Archive for May, 2015

Noted Endeavors with Joshua Roman – Be a Well-Rounded Artist!

Thursday, May 28th, 2015

Joshua Roman speaks with Eugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors about the importance of artists being well-rounded people.

Noted Endeavors“A cellist of extraordinary technical and musical gifts” (San Francisco Chronicle), Joshua has exhibited a wonderfully multifaceted career – cellist, composer, artistic director, entrepreneur, TED Fellow. He believes that musicians should follow in the footsteps of great artists such as Casals and Yo-Yo Ma, basing one’s art on well-rounded understanding of the world.

For more about Josh, visit:
http://joshuaroman.com

For more Noted Endeavors videos, go to:
http://notedendeavors.com

Understanding Legalese

Thursday, May 28th, 2015

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

Every time someone sends us a contract, its always a lengthy document with lots of legalese that no one understands. Is there anything wrong with having a simple, one page agreement that everyone can easily understand and will sign?

A lot of people mistake “legalese” for language and terms they either don’t understand or haven’t considered. They see words on a page and immediately assume they can’t possible understand them.

This is legalese:

The party of the first part, which party has previously and hereinafter shall continue to be referred to as the Presenting Party, in and for the mutual obligations, conveyances, and other considerations contained herein, the sufficiency of which are hereby acknowledged, does for itself and on behalf of its officers, directors, employees, agents, and assigns (hereinafter the “Presenting Parties”), which the Presenting Party does herein attest, warrant, and represent that it has the authority so to represent and bind under the terms of this agreement, does herein and hereby concur, agree, and consent to prohibit, prevent, proscribe and preclude, so the best of its reasonable ability, the degree and extent of such “reasonability” to be determined herein as the term “reasonable” is defined in this Agreement hereunder, the recording and/or memorialization through any and all visual and/or audio and/or audio-visual means and methodologies now existing or hereinafter discovered, invented, or devised, including, but not limited to photography, analog and digital sound recordings, videotaping, screen captures, and any other human or machine-readable medium, the performance of the party of the second part, which party has previously and hereinafter shall continue to be referred to as the Performing Party, including, but not limited to, the performance or any portion of the performance of the Performing Party, including, but not limited to, excerpts, samplings, moments, movements, scenes, rehearsals, outtakes, or other manifestations of the performance or any portion of the performance of the Performing Party, for any purposes of any kind or nature, including, but not limited to…well, you get the idea.   

 This is not:

The Presenter agrees to prevent any unauthorized broadcasting, photographing, recording, or any other transmission or reproduction of any performance(s) or residency activity of the Artist, or any part thereof, by any means or media now known or hereafter invented, including, but not limited to audio, visual, or audio-visual means, and including any “archival” recordings, unless the express prior written consent of the Artist has been obtained.

The difference is that the first example uses unnecessary verbiage, poor grammar, and confusing structure. The second example just has a lot of detail. Don’t confuse “legalese” with “detail.” Whereas you don’t want legalese, you do want detail. Why? Because the whole point of a written document memorializing the terms of an agreement (also known as a “written contract”) is to convey information—not just to have a piece of paper that everyone signs.

Too many people want contracts that are “simple” and “brief” so that the parties will sign them, but that’s pointless. Merely having a signed contract does not mean that an engagement won’t get canceled, that commissions will get paid, artists won’t leave, or that any number of nasty things won’t happen to you. Signed contracts are not self-enforcing. If a dispute arises that cannot otherwise be resolved, the only way to enforce the terms of a contract is with a lawsuit. Lawsuits, as you know, achieve nothing other than making trial lawyers ecstatically happy and wealthy. No one in the performing arts can afford that, either personally or professionally. You don’t want to wait until a dispute arises to find out that you and the other party had vastly different assumptions about what was and was not expected and allowed. Instead, you want to make sure that everyone understands all of the aspects of a project or engagement at the outset and, hopefully, can discuss and evaluate the risks, challenges, advantages, obligations, and expectations of the relationship before they agree to it. In other words, you use a contract to educate, not to enforce.

What determines the length of a contract is the complexity of the project or engagement itself. An agreement for a single artist to perform a single recital is going to be shorter than an agreement for an orchestra to perform a world tour. Similarly, an assignment or transfer of all rights is going to be less complex than a recording agreement or an agreement to re-orchestrate an existing work.

Our industry is blessed with amazingly creative and dynamic professionals who are second to none when it comes to creating imaginative collaborations and engaging performances. However, they become slightly less than stellar when it comes to understanding the business and legal arrangements necessary to effectuate these plans. It’s one thing to discuss dates, repertoire, scheduling, and fees. It’s quite another to consider all of the various details, challenges, and misunderstandings that might come into play: will music or other copyrighted materials need to be licensed? If so, whose responsibility is this? Can either party cancel? Under what circumstances? What if someone gets sick or there is a fire at the venue? Who bears the loss of expenses cannot be recovered? Who is responsible if an artist is injured? Who is responsible for someone in the audience gets hurt? Who is responsible if an artist or crew member damages property of the venue? Who is responsible if someone from the venue damages property of the artist or show? Will visas be required for any artist? Whose responsibility is this? Is the engagement fee to be paid in dollars, pound sterling, euros, or other currency? Which exchange rate will apply? Who is responsible for taxes? Are deposits non-refundable?

This is where a contract comes into play. Yes, it takes time to create and read all of this detail. However, a detailed contract can be filled with all sorts of interesting and mutually beneficial revelations. For example, when recently negotiating the terms of an engagement for one of our own artists, I presented our engagement contract to the presenter—which contains a clause, much like the one above, prohibiting any recordings, including archival recordings. The presenter wanted to make an archival recording and assumed, incorrectly, that these were always permitted. We were able to find a workable solution and adjusted the contract accordingly. We also discovered that while the presenter had not factored in meals and transportation into the budget, we had misunderstood when the presenter actually wanted the artist to arrive. We were able to adjust all of these issues, none of which would have been discovered had we not taken the time to think through all of the various details. In the end, it didn’t matter whether or not the contract was even signed because going through the process itself allowed the presenter and I to discuss all of the details. The contract served its purpose.

In short, a more detailed contract that makes people stop and say “wait, I didn’t agree to that” or “what exactly do you mean by this?” is far better than an artificially simplistic one that everyone signs now and then squabbles about later whilst lashing out such cherished and time-worn drivel as “but that’s industry standard” or “that’s the way its always done.”

_________________________________________________________________

For additional information and resources on this and otherGG_logo_for-facebook legal, project management, 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, management, 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!

 

 

Advice For The Young and Restless

Thursday, May 14th, 2015

By Robyn Guilliams     

GG Arts Law and GG International are in the process of hiring a new administrative assistant.  As I’ve been reviewing applications, I’m sad to say that I am shocked – shocked! – at the very poor quality of some of the cover letters and resumes we’ve received.

So, as a public service to all of you “young’uns” out there who are searching for a job in the performing arts field, or for those of you who already work in the arts and would like to move up the ladder as quickly as possible, I’d like to offer a bit of advice – some pitfalls to avoid – when submitting a cover letter and resume to a potential employer:

  • Spelling errors:  This is the most prevalent problem, and the one that is most easily remedied.  Do not rely on spell-check, people!  Proof-read your letter and resume, and then proof them again.  I realize we all make the occasional spelling mistake (my own emails are proof of this), but the documents you submit as your job application are the only criteria by which you are judged for a job, at least initially.  If you won’t take the time to proof-read your letter and resume, this tells me everything I need to know about what kind of employee you will be.  When I see these types of errors, the letter and resume immediately go into the recycling bin.
  • Writing Style:  The ability to write well is required for many jobs in our industry.  (And even if not, it’s a great skill to have!)  A number of the cover letters we’ve received, while not being grammatically incorrect, are very awkwardly written.  I highly recommend “The Elements of Style”, by William Strunk and E.B. White, to anyone wishing to improve his or her writing skills.  This book is a great resource for young professionals who want to learn to communicate more effectively through writing.
  • Irrelevant Job Experience:  Tailor your resume to the job for which you’re applying.  There is no reason to include work experience that is completely irrelevant.   For instance, don’t include in your “employment history” your job as a bag-boy at Piggly Wiggly when you were 14 years old.  I don’t care.  Don’t tell me about working as a ball-girl for your college softball team.  Seriously.  Nothing about that work experience is going to make me say, “This is the person we’ve been looking for!”
  • Try to keep your resume to one page.  Unless your professional career began at age eight, you probably don’t have enough relevant content to justify a longer resume.  Keep in mind – there’s no need to write a long narrative describing the responsibilities of each of your jobs.  Bullet points will do.  And, please, please, don’t use an 8-point font in an effort to cram everything on to one page.  I’m old, and I can’t read anything written in an 8-point font unless I hold the page an inch from my face.  I don’t like doing this.  It’s annoying, and it makes me feel old.
  • Don’t include the details of your entire professional life in your cover letter.  This is why you attach a resume.  Pick a few items from your resume that are directly relevant to the job for which you are applying, and include a detail or two about each experience.  Your cover letter should be no more than three paragraphs, and should be concise.  As I’m reviewing 150 letters and resumes, and I come across your two-page, ten-paragraph cover letter, I’ll want to stick a fork in my eye.  I already don’t like you.  (This really isn’t the reaction you’re looking for from your potential employer, is it??)
  • Avoid hyperbole in your cover letter.  Don’t tell me about your “extensive” experience in whatever.  If you are in your early twenties, it’s highly unlikely that you have extensive experience in anything.  (See above regarding the one-page resume.)  Along the same lines, don’t tell me about your “professionalism”, “strong work ethic” or “integrity”.  I see these descriptions so often that they’re virtually meaningless.  And don’t describe yourself as “an ideal fit” or “exceptionally qualified” (particularly when you are not at all qualified).  Your resume will speak for itself in this regard.
  • Don’t describe yourself as “detail-oriented” in your cover letter.  (This goes over especially badly when your letter is riddled with typos.)  When applying for a job, everyone describes themselves as detail-oriented.  Who the heck is going to say “I’m not so great with details”?  I can get an idea of your attention to detail from how carefully you’ve crafted your resume and cover letter, the types of jobs you’ve held in the past, and your responsibilities in those jobs.
  • In your cover letter, there’s no need to write about how “passionate” you are about the arts, how much you love going to the theater, or that Beethoven’s Eroica is your favorite musical work.  This is not your OkCupid profile.  Everyone goes into our field because we feel strongly about the arts, and we wouldn’t be happy working in any other field.  Your education, work history and other relevant experiences will show that you are committed to a career in the arts!

We’re excited about the prospect of bringing on someone new, although we’re sad that our current assistant, Ann, is leaving.  Take care, Ann – we’ll miss you!

_________________________________________________________________

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

 

 

Noted Endeavors with Linda Chesis – What does a presenter look for in artists?

Wednesday, May 13th, 2015

Noted EndeavorsAs Founder and Artistic Director of the Cooperstown Summer Music Festival, Linda Chesis is always on the lookout for artists to book for the festival. She talks with Eugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors about what she looks for when deciding which musicians to book.

For more about Cooperstown Summer Music Festival, go to:
http://cooperstownmusicfest.org

For more Noted Endeavors videos, go to:
http://notedendeavors.com

Berlin’s Dark Horse

Friday, May 1st, 2015

Vladimir Jurowski

By ANDREW POWELL
Republished: May 4, 2015

MUNICH — Word around town has it that Christian Thielemann holds the biggest committed block of votes heading into next Monday’s Berlin Philharmonic election. The rest, so the scuttlebutt goes, divide widely, in part reflecting the musicians’ open-nomination process.

That this Chefdirigent transition is much discussed up here in Bavaria comes as a surprise. The Berliners years ago lost their dominance among German orchestras, notably with the return to glory of the older Leipzig Gewandhaus and Dresden Staatskapelle, which since reunification in 1990 have been solidly funded by their Saxon Government and are now routinely televised under their conductors Riccardo Chailly and Thielemann.

But discussed it is, probably out of happy fascination that a body of 124 tenured musicians actually enjoys the freedom in this corporate-political world to determine its own artistic path. The process certainly beats officials deciding, or a clubby mixed committee. If voting on May 11 yields no “clear majority,” a shortlist will be drawn up and a second round held, at which time the less committed will shift. Naturally the winner has the option of declining the offer.

Another surprise, two weeks ago, was Mariss Jansons’ casual comment during the Bavarian Radio Symphony Orchestra’s season news conference to the effect that “we will see what happens” in Berlin. It had been assumed here that the 72-year-old was not a candidate, considering the health problems that led him to resign from Amsterdam’s Concertgebouw Orchestra. Apparently he is.

Thielemann would be the first German to hold the lofty post since Wilhelm Furtwängler died 61 years ago, no minor consideration in this resurgent and recently enlarged nation. He might be perfect for it. Imaginative and commanding, magnetic and familiar, he would bring skills in Schumann, Brahms, Bruckner and Strauss that are unquestioned.

More pertinently he appears the best-attached of any potential candidate to prospects for robust earned incomes for the players, what with the global viewership he pulls in Dresden and the rapture he engenders in such disparate places as Beijing and Baden-Baden, Abu Dhabi and Vienna.

But for several reasons the Thielemann candidacy could collapse. He sits pretty at present in the refurbished Saxon capital, tied majestically to Salzburg through leadership of the Herbert von Karajan-founded Easter Festival, and so he may push for too much from an interested Berlin, for instance by seeking lifetime tenure in emulation of Karajan. Rumored to be right-wing politically, and not shy, he may open his mouth in ways that portend headaches for Berlin’s politicians, city or federal: he already has, in fact, in guarded support of the anti-Islam Pegida movement, crossing Angela Merkel’s position.

Most ruinously, and quite realistically, the entrenchment of his voting support among the musicians may produce an equally stubborn, larger, anyone-but-Thielemann faction that would only need to agree on someone else.

The divided nature of the non-Thielemann vote points to the dilemma facing the Berliners should electing him prove impossible. Far from a glittering array of options, the promise is of awkward rounds of eliminations driven by commercial requisites, institutional pride and vital timeframes. These are clear enough to seem to leave just one candidate, a dark horse as the grapevine discussions presently go.

To state the obvious, the orchestra needs a renowned, enthusiastic, hugely talented money-maker. Someone it can successfully promote and who can reciprocate. Someone who can put in a decade or more on the job, history suggests. The choices thin out abruptly.

Age, health, or crested fame surely bars Daniel Barenboim, Herbert Blomstedt, Chailly, Charles Dutoit, Bernard Haitink, Marek Janowski, Jansons, James Levine, Zubin Mehta, Mikhail Pletnev, Stanislaw Skrowaczewski, Michael Tilson Thomas. What kind of signal about the future would such an appointment send? Sensibly, and maybe on advice, Barenboim has publicly withdrawn.

Conversely the Berlin organization takes itself too seriously to reach down to the unknown, as the Los Angeles Philharmonic once boldly did with Esa-Pekka Salonen, and in any case has no Ernest Fleischmann to guide and impose such an initiative. Even if it could, a number of superb young conductors have not yet proven themselves in the orchestra’s core repertory (and indeed Salonen never did): Lionel Bringuier, Constantinos Carydis, Eivind Gullberg Jensen, Tomáš Hanus, Michele Mariotti, Diego Matheuz, Vasily Petrenko, Krzysztof Urbański.

No, the Berlin Philharmonic is restricted to what should be a plentiful middle field: men and women mainly in their 40s and 50s. The talent is there, as always, but the “names” are few thanks to a generational blip in the star system.

Reputations used to be sealed by the record industry, where imagery, repertory assignments and regimentation by label created and conferred prestige — not least on the future Berlin Chefdirigents Karajan, Claudio Abbado and Simon Rattle (all using English orchestras).

But when the industry imploded after 1990, so did this system. And two exceptions to the implosion do nothing for Berlin’s musician-voters today: in the Russian repertory, where pent-up demand for Western-controlled recorded surveys (suddenly enabled under the coincident Yeltsin regime) catapulted the name Valery Gergiev; and in the ongoing period-instrument movement, elevating William Christie, John Eliot Gardiner, Marc Minkowski and lesser talents.

The result is a dearth of famous conductors in precisely the age group Berlin must select from now. Stéphane Denève? Thomas Hengelbrock? Manfred Honeck? Known and most worthy, but not today the stars they would have become had the labels continued with their earlier promotional practices.

The names that can be shortlisted soon dwindle upon mundane consideration. Gustavo Dudamel, Gergiev, Riccardo Muti and Yannick Nézet-Séguin are contracted elsewhere until at least 2020. A Briton to follow a Briton would not sit well politically, nixing Ivor Bolton, Gardiner, Daniel Harding and Antonio Pappano. Limited appeal in Germany precludes Myung-Whun Chung, while Simone Young has rather overstayed in Hamburg. Nor can the musician-voters take someone who has stormed out: Fabio Luisi or Franz Welser-Möst.

Electing a conductor who is just getting started in another job, or on a sure separate trajectory, would cast the Berliners as unimaginative poachers, ruling out Iván Fischer, Philippe Jordan, Andris Nelsons, Kirill Petrenko and Tugan Sokhiev. And despite the admirable broadening of the orchestra’s operational scope under Rattle, it would never work to bring in a specialist: Giovanni Antonini, Christie, Emmanuelle Haïm, Minkowski.

Tough and vague, but key, is the matter of charisma. Rattle has little of it, and this fact has gnawed away below the patina of the Berlin brand, a mistake not to repeat. Star quality — promotability — is not the first strength of several theoretical contenders for this grand post: Marin Alsop, Semyon Bychkov, James Conlon, Andrew Davis, Ádám Fischer, Alan Gilbert, Louis Langrée, Ludovic Morlot or David Robertson.

Deduction, then, leaves one feasible conductor of renown. He’s thought of as Russian but in fact is Russian-German, having come to this country as a teenager. His name does not immediately come up in the context of this transition because he is little associated with the Berlin Philharmonic: he has led just a few concerts with the orchestra — his last program, in 2011, featured the rare Das klagende Lied — perhaps a cleverly planned fact that will allow non-Thielemann consensus, there being no “damage.” The players know him further, however, through other engagements in Berlin, where he happens to live, and no doubt through personal interactions. This season he conducts the Rundfunk-Sinfonie-Orchester, the Konzerthaus-Orchester, and at the Komische Oper.

He may well be a friend of Rattle’s. The two have Glyndebourne Festival Opera in common and serve as principal artists of London’s period-instrument Orchestra of the Age of Enlightenment. If he is Rattle’s own idea of the right successor, the incumbent is assuredly now gauging and conveying the interests on both sides.

Tactful and politically astute, he maintains ties to two Moscow orchestras yet manages to stay out of the fray over Vladimir Putin, and after years as music director of Glyndebourne he made a public point of praising the festival as a place to work. Diplomacy goes far in a capital city.

His repertory is cosmopolitan, even if weighted toward Russian and German music. He is not celebrated for Haydn or Mozart but does embrace period-instrument practices. At the same time, he remains intellectually curious, venturing Schnittke’s Third Symphony for example this season. Critics are generally positive, especially in London, where his Brahms made waves two seasons ago for its traditionalism, but also in New York (Hänsel und Gretel and Die Frau ohne Schatten at the Metropolitan Opera) and Philadelphia, where he regularly guests.

Interestingly his present contract as principal conductor and artistic advisor of the London Philharmonic ends at the same time as Rattle’s in Berlin. Where will he be May 11? At home, probably. He conducts the Komische Oper’s Moses und Aron the night before. So a prediction: if naysayers thwart Thielemann in the vote, or his own hubris does, the next Chefdirigent of the Berlin Philharmonic will be Vladimir Jurowski.

Photo (modified) © Sheila Rock

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