Archive for June 12th, 2014

Bravo to the Bavarians

Thursday, June 12th, 2014

By Sedgwick Clark

I have a soft spot for the Bavarian Radio Symphony Orchestra of Munich. It played the first concert I ever heard in Carnegie Hall, on October 17, 1968. Rafael Kubelik conducted the BRSO in the first performance I ever heard of Janáček’s Sinfonietta and Bruckner’s Fourth Symphony. The next evening he conducted Weber’s Overture from Die Freischütz, Hindemith’s Symphonic Metamorphosis of Themes by Carl Maria von Weber, and the first Mahler symphony I ever heard live, the First. Unforgettable.

So was Berlioz’s Symphonie fantastique under the Bavarians’ then-Music Director Colin Davis on April 28, 1986. So sonorously rich was the orchestra’s tone—especially the lower strings—that one could have mistaken Avery Fisher for Carnegie Hall.

Few works bring out an ensemble’s (and conductor’s) mettle more effectively than the Fantastique, as Mariss Jansons proved once again on May 16 on the BRSO’s latest New York appearance at Carnegie. The stupendous sweep and instrumental virtuosity of the performance caused me to miss the first- and fourth-movement repeats and the cornet that Berlioz added later in the second movement (A Ball) more than I ever recall. The extraordinary character and assurance of the winds and brass make it unfair to single anyone out, but I’ll be unfair and note the incredible dexterity of bassoonist Eberhard Marschall. The crucial drums at the end of the third movement (In the Meadows), ingeniously placed left and right offstage, perfectly evoked distant thunder, and the ferocity of the onstage timpani in the March to the Scaffold was hair-raising. Jansons didn’t roar through the last-movement’s Witch’s Sabbath and levitate at the end like Bernard Haitink (yes, Haitink!) with the Concertgebouw at Carnegie on October 8, 1982—my most memorable live Fantastique everbut the creepy instrumental detail unearthed by his steadier tempo was no less effectively goose pimply.

Ligeti’s eerie Atmosphères on May 18 produced all the necessary shivers, especially the jolting fortissimo double bass entrance about halfway through, and Jansons’ revelatory accompaniment in support of Gil Shaham’s spellbinding performance of Berg’s Violin Concerto was masterful.

Susanna Mälkki’s Schoenberg

Friends are surprised when I say that I don’t like Schoenberg’s First Chamber Symphony, Op. 9. It’s an early work, not yet expressionist or 12-tone, and it has recognizable tunes. But although scored for only 15 instruments, it has always seemed so damned clotted in texture, ugly and unwieldy. Until, that is, I heard Susanna Mälkki conduct a performance with the Ensemble ACJW at Zankel Hall on May 10. She’s another of these very talented Finns, a cellist turned conductor who was music director of the Ensemble Intercontemporain from 2006-13, and now she is making the rounds of the big orchestras and opera houses.

But back to the Schoenberg, her performance of the First Chamber Symphony glistened with transparency—open, welcoming, and friendly for the first time in my experience. And, mind you, I’ve heard at least two Boulez performances in concert and his two recordings. She also conducted a raunchy, jazzy, witty performance of John Adams’s Chamber Symphony, one of his most enjoyable pieces.

Keep your eyes out for her—she will be at your orchestra soon.

MPhil Vacuum: Maazel Out

Thursday, June 12th, 2014

Lorin Maazel

By ANDREW POWELL
Published: June 12, 2014

MUNICH — Lorin Maazel, 84, has quit the post of Chefdirigent of the Munich Philharmonic, according to a statement this morning by this city’s Kulturreferat, the government entity responsible for the orchestra. Reasons of health were cited. The news follows several weeks of concert cancellations by the American maestro, who is at present in Virginia. No plans were immediately revealed for the many affected conducting slots in the remainder of what was an agreed three-year tenure through August 2015.

The abandonment leaves MPhil authorities with more egg on their faces. Their rift with Christian Thielemann, causing the revered German conductor’s departure as Generalmusikdirektor in 2011, remains a matter of dismay and irritation for many in this community, and their controversial hire of Valery Gergiev as Maazel’s successor for five seasons, to 2020, has already brought embarrassment. Maazel’s interregnum, as he himself saw it, was supposed to be something of a safe bet.

Photo © Wild und Leise

Related posts:
Maazel: ’Twas Always Thus
Flitting Thru Prokofiev
Gergiev Undissuaded
Jansons! Petrenko! Gergiev!
Gergiev, Munich’s Mistake

The Lost Art of Negotiation

Thursday, June 12th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

A longtime friend who is also a very successful artist who I greatly respect, asked me to do a project with him. He sent me a contract, but it doesn’t cover things like when and how I get paid. I want to mark up the contract and suggest some language, but I also don’t want to offend him and have him think I am being too difficult to work with and ungrateful for this opportunity. Is there some specific language I can put in the contract that he won’t find offensive, but will still protect me?   

I had a client of mine call me today about a contract she had sent to a promoter who then struck out a specific term that my client needed and sent the contract back to her. Frustrated and desperate to make the deal happen, she wanted me to suggest another way to phrase the term in such a way that the promoter would agree to it. Both you and my client are asking very legitimate questions, but the answers have little to do with contracts and everything to do with business and negotiation skills.

Contracts exist to memorialize an agreement. You can’t memorialize something that doesn’t exist yet. That’s like trying to take a photograph of a place you’ve never been. Before a contract can be properly drafted, much less signed, the parties have to discuss all of the key terms. While you can certainly use a contract to begin the discussion, you can’t avoid the discussion by simply crossing out terms you don’t like and inserting the ones you do. More importantly, there are no magic words, standard terms, or compelling phrases that will take the place of the need to discuss and negotiate.

Too many people in our industry try to use a contract to avoid negotiation—most often for the very reasons you mention: they are too scared of offending the other party, of not getting the terms they need, or of losing a deal or opportunity they really want. However, if you approach a negotiation as a game of deception in which the goal is to use illusive or even deceptively simplistic language or aggressive tactics to cajole the other party into agreeing to something unreasonable or something to your advantage which they would not otherwise agree to (ie: Lawyering 101), then you most certainly should expect the other side to be offended and deserve to lose the deal. On the other hand, if the other party is offended by a legitimate expression of your concerns, sincere questions about a specific term, or proposals that would clarify something you find confusing, then its probably either a deal you don’t want in the first place or a party you don’t want to work with. Just as importantly, if someone doesn’t agree with a term you want, they are not going to agree no matter how you phrase it. Phrasing the same thing in a different way isn’t going to help either. Even if you manage to word it in such a way that they can’t tell what they are agreeing to (what a lot of people refer to as “legalese”), then you’ll have to sue them to enforce it. Instead, you’ll either need to negotiate a compromise or evaluate whether or not the deal is equally advantageous to you without that term.

I have been to many purported lectures on negotiation at arts conferences, only to find that the lecture was really just about how to get presenters to book artists. That’s important, of course, but the real art of negotiation involves far more than discussing date, time and fee. Whether it is a commission, a booking, a production, or a recording, you must discuss and negotiate not just the artistic and logistical elements, but all of those nasty and boring business elements as well—such as liability, insurance, rights, licenses, approvals, exclusivity, taxes, visas, etc. If you are unfamiliar with the necessary business elements of a deal, the time to learn them is before you negotiate, not during the process.

A negotiation does not mean you will get what you want. Rather, a negotiation is a process that allows you to evaluate whether or not you will get what you need. Some opportunities are just that—opportunities—and a good opportunity may require you to accept some risk. But without taking the time to talk and discuss, you won’t have the information you need to access that risk properly. In other words, the negotiation process will save you from disappointment and frustration later on.

As for an answer to your specific question, I would say: Protect you from what? If your “longtime friend who is also a very successful artist who [you] greatly respect” breaches your contract, are you prepared to sue him? I thought not. I suggest you call your friend and ask him when and how you get paid. Don’t ever be scared to ask a legitimate question—especially when dealing with a friend. In the bi-polar cocktail of simultaneous love and resentment we call the arts world, doing business with friends demands an even higher degree of mindful discussion than doing business with strangers.

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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 and/or posthumously.

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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!