Archive for November, 2016

Flitting Thru Prokofiev

Wednesday, November 30th, 2016

Valery Gergiev in Munich in November 2016

By ANDREW POWELL
Published: November 30, 2016

MUNICH — As fluent as Valery Gergiev is in Prokofiev, he had precious little to say with a cycle of the symphonies here this month. Fluency meant wise tempos, a feel for the boldness in the scores’ structures, a facility in cuing the two orchestras on duty. It also, in effect, prodded those orchestras — the Munich Philharmonic and the Mariinsky Orchestra — into articulating with dependable precision in the strings, providing expressive, at times miraculous, wind solos, and mustering energy for the colors, contrasts, metrical effects, patent ironies and elevated humor that define this repertory. But in at least five of the symphonies the man waving the toothpick showed no personal engagement with the material at hand, conveyed no sense of exploration or chance or daring. He never pursued an idea to its extreme, stressed unduly some dynamic detail or the possibilities of some internal balance or rhetorical figure, never exploited tonal beauty (or ugliness) for its own sake, or shed any degree of unconventional light on any section of these now familiar pieces. None of that. He played signalman rather than share anything of himself. If the music spoke at all, it was courtesy of the imagination of individual players or in the power of collective discipline, Munich’s or St Petersburg’s.

Gergiev’s detachment, and a bizarre kind of genius, allows him to flit undrained from one artistic commitment to the next. In this case he moved through much of Prokofiev’s canon on a single day (Nov. 13*). Symphonies Nos. 3 and 5, 2 and 7, 4 (long version) and 6, anchored concerts at 11 a.m., 2 p.m. and 5 p.m., the afternoon programs being played by the visiting orchestra, with violin concertos of Mozart separating each pairing. The two-movement Second Symphony (1924) came off best, its barely inhibited caustic din traced plainly so that the Variations outflanked the preceding Allegro ben articolato, in sonata form, as the experimenting composer perhaps wished. The Third (1928) and Fifth (1944) were a bit much before lunch. Even so, the Third, drawn from Ognenny angel, sounded pallid with last season’s methodical and heated account under Vladimir Jurowski still in memory. (Jurowski conducted the opera here the same month, to bold effect.) The MPhil played incisively in the Fifth, but countless particulars of the popular score’s middle movements passed blandly by. After a jolly traversal of the Seventh (1952) came the five-intermission day’s one unalloyed pleasure: a slow Prélude à l’après-midi d’un faune (1894), as encore, gingerly sculpted by a for once scoreless Gergiev and divinely played by the Mariinsky’s uncredited flutist. As opener to the last concert, the Fourth Symphony (1947) saw the conductor mostly hands-off, but its jerky bombast registered persuasively and superb woodwind ensemble enhanced the Andante tranquillo movement. Gergiev provided utilitarian accompaniment in the concertos: No. 1 in B-flat (1773) gaining from the fresh, stylishly poised thoughts of Vilde Frang; No. 4 in D Major (1775) conventionally but tidily contoured by Yu-Chien Tseng; and No. 3 in G (same year) subjected to Alexandra Conunova’s expressive spinning. This last soloist, although a mismatch in Mozart, held the audience in a trance with her fine dynamic control and determined focus on the musical line. Symphony No. 6 (1945) followed Conunova; we had to leave. If the day offered fewer rewards than last year’s corresponding marathon, climax of the MPhil 360° festival, it was better attended, at 70% of capacity, after a marketing push, and the animated Gasteig lobby confirmed the crowd’s immersion in the project. Medici TV equipment inside the hall no doubt captured clearer sound than the real acoustics, which remain at once bright and gallingly centerless.

[*Symphony No. 1 was played on Nov. 11.]

Photo © Florian Emanuel Schwarz

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Can A Union Walk Away With My Contract?

Tuesday, November 29th, 2016

By Brian Taylor Goldstein, Esq.    

Dear Law and Disorder: 

Is it legal that a presenter can put “strike, lock-out or other labor controversy (including, without limitation, the picketing on the theater by representatives of any labor union having or claiming to have jurisdiction over theater’s employees” into a force majeure clause? I mean, it doesn’t seem fair that an artist that is ready, willing and able to perform should be held “hostage” to a theatre who cannot strike a deal with its stagehands, right? I can’t believe this is a commonly accepted practice. Surely, holding out for a better contract (on either side) is a willful action and the responsibility of those parties to solve so they can fulfil their commitment to the artist, yes?

When you ask “is it legal” do you mean “is it a crime?” No. Assuming you’re not taking out a contract on someone’s life, then anything two parties negotiate and agree to in a contract is perfectly “legal”

Is it common? Absolutely, particularly with professional theaters or any large presenters or theaters who have collective bargaining agreements with various performing arts unions—such as most major orchestras and large concert halls and performing arts centers. In fact, I’ve never seen an engagement contract with a major orchestra or presenter that didn’t have such a clause.

It is appropriate? In my mind, yes. If union stagehands or artists make unreasonable demands and walk out, that’s not always the theater’s or orchestra’s fault. On the other hand, compromise on the party of either party is not always a reasonable possibility at the outset. Neither party should be held “hostage” to the threat of a breach of contract to compel one side or the other to agree hastily to an ill-advised collective bargaining agreement. Regardless, a union or labor issue is almost always a force majeure event. I even include that in my own contracts.

Another consideration is that if the artists you represent are themselves a member of a union—such as a musician who is a member of AFM—then, as a union member, they will be prohibited from crossing the picket line regardless of what the engagement contract says. Indeed, I had a group that had been hired to perform with a major orchestra last year and tried the same approach you a posited—they presented themselves at the stage door claiming that they were ready, willing, and able to perform. However, it turned out they were also AFM members and AFM said that they may be ready and willing, but were not “able.”

Is it fair? That depends on how you feel about the role of unions in the performing arts. I will say this: I have seen just as many artists shoot themselves in the foot as I have presenters try to pass off the losses of their own mismanagement and poor business planning onto their artists. And I know from my own experience that artists are not always their own best representatives in the marketplace. Nonetheless, I, for one, have never believed that the Arts are well served by the same “winner take all” approach that one finds in other industries.

Do you have to agree to it? No. You never have to agree to anything you think is unfair or unreasonable. If the issue is important enough to you and your artist, you can always either walk away or try and negotiate something all parties can accept. Just like a union.

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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.

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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!