The Mesmerizing Underworld of Rocío Molina

November 13th, 2014

By Rachel Straus

Splash. From atop a cantering horse, the avant-garde flamenco artist Rocío Molina plunges into a dark river. This opening film sequence that precedes the live dance work Bosque Ardora (Ardor in the Woods) was seen November 7 at Teatros del Canal—the host of the 2014 Madrid International Dance Festival. Molina’s descent into a dark river is symbolic of her subsequent descent into the underworld of the psyche. There, the thirty-year-old choreographer embodies female archetypes: the goddess (Artemis of the hunt), the vixen (in which she wears a fox mask), and the modern day victim (who is physically punished by high-heel stilettos). Molina never settles too long into one vision, and thus never becomes trapped by female, cultural stereotypes. Molina outfoxes preconceptions: she is a petite, brown-haired beauty; she performs like a chameleon giantess.

Molina in Bosque Ardora

Molina in Bosque Ardora

The film short at the beginning of the work provides specifics: the woods in twilight, the rush of the hunt, and the violence of a fall. Then the dark river, seen on a proscenium-size screen, is reconstituted and abstracted as the curtain rises: On a black floor bordered by 16 real trees, Molina crouches. Like the fox with long hind legs and a slinking neck that leads its body furtively forward, Molina shape shifts into this animal, and looks out at us from beneath her fox mask with glowing eyes. Some of the trees on stage are hanging upside down, as is the case when seeing a forest’s reflection in water. Molina’s set makes clear that we are in the river with this dancer-choreographer-director. Her artistry is like an under toe. It drags us down and into her dark world.

When Molina exchanges her fox mask and black high priestess dress for a man’s white button down shirt and six-inch, fluorescent yellow heels, it’s as unexpected as the moment when trombonists José Vicente Ortega and Agustín Orozco play jazz and Molina briefly Vogues. In her new costume, which could be called porno executrix, Molina connects with dancer Eduardo Guerrero buttock to groin. He pins her underneath him on the floor, but there is no emotional reaction from either of them. Later Molina in her spikes spins around drunkenly. She is manhandled and she handles this tall, strong man. Their flamenco dancing comes in spurts as if they are finally speaking to each other. Their unemotional sexual acts appear to signify the repressed thoughts of the characters they portray.

Bosque Ardora premiered in Seville in September, and has since toured to France and the U.K. Freud should get a program credit. Molina’s work isn’t linear, or logical. Freud formulated the idea of the ego and the id. In Bosque, Molina is all id (the subconscious): She dances beyond flamenco, or for that matter the safe conventions of most contemporary dance. Whereas in the majority of dance theater works women and men are seen as heroes or cruel victims of tragic fate–or just dancers in space–they are rarely seen as unstable, radioactive figures. Molina is such a dance-actor. One gets the sense that anything is possible when she is on stage.

Throughout the seventy-five minute work, six male musicians loom under the trees. They produce an ever-changing aural landscape that is not only acoustic (birds and liquid vibrations), but also includes instrumentation and song: There is José Angel Carmona’s silvery cante jondo (occasionally accompanied by his electric guitar playing) and the aforementioned trombonists Ortega and Orozco, who dress identically and look like twins. There is also Pablo Martín Jones’s propulsive drumming, on a traditional kit, and his soft finger gliding on golden discs. It’s notable that the guitarist Eduardo Trassierra is the only flamenco traditionalist in the group; and so he sits on a wooden chair as opposed to the other musicians who hover, as if sleepwalking. Though Bosque Adora is far from your typical flamenco show, Molina returns to her Flamenco roots in the finale. With Trassierra as her accompaniment, she becomes the ángel, the gypsy dancer spiritually possessed by her fiery footwork. It’s important to note that the musicians do not play together. Instead they provide highly different landscapes for Molina, and her marvelous male dancers Guerrero and Fernando Jiménez to move through.

Molina has been compared to Pina Bausch, but her work is more in the vein of Martha Graham, especially her Greek period, in which she explored the female psyche and continually casted herself as the Greek goddess, surrounded by strong bare-chested men, who became her erotic architecture. In one section of Molina’s work, the shirtless Guerrero and Jiménez dance on either side of her like twin columns. Their unison footwork is as astonishingly precise as is their concentration on Molina. And this seems right. Molina is the breathtaking one. She directs our eyes on her electrifying footwork, then her snaking buttocks and back, and up to her head, where her changing expressions read like different tragic Greek masks. This profound dancer, who thinks large and moves in dreams that can’t quite be understood, is currently and hauntingly appearing on the world’s stages. She far from a flamenco traditionalist, but she is my kind of goddess.

 

“Leave Here and You Die!” Unenforceable Non-Compete Agreements

November 13th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

The management company where I work has asked me to sign a non-compete agreement saying that, if I ever quit or am fired, I would be prohibited from working as a manager or agent anywhere in the world for one year after I leave. The owner also contends that the names and addresses of all venues belong to him and that I cannot contact any presenters or venue where I booked an artist for him. Do I have to sign this? Is this reasonable?  

You never have to sign anything. Can an employer require an employee to sign a non-compete or be fired? Under certain circumstances, yes. Are the terms you describe reasonable? Hardly. More importantly, even if you signed it, I doubt very much that such an agreement would be enforceable.  

In most instances, parties can use a contract to negotiate and agree to just about anything: how and when artists are paid, how commission are calculated, how rights are transferred or licensed, who files and pays for visa petitions, how royalties are calculated, whether the artist gets still or sparkling water in the dressing room, liability, insurance, benefits, salaries—the list is practically endless. However, there are certain instances—albeit rare—when a contractual term will be rendered void or unenforceable. Such instances include:

(1) When a contract either requires a party to do something which would be illegal or refrain from doing something which they have a legal obligation to do.

(2) When a contract term violates an existing law or policy which courts have decided cannot be altered.

Contracts are governed by state laws. In this case, most state laws (particularly the State of New York) will not enforce a non-compete agreement which a judge determines to be “unreasonable” or “over-reaching”—even if the parties agree to it. Reams and reams of case law have determined that prohibiting an ex-employee from working with current clients of the employer is reasonable, but only for a reasonable amount of time—such as a year or two (sometimes longer depending upon the specific circumstances.) However, unless an ex-employee was also the CEO or President of the company, prohibiting an ex-employer from being able to work in the industry in which they earn a living is considered inherently un-reasonable and never enforceable. Simply put, no employer ever has the right to force an ex-employee to move to a different state, change careers, or be rendered unemployable. If the situation were otherwise, too many employers could use the threat of termination to induce or force employees to sign unreasonable non-compete agreements.

As far protecting the confidential or propriety information of an employer, a court will enforce such an agreement provided the information was confidential or proprietary to begin with. Under the Law of Agency, when someone represents someone else, all information belongs to the person they represent. With regard to the arts and entertainment field, any information pertaining to an artist—engagement agreements, the names and contact information of any venues or presenters a manager or agent has contacted on behalf of the artist, the terms of any engagements under negotiation or discussion, etc—all belong to the artist, not the artist’s manager or agent. Moreover, names and addresses are never “proprietary.” The term “proprietary” refers to something unique created or invented by an employer and specific to that employer—such as the colonel’s secret chicken recipe, internal operating procedures or budgets, mark ups, etc. Simply because a manager or agent writes down the name and address of a venue does not make it proprietary. To be sure, an employee, much less an ex-employee, is never permitted to take the physical property or download the files of an employer. However, if something such as names and addresses can be found elsewhere—such as on the internet, in a published list, or is otherwise publically available—then you are free to compile your own list of such information.

As for not being able to book or contact any venues or presenters where you booked artists for a former employer, once again, whether or not this would be enforceable would depend on the “reasonability” of the restriction. If were are talking about a prohibition against contacting particular venues in a particular region for a reasonable period of time, that would probably be enforceable. However, if enforcement of such a restriction would prohibit you from being able to book any artists at any venues in the United States or world-wide that would never be enforceable.

It’s frustrating enough when an artist leaves a roster—its even more so when a trusted employee quits and takes an artist with them. In a highly competitive and risky business, its understandable that artist managements and agencies are looking for ways to protect their interests and livelihoods. However, draconian contracts, strong arm tactics, and paranoia, though frequently embraced, are never appropriate or productive solutions.

Just because an agreement may be unenforceable does not mean you should sign it anyway. An angry and emotional ex-employer may still try to enforce it, requiring you to spend legal fees and court costs getting a judge to throw it out of court. You never want to enter into any agreement knowing at the outset that it will lead to a lawsuit—even if it’s a lawsuit you believe you will win. Certainly, if you are ever asked to sign such an agreement as a condition of employment, run away. However, if your current employer is insisting that you either sign or face unemployment, and a calm discussion offering reasonable restrictions and alternatives falls on deaf ears, you may have no choice but to run the red light and tear up the ticket later.

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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!

 

 

 

 

Noted Endeavors with Daniel Bernard Roumain: Practical Realities of Making a Living As a Musician

November 11th, 2014

Daniel Bernard Roumain talks with Eugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors about the practical realities of making a living as a composer or instrumentalist.

Noted Endeavors“Here I am, crisscrossing the country in new work, with new collaborators, making new friends,” Daniel Bernard Roumain writes in a November newsletter. He has composed the original score for a unique storytelling experience, produced by NPR Presents, named Water±.

In addition he’s been named co-chair of the 2015 APAP conference, and he’s joined the board of Directors of Creative Capital. DBR shows, according to the Washington Post, “what it means to push boundaries of musical genres to new heights.” An artist with a multitude of ideas who accomplishes them, he’s remarkably generous in sharing his strategies for turning thought into creative action.

Helen Grime Portrait CD on NMC

November 11th, 2014

Helen_Grime_Night_Songs_NMCD199_cover

Helen Grime

Night Songs

Lynsey Marsh, clarinet; Hallé Orchestra and Hallé Soloists; Sir Mark Elder and Jamie Phillips, conductors

NMC Recordings NMCD 199

 

Helen Grime is Associate Composer of the Hallé Orchestra. The ensemble has given her a generous portrait CD on NMC with excellent performances of both chamber and orchestral works, all composed in the past seven years. It commences with her Virga (2007), which has enjoyed enormous success; it has been championed by luminary conductors Oliver Knussen, Stéphane Denève, and Pierre Boulez. Hearing the glistening coloristic orchestral palette and unerring sense of pacing – with strong gestures succeeded by passages of fragile delicacy and a coda that beguilingly vanishes into thin air – one can readily understand why it might have attracted such attention. Composed in the same year, her string sextet Into the Faded Air provides a similarly shimmering effect.

 

The first work I heard of Grime’s live was her Clarinet Concerto in a sterling performance by Fellows at Tanglewood’s 2010 Festival of Contemporary Music. The Hallé’s recording of the piece stands up to that fond memory, with soloist Lynsey Marsh providing fleet cadenzas and unerringly cutting through the forceful accompaniment (again a testament to Grime’s savvy and skilful orchestration).

 

Composed for the BBC Scottish Symphony, Everyone Sang (2010) is a set of variations on a melody that typifies the linear writing found in Grime’s work: angular yet vivacious. There is counterpoint aplenty here too, with competing passages from the upper and lower registers of the ensemble. Night Songs, a gift for Oliver Knussen’s sixtieth birthday, distills this distinctive language into a taut six minutes of abundant variety. One can certainly hear affectionate nods to some of Knussen’s works, but Grime never stoops to mimicry.

 

The beginning of Near Midnight (2012), a work composed for the Hallé, finds lower register instruments and the percussion section holding sway. Eventually clarion trumpet calls, flutes, and divided strings are inserted into the proceedings, creating a colloquy between registers and a bevy of traded gestures. The piece’s middle section calms things down, allowing the strings a long, arcing line against which occasional flurries from the other sections interject. Out of this builds a crescendo in which fragmented passages and terse melodic utterances are once again traded between sections of the ensemble. Fluid upward gestures are countered by more earthbound sustained passages. The gradual denouement that concludes the work contains glinting shimmers that vivify the overall fadeout.

SHOSTAKOVICH AND LADY MACBETH OF MTSENSK

November 10th, 2014

By James Conlon

 

On the occasion of the opening of the Metropolitan Opera’s production of Dimitri Shostakovich’s opera, I have revisited an article that I wrote for Opera News in 1994 at the time I conducted the opera in its first presentation at the Met. I have expanded and re-written a great deal of it, while preserving its core. For the passages that I have retained, I acknowledge Opera News’ kind permission to reprint.

 

“I would say that Lady Macbeth could be called a tragi-satirical opera. Despite the fact that (Katerina) murders her husband and father-in-law, I sympathize with her nonetheless. I have tried to impart to her whole way of life and surroundings, a gloomy satiric character.” [Dimitri Shostakovich]

 

“There is no situation, however loathsome, to which a human being cannot grow accustomed, and in each and every one of them he retains, so far as possible, his ability to pursue his meager joys; but Katerina Lvovna needed to make no adjustments: she could see her Sergei again, and in his presence even the road of penal servitude would blossom with happiness.” [Nikolai Leskov, Lady Macbeth of the Mtsensk District]

 

“To make a tragedy the artist must isolate a single element out of the totality of human experience and use that exclusively as his material. Tragedy is something that is separated out from the Whole Truth, distilled from it … chemically pure…It is because of its chemical purity that tragedy so effectively performs its function of catharsis…
… [I]n recent times literature has become more and more acutely conscious of the Whole Truth — of the great ocean of irrelevant things, events and thoughts stretching away endlessly in every direction.” [Aldous Huxley, Music at Night]

 
Lady Macbeth of the Mtsensk District is, in my opinion, the most important Russian opera of the twentieth century, a masterpiece of tragedy and satire. Dimitri Shostakovich’s achievement is staggering. In depicting the environment of stifling boredom and dreary monotony that drives a vital young woman of 19th-century Russia to first commit adultery and then murder, he produced a work that served as a metaphor for the hypocrisy and brutality of his contemporary Soviet society. The opera represents a quantum leap in the growth of Russia’s greatest 20th-century composer, comparable to the jump that Nabucco and The Flying Dutchman represented for Verdi and Wagner.  In one great gesture he created a musical and theatrical vocabulary of his own, using the orchestra with novel mastery and virtuosity. His genius for satire and social commentary, previously evidenced in The Nose, is now assimilated into a massive theatrical entity connecting a personal domestic drama to a portrait of its time. With newly found depth and breadth, this violent tale of passion touches and brings to life a multi-layered and complex society through novel means. On the same scale as Modest Mussorgsky’s two great historical dramas, Shostakovich evokes “the great ocean of irrelevant things” and the “Whole Truth” to which Huxley refers.

 

Drawing the substance from a short story by Nikolai Leskov (1831­-95), the composer saw in it “a most truthful and tragic portrait of a talented, clever and exceptional woman perishing in the nightmarish conditions of prerevolutionary Russia.” The result: a domestic drama in a specifically nineteenth-century czarist environment, tacitly suggesting Soviet Society circa 1930 metaphorically rendered universal. No other opera score has so successfully fused “bourgeois drama,” social commentary, satire, high passion, and its own brand of tragedy.

 

Shostakovich wrote: “In the opera I have arias, duets, trios, large choruses. Recitative–in its old tradition guise–is almost totally absent. My orchestra does not accompany but plays a leading role together with the singers.” Customary operatic formulas abound: passion, jealousy and murder, airs of longing, monologues and love duets, a ghostly apparition, an interrupted wedding feast, drunken songs and choruses of lamentation. All of this, and more, is used, and misused in an original and innovative manner.

 

Few successful modern operas have subsequently fallen victim to the crushing political force that met Lady Macbeth. Premiered in 1934 and banned in 1936, it remained unperformed in the Soviet Union for the rest of the regime’s existence. It was allowed to re-emerge in the 1960s in a tamed, somewhat bowdlerized form and re-titled Katerina Ismailova.

 

Historically, censorship historically limited the scope of political subjects in opera during most of the form’s existence. Personal dramas thrived, as they were just that: personal and largely apolitical. But in Russia of the 1930s, the personal was politically incorrect. Given the repressive climate and the regime’s opposition to what it considered self-indulgent individualism in art, writing Lady Macbeth was an act of outrageous bravery. Its depiction of boredom and loneliness, love and lust, cruelty and fear would rub up against the regime’s expectation of Socialist Realism, where none of this had a place. Shostakovich’s biting portrayal of the police and explicit eroticism could not be left unchecked. He was to pay the price the rest of his life, and 20th-century world of opera would be deprived of a giant.

 

The tantalizing question: what would he have produced if only…? Had Verdi and Wagner ceased to write at a comparable age, their final completed works would have been Oberto and Das Liebesverbot. What would Shostakovich’s Falstaff or Parsifal have been? His enforced banishment from the theater was to transmute his dramatic genius into absolute music, generating, amongst other genres,  the fifteen symphonies and string quartets where he could “say” what he wanted with total deniability.

 

In one view the title character, Katerina, is first an adulteress and then a criminal. If she is so, the composer’s music suggests, it is because she is brutalized and humiliated by her environment. The opposing view would see her as heroic, brave and daring: a woman sunken beneath a patriarchy, rebelling and claiming for herself (and by extension for other women) the right to happiness. Married young to a rich landowner, subjected to constant abuse from her father-in-law, she is desolate in a loveless marriage and surrounded by a cruel, uncaring, petty and provincial world. She murders twice and incites to murder. She marries her accomplice, leading to his and her condemnation. She yearns, desires and loves with a passion that disdains all boundaries and defies all obstacles. It is clearly Shostakovich’s intention that she win and retain our sympathy, even our admiration.  She murders to attain the love she craves and, in so doing, provokes sympathy and antipathy, compassion and condemnation.

 

Lady Macbeth is not a tragedy in the classical sense. The characters are not highborn, morally enlightened or meant to fulfill great destinies. The opera’s universality lies more in its resonance with the mythical/Biblical stories concerning the futility of the pursuit of power, and with humanity’s shared experience of suffering. Shakespeare’s Macbeth is a tragedy because the moral potential of a man born to lead is corrupted. No one in Lady Macbeth is “great,” so there is no fall from heroic heights. The power Katerina hopes to attain is not that of a kingdom, but rather control over her own life.

 

Katerina’s greater dimension lies in her embodiment of the yearning and quest for love, a force to which Shostakovich connects the listener with his deep, empathic music. She demeans herself with her crimes, but is motivated solely to attain and then maintain her Tristanesque love for Sergei, a recently arrived farm worker.

 

She implores him to “kiss me so it hurts my lips … and the icons fall from their shelves.” Katerina’s milieu does not provide her with any possibility to sublimate her drives. This is Shostakovich’s main social critique. She openly defies society, one from which she was already inwardly alienated. Though she incites in the listener both compassion and repugnance, she never sells her soul. In the operatic pantheon, she is situated somewhere between Isolde and Salome.

 

We can almost condone Katerina’s first murder. Slaying her cruel stepfather, Boris Timofeyevich, is an act of vengeance. He has brutally whipped Sergei and promises to continue the next day. She is a creature of instinct and has a primitive sense of justice. We sympathize with Tosca, who does the same. Sergei is neither noble nor heroic. His talent is seduction, his target, his employers’ wives, and his ambition, social advancement. He is intrinsically amoral.  Katerina sacrifices her “kingdom” and life for this illusory, elusive partner. But Leskov’s title already tells us that the story is neither his nor the couple’s, but Katerina’s.

 

Shostakovich goes further by showing that if there is nobility of spirit to be found anywhere in this shabby society, it is only in the woman and in her capacity to shower love on unworthy objects. She typifies the Russian woman’s boundless soul, the immense capacity for caring, passionate, spiritual and sensual love. Katerina is not a murderess by nature. The composer finds Dostoevsky’s  “failed saint” at the heart of the criminal. Katerina exhibits inexhaustible devotion and forgiveness as does Marfa in Moussorsky’s Khovanschina. Both women commit suicide. Marfa goes in determined harmony with her community, convictions and conscience, while Katerina, in a final act of vengeance and humiliation, murders her last rival while taking her own life. The spiritual gulf that separates Katerina from Marfa is a reflection of their diverse environments but not of their innate qualities. Both, in their Russian way, are counterparts to Wagner’s self-sacrificing heroines.

 

That the composer wanted to strengthen our sympathy for Katerina is evidenced by his decision to excise the short story’s third murder: of an innocent young nephew. Just as Benjamin Britten’s Peter Grimes (an opera clearly influenced by Lady Macbeth) is rendered less unsympathetic by the elimination of another murdered apprentice, Shostakovich’s Katerina is spared an action, which would decisively alienate the audience.

 

Nothing escapes Shostakovich’s icy gaze. Before the listener might become swayed by pathos or melodrama, the satiric ax falls. He allows neither a Wagnerian catharsis of redemption, nor the despairing eroticism of Puccini. He shunned the moist-eyed self-indulgence of the late nineteenth century. The use of parody and satire, trademarks in all Shostakovich’s orchestral works, is as intrinsic as Mahler’s interwoven “vulgarity” is in his symphonies. The composer distances himself by ironically quoting or alluding to Rossini, Mahler  Smetana, Mussorgsky, Tchaikovsky and Richard Strauss.

 

Shostakovich’s view of the all the other characters in Lady Macbeth is harsh. Katerina is from innocent, but almost seems so by comparison. The character of the Shabby Peasant (also known as “A Seedy Lout”), a debauched successor to Mussorgsky’s Simpleton, exemplifies the atmosphere of decadence. The holy fool, or yurodivy, a permanent presence in Russian culture, is a mystical clairvoyant. He is able to hear and see what others cannot, and to communicate these visions in an enigmatic language. At times, both Mussorgsky and Shostakovich perceived themselves as yurodivy. The Shabby Peasant, an Unholy Fool wandering in and out of backyards, bedrooms and wine cellars seemingly at will, personifies two national vices: that of the alcoholic and the informer. As reported by the Russian prima donna assoluta Galina Vishnevskaya, the great circus interlude that follows the Peasant’s discovery of the husband’s corpse is, in the composer’s words, “a hymn to the dynamo of Soviet Society: the informer.”  Fed by, and dependent on, such information, the police state is corrupt, tyrannical and Philistine. The scene in the police station (which doesn’t appear in Leskov’s story) acidly ridicules the entire political/military apparatus. Shostakovich’s  music, at times graphically and explicitly sexual, titillated and shocked.  The famous pornophonic trombone glissando (which was rumored to have offended Stalin) is explicit in its upward thrust and its detumescence. Shostakovich pays the weak husband, Zinovy, the ultimate insult of making him a secondary tenor and assigning the alto flute, with its placid and flaccid timbre, to introduce and to follow him around. When he reappears to surprise the lovers in his bed, his ranting is driven by a Rossini-like fanfare, attached to a distorted polka and galop.  The driving two-note motif for the workers’ molestation of Aksinya, the cook, is closely related to the violence of the lovers’ first erotic encounter.

 

The revered Mussorgsky is quoted at several important junctures . Shedding crocodile tears for her father-in-law whom she has just murdered, Katerina virtually screams a citation from the prelude to Boris Godunov, easily recognizable as a parallel of forced and false lamentation. Leskov’s reflection on a quotation from the Book of Job, “Curse the day that thou wast born, and die,” seems to articulate the essence of Shostakovich’s musical vocabulary; “Those who do not wish to pay heed to these words, those to whom the thought of death, even in this sorry situation, appears not a blessed release but a cause for fear, must try to drown out these wailing voices with something even uglier than they. The ordinary man understands this perfectly: at such times he gives free rein to all his brutish ordinariness and proceeds to act stupidly, jeering at his own feelings and at those of other people. Not particularly soft-hearted even at the best of times, he now becomes positively nasty.” (Leskov)

 

Hurling itself at the listener, Shostakovich’s orchestra screams and whispers, storms and laughs, excites and stupefies, bites and caresses. It shifts from expressivity to editorializing, from tone painting to parody…. Its angry violence, akin to the early iconoclasm of Stravinsky and Bartók, overwhelms and pummels the stage into submission only to, in turn, evoke pathos, loneliness, yearning, and despair. Whereas Wagner’s orchestra has been likened to the inarticulate voice of the subconscious, Peter Conrad writes that Shostakovich’s “orchestra pit is the cellar where the stinking body… has been discarded.”

 

The Old Convict on the way to Siberia is the only other sympathetic character. He is the spokesperson for all of suffering humanity. In the final moments, the chorus of convicts (guilty and innocent alike) echoes the cry of the Simpleton (yurodivy), with his two-note motive clearly implanted in the cello and contrabass section as it is at the end of Boris Godunov. The parallel is unmistakable and could not have been overlooked by the public in Moscow and St. Petersburg at the premieres. It is an outpouring of compassion for the lost people of Russia — and by extension, for the world. It is here that the work becomes universal. We are all prisoners. Katerina, through her suicide, has escaped by the only means possible. The rest of us will live out our days in our terrestrial labor camp. Shostakovich, assuming the Mussorgskian mantle on his shoulders, took on a role that would become his disguise in the decades to come. Though forced to curb his youthful candor, he nevertheless continued to speak through his music by adopting the paradoxical character of the yurodivy.  He was to become accustomed to his situation and, as in Leskov’s words, “retained his meager joys.” Through Lady Macbeth, he reveals Huxley’s “Whole Truth,” stretching “endlessly in every direction.”

 

Even before Stalin’s reprimand, he delivered himself of an enigmatic, paradoxical work that speaks as if in tongues, in a language that simultaneously reveals and obfuscates, confesses and denies, equivocates and speaks truths, accuses and forgives.

Avoiding A Visa Interview…Sometimes…Maybe…

November 6th, 2014

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I had a really interesting conversation with a consular officer at a U.S. consulate where we were having one of our groups apply for P visas. Our group has toured the U.S. many times and the officer mentioned that P class petitioners do not need to come back in for interviews if they renew their visas within 48 months of their last visa. They can just mail them in through a courier service associated with a local bank. She said that this was true in other countries as well, though the specifics are slightly different in other countries. Are you familiar with this?

Yes, I am familiar with this. What the officer is talking about is a discretionary policy whereby certain individuals under certain circumstances may not be required to have a visa interview at the U.S. consulate if they are applying for a visa in the same category as a visa previously issued to such person. However, before you get too excited, remember that nothing in the tortured realm of U.S. immigration policies and procedures is ever as simple or as straightforward as it may first seem. There are several pitfalls to be aware of.

First, this has nothing to do with avoiding the petition process. Regardless of how many O or P visas an artist may have previously held, all new O and P visas require a visa petition to be filed with and approved by USCIS (United States Citizenship and Immigration Services.) The policy at issue here is whether or not, after approval, an artist may be able to avoid physically appearing at a U.S. Consulate in order for the visa to be issued.

Second, the “interview waiver” policy is determined on a consulate-by-consulate basis and it is by no means a uniform policy at all U.S. consulates. Some consulates may allow this for O and P visas, while others may allow this only for O visas, and still others may allow this for O-1 and P-1 visas, but not O-2 or P-1S visas. And others may not allow this at all. Even where it is available, a consulate might still require citizens of certain countries to come in for an interview anyway. The only way to determine which consulates do and do not allow for visa interviews to be waived under certain circumstances and, if available, the specific process for obtaining a visa without an interview, is to check the website of the specific consulate where the artist will be applying for the visa.

Third, unless there is enough time to deal with glitches and delays, I always encourage artists to appear personally even if they qualify for an interview waiver. Why? Read on…

A pianist who had multiple O-1 visas in the past did not, understandably, want to go to yet another interview at a U.S. Consulate. So, you can imagine her joy when, upon completing her DS-160 (visa application) form on the website of the U.S. Consulate, she learned that she qualified for an interview waiver. She ecstatically selected the interview waiver option on the DS-160, mailed in her passport using the courier service…and her passport never arrived at the consulate. It was lost. Ultimately, she had to obtain a new passport and apply in person, causing a delay of several weeks and the cancellation of several engagements on her tour.

Similarly, another artist who also met the qualifications for an interview waiver, mailed in his passport and, after three weeks of waiting, was informed that he was being required to schedule an interview anyway. Even where an artist meets the requirements for an interview waiver, a consulate always retains the discretion to require a personal interview under any circumstances. Unfortunately, there’s no particular requirement that they inform you of this in a timely fashion.

As fond as I am of sweeping generalizations, they are never applicable in all circumstances. For every tale of problems or delays, there are just as many positive experiences. Nonetheless, its always safe to assume that when dealing with any situation—immigration related or otherwise—in which the outcome you seek will ultimately depend upon a harmonic convergence of timing, competency, and karma, assume otherwise and plan accordingly.

_________________________________________________________________

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!

 

 

Noted Endeavors with Eliran Avni: Residencies & Outreach – What We Love to Do Most

November 4th, 2014

Eugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors interview Eliran Avni, founder of SHUFFLE Concert.

Noted EndeavorsSHUFFLE Concert has performed all over the United States, in Europe, and recently traveled to Israel for its fourth tour there. Each of the members of this unique group has performed extensively as soloist and collaborative musician throughout the world. The musicians are drawn from Israel, Spain and the United States. Their achievements outside the ensemble are formidable and all of them are dedicated to doing outreach and residencies. The founder of SHUFFLE Concert, Eliran Avni says that outreach to bring the joy of music to young and old is “a crusade” for the group. They have created a special outreach fund to make certain they can do as much outreach as possible.

Salzburg Coda

October 31st, 2014

Academy of St Martin In the Fields

By ANDREW POWELL
Published: October 31, 2014

SALZBURG — Alexander Pereira is now gone from the main festival here, and two tenuous summers are in the offing before Markus Hinterhäuser replaces him as Intendant in 2017. His exit, under a cloud, ends a budget tempest but threatens reversals of worthy initiatives he took: lengthening the schedule to six weeks, deepening the commitment to sacred music, insisting on fresh stagings for opera. Pereira did not adapt to the old-boy (and old-girl) Salzburg bureaucracy but he restored an element of decisiveness that had been lacking since Karajan and later Mortier ran things. And despite fiscal overages and gripes about casting, his programs were a Karajanesque blend of tradition and vetted novelty, exemplified on three August days in the paired artistry of Vilde Frang and Michail Lifits; concerts by the Mozarteum-Orchester and the Academy of St Martin In the Fields; and new productions of Fierrabras and La Cenerentola.

Peter Stein, wise yet out of fashion, told Schubert’s 1823 Carolingian tale straight, using monochrome flats and simple lighting tricks to paint and speed between differentiated, handsome scenes (Aug. 22, Haus für Mozart). His target: the seated theater audience, not roving DVD cameras. He stressed Christian values of compassion and peace, contrasting the vehemence of the Moors; Fierrabras was Fierrabras, destined for conversion, not an impersonation of the composer. But coarse horn playing marred the presentation of a score much dependent on that instrument, and conductor Ingo Metzmacher tended to allow the Vienna Philharmonic winds to swamp the luscious strings, the orchestra to swamp the singers. Of the six principal roles, Julia Kleiter’s silvery-voiced Emma did the music fullest justice. The Vienna State Opera Chorus sang magnificently, also magically.

Taking for La Cenerentola the opposite but these days routine path, Damiano Michieletto deployed hard-surface, camera-friendly sets and updated Perrault’s story (Aug. 23 matinee, same venue). His homey cafeteria, “Buffet Don Magnifico,” buzzed with credible characters and tightly calibrated action; a startling scenic transformation added depth. Angelina, in her middle years, found love at first sight while busing tables, and goodness triumphed at the close through gifts to her wedding guests: rubber gloves, buckets and soap; as those guests were put to work, she blew bubbles. In a probable farewell to this signature role, Cecilia Bartoli (48) exerted feisty charm, her sound opulent, the vocal ornaments expressive and fresh as ever. Mirroring her comedic sincerity, Javier Camarena sang a stylish Ramiro and a modest one, too, until Sì, ritrovarla io giuro. This he peppered with loud highs and a long last C brightened in a timbral arc. The basso roles were contrasted: Enzo Capuano a bully of a Magnifico with lucid patter and smooth legato, Ugo Guagliardo a cupid-magician Alidoro of rich tones but somewhat graceless phrasing, and Nicola Alaimo a robust Dandini who overplayed his comic hand. Jean-Christophe Spinosi and the Brest-based Ensemble Matheus rose to the witty occasion.

Tour appearances by the 55-year-old London orchestra (same day, at the Felsenreitschule) haven’t always validated the high standards of its early records. This one did. Tomo Keller’s work as guest concertmaster blazed with virtuosity and seemed to ignite all desks. Although uncredited by the festival, he led Mendelssohn’s D-Minor Sinfonia (1822) by himself, finding elegance and mature ideas as well as precision in the four movements. Seven winds and conductor Murray Perahia then joined the 24 strings for an exceptionally refined reading of Haydn’s Symphony No. 77 (1782) filled with neat contrasts and fresh turns of phrase; the airy Andante sostenuto could have spun for an hour without losing appeal. After the break, Beethoven’s Fifth Piano Concerto (1809) emerged in fluid streams of sound, the rhetoric measured, the attacks vivid. Perahia deftly balanced poetry and drama, piano and orchestra, signaling with his arms when not occupied at the keyboard.

Ivor Bolton, beloved Chefdirigent of the Mozarteum-Orchester, sandwiched ardent arias of Gluck and Mozart between G-Minor Sturm und Drang symphonies (Aug. 24 matinee, Mozarteum), packing quite a punch. Resilient rhythms, vigorous angular themes and tidy dynamic shifts enlivened Haydn’s Symphony No. 39 (1765), capped by an Allegro di molto that expertly whirred along. In Mozart’s Symphony No. 25, written eight years later and inspired by the Haydn, Bolton elicited equal cohesion and propulsion, favoring tautness over repose, but the volume of sound pushed the limits of the 800-seat hall. Rolando Villazón brought astounding degrees of verbal expression and ample vocal luster to his three Mozart arias — Per pietà, non ricercate (1783), Or che il dover (1766) and, as vehicle for clowning, Con ossequio, con rispetto (1775) — buoyed and gamely resisted by Bolton and the orchestra. In Gluck’s Unis dès la plus tendre enfance, from Iphigénie en Tauride (1779), the tenor delivered the French words with operatic flair.

After the recital by Frang and Lifits (same day, same venue), one woman asserted aloud that Frang couldn’t possibly play the violin to full potential for lack of flow in her body movements, while another attendee bemoaned pianist Lifits’s gum-chewing facial mannerisms. What was certain was that two unique personalities had made music. They combined best in the pieces that opened and closed their program, Brahms’s Scherzo for the Frei aber einsam Sonata (1853) and Strauss’s similarly confident and classically formed E-flat Sonata (1888). Results: clear lines, passionate phrasing, ideal balances, a definite sense of structure. Lifits could be heavy in the left hand and seemed not always aware of his partner, but she proved able to enlarge her tone when she chose, adding volatility. The stylistic jump from Brahms to Mozart’s Violin Sonata in E-flat, K481 (1785), had the effect of Frang receding: Tashkent-born Lifits played as if on solid ground and the Oslo violinist looked happy to let him dominate, especially in the crisply articulated Allegretto. Beethoven’s A-Major Sonata, Op. 30/1 (1802), after the Pause, suffered slow tempos and a lack of drama.

Where the Salzburg Festival goes now, post Pereira, will be partly evident next month when the 2015 summer plans are announced. In all likelihood there will be cost-cutting to counter past overages, such as for 2013 when a reported $5 million went out the door beyond the approved $76 million. Once Hinterhäuser fills the Intendant void, the danger is of a well-bookkept but artistically dithering institution — a return, in effect, to qualities of the ten summers preceding Pereira’s 2012 arrival; Hinterhäuser, a pianist, participated in management for some of those years and is not known as a forceful character. The compass at present is with Sven-Eric Bechtolf, grandly styled “Artistic Master Planner 2015 and 2016” (a promotion from heading just the theater programming), and the festival’s indomitable Cost-Cutter-in-Chief, a.k.a. Präsidentin, Helga Rabl-Stadler.

Photo © Silvia Lelli

Related posts:
Nitrates In the Canapés
Mozartwoche: January’s Peace
Christie Revisits Médée
Netrebko, Barcellona in Aida
Pintscher Conducts New Music

Is the Berlin Philharmonic Still “Great”?

October 30th, 2014

By Sedgwick Clark

That’s a deliberately provocative question, of course. But when the best one can say about Carnegie Hall’s Opening Night Gala is that the scaffolding has been removed after three years, there’s a problem. The building’s elegant façade, glistening proudly in its new exterior lighting, looks simply gorgeous. It’s a necessary reminder that the beleaguered classical-music industry can still hold its head high. Lord knows such architectural stature is rapidly disappearing from 57th Street, what with that monstrous tin-foil phallus already erected across the street and more to come to the east and west.

In his review, the New York Times’s Anthony Tommasini referred to the Berlin Philharmonic, the evening’s band, as “great.” Who am I to disagree? But I have been hearing the Berliners for 35 years in this hall under the likes of Karajan, Abbado, Haitink, and its current music director, Simon Rattle, and I was shocked at the current state of the orchestra. The violas, cellos, and, to a lesser tonal extent, double basses—placed to the right of the conductor—had all the strength and projection of the BPO of yore, with total unanimity and purpose. But the rest of the stage was swimming in indirection. The violins were not obviously out of sync, but they rarely projected as a body, which is the same thing. The woodwinds played with character but rarely as an ensemble, and except for their biggest moments the brass may as well have not been playing. The Berlin timpanist used to be brutal, but the young fellow back there now mirrors the conductor’s indistinct beat.

For this opening week of October, the British conductor served up Schumann’s four symphonies, Rachmaninoff’s Symphonic Dances, Anne-Sophie Mutter in Bruch’s Violin Concerto No. 1, Stravinsky’s complete Firebird, and a new work by Georg Friedrich Haas.

Opening night began with the Rachmaninoff, and I smiled in anticipation as the strings briskly invested their pp staccato eighth notes with wit and buoyancy. And then—and then—OMIGOD!—Rattle sat down on the first ff chords with elephantine emphasis, proceeding to eviscerate the outer movements’ rhythmic drive and hobble through the insinuating central waltz. The 1961 Kondrashin recording most successfully captures the demonic Romanticism of the composer’s nostalgic final masterwork. Rattle’s spongy accompaniment in the ensuing Bruch concerto was little help to Mutter, but she herself seemed unwilling to confront the music’s impassioned ardor. Gala programs are short these days, and Rattle led an abbreviated Firebird, beginning with a colorless Infernal Dance. One thing though: The Berliners can still play extraordinary pianissimos when asked, and Rattle asked for—and got—ridiculously ppppp strings leading into the horn solo that begins the finale. Ostentatious.

I also heard the concert that paired Schumann’s Third and Fourth with Haas’s dark dreams. To take the Berlin Philharmonic on tour and then reduce the strings to 12-10-8-6-5 takes a lot of nerve, and I found few moments to justify the dare. Rattle chose to play the original edition of the Fourth, which seemed in this performance, at least, more repetitive, structurally awkward, and amateurishly orchestrated than the version we know well. The Haas piece, commissioned by the orchestra and Carnegie Hall for this tour and placed on the program between the two symphonies, required the full BPO and could barely fit on the stage. It sounded fabulous, and Rattle, for a change, conducted with decisive gestures. What a difference!

And now, after all that, I was pleased to find Rattle’s leadership and the Berlin instrumentalists and vocalists exceptionally expressive in Peter Sellars’s controversial staging of Bach’s St. Matthew Passion at the Park Avenue Armory, Lincoln Center’s initial White Light Festival presentation.

Tune in next week to read about an orchestra I heard the evening following the BPO Gala—an ensemble that played a truly “great” concert.

Whose Lawsuit Is It Anyway?

October 30th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

I’m dealing with a presenter who wants to cancel two weeks out due to poor ticket sales. While it’s not a huge engagement fee, my artist has already contracted its performers and paid out expenses for the date as its part of a bigger tour. I have a cancelation clause in my contract and I’ve explained what canceling would mean and that the presenter will be on the hook. However, he still wants to cancel. Its been a rough year and I can’t afford legal counsel. Do you have any suggestions?

At least the presenter is not trying to claim that poor ticket sales constitutes an act of God. While I am familiar with many organizations whose strategic plans require some degree of divine intervention to stay operational, God rarely takes an interest in ticket sales.

If you have a cancellation clause in your contract, then that will govern the legal remedies for the situation. Contractually, the presenter either has the option of either proceeding with the engagement or cancelling and abiding by the terms of the cancellation clause (which, I am hoping, spells out how much the artist is owed in the event of cancellation). If the presenter elects to cancel, but refuses to honour the terms of the cancellation clause, that would constitute a breach of contract…which really just gives the artist the right to sue the presenter, obtain a judgment, and, hopefully, collect the judgment. Whether or not attorney fees, interest, or court costs would also be part of the judgment depends on the terms of your contract as a judge has no authority to awards such costs unless the contract requires them. However, regardless of the terms of your contract, a lawsuit should always be the last resort under any circumstances.

Have you tried discussing with the presenter any solutions for increasing ticket sales or promoting the performance? Does your artist’s shows typically sell at the last minute? Has the artist ever performed in this market before? Don’t presume the presenter knows its own market or how to sell your artist in that market better than you do. You may have ideas for selling tickets that the presenter has not considered.

Is the person you are dealing with the final decision maker in the organization? If not, don’t hesitate to go over their head. Don’t threaten—just do it! If the presenter is a non-profit organization, then even the president or executive director reports to the board of directors. Contact the board president or an officer of the board. Often board members are far less cavalier about breaching contracts than an organization’s administrative staff. Its very possible that the board doesn’t even know about the situation as many presidents and CEOs are quite proficient at keeping their boards on a need-to-know basis.

If the presenter refuses to honour the cancellation clause, resist the urge to scream, threaten anyone’s reputation, or toilet paper the venue. While tempting, those options rarely work and will almost always make the situation worse. Ultimately, the decision as to whether or not to file a lawsuit, along with costs and expenses of filing the lawsuit, belong to your artist, not to you. Regardless of whether or not you signed the contract, if the contract is between the presenter and your artist, then all legal claims belong to the artist and only the artist can file a lawsuit and appear in court. You should not be paying or incurring any legal fees out of your own pocket. Unless you, too, are operating as a charitable institution, if the artist wants to pursue a lawsuit, that is their cost burden to bear, not yours.

__________________________________________________________________

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!