RIP Peter Sculthorpe (1929-2014)

August 8th, 2014

 

One of Australia’s foremost composers, Peter Sculthorpe, has passed away at the age of 85. Sculthorpe’s extensive body of work (including eighteen string quartets) addressed a wide range of subjects, including the Iraq War, the plight of detained immigrants seeking asylum in Australia, and climate change. His music demonstrates a polyglot palette that includes Aboriginal and Asian influences.

Here is a link to video of Sculthorpe’s Twelfth String Quartet (from Ubirr), performed by the Zephyr Quartet.

 

 

Lincoln Center Festival Memories

August 7th, 2014

By Sedgwick Clark

The Tsar’s Bride

What a night at the concert opera, primarily due to the conducting of Gennadi Rozhdestvensky! Returning to New York after far too many years for a pair of performances of Rimsky-Korsakov’s opera, he reminded listeners once again of the importance of character in a musical performance. A silly, self-evident observation, you say? Some complained of ragged attacks—in fact, the opening of Act III was so messy that Rozhdestvensky banged his music stand twice with his baton to get the Bolshoi players in tempo—but I couldn’t have cared less in light of the abundant warmth and beauty achieved at their maestro’s broad pacing. Moreover, the soloists inhabited their roles with extraordinary verve (with Agunda Kulaeva’s dark, dramatic mezzo as Lyubasha a knockout). Only the erratic subtitles detracted from the July 12 performance.

Rozhdestvensky is 83, and the Met, the Philharmonic, Lincoln Center, or Carnegie would do well to get this great conductor back to New York again before it’s too late.

The Passenger

Houston Grand Opera’s impressive production of Mieczyslaw Weinberg’s opera at the cavernous Park Avenue Armory on July 13 was superbly produced, directed, and performed. The action takes place on two levels: Aboard an ocean liner bound for Brazil in the 1960s and inside the Auschwitz concentration camp during World War II. A tri-level set depicts the ship, and moving train cars on stage represent the Auschwitz scenes. The orchestra, well conducted by HGO Music Director Patrick Summers, was off to the right of the set. Too bad the music evanesced in one’s memory so quickly. Of all the subjects one might expect to be composed in a dissonant idiom, this is it. But such is not Weinberg’s style, and I found the music joltingly consonant as well as unmemorable. Equally disconcerting, the Auschwitz train was too damn clean. Did the Nazis hose them down after each trip? Frankly, my most lasting memory was that the music ended and the lights went down everywhere but the spot on the conductor, which remained for several seconds before dimming. Never underestimate a conductor’s ego.

Swan Lake

I expected more than facile beauty from the Bolshoi’s Swan Lake on July 15. The corps was lovely, Svetlana Zakharova (Odette/Odile) was obviously quite accomplished but seemed to me straight out of Dracula’s castle, and David Halberg (Prince Siegfried) seemed to be marking time until his next lift. The Bolshoi Orchestra sounded distant and wan in the David H. Koch Theater, perhaps due to my usual experience of the music on record by the world’s greatest orchestras in the finest recording venues. But about Pavel Sorokin’s inexpressive conducting and cloddy ritards at the end of many of the dances I can unequivocally say I loathed it.

“Switzerland in America”

July 31st, 2014

By Sedgwick Clark

That’s how Werner Klemperer described Aspen to me when he was performing at the town’s noted music festival in the early ’80s. When I arrived in Aspen to cover the Music Festival’s 1977 summer season for Musical America (December ’77), the town’s first stoplights had been installed recently, riling old timers who saw their community threatened by traffic and chain stores. Much had changed in Aspen when I dropped in for an all-too-short stay a few weeks ago. Stop lights are everywhere now, and dire warnings of “charging moose” dot the local papers. So we set out at dusk for the Maroon Bells mountain range, one of their favorite spots. One walked past us nonchalantly about 30 feet away to frolic in Maroon Lake. Seemed less dangerous than the bear my sister chased out of her kitchen down by the Roaring Fork River last year.

The festival had built a new chamber-music hall in 1993 and renovated its music tent in 1999 since I was last there. I attended a concert in each venue and was pleased to find that the solo artists were all Musical America honorees.

At first glance the programming seemed awfully tame compared with the more adventurous seasons of yore. But upon perusal of the program booklet I saw that the 2014 theme is “New Romanticism.” Fair enough—I have nothing against Romanticism, and there’s a reason it’s such an audience pleaser.

Pianist Wu Han and cellist David Finckel (MA Musicians of the Year, 2012) have been concertizing as a piano trio with Emerson String Quartet (MA Ensemble of the Year, 2000) violinist Philip Setzer for many years, but it took a visit to Aspen to hear them at last. Their performances of Beethoven’s Op. 1, No. 2, Shostakovich’s Second Piano Trio, and Dvořák’s Dumky Trio were up to snuff for these fine musicians, bathed in the 500-seat Harris Concert Hall’s well-nigh ideal balance of spaciousness and presence. Wu Han’s tone, in particular, had a pearly warmth not always evident in New York’s dryer Alice Tully Hall acoustic, where she often plays as co-director, with husband Finckel, of the Chamber Music Society of Lincoln Center. Perhaps the difference also reflects Rocky Mountain mellow vs. Manhattan edge.

It’s hard to imagine that such excellent acoustics would be clothed in such an unappealing edifice, however. Whatever architect Harry Teague had in mind—blending into the mountains, rusticity, or the obvious, a half-sunken garage—it’s just perplexing. Start with the entrance: It’s a garage door! (Read that sentence in the exasperated tones of The Daily Show’s Lewis Black.) One descends two sets of stairs lined with gray fabric to a cramped, rectangular lobby, painted a queasy shade of yellow. Yuck. We’ll just call the building Nouveau Garage and be happy with the blissful acoustics.

The sound in the main music tent used to be distant and dessicated, so I always tried to find a seat down front. It’s still a mite distant from the middle of row P, but the sound is clear, warm, and tonally refulgent. Those Aspen Chamber Symphony double basses really projected. And the tent is pretty too. Bravo!

Festival Music Director Robert Spano (MA Conductor of the Year, 2008) led fine, well played, if a bit impersonal, performances of Beethoven’s Coriolan Overture and the Fifth Symphony. More crackling electricity in the overture and rhetorical tightening of tempo in the symphony’s coda would have been welcome. But there were many insightful touches along the way, including the positively spooky winds in the bridge passage connecting the third and fourth movements—perfect! In Bartók’s Second Violin Concerto, Gil Shaham (MA’s Instrumentalist of the Year, 2012) made much of the glissandos and, with Spano’s superb collaboration, coaxed innumerable fresh details and ravishing pianissimos from the piece. A great performance.

Okay, guys, how about plying your magic next season on the Hindemith Violin Concerto?

Welcome To The New Visa Reality!

July 24th, 2014

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

We filed visa petitions for O-1 and an O-2 visas. USCIS is asking for a contract between each of the O-2s and either the petitioner or the employers. This has never been an issue before and we’ve been doing this for 20 years. They are also asking for a union consult letter for one of the O-2s whose title is “Movement Coach.” We got a consult from IATSE for the others, but IATSE doesn’t cover this. USCIS is suggesting that we get a consult from AGMA. Do we have to do that? Can we use a letter from a peer organization like TCG or APAP instead?

Thanks for giving me an excuse to rant about USCIS and the new challenges of obtaining visas for artists who wish to perform and tour in the U.S. I haven’t done that for almost a month now.

Both the Vermont and California Service Centers continue to shoot back frustrating Requests for Evidence (RFEs) and to scrutinize petitions like never before. They appear to be paying special attention to O-2, P-1S, and P-3S petitions for support staff. It has now become de rigueur for USCIS to require that employment terms for each member of the support staff be specified, including who is paying them and how much they are being paid. They are also asking for resumes for each person and a specific statement of why each person is necessary and critical to the performance or concert.

You can also expect new troubles with P-3 petitions for culturally unique artists and groups. While P-3 petitions have always had their own complexities, both service centers are now reiterating that an artist or group cannot be culturally unique and also perform anything that is “contemporary” or “modern.” One RFE I saw stated that: “The contents and themes of a particular form of art may also contain elements and influences of a given culture, and yet still not meet the definition of “culturally unique.” Also, simply because a form of art may be unique, it does not necessarily follow that it meets die regulatory definition of “culturally unique.” Another USCIS examiner recently wrote:

It is not enough for the author of a testimonial letter to simply state that the beneficiaries have cultural, artistic, and/or culturally unique skills. The testimonials should be detailed and specific in describing what the beneficiaries’ skills are; how the beneficiaries obtained those skills; how and why those skills are associated with a “culturally unique” art form; and what the defining aspects of the beneficiaries’ particular art form are that make it “culturally unique” as opposed to other forms of the creative activity or endeavor. Furthermore, it is not sufficient to simply state that an artist represents his or her culture.

Speaking of testimonial letters, I am continuing to see USCIS request “independent evidence” establishing that each expert is, in fact, a “recognized expert.” Whether or not this means that the experts must now have experts, simply attaching the expert’s resume is no longer sufficient. USCIS is continuing to ask for articles and websites verifying each expert’s credentials.

In addition to targeting P-3 petitions and petitions for support staff in all categories, USCIS also appears to be focusing the all-seeing eye of Sauron on young artists, particular recent graduates who may still be in F-1 status. Any appearance of the words “young” or “rising” or “up and coming” will bring a certain RFE. You also need to focus on the “professional” work of the artist and put as much distance as you can between the artist and any school or training experience.

As for union consultations, letters from peer groups and service organizations have never been an alternative where a union covers the specific job title. However, while USCIS may have let this slip in the past, this is no longer the case. If they even smell the applicability of a union, then you must provide evidence of a union consultation (which could include a union objection. Remember, the unions do NOT have to approve any petition. They only have the right to be “consulted.”) In your case, USCIS is correct: AGMA is the appropriate union for a “Movement Coach.”

USCIS is also being remarkably inconsistent in processing times, as well. Just this week, I received an approval notice from the California Service Center three days after the petition was filed—and without premium processing! I’m not complaining, but the same service center took over three months to adjudicate a petition I filed in April. More recently, the Vermont Service Center approved a P-1 petition in two weeks, but lost the accompanying P-1S petition I had filed at the same time. This only serves to make an already unpredictable process even more unpredictable. The only thing I can say with certainty is that the “official” reported processing times that you will find posted on the USCIS webpage are about as reliable as a cheesecloth condom!

The best you can do at this point is exhaustively document your petitions, allow lots of extra time, plan for the worst, anticipate USCIS stupidity, and, with any luck and few talismans, be pleasantly surprised. In short, whatever you did in the past, all that changed after January 2014. Welcome to the new visa reality!

__________________________________________________________________

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

 

Music for Heart and Breath

July 17th, 2014

richard reed parry

 

 

Richard Reed Parry

Music for Heart and Breath

DG CD

 

Richard Reed Parry is best known for his work in the Grammy award-winning band Arcade Fire. He is also active as a composer of concert music. On his debut portrait disc in this latter role, he enlists an all star roster of talent to interpret his music, including Nico Muhly, Nadia Sirota, yMusic, members of ACME, and none other than the Kronos Quartet. Parry also contributes as a pianist and bassist.

 

Music for Heart and Breath takes as its starting point the respiration and heartbeats of its performers. Wearing stethoscopes and paying careful attention to their breathing, performers work their way through Parry’s scores with these serving as guidelines and signposts: there is no exterior metricity imposed on the musicians. Although breath and heartbeats have long been featured in lyrics and in concepts of teaching and “feeling” music, Parry’s approach takes this idea to a whole different level. It also virtually guarantees that no two performances of his work will sound alike. Indeed, the liner notes point out that the tempi of many rehearsals of his work are much slower than live performances, where nerves and adrenaline kick things up several notches.

 

In order to accommodate the fluctuations inherent in this approach, Parry sticks to a relatively simple, often modal, harmonic palette. Pizzicato strings weave in and out of ambling melodies and softly executed glissandos. The constant feeling that things are ever so slightly out of sync is instead what gives the music its tang. One senses kindred spirits such as Feldman and Nancarrow, both composers who revelled in unorthodox processes and delicious asymmetry, in Parry’s work. That said, while Music for Heart and Breath contains some fascinating moments of music-making, one feels sated with this approach by the end of the recording. Once the stethoscopes come off, I hope (and I trust) that Parry will have more ideas that will allow musicians leeway for innovation in performance.

 

Is Ethics Only In The Eye Of The Beholder?

July 17th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

An artist we have been representing for over 10 years just told us that he is leaving our roster and will be joining the roster of another management company. We didn’t have a written agreement, but we’ve never needed one as we’ve always believed that if you act ethically and professionally, others will do the same. While we think the artist is making a mistake, we are not interested in arguing his right to leave and want to make the transition amiable. The artist has agreed to honor our commissions for the dates we have booked. However, the question has come up as to whether we are obligated to give the artist all of the leads and contacts we have been pursuing on his behalf that have not been booked yet. That doesn’t seem fair. We have been working on some presenters for years, have invested a lot of time, and consider that to be our proprietary information. If we turn all of that over to his new manager, that’s just going to be a gift to the new manager who will follow up on all of our work and take the commissions. Are there any laws about this? If I am legally required to turn over all of my work, is there a way I can still refuse unless the artist agrees to pay me? 

I’m glad to hear that you are “not interested in arguing his right to leave” as, without a written contract, there is nothing to argue. The artist has the right to leave whenever he wants. As for the issue of the artist’s right to the leads and contacts you have been pursuing on his behalf, even if you had a written agreement, it wouldn’t help you get the outcome you want.

Yes, there are laws that govern this scenario, but be forewarned: you aren’t going to like them.

Legally, anyone who represents someone else (attorneys, realtors, accountants, employees, artist agents and artist managers, etc.) are all considered “agents”. The people they work for are called “principals.” The Law of Agency governs the relationship between agents and principals. While the Law of Agency imposes duties on both agents and principals, for purposes of this discussion, there are four key concepts:

(1) An agent works for the principal and, while the agent can advise the principal, the agent must follow the instructions and directives of the principal.

(2) An agent can never put his or her own interests above that of the principal.

(3) All of the “results and proceeds” of the agent’s work on behalf of the principal belongs to the principal.

(4) Any contractual provision, written or oral, that contravenes rules (1) – (3) is null and void.

In short, when a manager represents an artist, the manager has no proprietary information. In other words, those aren’t your leads and contacts, they are the artist’s. While your leads and contacts may start out as your own, once you contact someone on behalf of an artist, the artist is legally entitled to know anyone you have spoken to on his or her behalf, including the details of such conversation. Moreover, unless there is an agreement to the contrary, the artist is also free to contact anyone directly on his own behalf. While I realize, at the outset, this might seem unfair, bear in mind that the Laws of Agency were designed to protect the agent in that, by complying with such laws, an agent is not liable for the actions of the principal. That’s important if an artist decides to cancel a date or breach a contract you negotiated. It is also important to know that, when entering into a relationship with an artist, the Laws of Agency do not prohibit you from negotiating whatever fees and payment terms you believe will compensation you for your time. You are not limited to seeking commissions on booked dates. Assuming the artist agrees, you can ask for commissions on potential dates as well as confirmed dates, repeat clauses, hourly fees, retainer payments, or any formula or terms that the parties agree to. (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.) However, if all you ask for is commissions based on booked dates, and there is no agreement, written or oral that entitled you to anything else, then there is no right to commissions based on dates “in the works” regardless of how much time and effort you have spent.

Despite a legal requirement to turn all leads and prospective dates over to the artist, you ask whether or not you can nonetheless “refuse unless the artist agrees to pay me.” Sure. You can always just refuse and force the artist either to spend the time and money to sue you, pay you for disclosing the leads and contracts, or sulk away angrily letting you keep what you believe—albeit, incorrectly—is rightfully yours. People refuse to honor legal obligations all the time. In fact, you may yourself be familiar with presenters who cancel dates and refuse to honor full-executed and legally binding engagement contracts claiming such things as “poor ticket sales” or “lack of funding.” Over the years, this blog has been replete with such tales and you can imagine the cries of “unethical” and “unprofessional” that arise from the managers who booked those dates.

You seem to be suggesting that, while you believe in acting ethically and professionally, you are also more than willing to consider acting unethically and unprofessionally if it is to your advantage to do so. I’m all for self-delusion, in fact, its one of my own cherished survival skills, but don’t confuse that with ethics.

_________________________________________________________________

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

Botstein and the ASO Exhilarate at 20

July 10th, 2014

By Sedgwick Clark

Leon Botstein just ended his 20th season as music director of the American Symphony Orchestra, during which he led an opera-in-concert performance of Richard Strauss’s Feuersnot, Bruch’s oratorio Moses, a concert of English music that included Walton’s Symphony No. 2, which Botstein called “one of the great symphonies of the twentieth century” (I’d say that about his First, myself), an impressively conducted retrospective of the late Elliott Carter’s music, and an equally impressively conducted program of 1920s avant-garde music by Antheil, Griffes (hardly modern, but a lovely respite in a challenging evening), Ruggles, Copland, and Varèse. The latter two’s Organ Symphony and Amériques, respectively, were masterful. Need one add “rarely played” to modify any of these works?

His final concert of this season, on May 30, was downright exhilarating. The ASO is shipshape these days, the program featured neglected works by Reger, Bloch, Ives, and Szymanowski during World War I, and performances were largely successful. As always, Botstein’s program essay was enlightening. He still resists taking the bull by the horns and interpreting the music, apparently believing that an accurate presentation of the notes is sufficient. Max Reger’s hymn to German supremacy, A Patriotic Overture (1914), complete with nods to Bach, Haydn, Bruckner, and Brahms, was properly broad in tempo and solemn in demeanor. I might have welcomed a touch more vigor and variation, but for all I know the performance was right on the metronome mark.

Whatever happened to the music of Ernest Bloch? Perhaps his attempt to capture what Botstein calls “Jewish national aspirations” in his music has caused conductors to think that it lacks universal appeal. Not even the once-popular cello concerto, Schelomo, gets played with any frequency these days. Well, I’m as W.A.S.P. as they come, and I enjoyed Bloch’s seldom-played Israel Symphony (1912-16)—and Botstein’s performance—immensely. Okay, the second movement (Allegro agitato, “Yom Kippur”) lacked atonement to my goyish ears. But in the outer movements, Botstein proved the Israel a moving experience.

Charles Ives composed his knotty Orchestral Set No. 2 in horrified response to the sinking of the British liner Lusitania by a German U-boat on May 7, 1915, which resulted in the deaths of nearly 1,200 passengers and led to the U.S. entrance into World War I. However noble its aspirations, I’ve always found it less engaging than the sensuous, pictorial First Orchestral Set, better known as Three Places in New England, or the wild mish-mash of the Fourth Symphony. Botstein calls No. 2 “a startlingly courageous essay in musical form, one that in its third movement highlights America’s exceptional status and dramatic entrance into a transformative historical event.” This Ives fan remains unconvinced, but not even Stokowski made much sense out of the piece.

Szymanowski’s steamy Symphony No. 3 (“The Song of the Night”) made for a resounding finale. Suffused with Scriabin, Ravel’s Daphnis et Chloé, and Szymanowski’s own personal brand of sensual orientalism, the Third is one of his most alluring works. The composer’s advocates have been predicting imminent acceptance for decades. Performances of this caliber are certainly in the right direction.

Glenn Dicterow’s NYPhil Heritage

How well I recall Glenn Dicterow’s initial concert in 1980 as the New York Philharmonic’s new concertmaster. I weaseled my way backstage, where I found him, shook his hand, and exclaimed, “At last we have a concertmaster!”

The Phil had had 14 years of six concertmasters or acting concertmasters since the retirement of John Corigliano, Sr., in 1966 after 23 years. His successor, David Nadien, who died only six weeks ago at age 88, had lasted for four years before returning to his previous, more lucrative pastures of recording studio commercials. I used to see him walking near Lincoln Center; he was the unhappiest looking man I’ve ever seen. Three of his successors were at the tail end of distinguished careers, one had very suspect pitch, and another hated playing in the Phil so much that he quit midterm to become concertmaster in Dallas and, later, a highly praised teacher.

The 31-year-old Dicterow was already a born leader when appointed to that position by Zubin Mehta. Thirty-four years later he is leaving the Philharmonic to join the faculty of the University of Southern California Thornton School of Music as the Robert Mann Chair in Strings and Chamber Music. A lot of West Coast violin students will thank their lucky stars.

The Philharmonic has thoughtfully released three well-chosen albums of Dicterow’s invariably musical solo concerto performances. The first, available on CD and download, contains Bruch’s No. 1 (Maazel, 2009), Bartók’s No. 1 (Gilbert, 2012), the Korngold (Robertson, 2008), and John Williams’s Theme from Schindler’s List (Williams, 2006).

The second and third albums are available on download only. The second contains Aaron Jay Kernis’s Lament and Prayer (Maazel, 2005), Bernstein’s Serenade (Bernstein, 1986), the Barber (Masur, 1996), and Waxman’s Carmen Fantasie (Mehta, 1990). The third album contains Prokofiev’s No. 2 (Mehta, 1985), Szymanowski’s No. 1 (Masur, 2004), and Shostakovich’s No. 1 (M. Shostakovich, 1982).

Superb Chamber Music at ERC

ERC? That’s the Ensemble for the Romantic Century, which has been mounting “theatrical concerts” since 2001 under the artistic direction of pianists Eve Wolf and Max Barros. The concerts “interweave dramatic scripts based on letters, memoirs, diaries, and other literature with music, reinforcing the music’s historical context through its connections with history, politics, philosophy, and the other arts.” Purists may sniff at such conflation, but the company’s thoroughly entertaining “The Trial of Oscar Wilde,” heard at Symphony Space on June 20, was also one of the best chamber-music concerts I heard this season.

Chausson’s Concerto for Violin, Piano, and String Quartet was the main work, its four movements spaced out throughout the evening among well-chosen pieces and movements by Satie, Fauré, Franck, Vaughan Williams. Interspersed between the musical selections, Oscar Wilde (Michael Halling) pleads innocent of his indiscretions with many of the famous witticisms for which he was famous, all for naught against the supercilious prosecutor, Lord Queensbury (Robert Ian Mackenzie), and Britain’s strict laws against “the love that dare not speak its name.”

One would think that the ERC’s young musicians had performed together for years. Violinist Susie Park, veteran of the group, hails from Australia and has many credits to her career; she was violinist of the Eroica Trio from 2006-12 and becomes concertmaster of the Kalamazoo Symphony next season. Russian pianist Daria Rabotkina has a Masters from Mannes and a Doctorate from Eastman, but such gorgeous tone and natural rubato doesn’t come from teaching alone.

ERC’s next program is entitled “Beethoven’s Love Elegies,” about his search for the perfect wife. It’s in the Berkshires, July 16-August 3, at The Stables Theatre at Edith Wharton’s The Mount, 2 Plunkett Street, Lenox, MA.

When Is A “Work For Hire” Not A “Work For Hire”?

July 10th, 2014

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

An orchestra commissioned one of our artists to make an arrangement of a work for them to perform. We agreed that it would be a “work for hire.” Now, the orchestra wants to record their performance of the arrangement and has come to us asking for the artist’s permission. It was my understanding that a “work for hire” meant that the orchestra owned it. Is that not the case? If they own it, why are they asking us for permission? If they record it, can the composer still ask for royalties even though the commission agreement stated it was a “work for hire?” What am I missing?  

You’re not missing anything. You are absolutely correct that when a commission agreement expressly states that the commissioned work will be a “work for hire”, then the commissioner owns it. In which case, the composer isn’t entitled to anything beyond the commission fee.

Apparently, however, the orchestra doesn’t understand what a “work for hire” means. The orchestra was either using a commission agreement template they didn’t understand or believed that the term “work for hire” meant they were hiring someone to do work. Regardless, playing with templates and “legalese” is like self-medicating—someone always winds up in the ER.

If the orchestra has come to you of its own volition asking for the artist’s permission, then I would offer to grant permission in exchange for a mechanical license or other appropriate royalty. If they agree, then you have just obtained royalties for your artist that he or she would not otherwise be entitled to. Just because the orchestra legally owns the arrangement doesn’t mean that it can’t make a subsequent and legally binding agreement to pay royalties to your artist even though they are currently under no obligation to do so. Would you be taking advantage of the orchestra’s misunderstanding if the rights it already has? Perhaps, but I would submit that keeping any royalty to the statutory minimum and allowing the artist to obtain what should have been negotiated in the first place mitigates the karmic debt. Besides, rationalization and self-delusion are among the vital cornerstones of the arts industry.

________________________________________________________________

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!

 

 

Blacher Channels Maupassant

July 7th, 2014

Blacher’s Die Flut at the Reithalle in Munich

By ANDREW POWELL
Published: July 7, 2014

MUNICH — It was standing room only for Die Flut yesterday (July 6). Not only was Boris Blacher’s 1946 radio opera sold out, but the audience was expected to stand or stroll through it, as directed by Aernout Mik at a former riding hall here. Improbably part of Bavarian State Opera’s summer festival, the event introduced conductor Oksana Lyniv, the attractive new assistant to Kirill Petrenko.

Blacher might not normally draw a big crowd, but we live in visual times and “video-installation artist” Mik has a following. Hiring him must have seemed a safe bet: he could do whatever he wanted to enhance a work conceived for radio. Sadly he brought only distractions.

Visual cues abound in Die Flut, which reworks an 1885 nouvelle by Guy de Maupassant, L’épave (The Wreck), about an insurance appraiser who journeys from Paris to the endless sandbanks of the Île de Ré where a claimant’s boat has run aground an hour’s walk out from shore. The appraiser approaches the wreck:

Elle semblait sortir du sol et prenait, sur cette immense étendue plate et jaune, des proportions surprenantes. Je l’atteignis enfin, après une heure de marche. Elle gisait sur le flanc, crevée, brisée, montrant, comme les côtes d’une bête, ses os rompus, ses os de bois goudronné, percés de clous énormes. Le sable déjà l’avait envahie, entré par toutes les fentes, et il la tenait, la possédait, ne la lâcherait plus. Elle paraissait avoir pris racine en lui.

But Bay of Biscay tides, he has been warned, need rise only centimeters to cut him off. And sure enough he winds up surrounded by rising water and expecting to die as night descends — in the company of others, as it turns out, including an 18-year-old girl who is feeling cold.

Heinz von Cramer’s postwar German libretto for Blacher is the shrewdest of adaptations, retaining the salty scene and perilous sandbanks while exploring through modified roles some harsher effects of the sense of imminent death.

Cramer’s appraiser is a wealthy banker (Der alte Bankier, bass Miklós Sebestyén) who fatally tries offering cash to fellow tide victims (Der Fischer, baritone Tim Kuypers, and Der junge Mann, tenor Dean Power) if they would only swim ashore for help. His money, tellingly, proves irrelevant as the water rises, supreme as it recedes. And then there is the girl (Das Mädchen, soprano Iulia Maria Dan).

Mik missed it all. His contribution, trite mini-movies of rescues and rituals looping incessantly on screens over our heads, appeared canned, as if the director had merely used the occasion to showcase unrelated pre-existing work. He failed to set Maupassant’s remarkable scene or exploit its potential.

The action itself proved intense, though, partly because the four protagonists were confined to a platform, along with a commenting chorus and the instrumentalists (a dozen members each from the Bavarian State Opera Chorus and Bavarian State Orchestra). This shunted slowly from one end of the 80-yard hall to the other, and back, as the story unfolded, while two dozen mimes mingled with the fluid audience, gesturing in sync with each mini-movie.

Blacher’s mostly tonal 40-minute score for the singers, five wind instruments and string quintet (augmented to a septet yesterday) places passion in the voices but irony in the jaunty, blues-tinged, light-textured accompaniment. It is alas not especially original or memorable.

Lyniv secured eloquent, vivid performances. Dan, Power, Kuypers and Sebestyén projected desperation, resignation, envy, surprise or relief, as required. For reasons unclear, certain sections of the opera were played twice, to altered dramaturgy, stretching the runtime beyond an hour. A tape of the Prologue from the original 1946 broadcast lent authenticity.

Photo © Wilfried Hösl

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Les Huguenots de Nuremberg

July 5th, 2014

Martin Berner as the Comte de Nevers in Les Huguenots in Nuremberg

By ANDREW POWELL
Published: July 5, 2014

NUREMBERG — In Tobias Kratzer’s new staging here of Les Huguenots, the Catholic Comte de Nevers is an artist, ostensibly a portraitist but reduced through wild daydreams to paint-hurling abstract expressionism. His subjects include other characters in Meyerbeer’s grand opéra, one result being that we are confined for the five acts to his studio, a Paris loft. No Chenonceaux, no bathing scene, no Cher, no Seine. As imagined by Nevers, Notre Dame’s gargoyles stir to life and religious carnage ensues. When the curtain falls on Act V, we glimpse his latest work, a depiction of the 1572 Massacre de la Saint-Barthélemy: thrown red paint on a white base. Social standings inevitably blur in this remix of librettist Scribe’s plan, not least that of Marguerite de Valois, would-be architect of Protestant-Catholic entente but now also patrone and farcical subject for the painter.

Guido Johannes Rumstadt led a trimmed version of the 1835 score Wednesday (July 2) at the genial 1,400-seat Staatstheater Nürnberg. He stressed momentum over Gallic refinement but accompanied attentively and built solid climaxes. The Staatsphilharmonie Nürnberg cooperated, with enthusiasm offset by some lapses in ensemble. The Chor des Staatstheaters marshalled discipline for its varied, tuneful duties, even when the staging undermined the effort — for instance during Jeunes beautés, the choeur dansé des baigneuses, which made no sense delivered with the ladies plonked on Nevers’ loft floor. Three of the seven principal roles were cast with singers of promise. Mezzo-soprano Judita Nagyová, as Urbain, brought firm focused sound and phrased elegantly, but her part was shortened. Hrachuhí Bassénz, a lustrous soprano (Valentine), and Uwe Stickert, a clarion high tenor (the Huguenot Raoul de Nangis), conveyed romantic urgency. The production moves to Nuremberg sister city Nice in a future season.

Photo © Jutta Missbach

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