it was their flight that was cancelled. The fact that the artists were willing to travel on the day of the performance was a reasonable solution, but it was just as reasonable for the presenter not to want to take that risk. The more important issue is that the engagement agreement requires the presenter to use its “best efforts” to try and re-book the date within the next two years. That’s the first place to start. If you can find a mutually agreeable date, problem solved—you keep the deposit and they presenter pays the balance of the fee after the next performance date. (No, you can’t ask for a higher fee if it’s the same performance!) If you can’t find a date within the next two years, then its reasonable for the artist to keep the deposit, but the presenter not to have to pay the remaining fee. “Reasonable” doesn’t mean that everyone will agree or be happy. “Reasonable” usually means that everyone walks away with less than what they wanted, but more than there were probably entitled to, which, for me, is a much better solution any day than mutually assured self-destruction.

_________________________________________________________________

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.

__________________________________________________________________

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!

 

Dessner and Greenwood on DG

Sunday, February 23rd, 2014

 

Bryce Dessner – St. Carolyn by the Sea

Jonny Greenwood – Suite from There Will be Blood

Bryce and Aaron Dessner, guitars;

Copenhagen Philharmonic, André de Ridder, conductor

Deutsche Grammophon CD

 

That crossover is not a “one size fits all” phenomenon is amply demonstrated by a new recording on DG. St. Carolyn by the Sea features two of rock’s best known guitarists and is out on March 3rd. These are no dabblers or interlopers; they take the development of classical “chops” very seriously. Bryce Dessner, whose regular gig is with the National, and Radiohead guitarist Jonny Greenwood have both written several pieces for orchestra. Their offerings on the DG CD are a study in stylistic contrasts.

 

Dessner’s work hews more closely to the minimalist aesthetic. The three pieces here each clock in at over ten minutes in duration, one closer to twenty, and Dessner uses that time to build ostinatos, textural overlays and passages of contrasting moods. Several of his sweeping crescendos are worthy of John Adams or Philip Glass. On St. Carolyn by the Sea and Raphael, Dessner neatly incorporates clear-sounding electric guitars and percussion writing that give the pieces the impetus of a rock drummer but, when the entire section is going hell for leather, writ large. In the work Lachrimae, there are also more delicate passages filled with sustained strings that are particularly affecting. Although Greenwood’s piece is the one that is a suite from a film score, there is a cinematic quality to passages in Dessner’s music too. Some of St. Carolyn’s more thrilling passages could easily be heard alongside a top notch suspense film.

 

Long fascinated with artifacts of modernism – including instruments such as the ondes martenot, for which he has written in the past – Greenwood draws upon a palette of stylistic resources that is often different from Dessner’s touchstones. Pileups of dissonances, cluster chords, and angular melodies suggest that Messiaen, Stravinsky, Dutilleux, and Ligeti are also on Greenwood’s listening list. In his Suite from There Will be Blood, I’m particularly smitten with the overlaid glissandos and chordal intensity of the movement “Henry Plainview.” Where there is repetition or the use of ostinato, as on “Future Markets,” it is more off kilter, frequently shorn off in dramatic fashion. And even though each movement of the suite is distilled from a film score cue, these aphoristic vignettes are vividly detailed and characterful.

 

So forget your preconceptions about “rock stars” as classical dilettantes: Dessner and Greenwood are the real deal.

 

St. Petersburg’s Sound, Then and Now

Friday, February 21st, 2014

By Sedgwick Clark

One of Yuri Temirkanov’s goals when he became music director of the Leningrad (now St. Petersburg) Philharmonic in 1988 was to give it a more “international” sound—to smooth over the deliberately edgy sonority cultured by the ensemble’s long-time maestro, Yevgeny Mravinsky (1903-1988).

Why, I wondered? The orchestra’s four concerts of Russian music under Gennady Rozhdestvensky at Carnegie Hall in October and November 1973 had been among the most exciting I’d ever heard. The hair-raising performance of Tchaikovsky’s Francesca da Rimini (at a time when I had some hair to raise) was unbelievably terrifying. The incredibly precise torrent of strings as literature’s most perfervid adulterers writhed in eternal punishment remains equaled in my memory solely by my one and only viewing of the film Fatal Attraction. I couldn’t even think of sex for days. The laser-beam brass cut through but never overwhelmed the huge bodies of strings and woodwinds. And in Tchaikovsky’s Fifth Symphony, the timpanist displayed the kind of flair in the finale that no one in our day of soberer-than-thou music-making would dare, flourishing his sticks in the air on alternate beats as the coda marched to its majestic end. Rozhdestvensky’s performances of Glinka’s Ruslan and Ludmilla Overture, Prokofiev’s Alexander Nevsky and Scythian Suite, the brand new Shostakovich Fifteenth, and several other works remain among my highlights of four-and-a-half decades of concert going.

So what has Temirkanov’s leadership accomplished? He shaved off the edge, that’s for sure. In a pair of St. Petersburg concerts at Carnegie last week, the conductor conjured a gigantic cushion of sound in excerpts from Rimsky-Korsakov’s The Legend of the Invisible City of Kitezh. This is a huge orchestra, with ten double basses, and correspondingly augmented violins and violas—as sumptuous an orchestral sonority as exists on the planet today, without a hint of the stridency one hears from many American orchestras that force their tone to achieve greater volume.

In Rachmaninoff’s Second Symphony, the pianissimo cellos and double basses in the opening motto sounded like a chorus of Russian basses. Innumerable eye-rolling moments of orchestral beauty enveloped me during the work’s three-quarter hour duration. But my disappointment with this performance had nothing to do with the playing or conducting. It was about Temirkanov’s decision to prune huge chunks of a piece he once honored in toto.

All conductors used to cut this gloriously garrulous piece. In the 1940s, Eugene Ormandy, claiming the composer’s imprimatur, fashioned a heavily trimmed but musically cogent performing version through which most of us prior to 1970 learned the piece. In the late 1960s, Decca/London released the first uncut recording of the work by Paul Kletzki and the Suisse Romande orchestra, followed by André Previn’s highly regarded London Symphony recording from1973 on EMI.

Enter Temirkanov. His 1978 recording of the work with the Royal Philharmonic (EMI) is the Holy Grail of the true Rachmaninoffian. It is a great performance, and it is complete. (Only Rozhdestvensky and Gergiev on LSO LIVE, to my knowledge, gild the lily by including the four-and-a-half-minute first-movement exposition repeat.) Inexplicably, the Temirkanov recording has never been transferred to CD.

He rerecorded a sliced-and-diced version of the Rach2 for RCA at the same time he performed it last in New York with the SPb’ers at Carnegie, on November 5, 1993. Whether the cuts were the same when he last conducted it doesn’t matter; I was equally annoyed.

So is either brand of this Russian band superior? Neither is by any stretch “international.” Fortunately, we have Mravinsky’s recordings—mostly live, as he hated to record—to remind us of the intensely dramatic instrument he crafted. And we can wallow on Temirkanov’s giant davenport.

Too Fast and Furious To Get A Visa!

Thursday, February 20th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

We filed a P-1 petition for an orchestra that is to perform at our venue. The petition was approved and it includes the orchestra’s conductor. However, the conductor just informed us that he does not want to go the consulate and apply for his P-1 visa (he says he just doesn’t have time for such an inconvenience.). Instead, he wants to enter as a visitor on the ESTA/Visa Waiver Program. He claims he did this when the orchestra toured the United States last year, including performing at our venue, and there was no problem, so he wants to do it again. We never realized he performed for us last year as a visitor. Are we in trouble? What if he insists on doing this again this season? What are the risks for us and for him?

Unless this is the conductor of the Hogwarts Symphony Orchestra, he seems to be laboring under the misbelief that he can waive his magic baton and dismiss anything he finds unpleasant, inconvenient, or displeasing. If only that were true.

Your situation presents several problems, the first and most immediate being that, under U.S. Immigration Law (however, inane we may all agree it is), an artist is not allowed to perform in the U.S. while on a visitor visa. Regardless of whether or not tickets are sold and regardless of whether or not the artist is paid in the U.S. or abroad (or even if the artist performs for free), no performance activities are permitted while an artist is in visitor status. Unless an artist has been admitted on an O or P visa, or has been admitted in some other applicable work authorized classification, any performances are illegal.

Technically, as the presenter/venue, you are supposed to verify the work authorization of each artist who performs for you. Had the conductor presented his visa (or lack thereof) to you last season, it would have quickly been discovered that he was not authorized to perform.  On the slim chance you were ever audited for immigration compliance, your venue could be found to have violated U.S. Immigration law by facilitating the illegal performance of a non-U.S. artist without proper work authorization. Penalties could range from fines to the greater scrutiny of future visa petitions.

I understand that, in this case, the conductor in question was able to enter the U.S on the ESTA program, perform, and leave without issue. He was lucky….and so were you. While I can see the temptation to try the same deception again, especially for a busy conductor who does not want to make a trip to a U.S. Consulate, such luck cannot continue indefinitely.

While U.S. Consular Officers and U.S. Customs and Border Protection Officers are as vigilant as possible, they cannot catch every violator on every occasion. The situation is much like running a red light, or committing any other criminal or penal violation, without getting caught. The lack of an arrest does not make the crime any less illegal. In this case, however, the penalties for an immigration violation can be more severe than a mere traffic ticket.

For an artist, presenting oneself at the border and asking for admission as a visitor, when the artist, in fact, intends to perform illegally constitutes a fraudulent misrepresentation to a federal law enforcement officer and constitutes a felony. If caught, the artist can be subject to immediate deportation as well as restrictions on future travel, visas, and work authorization. While I am familiar with many Non-U.S. artists who have managed to sneak in and out and perform as visitors on various occasions, I am also familiar with many who have been caught, even after years of being undetected.

In one case in particular, an internationally known artist who had held multiple O-1 visas over the course of his career, found himself with an approved O-1 petition, but unable to find the time to travel to a U.S. Consulate for an interview and to receive a physical O-1 visa. Instead, he entered as a visitor. Much to the dismay of him and his management, he was discovered. Because of his notoriety and international standing, he was not deported. However, because of his attempted fraudulent entry, his visitor privileges were revoked and for the next six years he was required to seek a “waiver of inadmissibility” every time he went to a U.S. Consulate to apply for a visa. Such a waiver adds an extra 2 – 3 weeks of processing time to the issuance of a visa.

I am also familiar with a management company whose future immigration petitions have been consistently flagged for extra review and processing when it was discovered that there were knowingly assisting artists in filing deception P-1 petitions.

As you can see, I would strongly advise the conductor that the immediate temptation of avoiding the time and hassle of a trip to the consulate is outweighed by the potential loss of his ability to travel and work in the U.S. Ultimately, if he decides to continue running the red light on the assumption that he won’t get caught, you and your venue should not be required to go joy riding with him.

_________________________________________________________________

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.

__________________________________________________________________

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!

 

Using Google to Find Concert Opportunities

Thursday, February 20th, 2014

By: Edna Landau

To ask a question, please write Ask Edna.

I am often asked: How can I find opportunities to perform? There are several possible answers to this question but they all have one thing in common. There is a lot of work involved and there are no shortcuts that I am aware of. One approach is to set out on foot in your target area, as Julia Villagra did on behalf of her tertulias (see my last blog post), to explore performance possibilities in spaces that haven’t offered concerts in the past. The possibilities are many and might include galleries, restaurants, churches, banks and private clubs. However, in all likelihood, you will want to undertake a much broader search. Before approaching anyone, there is a considerable amount of research to be done. The most obvious solution is to target a geographical area and then look at newspaper listings and websites to ascertain where concerts are already taking place that feature performers at your level. It you live in a big city, be sure to consult publications and listings in the surrounding areas, which may include smaller community newspapers.

One approach, which I find most fascinating, is to make Google your best friend in launching your campaign. Since I live in Westchester County (NY), I decided to begin my Google search with “arts councils in Westchester County”.  (Arts councils are always an excellent place to start.) The first port of call proved to be a treasure trove of information.  ArtsWestchester bills itself as “Your Complete Guide to the Arts in Westchester” and indeed, it seems to be just that. From the Events category, I learned about several concert series that were totally new to me: Bronxville Women’s Club (whose upcoming event was a mandolin and piano recital), Downtown Music at Grace (Grace Episcopal Church in White Plains), Harrison Public Library concerts, and Friends of Music in Sleepy Hollow, NY, now celebrating their 60th year! The home page of ArtsWestchester also features a Cultural Organizations Directory which yielded further information about these presenters and others, as well as smaller arts councils in the county. I googled “Churches in Westchester County with Pianos”, and although it didn’t produce a comprehensive list, it directed me to church event listings on NYTimes.com and also musical events taking place at individual churches in the county.

I have always been sensitive to the fact that it is particularly hard for pianists to identify places to perform, as creativity and resourcefulness do not necessarily lead one to a space with a piano. Out of curiosity, I googled “Senior Centers with pianos in New York City”. On page 5 (!), I found “Seniors Partnering with Arts Citywide”, which is part of the website of the Lower Manhattan Cultural Council. It had a list of Participating Senior Center Facilities, and indicated which had pianos. Many such facilities are eager to be approached by performers, although often, they are not able to pay a fee.

The most undoubtedly delightful moment of my Google searches resulted from my discovery of ArtsWestchester. Nestled in their Cultural Organizations Directory was a true gem: The Really Terrible Orchestra of Westchester. I kid you not. Check it out, and happy googling!

To ask a question, please write Ask Edna.

©Edna Landau 2014

Haitink and the BSO

Friday, February 14th, 2014

by Sedgwick Clark

Bernard Haitink led the Boston Symphony this week in a pair of concerts at Carnegie Hall. He made his debut with the BSO in 1971 and became its principal guest conductor in 1995 and conductor emeritus in 2004. This is his 60th season as a conductor. He was principal conductor of the Chicago Symphony from 2006-10, chief conductor of Amsterdam’s Royal Concertgebouw for 27 years and now its conductor laureate, and next month he leads the Berlin Philharmonic to celebrate the 50th anniversary of his debut with that ensemble. He turns 85 in three weeks.

There was a time when Americans could experience his vital, direct music-making mainly on records, where—in the cold environs of an empty hall—his artistry didn’t always flower. “How can I conduct Mahler at 10 in the morning?” he asked rhetorically when we were talking more than 40 years ago about making recordings. He wasn’t performing any Mahler with the BSO this time around, but he will lead the New York Philharmonic in the Third Symphony on May 15, 16, and 17. Chances are, that will be a concert you won’t want to miss.

Tuesday’s concert was one of those. American composer Steven Stucky describes his nine-minute Funeral Music for Queen Mary (after Purcell) as mostly “straightforward orchestration,” but it was obviously more than that and very affecting for it. Haitink’s graceful, buoyant collaboration with Murray Perahia in Schumann’s Piano Concerto was the evening’s treat. For years it has been subjected to interminable, “sensitive” interpretations, but this performance restored my faith in Schumann; I haven’t heard its like since the 1948 EMI recording with Dinu Lipatti, Herbert von Karajan, and the Philharmonia Orchestra. Brahms’s Fourth Symphony, which followed, unfolded in one unbroken line, with Haitink determined to avoid the luftpausen, ritards, and undue emphases of others less trusting of the composer’s score. What a pleasure, for instance, that the flute variation in the final movement moved along purposefully rather than bogging down in wrong-headed expressiveness.

During Charles Munch’s tenure as music director (1949-1962), the Bostonians gained a reputation as an orchestra with a French accent, but one wonders whether that reputation still holds. Perhaps Charles Dutoit could resurrect Munch’s colorful heritage in French orchestral works, but Haitink conjures distinctly less colorful timbres. Which is not to say that his understated performances in Wednesday’s all-Ravel program were less than enjoyable. Alborada del gracioso could have used more rhythmic snap and color, but the diaphanous orchestral shimmer in the song cycle Shéhérazade was superbly judged, perfectly balanced with Susan Graham’s subtly sensuous singing.

After intermission, Haitink led a virtually flawless, if not terribly exciting, performance of the complete Daphnis et Chloé. Perhaps he felt that ballet tempos were most suitable for a performance of the complete score—as I suspect did Pierre Monteux, the work’s first conductor, when he recorded the work in 1959 for Decca. At any rate, the sections marked Vif (“lively”) and the concluding dance (Animé) lack energy in both conductors’ renditions. Certainly neither approaches the two orgiastic renditions by Munch (1955 and 1961) on RCA.

The playing in both concerts was everything one could wish, and the wordless singing of the Tanglewood Festival Chorus in Daphnis moreso.

Looking Forward

My week’s scheduled concerts (8:00 p.m. unless otherwise noted):

2/14 Metropolitan Opera. Borodin: Prince Igor. Gianandrea Noseda, cond. Oksana Dyka (Yaroslavna), Anita Rachvelishvili (Konchakovna), Sergey Semishkur (Vladimir Igorevich), Ildar Abdrazakov (Prince Igor Svyatoslavich), Mikhail Petrenko (Prince Galitsky), Stefan Kocán (Khan Konchak).

2/15 Carnegie Hall. St. Petersburg Philharmonic/Yuri Temirkanov; Julia Fischer, violin. Prokofiev: Violin Concerto No. 2. Rachmaninoff: Symphony No. 2.

BR Campaign Runs Out of Gas

Monday, February 10th, 2014

Poster for Herbert Blomstedt’s February 2014 concert with the BRSO

By ANDREW POWELL
Published: February 10, 2014

MUNICH — Creative exhaustion appears to have arrived for a whimsical, multi-year promotional campaign here. Its subject: the Bavarian Radio Symphony Orchestra. Its budget and goals: inscrutable. The thing would never have seen the light of day in the U.S., if only for legal reasons, and its existence is one of several signs of a vain administration within parent entity Bavarian Broadcasting, or Bayerischer Rundfunk, known as BR.

Centered on posters, or Plakate, the distinctive campaign eschews images and color and relies for its life on typography, specifically the manipulation of one clunky serif-and-sans-serif font, used until recently with flair. Typically, names or numbers related to a concert program are toyed with. Riccardo Muti comes to conduct, and so we see a giant MU. At some distance, not where spelling dictates, we land on the TI. Or RAT tops a Ligeti-Schumann-Haydn-Sibelius poster, its TLE completing the conductor’s name lower down. III, heavy like prison bars, blares out for a Bruckner Third Symphony.

The layouts show up on street posters, the Internet, handouts, even on the BRSO’s scholarly and free concert program books. They are the brainchildren of Bureau Mirko Borsche, whose trending design clients include Zeit Magazin, Harper’s Bazaar and the Bavarian State Opera.

But the design firm’s ideas have become less flattering of late. A gas mask promotes Herbert Blomstedt’s all-Brahms program this week (Feb. 13 and 14). In use for months already, the image results from a zoomed-in, weighty letter B, rotated right. The composer’s name forms a facial pout that traces the B’s dimple, with the conductor’s name straight, above the mask’s eyes. No slur is meant, one must assume. Other inverted or morbid layouts, including distorted initials, have dampened the aging campaign’s fun as options for novelty have narrowed.

Is there oversight? Only of the lightest kind, apparently. Beyond the posters, questions lurk about misleading buttons and missing contact information on the BRSO website, extravagant BRSO sales literature, and a peculiar organizational structure.

Orchestra administration is buried deep inside BR, a Munich-based, license-funded broadcaster with a budget above $1 billion and more on its plate than classical music. Just how deep is reflected on BR’s giant website, whose home page offers no direct link to the orchestra. Site visitors must learn that the acclaimed BRSO is part of BR Klassik, and then a link can be found. Once on the orchestra’s home* page, material is clearly presented. But not all of it. A click on “Presse” at the top, for instance, loops you back to BR and no fewer than sixteen press officers, one of whom, Detlef Klusak, has “Musik” after his name. In a brief call last week, however, Klusak confirmed he has nothing to do with the BRSO.

Finding the orchestra’s managers from its home* page is a trip in itself. You first click on “Orchester,” then on “Die komplette Besetzung” (the whole cast) under an illustration showing only musicians. You scroll down to the lower right corner of the next page, click on “Management,” select and copy the name of the person you want — there being no email addresses or phone numbers on the secluded page — and Google him or her!

Nikolaus Pont is in charge. New, with less than a year on the job, he did not initiate the promotional campaign or plan the website, and it isn’t clear yet whether he is more than a caretaker. (Fundraising, to be sure, is not front-and-center for him as it would be for an American counterpart.) Still, he must have reviewed the BRSO’s 2013–14 season brochure.

Or rather book. Weighing in at 1 lb. 6 oz. (more than half a kilogram), its 180 pages lie between thick, gloss-coated card and a cloth, die-embossed orange spine. Inside are concert details and color photographs, including four hopelessly sullen shots of Chefdirigent Mariss Jansons. Freely distributed, the Bureau Mirko Borsche-developed book carries no paid advertising. Broadcast-license-payers can only imagine its cost and the fees earned for design and printing.

An area optimistically labeled “Kommunikation” is headed by Peter Meisel, while another group has its own person under “Marketing.” Meisel works directly with the design firm (a Facebook favorite) but his diverse duties include photography, video liaison and special events. He is, moreover, tasked with keeping the world’s press (including this blog) informed of, and involved in, BRSO activities. A recent round-robin list showed 78 email contacts for the orchestra’s media outreach: 14 within BR, 9 at the Süddeutsche Zeitung (Bavaria’s answer to The New York Times), 16 at other Bavarian media outlets, 16 German outlets, 2 foreign (including Musical America), 6 German freelance music journalists, 2 non-media and 13 private.

Is it time for fresh approaches at the Bavarian Radio Symphony Orchestra? By U.S. standards, certainly, on several fronts, starting with more management accessibility and a promotional campaign that respects visiting artists. As for this week’s concerts, Brahms will pout or smile depending on Blomstedt and the musicians, not on any poster design. The serene and sage maestro, still effective in his eighties, will no doubt laugh his gas mask right off, but of course that would suggest an altered formation for B-L-O-M-S-T-E-D-T.

[*Domain and site changes in April 2015 removed the awkwardness described here.]

Screenshot © Bayerischer Rundfunk

Related posts:
Zimerman Plays Munich
Jansons Extends at BR
Jansons! Petrenko! Gergiev!
BRSO Adopts Speedier Website
Blomstedt Blessings