Archive for April 3rd, 2014

Does Background Music Require A Dramatic License?

Thursday, April 3rd, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

I have written a one-man show. Do I need to get a dramatic license for background music?

Just to make sure we’re all on the same page, let’s review:

In order for music to be “performed” (either live or via a recording) in a public place, there needs to be a “performance license.” Most often, these licenses are obtained from one of the performance rights organizations (ASACP, BMI or SESAC) and, most often, they are obtained by the theater, concert hall, or venue where the performance is taking place.

In order to perform music “dramatically”—that is, to use a composition as an integral part of a story or plot, or to interpret the composition dramatically, such as through the use of movement, costumes, and props—you must obtain a “dramatic license.” Most often, these licenses are obtained by the composer or producer of the dramatic work.

In short, you will always need a performance license to “perform” music. Whether or not you also need to obtain a “dramatic license” depends on the context of how you are using the composition. These contextual distinctions can be articulated as follows: if you plan to stand and perform, you only need a performance license. If, on the other hand, your performance involves sets and costumes and you will be performing the composition to help tell a story, develop a character, or interpret the composition, you will need both a dramatic license as well as a performance license.

In your case, your answer depends on what you mean by “background music.” If the music is being used purely to create a mood or theme and could easily be replaced with other music with a similar mood or theme (ie: “insert disco music here” or “play something peppy here”), then you only need a performance license. If, on the other hand, your show requires a specific work to be performed in the background at a specific time to help you dramatically convey a specific emotion or event in your narrative (ie: “Somewhere Over The Rainbow” plays in the background while you tell the story of the tornado that dropped a house on your sister), and the thought of replacing that work with anything else renders you heartsick and artistically impotent, then you need a dramatic license.

If you plan on re-recording the works (or recording your own performance), changing the orchestrations, or otherwise making any significant changes or adaptations other than those written by the composer, other licenses may be required as well. As a general rule of thumb, when using any creative material you did not create yourself, its always safest to ask first and use later.

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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.

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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!

Playing by Heart

Thursday, April 3rd, 2014

By: Edna Landau

To ask a question, please write Ask Edna.

Early one morning, a few weeks ago, I was listening to radio station WQXR, when I heard the following:  “All of the artists you hear on WQXR play with heart, but not all of them play by heart.” It was the intro to an announcement of the Chiara String Quartet’s upcoming performance in WQXR’s Jerome L. Greene Performance Space. The announcement really caught my attention. What was this all about? I have always thought of the Chiara as one of the most prominent and innovative quartets of their generation. Was this a gimmick to differentiate them from the pack?

Unable to attend the Quartet’s live performance, I made sure to view it via the link on WQXR’s home page. The audience was clearly energized by the excitement flowing from the group and responded with hearty and prolonged applause to their performances of works by Ravel and Brahms. During the interview portion, I learned how the Chiara arrived at the decision to perform most of their concerts and record their newest Brahms CD by memory. It resulted in large measure from an eight year process of recording the complete Brahms quartets, only to conclude that the product didn’t meet their own standards. In a quest to go deeper into the music and internalize what the composer wrote on the page, they invested the time in memorizing the music (individual parts and the totality) and began to rehearse by memory. Their new Brahms recording on the Azica label, which also includes the String Quintet No. 2 with violist Roger Tapping, is called “Brahms by Heart”.

The Chiara Quartet is not unique in playing by memory. The Kolisch Quartet, an early 20th century European ensemble, were renowned for playing by heart. Other quartets who have performed at times by memory include the Zehetmair Quartett , the Parker Quartet and the Ariel Quartet. However, the Chiara’s commitment to this idea seems considerably more far-reaching. I spoke to two members of the group: violinist Rebecca Fischer and violist Jonah Sirota. Still a bit skeptical about what WQXR referred to on their website as “a feat” and “scaling a very different artistic Everest”, I wanted to ask them directly about the motivation behind making a commitment that undoubtedly requires many extra hours of learning on their part. In calling their latest album “Brahms by Heart”, I couldn’t help but feel that they were playing on the novelty of this approach. They told me that the title had additional meaning for them because they feel it reflects the closeness they feel to the music as a result of having committed it to memory. I asked whether presenters were marketing them on the basis of this aspect of their performances and they said no. I also asked whether the number of works they have been performing  by memory (including Ravel, four Bartok quartets, Haydn Opus 20 #2, Schubert’s “Death and the Maiden”, and the complete Brahms) were an indication that all future performances would be by memory. I was especially curious about new music, in light of their Grammy nominated recording (2011) of Jefferson Friedman’s String Quartet #3. They confirmed that their intention is to offer some new works by memory but explained that there is a tendency for newly commissioned works to be finished very close to deadline, which can create a challenge with regard to memorization. In addition, the decision to commit a new work to memory might be influenced by the number of opportunities to perform the work. Jonah and Rebecca told me that they will limit the amount of repertoire they offer by heart and that all four players must feel equally comfortable in all instances. At present, they seem almost euphoric about the sense of release and freedom that they feel when they are no longer tied to a printed page. They spoke of the galvanizing effect it has had on them, changing both their dynamic and their sound. They have also been gratified by the enthusiastic response from audiences who welcome the absence of music stands, which they view as a barrier between them and the musicians.

I am not in a position to comment on the before and after of the Chiara’s transformation. I have never been privileged to hear them live in concert and much of what is currently on YouTube is performed by memory. In these video clips, as well as in the broadcast from the Greene Space, the group plays with infectious ebullience, technical assurance, stylistic cohesion and a rich sound that emanate from a warm and confident dynamic between the players.  Recognizing that they have been Blodgett Artists-in-Residence at Harvard University over the past six years, I decided to contact a professor in Harvard’s Music Department, Anne Shreffler, who was happy to speak to me. She is very impressed with the artistic growth of the Quartet during their tenure at Harvard, independent of their new initiative to memorize their concert repertoire. However, she does believe that this new approach has enhanced their sound, their blend, and their artistic collaboration.

It is very common today for students at music schools and conservatories to be strongly encouraged to focus on their “vision statement” and “branding”.  I personally do not embrace that exact approach because I find it vague and overly corporate.  However, with such a crowded field of extraordinarily talented musicians and less opportunities for securing management and performance slots on established concert series, I do encourage young artists to try to identify their strongest skills and attributes, as well as their greatest passions, in hopes that this process will help to define them and allow them to build a profile that presenters, managers and the media might find compelling. At the same time, I always try to emphasize to them that this self-reflection process can only be productive if the level of their performances is as high as it can be. Recognition that is not rooted in significant musical accomplishment will not prove to be lasting. I commend the Chiara Quartet for identifying an approach that has elevated their performance level and brought audiences an extra measure of involvement and appreciation. I am not convinced that other ensembles are prevented from performing  with the same freedom and meaningful communication by having their music stands in front of them but I am convinced that the Chiara did not embark on this journey as a marketing ploy. While audiences may grow to speak about them as “the quartet who perform by heart”, thus helping them stand out among many gifted colleagues, I know they understand that it will always be the quality of their playing that truly defines them and that will be central to their ongoing success.

To ask a question, please write Ask Edna.

© Edna Landau 2014