The Recipe For Confusion

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when developing policies and directives: Take one very broad workshop which they attended several years ago and is now outdated, add an opinion from a board or volunteer attorney who doesn’t actually specialize in the topic at issue, stir in some research done by an intern, mix well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!

A Message from Edna Landau

September 10th, 2014

To All Our Loyal Readers:

Over this past summer, I came to the sad conclusion that it is time to take leave of “Ask Edna”. I have greatly enjoyed addressing a wide variety of questions on this blog and will continue to offer career advice through my other professional career development activities.

I will miss being part of the Musical America family and am deeply grateful to them for their unwavering support of this column over the past 3 ½ years. Publisher, Stephanie Challener, helped me develop the concept and her encouragement and insight contributed greatly to its longevity. I will do my best to continue to answer any questions that come via my website, http://www.ednalandau.com, and wish everyone a wonderful season ahead.

Edna Landau

Noted Endeavors with Daniel Bernard Roumain: Career = Time, Money, Passion

September 9th, 2014

Noted_Endeavors_LogoEugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors interview Daniel Bernard Roumain.

Haitian-American artist Daniel Bernard Roumain (DBR) is a classically trained composer, performer, violinist, and band-leader celebrated for creating innovative multi-genre works. He collaborates with artists like Philip Glass, Cassandra Wilson, Bill T. Jones, Savion Glover, and Lady Gaga, and as Crain’s NY Business put it—“most classical musicians don’t run a business the way he does.”

 

The Oblique Censor, Part 1 of 3

September 5th, 2014

By James Conlon

The following is adapted from James Conlon’s Keynote Address at the symposium “Music, Censorship and Meaning in Nazi Germany and the Soviet Union: Echoes and Consequences” on August 9, 2014, presented by the Ziering-Conlon Initiative for Recovered Voices at the Colburn School in Los Angeles with the cooperation of the Orel Foundation.

The history of Classical Music has been interwoven with various forms of censorship, however benign some may have been. There is a continuum from complete freedom to write and present music to a public, through a large gray area of constraints designed to please an exacting patron or appeal to the tastes of a specific audience, all the way to the point of the suppression to a totalitarian force that literally dictates what may or may not be presented in public.

This address will posit that although censorship in the strict sense is virtually absent in our country (though not entirely), box office demand has replaced it as a potent force in selecting out what music will or will not be performed for a large segment of our concert-going public. As it is not adjudicated by any established ruling body, driven by any political or religious viewpoint nor presided over by any individual, its source is intangible and invisible. Its effect nonetheless, is real. However oblique its trajectory, its effect is widespread.

The long history of censorship implies a tacit recognition that music has the power to move us, affect our emotions, our hearts and our brains, alter our perceptions, and influence our religious and political views.  Or at least it appears capable of doing so, or is feared by persons in authority who feel musical expression can upset the status quo.

Plato thought so, too. Chapter 36 of the Book of Jeremiah tells the story of the burning of Jeremiah’s writings, said to be too dark and pessimistic.  Similarly Confucius’ works were destroyed in 250 B.C.E. by an unsympathetic subsequent dynasty. The arm of Michelangelo’s David dropped off when irate Florentines threw rocks at it; Venus de Milo was censored; The Bowdler Family gave rise to the eponymous practice of cleansing great but “impure” works and was responsible for ‘The Family Shakespeare” and “The Family Gibbon.”

Lily Hirsch, in her book Music in American Crime Prevention and Punishment, also reminds us:

One of the earliest philosophers of music, Plato, recognized music’s potential use toward good and bad: “Music, the most celebrated of all forms of imitation . . . is the most dangerous as well. A mistake in handling it may cause untold harm, for one may become receptive to evil habits.”  To avoid music’s potential danger to society, recognized in ancient Greece and thereafter, Plato thus had advocated the censorship of musical activity and the punishment of transgressors by force if necessary. During the Roman Empire, this recommendation was implemented in the position of the censor, who, among other duties, monitored singing. If singing was found insulting or “evil,” the singer, according to the legal code of the Twelve Tables, 450 B.C.E, could be punished with death by clubbing. But Plato extolled music’s ethical effects when handled “correctly”— for example, in his discussion of music education in the third book of the Republic, which maintains that music education helps man become “noble and good.”

She continues:

…During the nineteenth century, within Romantic aesthetics as conceived by Hegel, music was more consistently assigned an unrivaled, though vague, power over the soul. At this time, Plato’s conception of music— as moral and immoral— was cut in half, and philosophers celebrated music’s redemptive powers. This thinking was not lost on Romantic composers such as Felix Mendelssohn. He wanted more than success: He wanted to further humanity, communicating ethical meaning through music. This goal, a part of what the music scholar and conductor Leon Botstein terms the “Mendelssohnian Project,” resulted in several compositions, including the Lobgesang Symphony and the oratorios Paulus and Elijah. In these works, Mendelssohn sought to promote a sense of community, foster ethical sensibilities and faith in God, and educate society about tradition. In his use of music to promote morality, Mendelssohn may have also been influenced by his grandfather, Moses Mendelssohn, and the aesthetics and theology of Friedrich Schleiermacher, who believed music should heighten emotion in the service of religious faith.

 …As the author of Poetry and the Romantic Musical Aesthetic, James H. Donelan, argues, “Before Mozart, Western art music had two fundamental purposes: to proclaim the glory of God in his churches and to provide musical decoration for the powerful in their courts and homes.” In this way, before the Romantic era, music was valued based on use. Moreover, the value of music in use was generally not high. The arts associated with contemplation and theory were privileged above music making, which, connected to the use of the hands, was related to manual activity rather than mental pursuits. In the wake of the Romantic era, however, music was theorized as the ideal art. Part of music’s changing valuation had to do with the sudden end of the patronage system toward the close of the Classical era. For survival as an independent artist, composers had to justify and promote themselves and the worth of their art form. This promotion gave way to ideas that music both performs good and is good. With this change in status, Romantic writers also established the concept of classical music— a term introduced in the nineteenth century to classify preceding works by Bach and Beethoven, among others, as great. The initial idea of classical music therefore corresponded to other attempts to valorize music in keeping with the general repositioning of music as high art.

In America we pride ourselves on being an open-minded society (whether or not we are as much as we imagine is another subject), and on our constitution and laws that largely uphold freedom of speech (and expression). But our history provides many examples of the opposite:  Anthony Comstock’s 1868 raid on an “offensive” bookstore, and the 1873 Anti Obscenity Act which he inspired, are 19th Century examples. With the support of police, Comstock swooped down on the Arts Student League in 1906 objecting to nude models and “obscene, lewd and indecent” photos that are “commonly but mistakenly called art.” A year earlier he had condemned George Bernard Shaw as an “Irish smut dealer.” Shaw rewarded him by creating the term “Comstockery,” which he defined as “the world’s standing joke at the expense of the U.S.  Europe likes to hear of such things. It confirms the deep-seated conviction of the Old World that America is a provincial place, a second-rate, country-town civilization after all.”  H.L. Mencken was even more succinct on Comstock and his zealotry: “More than any other man, he liberated American letters from the blight of Puritanism.”

Books are no longer banned, though sometimes burnt in postwar rural America–a type of vigilante substitute motivated by the same censorious impulse.  Robert Atkins, in his 1994 essay “A Brief and Idiosyncratic History of Censorship” chronicles some of those book burnings in recent decades in rural America.  A compilation of six surveys by librarians and libertarian organizations identified the ten most attacked books in the U.S. between 1965 and 1994; they were The Adventures of Huckleberry Finn, The Diary of a Young Girl (Anne Frank), Black Like Me, Brave New World, The Catcher in the Rye, The Good Earth, The Grapes of Wrath, The Electric Kool-Aid Acid Test, Go Ask Alice, and A Farewell to Arms.

The McCarthy era spared neither composers nor performers if they appeared on its zealous radar: Eisler, Copland, Bernstein and a long list of Hollywood producers and actors exemplify the use of blacklisting as an effective form of censorship.

Despite these and other similarly negative examples, American composers and performing arts institutions have never been subject to the powerful censorship historically exercised by, for instance, the Roman Catholic Church (especially in Italy). As early as 1703 Pope Clement XI banned opera as immoral. The oratorio developed partially out of the prohibition against setting biblical and religious subjects in theaters. Nor have our composers been subject to the type of years of unrelenting interference that Giuseppe Verdi continually faced with the censors on the not-yet-unified Italian peninsula. None faced a Stalinist regime as Shostakovich did, nor, as we are discussing at length this weekend, the cataclysmic suppression of the Nazi Regime.

Is it justified to speak of censorship in our country, which was founded on the principle of freedom of speech and whose history, with occasional deviations, has upheld the values flowing from it?

 

Opening Pandora’s Box

September 4th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

Loved your recent Musical American newsletter article on ethics.  As a manager, I was very interested when you wrote: “Indeed, the time is long overdue to start considering changes to the long standing paradigms and business models between managers and artists that, for many reasons and for all parties, are no longer viable.”  Any chance I could get you to expand on that comment a bit? 

Must I? It’s only going to get me in trouble! Oh, well, here goes….

It’s hardly a secret that everyone throughout the arts industry is working harder and harder and earning less and less—and searching for both solutions and as well as excuses. Managers and agents are increasingly becoming frustrated with artists who they perceive as making unreasonable expectations and demands in exchange for paltry commissions. Artists are increasingly becoming frustrated with managers and agents who they perceive as earning large commissions but are unable or unwilling to provide the additional skills and services that they feel are necessary in today’s arts and entertainment marketplace.

While some managers are exploring different options (ie: fixed retainers, hourly rates, reduced commissions for more successful artists, etc.) others are wedded to the strict commission model. As I sit here typing this on my computer keyboard surrounded by my collection of quills and antique ink wells, I am the first to admit that I am a staunch traditionalist, resistant to change, and have even been described as “a walking ritual.” However, change is inevitable and merely continuing to claim that what worked in the past will work in the future, ignores the present realities. Assuming that there is some sort of “industry standard” that has and will survive the test of time is both unrealistic and short sighted.

Under the traditional agent or management relationship, managers and agents literally advance their services on the expectation that they will be compensated with an engagement commission at some point in the future and that, if the artist sticks around long enough and is successful, the agent or manager will recoup the initial investment of their time and efforts. While it’s intended to be a mutually beneficial partnership, is this still the case? Are the risks still equitable? While most certainly there are issues to consider far beyond mere economic and business challenges, being an impresario doesn’t always pay the bills. Part of what makes the performing arts industry so unique is the personal passion most agents and managers share for the work of the artists they represent. Nonetheless, even where the goal is to introduce an artistically important artist to new audiences and perpetuate critical art forms, selling tickets, booking engagements, and discovering new programming opportunities are all commercial enterprises. If the end result is that managers and agents simply cannot afford to stay in business, then everyone loses.

One often overlooked factor is that agents and managers are not used to thinking of their time as a valuable commodity. However, like attorneys, doctors, and others who provide personal services, managers and agents are primarily “selling” their time, expertise, and experience and the traditional commission model doesn’t often adequately compensate for the value of the time actually spent. Similarly, because artists think in terms of results, they often don’t have a realistic understanding of how much time and effort it takes to provide them with the services and results they require and often conclude they can find better deals elsewhere or on their own. In other words, a manager’s own success can often undermine the perception of how hard they are actually working.

It’s one thing for an agent or manager to advance their time, but I’m also increasingly seeing agents and managers advancing their own money to cover artist expenses with the expectation of being reimbursed by the engagement or tour fees. When did an agent or manager’s business plan including being a bank? I’ve even seen many managers and agents advance costs for airline tickets or tour expenses, including visas and taxes, out of their own pockets only to have the tour cancelled or an artist leave the roster. At what point is a tour or artist not worth saving?

All of this leads to some important questions: is a demanding artist actually “worth” the time and effort that they require? How do you deal with a demanding client base without killing yourself?  Is the commission model still viable? What services do artists really want, need, or expect? (Remember, at least from a legal perspective, the “client” of an agent or manager is always the artist, never the venue.)  Is there a more efficient or cost effective way of providing those services? Are managers and agents spending too much time learning new skills at the expense of focusing their time on those areas where they already have expertise? While in many instances, the traditional an arrangement is the only way a new or young artist can afford management or an agent, does this arrangement continue to make sense with more established and successful artists? Does it ever make sense for an agency or management company to become overely dependent upon commissions from top artists to underwrite the less successful artists on the roster? Are there other viable options to earning revenue than simply charging higher commissions? Hourly rates? Retainers? Fixed fees? Merging smaller agencies and companies into larger and larger behemoths? Are there different arrangements that might better serve artists as well as agents and managers?

While I obviously have my own thoughts and opinions on these topics, they would hardly be dispositive or universally applicable. There is never going to be a single solution that works for everyone and, ultimately, each agency or management is going to need to develop different solutions that work for them, their business plans and goals, and their artists. Still, I’d love to see more serious consideration and exploration of these topics on multiple levels. Frustratingly, whenever I am a party to workshops and discussions about “new business models”, it almost inevitably winds up being a discussion of how to “sell” artists to presenters and, rarely, if ever, an honest assessment of the field of management and artist representation itself. In other words, the focus of exploration tends to be outwards—how to sell better, package better, market better, and, in short, reach venues and presenters in different ways. While those issues are unquestionable important, there remains a perception that it’s the marketplace that needs to fixed. If you really want to examine new paradigms in a changing environment, agents and managers, as well as artists and presenters, will also need to look inwards and examine themselves as well.

Have a great season everyone!

__________________________________________________________________

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 Ran Dank and Soyeon Lee: How to Determine What to Charge for Your Concerts and Events

September 1st, 2014

Noted_Endeavors_LogoEugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors interview Ran Dank and Soyeon Lee.

International prize-winning pianists, Soyeon Kate Lee and Ran Dank started Music by the Glass in 2013 to create “an intimate, exhilarating and stimulating musical experience.” Taking place in art galleries in New York City, Music By The Glass is the first classical concert series in the US with a goal of having the majority of its funding and support from the younger generation. With a board of young professionals, MBTG is about great music, fine wine and good company.

We interviewed Soyeon and Ran just a few weeks before their first baby arrived on July 22, 2014. Welcome to the planet Noah Lee-Dank!

Read more about MUSIC BY THE GLASS

Festive Sides

August 29th, 2014

West relief and mosaic tympana of the National Theater in Munich

By ANDREW POWELL
Published: August 29, 2014

MUNICH — Staged works and the legendary Lied evenings hold the limelight here at the annual Opernfestspiele, begun 139 years ago. But veins of chamber music and, since 2008, choral programming run through the five-week schedule, lending scope and affirming organizer Bayerische Staatsoper’s depth of musicianship. The chamber offerings can be hit or miss, depending on the precise collaborations of Staatsorchester members and their scores; string trios on July 24 proved a hit. The choral initiatives attempt to thread back to the company’s 16th-century roots as a Kantorei, drawing on Staatsopernchor members passionate about church repertory; Rossini’s Petite messe solennelle on July 23 proved a stretch.

David Schultheiß (violin), Adrian Mustea (viola) and Allan Bergius (cello) teamed collegially at the ornate Cuvilliés Theater. Their nervous way with Beethoven’s C-Minor Trio from Opus 9 left the 1798 piece sounding brittle and oddly pale, but in Dohnányi’s charming, unpredictable, five-movement Serenade in C (1902) things shifted into vibrant high gear underpinned by Bergius (who once had another career), peaking in the chromatically salted Scherzo. Mozart’s E-flat Divertimento, K563 (1788), with its searching Adagio and rich minuet movements, served as flattering vehicle for the stylish and technically assured work of Schultheiß, one of the orchestra’s concertmasters. Mustea’s unusually resonant viola, here and throughout, provided a firm sense of ensemble and ensured a memorable night.

The 1863 Mass was a feasible festival choice for the reborn “Münchner Hofkantorei,” not needing an orchestra. Even so, its ironic jolts and the matter of choral direction versus leadership by the principal piano tended to defeat efforts at the Court Church of All Saints. Staatsopernchor member Wolfgang Antesberger aptly paced the score and directed robust performances of the Gloria and Credo choruses. But Rossini leaves much of the initiative to the first pianist, requiring bold propulsion and phrasing that Sophie Raynaud at times lacked, although her Prélude religieux took good shape. Solo singing varied widely in quality and approach.

Photo © Wilfried Hösl

Related posts:
Horn Trios in Church
Blacher Channels Maupassant
Manon, Let’s Go
Mahler 10 from Nézet-Séguin
Verdi’s Lady Netrebko

Frans Brüggen—Competitor with the Greats

August 28th, 2014

By Sedgwick Clark

Hearing Frans Brüggen’s recording of Mozart’s 40th and Beethoven’s First on Philips was a “eureka” moment: at last, someone from the authentic-performance school who was equally illuminating and individual to stand with Walter’s early-’50s Mozart, Szell’s Beethoven, and selected performances by Toscanini, Furtwängler, Monteux, Klemperer, and others from whom I first learned the classical repertoire. Soon I would be comparing Brüggen’s and Bernstein’s very different but equally joyous Haydn interpretations.

Brüggen, the eminent recorder player and conductor, died on August 13th in Amsterdam. For my money, he stood head and shoulders above all those period-instrument proselytizers who cropped up in the mid-1970s and ’80s—Norrington, Hogwood, Gardiner, et al. Perhaps because he already had a major career as a virtuoso recorder player and entered conducting as a fully formed musician, his style had acquired a freedom and character that eluded many of his fellow authenticists.

I got to know Brüggen and his artistry primarily through his recordings on Philips with the Orchestra of the 18th Century, which he co-founded in 1981. Fortunately, however, he and his players were frequent guests at Lincoln Center, usually at Mostly Mozart. He would walk quickly to the podium, bow nervously, and fire the downbeat at his players as if pursued by the furies. His music-making was electric, unpredictable, and, above all, expressive. Just announced on the Glossa label are his new recordings of Mozart’s last three symphonies, distributed by Naxos. I can’t wait to hear them.

Minnesotans Believe in Their Orchestra

Following mixed news from Atlanta (Musicalamerica.com, August 27)—that the new executive director, Stanley Romanstein, had reduced the $23 million deficit to $5 million but also reduced the size of the orchestra from 95 to 88 players and a 52- to 42-week season—there’s great news from Minnesota. A press release arrived yesterday from the Minnesota Orchestra, announcing a $10 million “leadership gift” from anonymous donors “in order to inspire others with the capacity for leadership gifts to support the Orchestra.” Subsequently, gifts totaling $3.2 million were donated as well.

May we assume, therefore, that after an 18-month lockout the Orchestra is on the road to recovery? With Osmo Vänskä back as music director, there can hardly be any doubt.

Mostly Moonstruck at Lincoln Center

August 14th, 2014

By Sedgwick Clark

Lincoln Center was once a place I avoided like the plague in the summer—staid programs, mediocre performances—but there’s no denying that the kinks have long been worked out of its two major summer festivals. One may have one’s likes and dislikes, as I expressed last week about three of this summer’s Lincoln Center Festival offerings, but this series’ events have been imaginatively concocted from the very beginning, in 1996, under directors John Rockwell for the first two seasons and thence by Nigel Redden.

Lincoln Center’s long-popular Mostly Mozart Festival has been in good shape for so long that many New Yorkers have forgotten that the orchestra was a scrappy band of sight readers before Gerard Schwarz was named its first music director in 1984 after two years as music advisor, during which he had transformed its performance level and previously formulaic repertoire immeasurably. But even he eventually succumbed to the straitjacket of box-office demand (“The first concert to sell out is the all-Vivaldi one,” he once groaned to me with exasperation) and was controversially eased out by LC Artistic Director Jane Moss. French conductor Louis Langrée was enlisted as MM’s new music director, and he and Moss have varied both artists and repertoire quite successfully, on a consistently reliable performance level.

Take, for example, last Saturday’s canny non-Mozart program conducted by Finnish conductor Osmo Vänskä (MA’s Conductor of the Year in 2005). This was his first New York appearance since slaying the Tea Party union busters on the Minnesota Orchestra’s board of directors and triumphantly returning to his post as music director. All of the works were well known, yet together they seemed brand new. In Prokofiev’s Classical Symphony, Shostakovich’s First Piano Concerto, and Beethoven’s Eighth, every instrumental choir spoke in perfect balance, revealing ear-opening details, sprightly rhythms, witty accentuation, and Vänskä’s trademark ability to coax feathery ppps from the strings. There were moments when more sound would have been desirable, but the results overall were so musical that complaints were minimal.

The astonishing 27-year-old pianist Yuja Wang was playing the concerto for only the fourth time, and she brought the house down midway in the concert with the parodic silent-movie burlesquerie of the Shostakovich concerto, scored for solo piano, strings, and trumpet (magnificently played by the London Symphony’s new first trumpet, Philip Cobb). Backstage afterwards I suggested that she should record the two Shostakovich concertos and she laughed, “The Second is too easy.” Well, he had composed it in the mid-Fifties for his young son, Maxim, but it’s a delightful piece, nonetheless. She had played the First at the Hollywood Bowl earlier in the summer along with Prokofiev’s saucily virtuosic First Concerto for the first time; seems to me that the two Shosta’s and the Prok First would make a great coupling. Then, as sales roll in, Deutsche Grammophon could pair her in Prok’s hugely virtuosic Second and Third concertos, and then finish the cycle with Prok’s Left-Hand (the Fourth) and Fifth and throw in Khachaturian’s Piano Concerto. What a great CD trio of 20th-century Russian piano classics!  Are you listening, DG?

The concert was short by current standards, and PK and I were strolling on Lincoln Center’s Plaza by 9:45. Happy visitors surrounded the fountain. A brilliant full moon was in perigee, and several members of the Amateur Astronomers Association of New York were on hand with their telescopes to give onlookers the opportunity to view craters close-up. After taking a good look (the craters are most visible on the rim of the moon, we were reliably informed), we bought gelatos and settled down comfortably amidst the trees facing the Henry Moore sculpture in the reflecting pool and what Juilliard students have dubbed the “grassy knoll.” I must admit that the Center’s renovations have successfully opened up the original, clunky design of this part of the plaza, which is now more in tune with Eero Saarinen’s spacious Vivian Beaumont Theater design, which was always recognized as the most attractive building of the Center.

If regular readers suspect that I’ve lost my customarily jaundiced mind, all I can say is that such post-concert reverie must be the product of the music-making we had just heard.

Leon Fleisher – All the Things You Are (CD Review)

August 13th, 2014

Leon Fleisher

All the Things You Are

Bridge Records CD 9429

 

At 85, pianist Leon Fleisher remains as compelling a musician as ever. Since the mid-1960s, due to battling an affliction called focal dystonia that affected two fingers on his right hand, Fleisher is best known for championing repertoire for the left hand alone. Thanks to advances in medical technology, in recent years he has sometimes returned to playing two-handed repertoire. But on his latest CD for Bridge Records, Fleisher presents a recital program that predominantly features left-handed pieces.

 

Brahms’s transcription of the Chaconne from Bach’s Violin Partita in D minor has become a centerpiece of Fleisher’s live appearances; it is rendered here with nuance, suppleness, and exquisite shaping of the composition’s large-scale architecture. Musical Offerings, three pieces written by George Perle to commemorate Fleisher’s 70th birthday, are excellent examples of the composer’s Bergian harmonic language and angular gestural palette. Quite rangy, they are never registrally confined, as pieces for left hand could tend to be. Inspired by Emily Dickinson’s poem Wild Nights and Edna St. Vincent Millay’s poem Renascence, LH, written by Leon Kirchner for Fleisher, is a beautiful chromatic essay, at turns tumultuous and lushly hued. Dina Koston’s Thoughts of Evelyn, the sole two-handed work on the CD, pits rampant arpeggiations against short melodic fragments, building intricate textures and intriguing harmonies out of this deliberately limited set of materials. Federico Mompou’s Prelude No. 6 meanders a bit in places, but also features rapturous moments filled with arcing melodies and luxuriant Neo-romantic harmonies.

 

The CD also contains two transcriptions of show tunes. Earl Wild’s rendition of George Gershwin’s “The Man I Love” is hyper-romantic and another example of a left-handed piece that makes full use of the piano’s compass to stirring effect. Fleisher’s ability to separate out the various voices into melodic and accompanimental gestures really makes it ‘sing.’ The CD’s title work, a famous song by Jerome Kern, is supplied a poignant arrangement by Stephen Prutsman. Fleisher plays it molto legato, employing a decent helping of rubato, but never allowing the song to seem cloying. It serves as an affectionately rendered and eloquent closer.