By Brian Taylor Goldstein, Esq. Dear Law and Disorder: In all of my artist’s booking contracts, the presenters are required to obtain ASCAP, BMI and SESAC licenses. I recently received a contract back from a venue in which they crossed out that language. They told me that their policy is not to get these licenses and that the artist is responsible for obtaining them. It was my understanding that it was always the venue’s or presenter’s responsibility to obtain the performance licenses from ASCAP, BMI, and SESAC. Am I wrong? You’re not wrong, but you’re not entirely correct either. The truth is that it is the legal responsibility of all parties to make sure that the proper licenses have been obtained for a performance. Which party actually obtains them and who bears the costs is a matter for negotiation. Whether it’s a festival, a school, a nightclub, or a large performing arts center, non-profit or for-profit, it’s the legal responsibility of the owner/operator of a performance space/venue to ensure that the necessary rights and licenses have been obtained with respect to all copyrighted music which is performed at that venue. (Actually, this legal responsibility is not limited to performance rights, but extends to dramatic rights, synchronization rights, broadcast rights, and all other required rights and licenses which pertain to music, images, trademarks, recordings, images, or other protected rights or materials which are used as part of the performance.) However, it’s equally the legal responsibility of the artist, and in some cases, the producer and promoter, to ensure that they have all of the required rights and licenses, including performance licenses from ASCAP, BMI and SESAC. Why? Because if an unlicensed song is performed at a venue, then the US Copyright Act allows all the parties involved in the performance—the artist as well as the venue/presenter, the producer, the promoter, and anyone else involved in the performance—to be sued by the publisher or copyright owner. Stealing a song is like robbing a bank: the entire gang is arrested; regardless of who broke open the safe, who drove the get away car, or who simply served as look out, they all participated in the robbery. I am familiar with many venues which do not want to be burdened with the perceived cost and difficulty of obtaining performance licenses (which, depending upon the specific circumstances, may be neither costly nor particularly difficult), refuse to do so, and insist on the artist obtaining the licenses. However, in my opinion, for reasons I have written about in earlier blogs, this is a foolish policy. In practice, it’s simple easier for venues and presenters to obtain ASCAP, BMI and SESAC licenses than the artist. The venue can purchase a blanket license from each organization that permits all of the music in their catalogs to be performed by any artist at the venue during the license period. These licenses can cover an entire year or just a specific festival or event, and are priced based on numerous factors, including number of performances, ticket prices, size of the venue, etc. With the blanket licenses in place, the artist simply needs to show up. If a venue or presenter prefers not to obtain such licenses, then the artist or performer can certainly do so themselves. However, if no one obtains the licenses, then everyone is liable. Quite simply, whether the venue/presenter requires the artist to obtain the performance licenses or the artist insists that the venue/presenter obtains the performance licenses, passing the responsibility on to another party will not relieve either party from ultimate responsibility if the other party fails to do so. In other words, there is no contract, release, or any other document which will protect you from liability should the necessary licenses not be obtained. This is why, among other reasons, if I operated a venue, I would much rather rely on myself to obtain the licenses than depend upon another party to do so. In your case, if the venue refuses to obtain the ASCAP, BMI or SESAC licenses, then you and your artist have two options: either the artist agrees to obtain the licenses or the artist refuses to perform. Electing to proceed under the expectation that no one will get caught or the publishers and copyright owners will not sue small artists or struggling non-profits is not an option; that’s the same as robbing a bank and hoping the police won’t find you. Not to mention, in an industry where so many purport to operate under the noble purpose of promoting the value of art and artists, I can’t imagine the rationalization of stealing it for any purpose, regardless of how noble. _________________________________________________________________ “Law and Disorder: Performing Arts Division” will be taking a break between July 1 – July 14. Our next post will be on July 17. _________________________________________________________________ For additional information and resources on this and other 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. __________________________________________________________________ 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!
Posts Tagged ‘presenter’
Who’s Responsible For Performance Licenses?
Wednesday, June 26th, 2013Does God Serve On Their Board?
Wednesday, March 20th, 2013By Brian Taylor Goldstein, Esq.
Dear Law and Disorder:
We booked one of our artists to perform at a non-profit venue. The booking agreement was signed by all parties. We just received a phone call from the venue that their board met last night and decided unanimously to cancel the engagement due to poor ticket sales. The contract states that our artist is to be paid a cancellation fee if the date is cancelled for any reason except an act of God. However, the venue is claiming that this is an act of god and they do not have to pay. Any suggestions?
While I am familiar with many board chairs and presidents who erroneously believe they rule with omnipotent powers, their decisions do not constitute “Acts of God.” Moreover, unless there is a specific definition of “Acts of God” in a booking contract that expressly states that ticket sales are subject to divine will and authority or that a recognized deity from an established pantheon is in charge of marketing and sales, poor ticket sales are also not “Acts of God.”
Contrary to myth, non-profits are not exempt from the laws and legal obligations which govern all businesses, for-profit or otherwise. They must license copyrighted materials, pay their employees and independent contractors, and honor contractual obligations just like everyone else. In this case, you would appear to have a fairly straightforward breach of contract situation whereby the venue is contractually obligated to pay your artist the agreed upon cancellation fee.
Regardless of the legal merits of your claim, your first course of action should not be threats or demands. Instead, explore every possibility of a creative and mutually reasonable solution. Non-profits are under a considerable amount of pressure and, more often than not, in situations such as these, they are acting out of fear and self-survival rather than any nefarious intent. Can you reschedule the date? Can you offer to provide additional marketing materials or suggestions? Are there any expenses or costs which can be reduced? Are there any other presenters in the area who might be willing to partner with the venue and share expenses? Assuming your venue is unwilling to budge or consider alternatives, then stating the legal merits of the situation and suggesting mediation or arbitration would certainly be appropriate.
Ultimately, this may be one of those rare instances when filing legal action may be warranted. If your booking agreement does not provide for attorneys fees and costs in the event of a lawsuit, and if the engagement fee is not substantial enough to warrant the time and aggravation, you may be able to file a small claims action in lieu of a more formal trial. Sometimes, merely filing a lawsuit or claim is enough to bring them to the bargaining table. However, always remember that winning a lawsuit doesn’t mean you or your artist will ever see a dime. If the venue refuses to pay, you’ll have to pursue them further with bank liens and property attachments until they either pay or file bankruptcy or close entirely. While not resulting in any damages for you or your artist, this can often be its own form of divine retribution upon the venue.
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For additional information and resources on this and other 
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.
__________________________________________________________________
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!
You’re Not the Boss of Me!
Wednesday, February 20th, 2013By Brian Taylor Goldstein, Esq.
Dear Law & Disorder,
Our ensemble has recently had friction with its management over weather-related travel concerns. We had concerts scheduled during both Hurricane Sandy and this most recent blizzard in the Northeast, and as both approached, discussed postponing them with our management company. In both instances, they stated that since plane, train, and public transportation travel had been halted, we would need to rent a van and drive to the engagements. They said that due to the nature of our contracts, we would have to make every effort to get there no matter what. We had serious safety concerns about doing this, due to the predicted severity of the storms. In the end, it turned out in both instances that the presenters chose to reschedule the concerts for hopefully sunnier springtime dates, so we did not need to travel after all.
I know that our contracts with presenters include an “Act of God” clause, and my question is, who is empowered to make the decision about whether invoking this clause is the right thing to do? The presenter, our management company, or us? What if all three parties do not agree? Can we refuse to travel if we feel conditions are unsafe? Also, our ensemble is a non-profit organization, with the musicians hired as independent contractors. I am concerned that should we ever go ahead and travel to an engagement during bad weather conditions against our better judgment, and should an accident occur, that the individual musicians would have grounds to sue our non-profit for essentially telling them they must go. Would our management company be held responsible at all since they would not allow us to postpone? Help!
An “Act of God” clause is purely a creature of contract. It’s the terms of the contract (not God!) that defines what constitutes an “Act of God” and who gets to make the decision as to whether or not to invoke the clause. If the contract merely says something like: “This engagement may be canceled in the event of an Act of God”, it’s fairly meaningless. While I am familiar with lots of artists, managers, and presenters who prefer short and simple contracts, the problem with “short and simple” is that, in cases such as yours, it can also mean “vague and useless.” A good Act of God clause will define what constitutes an Act of God and who can make the determination, as well as address such issues as whether or not deposits need to get returned or engagements re-booked.
In your situation, to determine whether the nature of your contract, in fact, required you to make every effort to get there “no matter what,” I’d need to review your specific contract. However, I can’t image an engagement contract that actually required you to risk personal safely to get to the engagement—especially if planes, trains, and public transportation had all been halted. Even if you had, indeed, signed such a contract, there are always alternatives to risking personal safety merely to comply with a contract—including a legal defense called “impossibility of performance.”
Regardless of what a contract says or doesn’t say, the ultimate decision to cancel or postpone an engagement, whatever the reason, is always yours. Whether you’re canceling or postponing because you feel you cannot travel safely or canceling because you want to pursue a more enticing offer, those decisions are yours to make, not your manager’s.
Similar to Act of God clauses, manager/artist relationships are also defined and determined by contracts. However, unlike Act of God clauses, most state laws impose two legal obligations on all agents and managers which can never be waived or altered by contracts: (1) All managers owe a fiduciary duty to their artists (ie: they must put the artist’s interest above their own) and (2) All managers must follow the instructions and directives of their artists. (There are other obligations, too, but these are the most important.)
Like an attorney, a manager is there to provide advice, counsel, and direction, but not to give orders or commands. Unless a manager is also a producer, the manager works for the artist, not the other way around. Final decisions are always yours to make. Of course, the consequences—including being sued by presenter for breach of contract—are solely yours to bear, as well.
Granted, the manager/artist relationship should always be one of mutual respect, otherwise it doesn’t work for either of you. If a manager feels you are not taking their advice and counsel, and, as a result, you are adversely affecting your career, then the manager may rightly choose to no longer work with you. Likewise, if there comes a point when you believe your manager is putting his or her interest above your own, its time to move on.
As for your liability question, let’s save that for another post. For now, suffice it to say, under our less-than-intuitive legal system, anyone can sue anyone else for just about anything—especially if an artist is injured because you required them to drive in poor weather conditions. Get insurance! Stay tuned.
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For additional information and resources on this and other 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.
__________________________________________________________________
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!
Not Even God Can Act Without A Contract!
Wednesday, November 14th, 2012By Brian Taylor Goldstein, Esq.
No sooner had Super Storm Sandy begun crashing into the East Coast when my phone started ringing with cancellations. The most common question went something like this: “The presenter needs to cancel, but they already paid a deposit. Do we have to give it back? What the protocol?” The second most common question went something like this: “We booked an artist and paid a deposit. We’re being evacuated and need to cancel. Can we get the deposit back? Naturally, I always ask to see the contract. As I suspected, in almost each case, while the contract contained an Act of God clause, it merely stated that either party could cancel “in the event of an Act of God.” In an effort to “keep things simple” the parties also kept their contracts fairly worthless!
In essence, an Act of God provision in a contract (also sometimes called “force majeure” is a contractual provision which permits one party to cancel or breach the contract without having to pay damages or incurring any liability to the other. So, if an Act of God forces an artist to cancel, he/she is not liable to the venue for the venue’s lost ticket sales, lost out of pocket costs, or the costs of hiring and advertising another artist or performance. Similarly, if the Act of God forces the venue or presenter to cancel, it is not liable to the artist for the artist’s lost fees or out of pocket costs. However, nothing in the arts is ever that simple! Many people, incorrectly, assume that there is a common understanding or standard of Acts of God and that, in the event of a fire, blizzard, flood, or other unforeseen event, there are automatic protocols which will govern the situation. In fact, you will find that presumptions and assumptions differ wildly when it comes to Acts of God and that people, in the midst of a crisis, tend not be at their most rational. I’ve had presenters argue that poor ticket sales were Acts of God or that the death of an artist’s mother didn’t mean that the artist herself could not perform. I’ve also had an artist claim that an unexpected opportunity to perform at a better venue was an Act of God entitling her to cancel. I even know of a manger who claimed that the failure of his artist to obtain a visa was an Act of God and the artist should still receive her full fee even though she could not legally enter the US!
While no contract can even contemplate every possible scenario, you want your Act of God clause to do more than simply state that “either party can cancel “in the event of an Act of God.” Rather, you want your clause at least to provide some basic definitions and parameters: Let’s assume the venue is open, but the artist cannot get there due to a storm. Does the artist have to reimburse the presenter for any of its lost marketing expenses or costs? If the artist had already received a deposit, does it have to be returned? What if it’s the presenter’s venue is flooded, but the artist is ready, willing, and able to travel and perform? Does the presenter have to make a good faith effort to re-book the artist at a future date? Can the artist keep any deposits or advanced payments to offset the cancellation? Can an artist use an Act of God Force clause to cancel an engagement due to the death or injury of a family member or relative? Can a venue claim an Act of God if it experiences an unexpected budget shortfall or a financial crisis? What if the engagement is for a series of performances and a fire, storm, or flood forces the cancellation of only some of the performances? Is the artist’s engagement fee reduced on a pro-rata basis? What if the artist is a group and a member becomes sick or injured? Does the group have the option to find a replacement or can the venue claim an Act of God and cancel? Does it make a difference if it’s a key member of the group?
As I frequently like to remind everyone, in the arts world nothing is standard and everything is negotiable! Anyone who tells you otherwise, just wants you to do things their way. However, while there is no legally enforceable list of standard protocols or procedures which governs how things are “supposed” to happen in any given crisis, I’d like to believe that relationships are more important than contracts and, ultimately, what you are entitled to may be less important than what you have to offer.
_________________________________________________________________
For additional information and resources on this and other
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.
__________________________________________________________________
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!
I Want To Engage A Foreign Artist. Tell Me Everything I Need To Know!
Wednesday, May 30th, 2012By Brian Taylor Goldstein
Dear FTM:
What needs to be done to bring a performing artist from a foreign country to play in a US concert? How is their pay reported to the IRS? Is withholding required? Do they have to pay taxes on the money that they earn in the US? Etc.
Wow, this is a pretty broad question. In general…and this is very general…in order for a foreign artist to perform legally in the US, he or she will need to obtain a visa. In most cases, this will be either an O or a P visa. (There are almost no instances when a foreign artist can legally perform in the US on a visitor visa—regardless of whether or not the artist is paid or tickets are sold.) In order to obtain the necessary visa, someone in the US—such as the presenter or the artist’s US-based manager or agent—will need to file a visa petition on the artist’s behalf with United States Citizenship and Immigration Services (USCIS). The petition consists of the forms, evidence, and documents required for USCIS to “approve” the artist for the requested visa. As you may imagine, USCIS also requires a petition fee. Once approved, USICS will issue an “approval notice.” The artist will then use this “approval notice” to apply for the actual visa at a US Consulate. This will involve more forms…and fees.
Depending on where the artist is from, and how much they earn, they may or may not have to pay taxes on money that they earn in the US. With some exceptions, all artists who perform in the US are subject to 30% withholding from their gross engagement fees. Then, the artist is then required to file a tax return (just like you and I), declare all payments and withholdings, claim any applicable deductions and exemptions, and seek either a full or partial refund. Alternatively, an artist can apply to the IRS in advance of his or her performance and seek a withholding deduction. As you may imagine, all withholding is reported to the IRS on a form. The artist will also need to obtain either a social security number or a taxpayer identification number. This, too, involves forms.
While this can all seem overwhelming, the good news is that everything you need to know is contained in a website: artistsfromabroad.org. Produced by the League of American Orchestras and Association of Performing Arts Presenters, and authored by FTM Arts Law, artistsfromabroad.org is the most complete and up-to-date online resource for engaging foreign guest artists and non-US arts professionals, and includes essential guidance, forms, sample documents, and useful links. Even better—the entire website has recently been fully updated, redesigned, and re-launched, making it even easier to find the information performing arts organizations and artist managers need to successfully navigate the U.S. visa and tax procedures required when engaging international artists for performances in the U.S.
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For additional information and resources on this and other 
legal and business issues for the performing arts, visit ftmartslaw-pc.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. FTM 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.
__________________________________________________________________
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!
Ten Do’s and Dont’s of Career Building
Thursday, March 1st, 2012By: Edna Landau
To ask a question, please write Ask Edna.
Dear Edna:
In this fast paced changeable world we live in, we artists feel like a little boat in a vast ocean, many times lost and orphans of good guidance. A wonderful legacy, and a practical one from an accomplished pro like you, would be for us new artists to have a list of ten things to focus on and a list of 10 don’ts. Would you be so generous to share that with us? —Susana Galli
Dear Ms. Galli:
It is a weighty task to come up with ten do’s and don’ts and hope that they comprise some sort of legacy! However, I have done so below, and perhaps I will follow up at a future time with a second installment.
DO’S
Spend considerable time identifying your particular strengths, soliciting input from teachers and others who know you well, in order to plan your career and performance repertoire in a way that emphasizes them.
Make sure that you have good quality, attractive photographs and that your promotional materials are well-written and always up to date. In addition, take care that any video samples you post on YouTube show you off to best advantage. Having a fine quality performance dvd, or at least a demo cd, is definitely an advantage.
Go to a healthy number of concerts, especially if you will hear music with which you are unfamiliar or performances by artists you admire who are likely to inspire you. Go backstage to meet them after the concert. It is an added plus if some of these concerts take place in untraditional venues.
Look for opportunities to perform for audiences who may not go to concert halls, and identify performance spaces that might allow you to engage with new audiences in a more informal setting. If you are aware of series, for example at a library, which present artists at your level of career development, write to them directly, proposing an attractive program that you are prepared to perform. It might be helpful to go to one of their concerts and to try to meet the director of the series in person. You can also write to institutions with whom you have been associated in the past, who might be interested in presenting you in concert (e.g., a school, competition or youth symphony).
Consider forming a chamber ensemble, especially as performance opportunities may be more numerous and competitions and residency opportunities might afford avenues for exposure.
Begin to build a list of people who might be interested in supporting special projects you plan to undertake and also identify individuals whom you would like to meet through others. Whenever you succeed in getting such meetings, be sure to read up on the person in advance so that you can ask intelligent questions and evidence your awareness of their considerable accomplishments. Be sure to let these people know of your ongoing career successes.
Look for opportunities to attend training workshops that will expand your horizons, such as those offered by Carnegie Hall. Even if you are unable to attend in person, bear in mind that some, such as Chamber Music America’s “First Tuesdays”, are archived online.
Plan to spend your summers in places where you might be noticed by established artists and industry leaders who regularly visit.
Try to meet composers, especially those of your own generation, who might welcome the opportunity to write something for you that they know will be performed.
Go the extra mile and be nice to everyone. Write a handwritten thank you note to anyone who does something nice for you. So many of the significant things that happen for artists evolve from the good relationships they have established over the years.
Dont’s
Don’t use superlatives about yourself in your bio, on your website, or in written communications with presenters.
Don’t perform a concerto or other substantial work in an important place for the first time.
Don’t enter a competition seeking greater exposure unless you feel comfortable with the process and motivated by the potential for artistic growth, and for gaining valuable performing experience, regardless of the outcome.
Don’t push too hard too soon. For example, you should only seek out management when your artistry comes across as distinctive and personal.
Don’t think of being on a management’s roster as prestigious unless the management is recognized as being effective on behalf of its artists and has earned respect and recognition in the industry.
If you have management, don’t arrange concerts on your own, thinking that the management won’t find out and you won’t have to pay commission.
Don’t record music that is not in the public domain without first exploring rights payments.
Don’t grant any rights to another party unless you understand everything about how those rights will be used and are comfortable with the terms.
Don’t let your concert attire divert the audience’s attention from the impact of your performance and affect the memory of it that they carry away with them.
Don’t address someone you don’t know by their first name, unless it’s me in my Ask Edna column!
To ask a question, please write Ask Edna.
© Edna Landau 2012
To Thine Own Self Be True
Thursday, May 26th, 2011by Edna Landau
To ask a question, please write Ask Edna.
This column was prepared with the assistance of Neale Perl, President of the Washington Performing Arts Society, and Ruth Felt, President of San Francisco Performances. Both are valued longtime colleagues, to whom I am very grateful.
Dear Edna:
I am a pianist and have just completed my second year at an American conservatory. I am hoping that I will be fortunate enough to pursue a solo career. I read your article [Getting Noticed in the 21st Century] in the 2011 Musical America International Directory of the Performing Arts and have taken to heart your message that so much of the challenge of succeeding as a performer lies in getting noticed. I have been thinking about this, specifically in relation to programming. My focus has been on learning major repertoire pieces that every pianist should know. Do you think that is a mistake? Should I also be exploring works that are quite rarely performed so that I will stand out from the crowd? —K.P.
Dear K.P.:
Your question is a good one, which will probably be of interest to many other young musicians, regardless of their instrument.
It is my firm belief that no matter what one’s objective might be, a cardinal principle is to remain true to oneself. Throughout your career, the repertoire you choose should be repertoire you can’t wait to explore and master. There is no list of pieces that every pianist should know. You are fortunate that you have a huge amount from which to choose. In the case of concerto repertoire, it is advisable to keep in your fingers a certain number of pieces that are considered to be “standard repertoire” because that is what most orchestras will want. However, if you are drawn to less often performed repertoire or a relatively unknown concerto that you feel deserves a wider audience, this could prove to be a useful vehicle for gaining exposure. When Murray Perahia was in the early stages of his career, he decided upon the Mendelssohn concertos for his first recording. As far as I recall, he and his manager felt that he should be introduced in concertos for which he felt a great affinity but which had not been overly recorded. Pianist Marc-Andre Hamelin’s earliest concerto recordings featured works by Adolf von Henselt, Charles-Valentin Alkan, Joseph Marx, and Erich Korngold. However, this was no gimmick on Mr. Hamelin’s part. He was introduced to a great deal of unusual repertoire, including Alkan, by his father who was also a pianist.
In these times, when opportunities to play recitals on established series are fewer than they used to be, and when recital reviews for less than superstars are an increasing rarity, considerable attention should be given to one’s chosen program in hopes that it will pique a presenter’s or critic’s interest. There are various ways to do this while still remaining true to one’s repertoire strengths:
- Round out a familiar program with an unexpected rarity. By way of example, here is a program that cellist Sol Gabetta will perform on the Washington Performing Arts Society’s Kreeger String Series at the Kennedy Center next February: Schumann Fantasiestücke, Shostakovich Sonata in D Minor, Mendelssohn Sonata in D Major, Servais Fantaisie sur deux Airs Russes. The Servais adds a nice symmetry to the program, creating a sort of “fantasy” sandwich with some “meaty” substance in between!
- Choose a program that includes music from various periods, but not the most obvious composers or works. I like the following program, chosen by pianist Nareh Arghamanyan for her San Francisco Performances recital next April: Clementi Sonata in F# minor; Schubert Four Impromptus, Op. 90; Rachmaninoff Variations on a Theme by Corelli; and Balakirev’s Islamey.
- If you were born in a foreign country, you might want to showcase music of your homeland or native region. Audiences always seem to welcome the introduction to something new, perhaps even exotic. The young Moroccan pianist, Marouan Benabdallah, is offering two pieces by Nabil Benabdeljalil in his Carnegie Hall (Zankel Hall) recital debut this evening.
- Offer a program of works that have an internal connection. For his Carnegie Hall (Weill Recital Hall) debut this October, pianist Kit Armstrong is offering selections by two composers—Liszt and Bach—including Liszt’s Fantasy and Fugue in G Minor (after J.S. Bach) and his Variations on the Bach cantata “Weinen, Klagen, Sorgen, Zagen.”
- Offer a program that includes a newly commissioned work or unusual transcription. Violinist Giora Schmidt’s recital at the Ravinia Festival this summer will include a transcription for solo violin of Liszt’s B Minor piano sonata. The transcription is the work of Mr. Schmidt’s piano collaborator in the recital, Noam Sivan.
These types of programs lend themselves very well to some spoken words from the stage. Your audience wlll undoubtedly welcome some introductory comments about how you made your choices and perhaps what they might especially want to listen for.
None of the above rules out you playing a program of your favorite sonatas by Mozart, Beethoven, and Chopin if that is what you feel you do best, but in the early years of your career, you might reserve that program for cities where you are returning to an audience that is already enthusiastic about your artistry. I should also mention that if you are planning on selling a recording following the performance, you might want to include one of the works on the recording in your program so as to heighten the possibility that the audience will want to “take you home with them.”
While you are still in your conservatory years, it would be wise to solicit suggestions from your teachers, as well as guest artists who may be offering master classes or conductors working with your school orchestra, regarding unusual repertoire that you might explore. If you have the opportunity to meet people who write about music or audiophiles who may be a treasure trove of information about recordings that are long out of print, they may be a source of wonderful ideas. You may find yourself planning a program that offers your favorite Mozart sonata alongside a piece by his Czech contemporary, Leopold Kozeluch, or pairing a Bach suite with Max Reger’s Variations and Fugue on a Theme of J.S. Bach. The possibilities are endless, with YouTube showcasing many gems waiting to be more broadly discovered.
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© Edna Landau 2011