Archive for March 6th, 2014

ICE Clarinetist Rubin’s New Recording

Thursday, March 6th, 2014

there never is no light

There Never is No Light

Joshua Rubin

Tundra TUN 002 CD

 

On There Never is No Light, International Contemporary Ensemble’s clarinetist Joshua Rubin presents a program of new music for clarinet, bass clarinet, and electronics by a diverse group of composers, both elder statesman and those of the thirty/forty-something generation. The Soul is the Arena, a piece for bass clarinet and electronics by Mario Diaz de Leon, crackles with incendiary energy, its synthetic photon bursts offset by growling multiphonics and Eric Dolphy style wails. Rubin also nets the premiere recording of Mario Davidovsky’s Synchronism No. 12, for clarinet and synthesized sounds. As with all of Davidovsky’s Synchronisms, coordination is key. Rubin’s rhythms are spot-on and his responsive playing creates an animated colloquy with the electronics.

 

Suzanne Farrin’s Ma Dentro Dove, for clarinet and resonating body, is a reverberant meditation rife with trills, repeated notes, and angular melody. Salto Cuántico, a work by Ignacio Baca Lobera for prepared clarinet and electronics, juxtaposes bumptious riffs and altissimo cries with percussive interjections and cascading crescendos of electronic sound. Cory Smythe’s Toast includes piano as well as electronics and has an avant-jazz cast that alternates with Webernian post-tonal melodies. Upon hearing it, one is impressed with Rubin’s seamless maneuvering between styles and playing demeanors.

 

The album closes with Olly Wilson’s 1974 work Echoes. While very much a period piece, technologically speaking, it is nearly as successful as the Synchronisms at providing the illusion of a dialogue between the tape and performer. Rubin again provides an animated performance that furthers this impression. Excellently performed and thoughtfully curated, There Never is No Light is a fine recording.

US VISA WARNING: Beware of the Vermont Service Center! Abandon All Hope Ye Who File There!

Thursday, March 6th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder

We filed P-1 and P-1S visa petitions at the Vermont Service Center for a group we have been touring regularly for the past 5 years. This would have been their sixth P-1 visa. Last year, we were getting petitions approved in about week. This time, after waiting 4 weeks, we got a notice asking us for a copy of our contract with the group, among other items. We’re the agent and never had to provide this before. They also wanted our contract with the group’s tour manager. We don’t have a contract with the group’s tour manager. We explained that and the P-1S petition got denied. But this same tour manager was approved last year and we supplied the same evidence this time that we did last year. What’s going on?

I wish I knew. After a period of uncharacteristic, but welcome, efficiency and competency for almost a year, the USCIS Vermont Service Center has imploded. Whether they were hit by a radioactive meteor, unearthed a demonic spirit living beneath the mail room, or were attacked by brain-eating zombies (who doubtlessly left disappointed and hungry), we may never know. What we do know is that we have been receiving multiple reports from all sectors of the performing arts reporting major problems with the Vermont Service Center, including significant processing delays, inane RFEs (Requests for Evidence), and even outright denials for O and P artists who have previously been approved for O and P visas.

The League of American Orchestras, in collaboration with the broader performing arts community, is submitting a formal complaint, as is AILA (the American Immigration Lawyers Association). In the meantime, here is a list of some of the most serious problems we have encountered and some suggestions on how to address them:

1. Processing Delays.

As many of you may recall, USCIS entered into a voluntary commitment to improve processing times for artist visas and, as recently as December 2013, regular processing times for O and P visa petitions were averaging 2 weeks or less. For the last year, our clients rarely had to pay the extra $1225 for premium processing. However, as most of you know all too well, the problem with anything “voluntary” is that you can’t force a volunteer to do anything. While the USCIS website continues to list an average timeframe of 14 days for regular processing of O and P visa petitions, the reality is that it is currently taking 30 days or longer. In some instances, VSC has taken over two weeks just to issue a receipt notice.

SOLUTION: Do not rely on the projected processing times listed on the USCIS website! File petitions as far in advance as possible or seriously consider premium processing any petition where the artist needs to arrive in less than 2 months from the date of filing.

2. RFEs Asking For What Seems Obvious.  

For example, orchestras have reported receiving RFEs on petitions filed for internationally known conductors (many of whom have been approved for prior O-1 visas) where USCIS asked for further evidence on how a conductor is critical or plays a lead role in an orchestra. USCIS has also been issuing RFEs asking for an explanation of why an Executive Director provides “essential support” to a group on tour or asking for a list of the duties of a Stage Manager or Lighting Designer.

SOLUTION: We have always recommended that, when it comes to preparing visa petitions, never assume that the USCIS examiner has any familiarity with the performing arts. This seems to be the case now more than ever. Always err on the side of over-explaining everything—What does a Concert Master do? Why is a specific award important? Covent Garden is an opera house, not a plant nursery. Etc. USCIS seems to be particularly focused on petitions for P-1S and O-2 support personal. As such, it is no longer sufficient simply to list the names and jobs of support personnel. Provide a brief biography for each person, along with a short, but specific explanation of their duties and experience working with the O-1 artist or P-1 group.

3. RFEs Asking For Employment Contracts For Support Personnel.

In yet a further attempt to thwart O-2 and P-1S petitions, USCIS has been issuing RFEs asking for evidence of who will be employing each support person. For example, if your petition includes engagement letters or contracts from presenters booking the O-1 artist or P-1 group, USCIS also wants to see the employment terms for each O-2 or P-1S support person.

SOLUTION: Provide either a statement from the O-1 artist or P-1 group explaining who will be paying the fees or salaries of each support person or provide a very basic deal memo or term sheet for each O-2 or P-1S support person outlining the fees they will be receiving and who will be paying them.

4. Unsigned Contracts

USCIS has recently been rejecting blank or unsigned contracts. USCIS wants either a signed engagement contract or written summary of the terms of an engagement.

SOLUTION: Do not send USCIS anything with a signature line on it which is not signed, especially contracts. If you have an unsigned contract, either get it signed or don’t send it. Instead, submit a copy of an email confirming the engagement terms, a written summary of the engagement terms, a letter to or from a venue confirming the engagement terms and signed by the sender, or a deal memo listing all the terms, but with no place for anyone to sign anything.

5. Truncated Classification Periods. 

In the past, USCIS has been willing to approve visa petitions to cover additional time before and after a performance to accommodate rehearsals, extra performances, and unanticipated activities. More recently, however, USCIS has been issuing approval notices only for the specific time reflected in the engagement contracts or confirmations. For example, if your petition asks for a classification period of March 1, 2014 through February 28, 2015, but the performance contracts only reflect performances between March 11, 2014 and February 20, 2015, USCIS is issuing the approval notice only for March 11, 2014 through February 20, 2015.

SOLUTION: Make sure that the contracts and written confirmations you supply in support of your classification period reflect the actual dates you need. For example, if the performance is on March 11, 2014, but the artist or group wants to enter on March 6, 2014, make sure that the contract or written confirmation reflects that the artist is required to enter the US on March 6, 2014.

While the bulk of this madness seems to be coming from the Vermont Service Center, there is every reason to believe that the California Service Center will not be far behind. Until this sorts itself out, file early, provide as much supporting documentation and details as you can, and continue to check www.artistsfromabroad.org as well as our own website for further updates.

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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 to a Grammy Nomination

Thursday, March 6th, 2014

By: Edna Landau

To ask a question, please write Ask Edna.

Gloria Cheng has always impressed me as someone with very high standards, impeccable taste, and an unerring sense of how to do something correctly. Add to those qualities brilliant artistry, keen intelligence, an inquisitive mind, and a soft-spoken endearing presence coupled with steely determination, and one begins to understand how this artist has won a Grammy (Best Instrumental Soloist Performance, 2009) and been nominated for another (Best Classical Instrumental Solo, 2013) without the benefit of a manager or being signed to a record label. Heartened by this realization, I asked Gloria if she would walk me through the process of creating her latest Grammy-nominated disc, The Edge of Light, from its conceptualization through its release. It is my hope that sharing what I learned will give encouragement to young musicians who would benefit from making recordings but who are still waiting for someone else to take the first step.

My first question to Gloria was why she chose to record music of Kaija Saariaho and Olivier Messiaen. She told me that when she was an orchestral substitute with the Los Angeles Philharmonic and appeared regularly on their Green Umbrella series, Ms. Saariaho was a frequent visitor, as works of hers were held in high regard and performed by the orchestra and its music director, Esa-Pekka Salonen. Gloria was intrigued by the composer and made a point of getting to know her and her music, in particular, her electronic music which she found bold and daring. She began to wonder how she might write for solo piano. A compelling example materialized in the form of a ballade, commissioned in 2005 by Emanuel Ax as part of his larger exploration of this musical form. This Ballade and Ms. Saariaho’s Prelude, written a year later, received their first recorded performances on Gloria’s disc. She is particularly honored that the composer chose to attend the recording sessions. Messiaen is a composer who has figured frequently in Gloria’s concert programs over the years. She saw a kinship in the thinking of these two composers and when she approached Ms. Saariaho to ask about it, she in fact confirmed that Messiaen had been one of her major inspirations. The idea of pairing these two composers now became a plan, with the eight Messiaen preludes (1929) joining the repertoire to be recorded. There was one small challenge still to overcome – the imbalance of 35 minutes of music by Messiaen and only a little over eleven minutes of Saariaho. Knowing that Messiaen had written a work for piano and string quartet (1991) and that Kaija Saariaho had written Je Sens un deuxième Coeur for piano, viola and cello, she invited her good friends and frequent collaborators, The Calder Quartet, to join her in recording these works.

Gloria has never been interested in producing and packaging her own albums. Her earlier recordings were produced and released by Telarc, which had largely wound down its classical recording activities. She knew of Robina Young, Vice President/Artistic Director and legendary producer of Harmonia Mundi USA, through a mutual friend who was happy to assist with an introduction. Although Gloria must have felt nervous walking into the meeting, she was put at ease when Ms. Young said that she had been following her recordings over the years. Gloria appears to have been beautifully prepared for the meeting. She came armed with all of the timings for the music to be recorded and was bolstered by having Kaija Saariaho’s blessing to record her works. She knew that she had a valid concept for the recording and that her most important role was “to speak of the project with love.” She also guessed correctly that the involvement of the excellent Calder Quartet would be a plus. Ms. Young agreed to the proposal, but with the proviso that Gloria would deliver a finished master to Harmonia Mundi, a condition that has become quite common in the recording world today. Gloria quickly proceeded to secure the services of the highly acclaimed recording engineer, Judith Sherman. An additional touch of class was lent to the album when Harmonia Mundi agreed to Gloria’s choice of Peter Sellars to write the liner notes. Her relationship with him also dated from her days as a performer with the Los Angeles Philharmonic, and as he had directed operas by both composers, she knew he was the perfect choice. It was actually Mr. Sellars who came up with the title of the album after Gloria told him that it seemed to her as if the music was transforming in some way from sound into color and light.

Gloria devised a budget for the entire album and it came to $15,000 (including hall rental, piano moving and tuning, guest artist fees and expenses, engineering and editing costs, and production of the master). She didn’t feel comfortable mounting a Kickstarter campaign and chose instead to tap into her network of friends and supporters who had come to her concerts over the years, or given donations to organizations with whom she appeared regularly. Knowing that tax deductions could be a significant incentive to donors, she arranged to have Piano Spheres (of whom she has been a performing member for 20 years) act as fiscal sponsor, with the understanding that they would receive a cut from the funds raised. Her next step was to approach dear friends to see if they would host a concert in support of her recording. They had just built a beautiful home and Gloria had helped them choose a Steinway piano. They immediately said yes. The cost of admission was set at $200. One guest contributed $5000. The Calder Quartet graciously agreed to participate and the concert was a complete success. All contributors received thank you notes and, subsequent to the record release, were sent signed cd’s. Following the concert, Gloria was only $1500 short of her financial goal. She secured a small grant from UCLA (where she is on the faculty) and contributed the remainder herself. Gloria was deeply touched by the generosity of her supporters, some of whom she didn’t know personally, and wrote an additional round of thank you notes when the recording was nominated for a Grammy.

I asked René Goiffon, president of Harmonia Mundi USA, about the elements of Gloria’s proposal that had been compelling to them and that had engendered the trust they felt in entering into a special arrangement with her. Apart from citing her wonderful artistry, he said: “Gloria is a good example of an artist who has her stuff together. She is very thorough and driven, and brought in the Calder Quartet (a hot property now), as well as Peter Sellars to write the liner notes. She was able to organize a fundraising party, hosted by an attorney with access to many people of means who are interested in the arts. The whole package was there and it was very well formed.”

My last question of Harmonia Mundi concerned the process by which Gloria’s recording of rather esoteric repertoire succeeded in attracting enough attention to capture a Grammy nomination. I suggested that maybe the label’s superlative reputation for top quality could have been a factor. While he didn’t deny that, both Mr. Goiffon and Robina Young commented that as a past Grammy Award winner, Gloria already had a boost in visibility among the voting members of The Recording Academy. It is standard procedure for a recording company to submit their recordings to the Academy for initial consideration. In addition, Harmonia Mundi makes the music available for streaming and features the release in their newsletter. It is then in the hands of the Academy’s voting members to determine the short list of nominations. That is where all of Gloria’s hard work during the course of her career to date paid off. Thankfully, it would appear that the votes are being cast by an increasingly knowledgeable and discerning group of advocates for top quality performances of a wide variety of repertoire, regardless of its general popularity. This bodes well for the future and should give hope to present and future recording artists that there is a level playing field, and that the results of their efforts stand an equitable chance of receiving this important form of industry recognition.

© Edna Landau 2014