Archive for March, 2014

Here’s Whoopi!

Friday, March 28th, 2014

By Sedgwick Clark

Just as New York Philharmonic audiences had gotten used to hearing Alec Baldwin’s subdued tones asking them to turn off their cell phones, they were surprised to hear Bryn Terfel and Emma Thompson making a Sweeney-themed plea before the orchestra’s five performances of Stephen Sondheim’s Sweeney Todd (3/5-8). And then, before Alan Gilbert conducted an all-Carl Nielsen concert the following week, none other than Whoopi Goldberg urged us to check those noisy cell phones.

These seemingly innocent changes in the Philharmonic’s anti-cell phone crusade made me wonder if Baldwin had become too hot to handle? After all, in a lengthy, testy, scatological tirade in New York magazine (February 24, 2014), he explained in no uncertain terms why he was saying “good-bye to public life” in the city in which he has lived since 1979, citing predatory paparazzi, loathsome, prevaricating, and despicable media, media hounding of his wife, and endangerment of his baby daughter, while also admitting that some of his own comments and behavior may have brought on some of his problems. Los Angeles, with its gated communities to segregate movie stars from their fans and the media, which he once scorned, was looking more attractive than it once did.

Baldwin, an avid classical music lover and supporter of the arts, has been host of the Philharmonic’s national broadcasts for five years, when he was riding high and winning Emmy awards for his role on 30 Rock, but his recent problems made me curious to know if he was including the Philharmonic in the “public life” he was threatening to leave. So I called Katherine E. Johnson, the orchestra’s director of media and public relations, to get the skinny:

“Whoopi Goldberg was elected to the New York Philharmonic’s Board of Directors in January 2013. In addition to recording our new cell phone announcements—which will play in rotation with those recorded by our radio host, Alec Baldwin—we are exploring other ways in which she might be involved with the Philharmonic’s activities that align with her interests, such as in the area of education.”

 

Why Are Opera Companies Tanking?

Musicalamerica.com reported on March 20 that the San Diego Opera will close its doors on June 30 after 28 consecutive seasons of balanced budgets. The piece continued with other companies that have closed their doors in recent years (and MA.com editor Susan Elliott sent me others that date back further): Opera Hamilton, Ontario (January 2014), the New York City Opera (2013), Opera San Antonio (2012), Opera Boston (2011), Lyric Opera of San Diego (2011), Cleveland Opera (2010), Spokane Opera (2010), Connecticut Opera (Hartford, 2009), the Baltimore Opera (2009) and Opera Pacific (Orange County, 2008). Yesterday’s website (3/26) reports that Indianapolis Opera has just announced cancellation of its fourth and final opera of the season, Britten’s Albert Herring, due to slow sales. Rather ominous.

Undoubtedly, the reasons are complex, including the proliferation of arts organizations such as the National Endowment of the Arts in 1965. Also, opera on video became a contender in the ’80s. One incredible success story shines out, however: The Met in HD, which began in its 2006-07 season. Concurrent with the Met’s HD success is the fall-off of its own live-opera ticket sales. Some opera-aficionado friends in New York tell me they often prefer seeing Met productions in HD—and not just due to higher ticket prices.

 

Looking Forward

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

3/28 Carnegie Hall. Kronos Quartet and Friends; Wu Man, pipa; Pannonia Quartet; Face the Music Quartet; Brooklyn Youth Chorus. Additional guest artists tba. Works by Terry Riley, Pelle Gudmundsen-Holmgreen, Philip Glass, Aleksandra Vrebalov, and more. 40th Anniversary Celebration.

3/29 NJPAC at 8:30. Israel Philharmonic/Gianandrea Noseda. Ravel: Daphnis et Chloé, Suite No. 2; Ma Mère l’oye, suite. Fauré: Pelléas et Mélisande, suite. Berlioz: Symphonie fantastique.

4/3 Avery Fisher Hall at 7:30. New York Philharmonic/Pablo Heras-Casado; Peter Serkin, piano. Britten: Four Sea Interludes from Peter Grimes. Bartók: Piano Concerto No. 3. Shostakovich: Symphony No. 10.

Stravinsky On Autopilot

Thursday, March 27th, 2014

Members of the Munich Philharmonic at work

By ANDREW POWELL
Published: March 27, 2014

MUNICH — In eight days in May 2004, as a kind of audition for the post of principal conductor, Valery Gergiev drove the London Symphony Orchestra brilliantly, if roughly, through recorded concerts of all of Prokofiev’s symphonies. Acclaim ensued, he got the job, and two years later the hasty, also electrifying and poignant, cycle rolled out on Philips CDs.

Now that Gergiev is headed here as Chefdirigent of the Munich Philharmonic, his attention is on Stravinsky. Only this time he already has the job, from Sept. 2015. And while Gergiev can be effective in this composer’s music too, he isn’t always, as Sedgwick Clark recently noted.

Munich’s Stravinsky cycle, if that is what it turns out to be, got off to a sad start Dec. 18. On the program, at the orchestra’s crooked Gasteig home, four French-name works: L’oiseau de feu (1910), Symphonies d’instruments à vent (1920), and the cantatas Le roi des étoiles (1912) and Les noces (1923).

Technically it was a good night. The orchestra and the pianists played well, the singing had discipline. Microphones presumably were turned on.

Artistically, though, nothing much happened, above all in the popular ballet score, which coasted vacantly and sounded headless, as if the orchestra members had crafted an interpretation by themselves.

The inspired Les noces should have been a treat, with four Mariinsky singers on hand (soprano Irina Vasilieva, mezzo-soprano Olga Savova, tenor Alexander Timchenko and bass Ilya Bannik), but Gergiev operated merely as traffic cop. Visceral bite in the score counted for little, despite robust contributions from Vasilieva and Savova and the energy of pianists Sergei Babayan, Dmitri Levkovich, Marina Radiushina and Andrius Zlabys, plus able percussionists. Adding to the woe, the cantata’s torrent of words blurred in the wide, fan-shaped auditorium.

Although perfectly intoned, the Symphonies suffered from blunting of essential rhythmic impulses. Only the brief King of the Stars (Звездоликий, actually Star Face) brought satisfaction, its alien harmonies and odd temporal properties carefully managed.

But who knows? Recordings may paint a more enthralling, or at any rate clearer, picture of this first regular-program collaboration of the Munich Philharmonic and the boss-to-be since the January 2013 announcement of his hire. And there is always hope for the cycle’s second installment.

The concert, not incidentally, was beset by unnerving circumstance. A testy news conference the previous afternoon (Dec. 17); a human rights protest in the form of a Putin-Gergiev pantomime on the Gasteig’s forecourt, watched by hundreds of arriving concertgoers; the unrealized menace of heckling during the music; daytime pressure from City of Munich politicians; and, not least, a week of frenzy for the maestro before he even landed here — all amount to another discussion.

Photo © Wild und Leise

Related posts:
Maestro, 62, Outruns Players
Trifonov’s Rach 3 Cocktail
Gergiev, Munich’s Mistake
Antonini Works Alcina’s Magic
Jansons Turns 75

Does An Artist Need An Original Visa Approval Notice?

Thursday, March 27th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

Does a conductor who has been approved for an O-1 visa need to bring the original approval notice to the consulate or will a color scan of the original work? We have been getting conflicting information, including a representative at the consulate telling us on the phone that he would also need the original to enter the US. We are also concerned because when we try to schedule his appointment at the consulate we keep getting locked out of the system. Is this because we need the original or a different approval number than the one we have? 

Like any large institution, the various branches and agencies of our government are populated both with dedicated, intelligent employees who do exemplary jobs under stressful and demanding circumstances as well as with lower level invertebrates who slithered in searching for food and mysteriously found themselves employed. Sadly, you appear to have been given information from a fruit fly.

The conductor’s visa petition needs to be approved by the time of his visa appointment, but he does NOT need to bring the original approval notice with him. When a petition is filed, USCIS will issue a petition receipt notice. The receipt notice will contain a receipt number—beginning with “EAC” if it was filed at the Vermont Service Center or beginning with “WAC” if it was filed with the California Service Center.” You can use that receipt number to schedule an appointment at the consulate.

Once the petition is approved, USCIS will issue an approval notice. (As I mentioned in a recent post, be prepared to wait longer for approval notices from both services centers these days. Vermont Service Center is currently taking 30 – 60 days for standard processing of O and P petitions!!!!) The approval notice will contain the same number as the receipt number. At the time of the interview, the Consular Office will use the receipt/approval number to confirm that the petition has been approved. While, in ages past, the consulates used to require the physical approval notice, that system was replaced over 5 years ago with an on-line verification system whereby the consulate can confirm an approval using the receipt/approval number and accessing the USCIS petition approval verification database. However, be forewarned that it can take up to three days between the date of the approval and the approval itself being entered into the database. Bringing a copy of the physical approval notice will not help bridge this gap. Under the new system, the consulate is not allowed to issue a visa until they have confirmed approval in the database. In other words, the physical approval notice has been rendered obsolete.

Although we continue to recommend that an artist bring a copy of the approval notice (or the original, if available) to the appointment for reference, neither the original nor a color print out of the scanned original is necessary. While, occasionally, the folks manning the switchboards and appointment lines of some consulates tell people to bring the original approval notice, the US State Department has repeatedly re-affirmed that this is not mandatory and the Consular Officers themselves are well aware of this. As for being told that the original is required in order to enter the US, that, too, is pure misinformation.

If you are experiencing an error in the on-line system, it has nothing to do with your approval notice. Rather, it is due to the fact that government contracts for software design and maintenance are too often meted out to the lowest bidder. I suspect you are the victim of a software glitch on the consulate’s website, which is not in the least uncommon. Just wait and keep trying.

_________________________________________________________________

For additional information and resources on this and other GG-logo_for-twitterlegal 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!

 

Michael Gordon’s Rushes

Wednesday, March 26th, 2014

This week, Cantaloupe released Rushes, Michael Gordon’s latest recording. An album length piece for multiple bassoons, it layers ostinatos of repeated notes into buzzing micro-polyphonic textures. It is much like Timber, his recent work for percussionists playing wooden slats, but, of course, the permutation of pitches are more accentuated by Rushes’ bassoons.

You can hear the recording this week on WQXR; it is their album of the week. Or go to hear it live tonight in Boston, on Friday in Philadelphia, or at Montclair State University in Montclair, New Jersey on Saturday. (details below)

 

Tufts’ Granoff Music Center (Boston) – 3/26
The Icebox at Crane Arts (Philly) – 3/28
Montclair State Univ. (Montclair, NJ) – 3/29

MKO Powers Up

Monday, March 24th, 2014

British conductor Clement Power, 33, with the Münchener Kammerorchester

By ANDREW POWELL
Published: March 24, 2014

MUNICH — Few conductors can jump into a Berg-Zemlinsky-Honegger program on three days’ notice and lead it fluently without change. Enter Clement Power (33), a gray-haired Londoner, for the Münchener Kammerorchester’s March 13 subscription concert here at the Prinz-Regenten-Theater. The newcomer showed an easy rapport with the players (6-5-4-4-2 strings) and technical mastery, resulting in persuasive readings of four challenging scores.

He fostered a warm sound, with precise articulation in Berg’s Drei Stücke aus der Lyrischen Suite (1928) and clear, glowing layers in Honegger’s D-Major String Symphony (1941). The MKO responded passionately in the outer two Berg “pieces” and sustained rhythmic exactness in the forwards-then-backwards Allegro misterioso. The Honegger resounded with such refinement and allure that it was hard to channel the composer’s morose wartime outlook. Ideas swirled vigorously, swooned more than mourned. Rupprecht Drees’s trumpet made a happily unobtrusive entry in the last movement, and the chorale tune soared to rapturous applause.

In between, Sandrine Piau applied her elegant, bright lyric soprano to Zemlinsky’s lush Maiblumen blühten überall (1898) and Berg’s Sieben frühe Lieder (1908), both heard in arrangements, the Berg being Reinbert de Leeuw’s pungent reduction. Although sensitive to the German texts, however, she proved overparted.

String for string, the MKO may be Munich’s most accomplished orchestra. An ensemble of two dozen musicians founded in 1950, it has scant competition yet plays at consistently high levels in enterprising programs (often resulting in enterprising CDs on ECM Records). Its seasons in the Hellenistic-Romantic opulence of the Prinz-Regenten-Theater (1901), an architectural cousin of Bayreuth’s Festspielhaus (1875), are rounded out by chamber performances in the Jugendstil Schauspielhaus (also 1901) on ritzy-retail Maximilianstraße and by much touring. The ensemble favors Classical, Modern and new scores, augmenting itself as need be. In marketing, the Münchener Kammerorchester’s acronym usually stands alone, in a neat insignia that reduces its K to a less-than sign: less than a symphony orchestra, perhaps.

Chief conductor Alexander Liebreich, originally listed for March 13, enjoys a reputation for versatility but has compromised his career by numerous visits since 2002 to North Korea. Indeed the MKO itself ventured to Pyongyang in 2012 under a do-good Goethe Institute program, explained by Liebreich to the BBC. Anyway the players must like venturing beyond safe Germany: a trip to drug cartel paradise Medellín comes on a tour next month. Call them adventurous.

Clement Power, meanwhile, remains barely known. While pretty-boy maestros in his age group win coveted awards and take up rural British opera company and New York chamber orchestra jobs, this prodigiously gifted artist works apparently without representation.

Photo © Münchener Kammerorchester

Related posts:
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Pogorelich Soldiers On

Dudamel and Gilbert Score

Friday, March 21st, 2014

By Sedgwick Clark 

I’ve heard nearly every one of Gustavo Dudamel’s New York concerts. At first I had my quibbles, but I always walked out of the hall with a smile. His music-making made me feel good to be alive.

In two concerts at Avery Fisher Hall this past weekend, his Los Angeles Philharmonic played better for him than ever. The strings had greater strength and unanimity, and the conductor unerringly balanced cross rhythms and accompaniment figures in the winds and brass to keep textures moving. The solo horn, Andrew Bain, played with eloquence and warmth in his many solos, and Joseph Pereira, a student of the New York Philharmonic’s late, great timpanist Roland Kohloff, provided dynamism and rhythmic punctuation to passages that in other hands too often turn soggy.

Leading off the LA’s first concert was John Corigliano’s 1988 Symphony No. 1. While not exactly new, its brand of dissonant tonality fits well into today’s current style. It memorializes three of the composer’s friends who succumbed to AIDS and received a slashing, uncompromising performance. It should be played every year. Dudamel’s commitment to contemporary composers is genuine, and he programs new works on nearly all his LA programs. After intermission came Tchaikovsky’s Fifth Symphony. I never thought I could love it again, but Dudamel proved me wrong.

In the second concert, wispy, little Yuja Wang played Rachmaninoff’s Third Piano Concerto with her usual mind-boggling virtuosity, and she played it uncut, as is usual these days. A curious line on the program page said, “Ms. Wang will perform cadenzas by Rachmaninoff.” Well, of course. But which of the two he composed for the first movement did she play—the lighter, rather mercurial one favored by the composer in his recording or the heavy, chordal alternative? Wang chose the first, lighter version. Dudamel’s accompaniment in the Rachmaninoff was ideal, sticking to her fleet fingerwork like flypaper through every più vivo and meno mosso. Composers usually know best, and I’ve always wondered if all the pianists who indulge in ostentatious “expressive” emphases, rubati, ritards, etc. did so because they couldn’t play the piece as written, in tempo—but Wang can and did, and the performance built naturally, with no eccentricities.

After intermission, Dudamel conducted an affectionate Brahms’s Second Symphony, which in its moderately brisk tempos and lovely singing lines reminded me of the 1945 San Francisco recording by Pierre Monteux, which is how I came to know the work on my parents’ 78s. Dudamel even allowed himself a few subtle tenutos, which he will probably expunge as time goes by but which made me smile on each appearance.

Alan Gilbert’s Nielsen “Inextinguishable”

Alan Gilbert and the New York Philharmonic are in the process of recording the symphony cycle of Denmark’s greatest composer, Carl Nielsen (1865-1931), for the Danish label, DaCapo. So far only one CD, recorded in concert and containing the Second and Third symphonies, has been released, but last week the orchestra performed an all-Nielsen concert that will constitute the second CD: Helios Overture, Op. 17; Symphony No. 1, Op. 7; Symphony No. 4 (“The Inextinguishable”), Op. 29.

It’s hard to beat Nielsen’s Fourth for concert hall drama, with its dueling timpani placed on either sides of the orchestra. This was Gilbert’s and the orchestra’s finest Nielsen performance so far, on Friday afternoon, March 14. Clearly this was a master “take,” and the conductor could take chances on Saturday evening—such as when Nielsen indicates “Glorioso” twice in the score, and Gilbert’s response struck me as cautious.

Leonard Bernstein placed the timpani on the front of the stage when he performed the symphony with the Philharmonic in 1970, but it was disappointingly ponderous interpretively and thin sonically on LP. The CD remix vastly improved the sound, but it still couldn’t compete with the supercharged Martinon/Chicago recording on RCA. Gilbert followed the composer in placing the timp at the back of the stage. Mike placement will take care of any recording concerns. I feel secure in predicting that the Gilbert will be considered one of the best Fourths upon its release.

Gilbert’s performance of the First Symphony, however, seemed less certain—perhaps like the composer, who took four years to write it. Gilbert links the symphony to Brahms, but I hear Bruckner in the final movement.

The third CD, to be recorded at the October 1-3 concerts in the fall, will include Symphony No. 5 and Symphony No. 6, presumably to be released by the anniversary of the composer’s 150th birthday in 2015.

Looking forward

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

3/26 Zankel Hall at 7:30. Ensemble ACJW. Ives: The Unanswered Question. John Adams: Shaker Loops. David Lang: pierced. Copland: Appalachian Spring.

3/27 Avery Fisher Hall at 7:30. New York Philharmonic/Gustavo Dudamel. Vivier: Orion. Bruckner: Symphony No. 9.

A Modern Man: Israel Galvan in “La Curva”

Thursday, March 20th, 2014

By Rachel Straus

The Flamenco dancer Israel Galván juts his hand up in the air and calls, “Taxi!” flicks his fingers against the underside of his teeth, and pounds white flour—all in volcanically dynamic rhythms. Far from being a traditionalist, Galván, who hails from a flamenco family in Seville, isn’t making waves internationally just because he distorts flamenco tradition. He’s a figure of admiration because his dance works push that tradition beyond its staid formulas, which include spectacle-like presentations featuring exoticism, tragic otherness, and hyper masculinity.

Photo by Kevin Yatarola

In “La Curva” (The Curve, 2011), seen March 16 at the Michael Schimmel Center for the Arts at Pace University, Galván transforms flamenco dancing’s noble male image. The experience is like watching a painter create a cubist portrait. Except in this case what Galván presents is not a fractured face, but a full-blooded person, with his androgynous, grotesque, buffoonish, and madman characteristics, as well as his regal, virile side.

On the wide stage reminiscent of a factory removed of its objects, Galván sallies between stage right, where the young, avant-garde pianist Sylvie Courvoisier plays prepared piano, and stage left, where the middle age musician El Bobote and singer Inés Bacán are seated at a table. El Bobote comes to represent the father as he raps his hands in counterpoint to Galván’s rhythms while shouting salvos of approval. Meanwhile Bacán could be understood as the mother figure: her voice is as all encompassing as her Venus of Willemdorf body.

Photo by Kevin Yatarola

Photo by Kevin Yatarola

In the middle of the 80-minute work, Galván hammers his feet atop the rickety table in front of his “parents” while Courvoiser plays the opening bars of Igor Stravinsky’s “Rite of Spring.” Undoubtedly, Galván is thinking of the dancer-choreographer (and rebel) Vaslav Nijinsky. He refused to employ ballets steps in his dance work to Stravinsky’s music. A kindred spirit for Galván, Nijinsky distorted the ballet dancers’ bodies into totem-esque shapes in “Rite” and critics railed at this grotesquery. “Rite” also caused a riot. In “La Curva,” the only real violence occurs when Galván topples, on four separate occasions, a stack of chairs. They crash to the ground, but none present seem to care. It’s hard to cause a scandal in the theater these days.

Photo by Kevin Yatarola

Photo by Kevin Yatarola

In the program notes, the great flamenco dancer Vicente Escudero (1892-1980) is mentioned as a source of inspiration for “La Curva.” Of particular interest to Galván, it says, was Escudero’s 1924 Paris performance, where the performer played a part of a banjo as if it was a cajón (the Afro-Peruvian instrument currently used in most flamenco performances). In a similar fashion, Galván hangs a folded chair over his chest and raps out a rhythm. The result is all too Duchamp. But the mention of Escudero in the program notes appears to have a far greater significance than this one lost 1924 performance. Most flamenco fans associate Escudero with his ten principles on male flamenco dancing. They are worth quoting:

Dance in a masculine style.

Sobriety.

Turn the wrist with the fingers closed.

Limited movement of the hips.

Dance in a calm manner, without vanity.

Harmony of feet, arms and head.

Be beautiful, flexible and honest.

Develop an individual style and emphasis.

Dance in traditional costume.

Keep a range of sounds in the mind, don’t put nails in the boots, dance on a simple stage and don’t use accessories.

In “La Curva,” Galván flouts every single principle of Escudero’s except the call to develop an individual style. Galván repeatedly juts his hips forward à la Michael Jackson. He dances in black stretch pants and a t-shirt. He is never calm. Instead his dancing is like a cyclone, where the most inner curve resembles warp speed. Rather than striving for harmony, Galván employs physical distortion and isolation.

An iconoclast, Galván is one that thankfully has a cause. He refuses to be imprisoned by the noble, male, flamenco dancing image. While it was carefully erected to celebrate the dignity of the gypsy, he sees no reason for keeping it. Those awkwardly stacked chairs, which crash to the floor with a swift pull in “La Curva,” symbolize Galván’s thinking.

 

 

 

 

 

 

BMOP Plays Babbitt

Thursday, March 20th, 2014

Milton Babbitt: All Set

Boston Modern Orchestra Project, Gil Rose, conductor

BMOPsound CD

 

One of the challenges for the reception of music by Milton Babbitt (1916-2011) has been the difficulty the composer encountered in finding performers up to the task of recording his ensemble works with clarity and precision. While one is grateful for those brave souls who first tackled his compositions and recorded them for posterity, All Set, Boston Modern Orchestra Project’s latest recording of his works, fills in some gaps and provides clear sound and well-executed renderings of several of his pieces. Composition for Twelve Instruments, one of Babbitt’s earliest integrally serial pieces, is given rhythmically crisp and expressive treatment. The title work, Babbitt’s most overtly jazz-influenced piece, employs the instrumentation of a jazz combo and, despite its serial design, gestures that remind one of modern jazz solos. The recording, with its ebullient gestures and snappy rhythms, demonstrates that the BMOP players can play formidable modernist works, but they can bebop too!

 

The group also tackles one of Babbitt’s trickiest pieces using tape, Correspondences, and provides an ardent reading of Paraphrases, one of Babbitt’s more labyrinthine scores (which is saying something). A suave version of Babbitt’s birthday tribute to Elliott Carter, In the Crowded Air, and soprano Lucy Shelton’s laser beam accurate rendering of “From the Psalter” round out the disc. All Set is one of the most important additions to the Babbitt discography in years. Of course, there’s more work to be done on behalf of Babbitt’s bigger pieces. Dare we hope that Gil Rose might tackle Relata and the Concerti on a subsequent outing?

What’s The New Normal In Contract Practice?

Thursday, March 20th, 2014

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

What’s the new “normal” in reviewing and exchanging contracts? We are receiving an increasing number of contracts that had been issued as PDF files coming back as word files or even revised PDF files which means I have to read every single line of the agreement (along with an original version open beside it) in order to approve what is essentially a new version of the instrument we painstakingly crafted. Isn’t the presenter obligated to sign what we send or at least tell us they are amending our contract? We scratching our heads trying to understand what constitutes the “new normal” in contract practice.

I am the last person to proclaim what is and what is not “normal”. Normal is boring. Normal lacks imagination. Normal is not what the arts are all about. Nonetheless, when it comes to contract practice, many people in our industry continue to look for rigidity in a process that is intended to be quite fluid.

When you send a contract to another party, regardless of how brilliantly or painstakingly crafted the contract may be, you are sending them a “proposal” of the terms for their review. After all, unless you’re working within the structure of a pre-negotiated collective bargaining agreement, negotiating the terms of an engagement is not merely about agreeing on the date, time, and fee.   Everything about the engagement is negotiable as well: insurance, force majeure terms, technical requirements, warranties, licenses, recording rights, approvals, publicity restrictions, exclusivity, cancellation, taxes, visas, etc.

While, as a general rule, a contract should never be presented until both sides have at least agreed to all of the most important terms, there are bound to be additional terms and requirements that were not discussed—and even if they were discussed, chances are the wording or phraseology in the contract may or may not comport with a party’s understanding of what was agreed upon. The contract is the way to present and memorialize all of the additional terms that are important to the engagement, but may not have been clearly discussed at the outset. Many people call all of these additional term “legalese” or “boilerplate” terms, but, remember, nothing is standard…everything is negotiable. Even if you find yourself in the enviable position of being able to say “take it or leave it”, no one is ever obligated to agree to anything. As a result, unless you have somehow managed to discuss and agree upon each and every term ahead of time, the presentation of a contract is often how the negotiation continues, not ends.

Both professional courtesy and common sense would suggest that, before anyone starts making contractual amendments, the party proposing or requesting such changes should bring them to the other party’s attention either by highlighting them or discussing them ahead of time. While marking up a contract with handwritten comments has long been the practice, technology makes it relatively easy to take a PDF, format it into an editable word document, and make changes. However, most word processing programs also allow you to “compare” two documents. So, rather than having to painstakingly read every single line of an agreement, you can just as easily ask your word processing program to compare the old and new versions and it will automatically highlight all of the changes for you.

Personally, because my handwriting often looks like a headless chicken ran through a puddle of ink, I love being able to make changes and edits directly to the text of a contract. However, I then use my word processing program to compare the old version with my version, rename the document, and send it to the other party with all of my proposed changes clearly marked. I also like to add a watermark that says “draft” on each page. Its only when all the terms have been agreed upon by all the parties that is time to remove the watermark, PDF the document, and get everyone to sign it.

________________________________________________________________

For additional information and resources on this and other GG_logo_for-facebooklegal 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!

 

Thank You Notes

Thursday, March 20th, 2014

By: Edna Landau

To ask a question, please write Ask Edna.

A young artist who seeks my advice from time to time recently asked me about a note she was planning to write to a conductor following what she thought was a very successful collaboration. She wanted to be sure that what she had drafted was appropriate. The conductor had given her his personal e-mail address and had taken a picture with her. In her note to him, she expressed appreciation for having had a chance to work with him and attached the picture. No problem at all. I found that charming. She then went on to inform him that her first concerto cd would be coming out soon and that she would have four additional concertos in her repertoire for the 2015-16 season. I told the young lady that unless the conductor had specifically asked her to forward her repertoire list, she was better off leaving that part out – especially inasmuch as she has professional management and that kind of follow-up should be left to them.

This particular question prompted me to approach a few conductors and presenters to ask them how often they received notes from artists and whether a nicely written thank you note following an engagement made any difference in the likelihood of an artist being re-engaged. I learned that such notes were not uncommon and were certainly appreciated, but unless a note to a conductor specifically addressed a conversation that had taken place during the visit regarding a particular project, work or composer, with an eye toward a future collaboration, the note was not likely to have long term impact. An exception to this might be a note about specific repertoire that wasn’t discussed, but the artist and conductor had connected personally to a sufficient extent that the artist’s suggestion would feel totally natural. Here is an example: “It occurred to me after we worked together that hardly anyone plays the Busoni concerto. I happen to love that piece and in light of the fact that two years from now will be a Busoni anniversary, I thought I’d mention it in case you like the piece too!” I was advised that if a conductor specifically says to an artist that they’d like to know what they are doing from time to time and that they should stay in touch, the artist can feel comfortable taking that comment at face value. An exchange of e-mail addresses would further confirm the conductor’s sincerity. The artist must understand that there may not be any outcome from such communications for quite some time and that they need to be patient. They should also carefully gauge the frequency of their communications as it would be counterproductive to come across as pushy or, even worse, relentless. One conductor told me about a note from a violinist that has stayed in his memory because it was very thoughtful and genuine and didn’t ask for anything at all. It simply expressed appreciation for the opportunity to work together in the Sibelius concerto and went on to say how the artist’s further performances of the concerto benefited from their collaboration.

The presenters I spoke to cited a few instances where a thank you note might seem very much in order – if the presenter helped the artist to commission a new work, if the artist stayed in the community for an extended time, or if a staff member did something out of the ordinary during the artist’s stay. They quickly added that anyone taking the time to write a thank you note would be well advised to write it by hand, rather than send it by e-mail.

To round out my “research”, I decided to speak to violinist , Philippe Quint, who has always impressed me as an artist with great savoir faire. I also knew that he had been the founder and Artistic Director of the Mineria Chamber Music Festival in Mexico City and thus could respond to my questions both from the perspective of a performer and a presenter. Philippe told me that his teacher, Dorothy DeLay, had encouraged all young artists who were starting out in their careers to write thank you notes following their performances. He concurs with that approach, since even the smallest probability of getting re-engaged as a result of such a gesture can be extremely valuable at that critical time. Today, when Philippe’s career is in high gear, any thank you notes he may write are typically to a conductor with whom he may have discussed repertoire and shared a meal during the course of an engagement, or an artistic administrator at an orchestra who may have driven him around and extended themselves in a special way to make him feel comfortable. He stressed, however, that at any stage in an artist’s career, it is important that their note come across as sincere, not contrived. It would be refreshing if the artist focused on an element of the experience that demonstrated the importance to them of returning to the community — perhaps something human and memorable, rather than career based.

As a presenter, Philippe has welcomed the occasional note from an artist who has had a connection to him, apprising him of a significant and exciting new development in their career. Constant updates with information that is easily accessible via Facebook or Twitter often get instantly deleted. He suggests that a periodic newsletter, prepared for family, friends and close industry contacts, may be well received by a professional contact  if forwarded with a personal note that acknowledges something nice that has just happened for them, or an expression of enthusiasm for a recent performance or recording of theirs that the artist might have heard.

Philippe’s last words of advice concerned an artist’s general behavior during an engagement.  He cited examples of some of the most beloved artists of our time, such as Yo-Yo Ma and Joshua Bell, whose humility, kindness and generosity to everyone they encounter on their travels, regardless of function or stature, has become legendary. Their special efforts to connect with donors at post-concert events have been of incalculable benefit to the presenter and resulted in memorable experiences for the donors that will always be treasured. All artists should be inspired by their example and remember that acts of kindness mean so much to all those who work hard to make an engagement a success. Thank you’s on site and thoughtful gestures are likely to be remembered. Coupled with an artistically memorable performance, they are certainly likely to enhance the chances of being re-engaged in the future.

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© Edna Landau 2014