Archive for September 11th, 2014

Musikfest Berlin takes German Focus

Thursday, September 11th, 2014

Daniel Barenboim / Gustavo Dudamel / Berliner StaatskapelleBy Rebecca Schmid

The annual 20th-century music festival Musikfest Berlin (Sept.2-22) this year undertook the ambitious agenda of exploring the evolution of the orchestra from Brahms and Strauss to Lachenmann and Widmann. Intriguing programs have emerged at the Philharmonie, with a roster of guest ensembles ranging from the Munich Philharmonic to the Cleveland Orchestra alongside local institutions. But the event’s Germanic focus eschews a plurality in modern music that is impossible to ignore.

References to the German capital’s central role in history abound in program notes—“Music belongs without a doubt to a particular Berlin tradition,” writes Culture Minister Monika Grütters in an opening greeting, and we are told that Felix Mendelssohn was still a “genuine Berliner” when he wrote his Trumpet Overture, op.101. But the attempt to tie contemporary composers inextricably to a monumental classical-romantic tradition ignores irreversible cultural-historical shifts of the 20th century.

Although the programming explores the toppling and reconstruction of orchestral form, we are left with a sense that everything somehow circles back to Bach and Brahms. A concert of the Radio Symphony Orchestra Berlin under Vladmir Jurowski segued nicely from a focused, authentic performance of Mendelssohn’s Trumpet Overture into Magnus Lindberg’s Chorale, an eerie setting of J.S. Bach’s of Es ist genug, with monumental brass that fight in vain to break through the sea of strings.

Schönberg’s masterfully orchestrated but pompous setting of Bach’s Prelude and Fugue for Organ in E-major provided tonal respite from the Chorale’s dissonant uncertainty and spiritual ambiguity before Schnittke’s Third Symphony deconstructed western tradition even further with distorted, at time cheeky references to Wagner, Strauss, Mozart and more.

When a cembalo attempts to have its word with a a Bach keyboard prelude in the inner Allegro, only to lose out to a sardonic waltz bass line on the harps, and then an organ cluster that crashes from above, the message is clear. Schnittke moves at will in and out of modernism and post-modernism, searing dissonance and tonal clarity, with minimalist textures that cede to a post-Romantic lament in the final Adagio before the music ends in an irresolute nether. Jurowski presided over the 111-strong ensemble with sinuous gestures and unforced precision.

A program of Reger, Strauss and Lachenmann with the Bamberger Symphony followed similar dramaturgical contours, emphasizing the line from Reger’s war-traumatized, at time proto-serial dissonances, to Strauss’ forward-looking harmonies, to Lachenmann’s reinvention of timbre and structure. “As radical as the music after 1945 may seem, a reference to the classical-modern tradition usually established itself,” we are told.

Lachenmann’s Ausklang, which ended the program, adheres to the binary opposition of piano and orchestra that defines a concerto, building itself around the soloist’s attempt to break through with a single tone. There is even a second piano onstage, where the player is armed with a hammer to respond to the protagonist’s insistent gestures. After the orchestra is reduced to ghostly, hollow sounds—an example of Lachenmann’s ability to turn timbre literally inside-out—a string melody breaks through, and sounds ricochet throughout all sections of the orchestra in a kind of da capo reference to the work’s opening. In the end, the soloist wins with two major, triadic chords.

The pianist Pierre-Laurent Aimard, a seasoned performer of this work, gave a tour-de-force in fierce virtuosity and playful dramaticism, while the orchestra realized the range of extended techniques with admirable control under Jonathan Nott. The program opened with a polished account of Reger’s Fantasy and Fugue for Organ in d-minor, as performed by Christian Schmitt. The shades Bach and Brahms, thwarted by shattering dissonances, provided an interesting bridge into the dreamy but devastated world of Strauss’ Four Last Songs in an enchanting if underpowered performance by soprano Genia Kühmeier, who jumped in for Christine Schäfer.

The Munich Philharmonic, despite the recent loss of its Music Director Lorin Maazel, made a fine ambassador for its long Strauss tradition with a program of two of his best-known tone poems, Don Juan and Ein Heldenleben, and the Horn Concerto No.2. If the Staatskapelle Dresden owns this music with a round glow and sensuous line, the Munich players bring a staggering level of detail and exactitude to the inner voices.

Semyon Bychkov presided with a clear, sophisticated baton technique that was balanced by calm and restraint. Soloist Jörg Brückner brought masterful articulation and breath control to the Horn Concerto, particularly in the lively final Rondo. What a shame that the hall was half-empty.

That was not the case for the opening concert of Brahms’ First and Second Piano Concertos with Daniel Barenboim as soloist alongside the Staatskapelle Berlin, which performed not under his direction but that of guest conductor Gustavo Dudamel. The audience went wild despite the musicians’ awkward coordination and Barenboim’s under-rehearsed performance.

Dudamel beat his baton mechanically and attempted to keep the orchestra together with the the pianist’s willful, elastic phrasing, which included its fair share of smudges. Both soloist and orchestra achieved a melting pianissimo in the inner Andante of the Second Concerto, and Barenboim’s tireless trills and sensitive dynamic shading nearly compensated for the lack of precision elsewhere, but Dudamel’s tense presence belied the imbalance of the situation.

The evening, meanwhile, only underscored the contradiction of centering a 20th-century music festival around the temple of German music. Even if one ascribes to Schönberg’s theory that Brahms was a “great progressive,” one must still account for Dvořák, Lalo, Sibelius, Stravinsky. . .particularly in a city that claims to have rebuilt itself as a cosmopolitan capital for the arts.

The Recipe For Confusion

Thursday, September 11th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

We obtained a three year O-1 visa for one of our artists. We are the artist’s agent and served as his petitioner. A large venue wants to book the artist, but they are insisting that, according to their finance department, they cannot pay us as the artist’s agent and that they must pay the artist directly as an employee of the venue. While we are willing to agree to this, the venue is also insisting that, because they must pay the artist directly, we either must file an amended petition specifically naming the venue as an employer or file a separate petition just for the venue.

Whether its dealing with visas, taxes, or employment issues, we here at GG Arts Law often find ourselves in loggerheads with CFOs, finance departments, HR directors, and others, especially at large venues and organizations, who seem to use the same recipe when developing policies and directives: Take one very broad workshop which they attended several years ago and is now outdated, add an opinion from a board or volunteer attorney who doesn’t actually specialize in the topic at issue, stir in some research done by an intern, mix well with incorrect anecdotes from peers and colleagues, add a dash of ego, bake well, and insist this is the law.

In your particular situation, the venue appears to be confusing several key concepts: (1) the nature of itinerary based visas for artists; (2) the ability to add additional engagements when an artist is on an itinerary based visa; and (3) the relationship (or lack thereof) between employment law and immigration law.

Itinerary Based Visas:

Most immigration scenarios contemplate a single employer submitting a petition on behalf of a non-US individual whom they wish to hire. In those instances, the employer submits an I-129 petition to USCIS and, once approved, the name of the employer will appear on the I-797 approval notice authorizing the individual to work for the employer. If the individual wants to work for more than one employer, then each employer needs to submit its own I-129 petition.

However, there is an exception for artists: The applicable immigration regulations recognize that O-1 artists of “extraordinary ability” typically come to the US to perform “on tour” and, thus, will have multiple employers who hire them to perform. In such cases, a single petition may be filed with USCIS covering all of the artist’s engagements with multiple employers in the US. These are known as “itinerary-based” O-1 visas because, as opposed to covering a single performance, the petition includes an “itinerary” of performances and engagements with multiple employers.

So, for example, let’s say that an opera singer is hired to perform at the Metropolitan Opera, San Francisco Opera, and Seattle Opera. While each venue could certainly file its own, separate I-129 petition, the Metropolitan Opera could be designated as the singers “agent” and submit a single petition on which it also lists the singer’s engagements at San Francisco Opera and Seattle Opera. As the petitioner, only the Metropolitan Opera’s name would appear on the I-797 approval notice. However, because all three venues were listed on the singer’s “itinerary” the singer would be authorized to perform for all three. Alternatively, if the singer had an actual US agent or manager, the singer’s agent could serve as the petitioner and serve as the petitioner and submit a single I-129 petition to cover all three engagements. Again, as the petitioner, only the agent’s name would appear on the I-797 approval notice. However, because all three venues were listed on the singer’s “itinerary”, the artist would be authorized to perform for all three.

Adding Additional Engagements:

Continuing with this example, let’s suppose that after the singer arrived in the US, the singer was contacted by Washington Opera and asked to replace another singer who fell into the orchestra pit and can no longer perform the role. This last minute engagement would take place between the singer’s engagement with San Francisco Opera and Seattle Opera. Does Washington Opera have to file its own separate I-129 petition? No. Does the petitioner of the singer’s original I-129 petition have to file an amended petition “adding” this new engagement? No. Provided that additional engagements occur within an artist’s approved or existing O-1 classification period, and provided that the engagements or services are consistent with the artist’s O-1 qualifications (ie: performing, teaching, master classes, residencies, etc.), the artist is legally permitted to add and perform such additional engagements without the necessity of anyone filing an amended petition or otherwise notifying USCIS of the additional employers. The triggering factor is whether or not an artist was on an itinerary based visa with multiple employers to begin with. (By contrast, if an artist wants to add an engagement or performance that would take place after the period of the artist’s approved or existing O-1 classification period, that would require a new or amended O-1 petition to be filed.)

The Immigration Implications of the Employment Relationship:

Many people see the word “employer” used throughout US Immigration Law and its applicable regulations and presume that it has the same connotations as when used in the context of a traditional “employer-employee” relationship. It does not—particularly in the context of O and P artist visas. US Immigration Law uses the term “employer”, at least in the context of O and P artist visas, to refer to anyone who hires or engages the services of an artist in any capacity regardless of how the employment relationship is structured. A petitioner is neither presumed nor required to be the artist’s actual employer under any circumstances. Moreover, it doesn’t matter who pays whom or whether the artist is paid as an independent contractor or an employee, or even whether the artist is paid at all. This is because US immigration law does not use payment, or lack thereof, as a determinative factor in whether or not an artist requires an O or P visa. If an artist performs in front of an audience or otherwise provides professional artistic services in the US, such artist is required to have either an O or P visa regardless of whether or not the artist is paid, tickets are sold, or the artist receives any compensation from any source directly or indirectly. Thus, while the petitioner of an itinerary based I-129 O-1 petition can also serve in the dual role of one the artist’s employers, there is no requirement under any aspect of applicable immigration law that the petitioner actually serve as one of the artist’s employers, much less that all employment and payments go through the petitioner, or anyone else for that matter.

In short, so long as the artist is on a valid, itinerary-based O-1 visa, anyone can hire and pay the artist, directly or indirectly. Who pays the artist and how are all contractual issues to be negotiated between the parties and not immigration issues.

__________________________________________________________________

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.

__________________________________________________________________

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!