A CORONAVIRUS VISA ROUNDUP FOR NON-US ARTISTS

March 31st, 2020

Cancelled Engagements, Unemployment, Layoffs, and Visa Renewals

March 31, 2020

By Brian Taylor Goldstein

As the tumbleweeds blow through Times Square and we begin to consider the viability of Easter peeps or even kale to supplement the dwindling toilet paper supplies, there is an understandable amount of angst and confusion on many fronts. Not least among them are non-U.S. artists who find themselves trapped inside the U.S. with no engagements, or with visas about to expire, or, like so many, laid off or unemployed.

There is a lot of conflicting information out there primarily because U.S. immigration policies are determined by the U.S. Government which has provided little or no direction on these issues; they are far too engrossed trying to quell the spread of the Coronavirus through sacrificing chickens, burning witches, assessing blame, and finding new and enthralling ways of praising and consoling Our Dear Beloved Leader and Perfect Incarnation of The Appearance That A Leader Should Have.

So, in no particular order, here is an update of what we know (or sort of know based on what we can surmise from what we know.) Premium Processing

1. Premium Processing
In case you have not already heard, USCIS suspended Premium Processing effective March 20, 2020. Until further notice, any future petitions filed with premium processing will automatically be sent to standard processing and your premium processing fee returned. Current standard processing times are ranging from 3 – 6 months at both of the paradoxically named USCIS “service” centers.

2. Artists Trapped In The U.S.
Due to the quagmire of travel restrictions, cancelled flights, and border closures, there are a number of artists who find themselves stranded in the U.S. with visas about to expire and who are unable to leave. Has USCIS has made any special exceptions or provisions for artists who may be forced to remain in the U.S. beyond the expiration date of their visa until they can fly home? Certainly, they will not be rounded up as enemies of the state? To the contrary, if an artist finds themselves in the U.S. in such situation, then before their current visa expires they will need to file a petition either to extend their current status and extend their stay, or change their current status to a different status and remain.

Here’s a real life question we received on this issue:

My O-1 visa expires in May. I was approved for a new one starting in August. My petitioner did not ask for an extension of stay because I was supposed to fly home for a summer festival, but that has been cancelled and now I want to stay in the U.S. What are my options?

If the artist has some engagements in the U.S. between May and August (which is unlikely, but possible), then prior to May she could file a new I-129 petition (which would basically be the old one re-copied and re-packaged) asking for an extension of stay. However, if she does not have engagements to justify her remaining in the U.S. on an employment visa, then prior to May she will need to file an I-539 petition to change her status from O-1 to visitor (B-1/B-2). Of course, to file a new I-129, she will need to pay the USCIS filing fee of $460. To file an I-539, she will need to pay the USCIS filing fee of $370, plus a biometric fee of $85. Biometrics consist of going to a local USCIS office to be photographed and provide fingerprints. However, all local USCIS office are all closed. So, presumably, the I-539 petitions will just get put on hold—which is probably a good thing as she can stay in the U.S. while the petition is pending. I should point out that in 99.99999% of cases, I-539 petitions are denied, so they are really only useful to buy time.

3. Consulates
Most of the U.S. consulates around the world have closed. London, for example, is currently not taking appointments until July. We do not know when they will re-open. We asked the U.S. Department of State and were told: “April! No, June? Wait! They’re closed? They’ve always been closed. I mean, open. They’re open now, just closed to the public. Temporarily.”

4. What Happens To A Visa If An Artist Is Laid Off?
Here’s another real life scenario:

We are looking for information about the impact of layoff on our O-1 visa holders. The remainder of our performance season has been cancelled. At this time we are continuing to pay our performers as per the schedule that is in their contract. Unfortunately the possibility of a layoff is looming. How would this impact the O-1 visa holders? Are their visa’s invalidated if we have to do layoffs?

Fortunately (sort of), as non-US artists are required to have artist visas to perform in the U.S. regardless of whether or not they are paid, a layoff, per se, does not impact the validity of their O-1 visas. Rather, the issue is whether or not the artist’s services will be required at all. In other words, are we dealing with a cancelled performance or a re-scheduled performance?

If an artist was approved for an O-1visa to perform in a specific engagement or production, and that engagement or production is cancelled, then they are required to leave the U.S. as, unless they were approved for a multi-employer visa, they no longer have a reason to be here. However, if the scheduled performances are merely being re-scheduled for a later date during the validity period of the artist’s existing visa, and the artist’s services will still be needed, then I would argue that they can remain in the U.S. regardless of whether or not they are paid—they just won’t be able to work. In other words, a layoff means they are still employed, just not getting paid.

Whether or not the artist can afford to remain in the U.S. without being paid is another issue entirely…and which leads to the next question.

5. What Is The Impact On A Visa If an Artist Applies for Unemployment or Medicaid?
Here’s a hard one:

As you probably already know, all of my concerts until June have been cancelled, thus putting me into a difficult situation financially. I wanted to consult with you whether it would be a good idea for me to apply for unemployment benefits, or is that going to jeopardize my current O-1 status and future potential status?

Unfortunately, this creates two not insignificant problems:

  • (a) Under Trump’s recently enacted “public charge rule,” applying for any kind of public assistance (unemployment, Medicaid, etc) could be used to deny and/or delay future visas or green cards. When the artist next needs to obtain a new O-1, if he elects to remain in the U.S. and seeks an extension of stay, he would need to disclose that he applied for and/or received public assistance. This will lead to his being required to explain why and seek a waiver. USCIS has indicated that they will be “reasonable” in light of the Covid-19 situation, but we have no idea what that means. I trust USCIS about as much as trust my mother when she asks for my honest opinion. Alternatively, the artist could avoid this question by leaving the U.S. when his current visa expires, applying for a new visa at a U.S. consulate, and then re-entering. However, should at some point in the future he want to apply for a green card, he would need to disclose the public assistance and request a waiver at that time.
  • (b) The other problem is that O and P visas are “employment-based” visas, which means an artist is only authorized to be in the U.S. on such a visa if the artist has employment. If an artist becomes unemployed, they are not authorized to remain in the U.S. and look for work. They are required to leave. So, applying for unemployment benefits equates with admitting the artist is here illegally.

6. Requests for Evidence and Notices of Intent to Deny
USCIS has announced that any petitioner who receives a Request for Evidence (RFE) or Notice of Intent To Deny (NOID) between March 1 and May 1, 2020, will be given an additional 60 calendar days to respond after the response deadline set forth in the RFE or NOID. However, USCIS will continue its policy of employing rabid ferrets to write the RFEs.

7. Can A Visa For A Cancelled Concert Be Reissued?
Here’s a question from a dear soul who believes that if we just clap hard enough, Tinkerbell will grow her wings back:

We got an artist approved to perform for us in June. That date, of course, has now been cancelled. However, we have rescheduled the concert for the 20/21 season. Since we already applied for the visa and got it approved, and given that we only had to cancel because of the coronavirus, will USCIS re-approve the visa for the new date without having to file a new petition and go through the process all over again?

As my mother would say: “Bless his heart,” which, in the South, is the kind of thing one says when Charlene gets her head stuck in the fishbowl again…for the 3rd time. No, he will need prepare and submit an entirely new petition, and pay all of the costs and fees again. Because of all the cancellations due to the Coronavirus, the Performing Arts Visa Task Force (a long established coalition of leading arts organizations throughout the field—from the League of American Orchestras to the Association of Performing Arts Presenters) has asked the U.S. government to consider allowing approved visas to be re-authorized to cover re-scheduled dates without having to pay any new filing fees or costs. However, just to be on the safe side, I have added the same request in my letter to Santa Clause as I have greater faith in him making my wishes come true than I do USCIS.

Ok, folks. That’s all I got. Until everything changes tomorrow. As always, continue to check our website and Musical America for more frequent updates.

Stay safe and well!

For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com

THE OFFICIAL LEGALESE:
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!

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Posted in Artist Management, Employees, Independent Contractors, Law and Disorder: Performing Arts Division, Uncategorized, Visas | Comments Closed

A Cri du Coeur from French Artists

March 16th, 2020

By Frank Cadenhead. March 16, 2020.

This is a major declaration of French opera’s performing artists. This “Cri du Coeur” makes plain that the abrupt cancellation of all opera everywhere in France at Midnight on March 14 leaves both artists and staff without any idea of when this will end and if there will be any reimbursements for lost pay.

“CLOSING OF PERFORMANCES: THE ‘CRI DU COEUR’ OF LYRICAL ARTISTS!

In the difficult medical crisis that the country is currently experiencing, the lyric artists, today, gather together to draw the attention of the public authorities to the seriousness of the professional and personal situations that this crisis is causing.

We are well aware that the urgency today is to take care of the most fragile people in the face of this scourge whose spread must be stopped, but it is important to think about its social consequences.

All of the classical music institutions, opera houses and concert halls, have decided to cancel all of their performances.

If we speak collectively today, it is because the current health crisis dramatically accentuates a state of precariousness and isolation in which we experience already. More and more theaters are now announcing their complete closure and we are witnessing an unprecedented accumulation of unilateral breaches of contracts throughout our sector: especially among soloists, choir artists, instrumentalists, conductors, directors, dancers , technicians, extras, choir leaders and artist agents that we would all like to associate with our declaration. Our job is a passion but that should not make us forget the reality: the clear breach of one or more contracts for the coming months means the total cessation of our professional activity as well as an immense loss of artistic opportunities, especially for the youngest among us.

In French labor law, performing artists are employed in “fixed-term contracts”. These contracts, negotiated directly with the organizing companies, are the result of long years of work and waiting. In addition, they give entitlement to the unemployment compensation plan known as “the intermittence of the spectacle”. These contracts are essential for us in more ways than one. First, they are our main and often the only source of income. On the other hand, it is a career issue: a contract can have decisive consequences in the development of an artistic career. Finally, they are the central parts of the calculation of our hours that allow us to benefit from the essential safety net that constitutes intermittency.

The breach of these contracts is normally framed by labor law but, the current situation being unprecedented, we hear a plurality of responses from our employers. A number of them are doing their best not to penalize anyone, sometimes at the risk of endangering their cash, however some singers seem to have to give up their entire salary.

Are we in a case of force majeure? If so, does the Covid-19 epidemic characterize a “force majeure incident” within the meaning of article 1234-4 paragraph 2 of the labor code? Where applicable, this public policy provision prohibits a unilateral termination of the CDD on the initiative of the employer without compensation for the benefit of the employee, notwithstanding any contractual clause to the contrary.

Are we, as employees (even on fixed-term contracts) eligible for the partial unemployment procedure announced? If not, is it fair that we are excluded from the state’s promise not to let any employee lose their job? How will the hours lost in calculating our status be counted? What compensation for loss of opportunity is possible?

We need clear answers to the gravity of a crisis which threatens the future of a large number of artists and greatly accentuates the precariousness in which some of them already find themselves. We appeal to our supervisory Ministry, as well as to the Ministry of the Economy and to the Prime Minister. Art and culture are essential to our society and to the influence of our country in the world. We are the proud representatives in France and elsewhere. As such, we deserve not to be treated as mere adjustment variables subject to the arbitrary decisions of certain employers.

We ask that no decision relating to the cancellation of contracts and the payment of wages be taken until the legal framework has been defined. We are ready to make efforts in this common test but, in no case, to sacrifice our future as artists.

We all hope to quickly return to the stage and our audience, our greatest support. Once this ordeal has been overcome, it will be essential, in the country of cultural exception, for a substantive debate to begin on the statutory protection of our performing trades.”

Roberto Alagna, Kévin Amiel, Guillaume Andrieux, Jean-Luc Ballestra, Stanislas de Barbeyrac, Cassandre Berthon, Christophe Berry, Julien Behr, Benjamin Bernheim, Thomas Bettinger, Yann Beuron, Jean-Vincent Blot, Jean-François Borras, Jean-Sebastien Bou, Ambroisine Bré, Raphaël Brémard, Chloé Briot, Hélène Carpentier, Albane Carrère, Nicolas Cavallier, Adèle Charvet, Nicolas Courjal, Marianne Croux, Marianne Crebassa, José van Dam, Thibault de Damas, Stéphane Degout, Camille Delaforge, Mireille Delunsch, Antoinette Dennefeld, Léa Desandre, Karine Deshayes, Charlotte Despaux, Sabine Devieilhe, Jodie Devos, Olivia Doray, Pierre Doyen, Julien Dran, Cyrille Dubois, Yoann Dubruque, Alexandre Duhamel, Philippe Estèphe, Mathilde Etienne, Aude Extrémo, Loïc Felix, Jean-Paul Fouchécourt, Julie Fuchs Christophe Gay, Paul Gay, Véronique Gens, Anne-Catherne Gillet, Emiliano Gonzales Toro, Olivier Grand, Sébastien Guèze, Delphine Haidan, André Heijboer, Eric Huchet, Enguerrand de Hys, Philippe Jarrousky, Caroline Jesteadt, Marie Karall, Marc Labonnette, Florian Laconi, Marc Laho, Jean-Christophe Lanièce, Marion Lebègue, Matthieu Lécroart, Aimery Lefèvre, Marie Lenormand, Alix Le Saux, Lionel Lhote, François Lis, Philippe-Nicolas Martin, Clémentine Margaine, Héloïse Mas, Rémy Mathieu, Elodie Méchain, Régis Mengus, Anaïk Morel, Laurent Naouri, Stéphanie d’Oustrac, Eléonore Pancrazi, Julie Pasturaud, Patricia Petibon, Gabrielle Philiponnet, Anthéa Pichanik, François Piolino, Camille Poul, Marie Perbost, Julie Robard-Gendre, François Rougier,  Pauline Sabatier, Francesco Salvadori, Chantal Santon-Jeffery, Vannina Santoni, Anas Séguin, Jean Fernand Setti, Philippe Talbot, Jean Teitgen, Marie-Ange Todorovitch, Catherine Trottmann, Béatrice Uria Monzon, Florie Valiquette, Mathias Vidal, Guilhelm Worms.

Posted in An American in Paris | Comments Closed

What We Know So Far About Trump’s Coronavirus Travel Ban

March 13th, 2020

By Brian Taylor Goldstein

In short, not much. As you can imagine, this was announced without any details as to how, exactly, this was going to work in terms of screening, implementation, flight schedules, etc. But here what we know so far…

  • Anyone who has been in one of the 26 European countries in the Schengen zone within 14 days prior to Friday, March 13, 2020, they will not be allowed to board the plane and/or enter the U.S. for the next 30 days.
  • The 26 European countries in the Schengen zone — Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.
  • The ban does NOT apply to the U.K. or Ireland, as well as Croatia, Cyprus, Ireland, Turkey and Ukraine. (No one knows why, though it just so happens that both the U.K. and Ireland both host Trump golf resorts…hmmm.) However, while the citizens and residents of these countries are exempted from the travel ban, if they have visited any of the European countries on Trump’s list over the past 14 days, then they are subject to the FULL 30 day ban.
  • The ban does NOT apply to permanent residents (green card holders), U.S. citizens, and the spouses, parents or siblings of American citizens or permanent residents, as well as members of the U.S. military and their spouses and children. However, they will be restricted to flying to specific U.S. airports for screening.

In addition, we have just learned today that:

  • The U.S. embassy in Oslo and Lisbon has temporarily ceased all visa operations until further notice due to the outbreak of Novel Coronavirus Disease COVID-19. It’s highly likely that more embassies and consulates will follow suit.
  • Denmark just announced it was closing its borders.

We will keep you informed as soon as we know of any changes, on our social media pages (so we don’t bombard you with emails). If you would like to stay updated follow our social media links at the bottom of the page.

Lastly, Trump has asked that everyone remember that he warned us this would happen if we kept letting foreigners into the U.S. and now we should be ashamed of what we have done to his perfect economy.

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For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com

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THE OFFICIAL LEGALESE:
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!

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Posted in Acts of God, Artist Management, Arts Management, Law and Disorder: Performing Arts Division, Touring, Uncategorized, Visas | Comments Closed

Please Consider Donating Cancelled Tickets Rather Than Seek Refunds

March 13th, 2020

I, like most of you, was ingrained with the paradigm that the show must go on no matter what—to the extent that I once performed a whole show the day after I had all four wisdom teeth extracted. However, these are extraordinary times.

The live, performing arts will not suffer more than any other economic blows that we all are going to suffer in every sector and industry. Nonetheless, I am putting out a personal request to all of you, as well as your patrons, friends, families, and audiences, to please consider donating any cancelled tickets rather than seek refunds.

For some, it may be easier to write of the commercial end of our industry. However, remember, that ALL artists, singers, musicians, actors, dancers, stage and tech crew, and everyone throughout the arts, for-profit and non-profit alike, from jazz to classical, from hip hop to folk, from Broadway and Carnegie Hall to the smallest regional arts centers, all rely on ticket sales to get paid and to survive.

For Broadway, the closures come at the peak of the Broadway season. While most producers I know will walk away from their investments to keep the performers and crew getting paychecks for as long as possible, many shows will not be able to survive and will close. Others will have delayed or closed openings. On the other end of cancellations, from the smallest to the largest, are artists losing their fees, along with their agents and managers (and entertainment lawyers. Wait! What?) Without a jazz club, where does the trio perform? Non-profits who have to cancel fundraising events face not be able to make their budgets. Small regional organizations, community theaters, and local arts groups may suffer the worst.

Some of the large ticketing organizations will automatically issue refunds. For those that do not, consider that the money has been spent anyway and allow it to be a donation.

Stay safe. Stay disinfected. And remember that, while alcohol is not a disinfectant, when taken orally it can be a cure-all.

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For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com

________________________________________________________

THE OFFICIAL LEGALESE:
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!

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Posted in Acts of God, Arts Management, Law and Disorder: Performing Arts Division, Venues | Comments Closed

The Response of the Performing Arts to the World Premiere of the Coronavirus

March 4th, 2020

By Brian Taylor Goldstein

Let’s all step back and take a breath for moment.

As you can imagine, the coronavirus has overrun (dare I say “infected?”) our office with an ever growing stream of cancellations based on force majeur and concerns from venues, presenters, agents, and artists from around the world. As the situation has continued to develop (dare I say “spread?”) so rapidly, we have so far focused solely on dealing with issues on a case-by-case basis rather than take on the task of posting any advice or updates which might be outdated in 2 days.

However, as cancellations are becoming more frequent and more likely, we have increasingly begun to receive questions from all sides about what does and does not constitute a legitimate force majeure cancellation and who is responsible for lost income and covering expenses. While not at all unreasonable concerns, we get the sense that people are “preparing for battle” rather than accepting the reality of a shared crisis in which we all find ourselves. For instance, we have been told:

  • That no one can call off a concert unless the U.S. government “officially” declares a pandemic. (That’s unlikely given the regime’s current position that this can all be resolved through the power of prayer alone.)
  • That venues are “legally” required to educate their audiences not to be led by fear and racism. (Since when? I missed this in law school.)
  • That artists should not be allowed to cancel unless they come from the specific part of a country where there have been cases. (So it doesn’t matter that an audience is not going to come to see a South Korean artist regardless of what part of Korea they have just arrived from?)
  • “They cancelled a month ago, before there were any outbreaks, so they shouldn’t be able to get the benefit of that now!” (So, the fact that they wound up making the right decision is irrelevant?)
  • “The coronavirus cases in their state is not anywhere near where their venue is located!” (Do you live there? Are you planning on going to the concert yourself?)
  • “Airlines are still flying to the U.S. from that country, and the artist is willing to be quarantined, so the venue cannot cancel!” (So, just because someone has found a way to break into my house, I have to let them stay so long as they promise not to cough in my face?)

And I JUST heard an idea being tossed about of adding a Force Majeure “penalty fee” clause to contracts. (Why stop there? Why not a public shunning?)

Without a doubt, and not in the least to dismiss the gravity of potential, if not, devastating financial losses throughout the performing arts, these arguments miss the point. Everyone is facing difficult decisions and financial loss—and not just in the performing arts.

Whether you are anticipating a cancellation or it has already happened, you should take the following immediate steps:

STEP 1: Review Your Contract

Most contracts will actually spell out the situations that allow for a Force Majeure cancellation, including what the parties are and are not responsible for.

STEP 2: Prepare Martini (gin, slightly dirty, extra olives)

STEP 3: Discard Your Contract and Accept Reality

The legal concept of Force Majeure or Act of God anticipates situations where one or both of the parties to a contract cannot meet their obligations due to something outside of their control and which could not have reasonably been anticipated. A fire in the venue. An artist gets sick. A snowstorm closes an airport. Etc. However, there does not have to be a physical impediment to the performance for a performance contract to be permissibly cancelled due to a force majeure. Does a theater have to actually burn all the way down? Can the artist insist that they are still willing to perform on what’s left of the smoldering stage? What if the artist is sick, but not dead? Can the venue insist that the artist be dragged on stage with a portable oxygen tank?

At present, in the case of a new virus that has spread internationally and was previously unknown, while an official government declaration or ban on travel would certainly make things simpler, that is by no means a requirement. In just two months, we have long been overtaken by circumstances justifying both venues and artists to declare a force majeure for any number of reasons, including:

  • A show involving artists coming from or who have recently been to an infected area.
  • Travel restrictions or quarantine requirements imposed by a state or local government in the the U.S. and or any country in the world that might impact the ability of an artist or group to leave their own country and/or enter or leave the U.S.
  • An artist from one part of the U.S. traveling to another part of the U.S. where cases have been reported.
  • Venues deciding to close out of abundance of caution.
  • An artist wishing to cancel to avoid exposure or to avoid being trapped inside or outside the U.S. should official travel bans start to be put in place.

On their face, these are all a reasonable. Conversely, it may, in fact, be unreasonable for someone to insist on a performance taking place where there was even a “reasonable” risk of putting an artist or audience in harm’s way. If God (and/or Goddess and/or the universal cosmic energy) forbid, someone were to get sick, this could raise significant issues of liability for negligence.

The reality is that we are all facing the same situation (and our own office is no exception) which, without a doubt will impact some more than others. There are already several universities who have cancelled classes and performances out of an abundance of caution. Some venues in the U.S. have informed artists from China, Iran, South Korea, Japan, Italy, and Hong Kong (and that list will most certainly grow) that they will not be allowed to enter the venue for 14 days after arriving in the U.S. Others around the world have either imposed similar restrictions or closed completely, including major opera houses and concert halls. Are these decisions going to impact travel costs, tour dates, lost engagement fees, lost commissions, and even risk an artist exceeding a visa validity period? Of course.

However, even if you believe a cancellation is unreasonable or even if it goes so far as to violate the terms of the contract, what then? Raise contractual and legal arguments? Send snippy and condescending emails? Bring in a lawyer? Sue? While there are almost always legal arguments and threats one could through at any situation, doing so with regard to anyone’s response to an unknown and spreading virus which is causing world-wide fear and confusion is not merely delusional, but will certainly trigger ethical, professional, and PR concerns that will haunt you far beyond any lost income.

While not all of these will apply to everyone in every situation, here are some practical suggestions for dealing with an actual or threatened cancellation due to the coronavirus:

  • Anticipate and prepare financially for losses;
  • Explore options for mitigating losses, such as refundable tickets, cancellation policies, and the risks and liabilities of not cancelling sooner rather than later;
  • Listen to the fears and concerns of all parties;
  • Entertain any and all reasonable alternatives to a cancellation, such as checking constantly for updates from the CDC or WHO, as well as reaching out to local health and public safety experts either in the location of the performance or in the location from which an artist will be traveling.
  • Entertain any and all reasonable proposals to share losses, taking into consideration a fair, honest, and truthful assessment of who is in a better position to bear them;
  • Consider the professional and ethical considerations of pressing an argument, making demands, or simply acting like a jerk;
  • If a deposit has not been paid, consider it no longer due. If a deposit has already been paid, apply it towards actual, non-refundable expenses (such as airline tickets, rental fees, etc.) and return the rest; and, of course;
  • Try to re-book the date.

In addition, here are some websites with calm, cool, and well-thought advice, including suggestions of how to prepare and what to consider:

www.artsready.org

www.americanorchestras.org

However rightly or wrongly you may think someone’s decision may be, and how deeply you fear the effects on your own economic health, this is not the moment to judge, argue, or act impulsively. Rather, now is the moment to test the performing arts industry’s so oft-toted (and even more often self-proclaimed) reputation for being able to support one another in surviving a time of crisis and to coalesce as a community in working towards a greater and larger mission. I know you can do it without suing on another!

…And now, to throw some bleach on my keyboard and sage the office!

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For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com

THE OFFICIAL LEGALESE:
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!

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Posted in Acts of God, Law and Disorder: Performing Arts Division, Uncategorized | Comments Closed

Wasn’t There a Revolution in France?

January 18th, 2020

By: Frank Cadenhead. When I heard that there was a box in the Opéra-Comique that was still in the possession of an aristocratic family, I thought it was a joke. There is a French version of The Onion available but this item was in Le Monde.

It appears that Louis XVI gave a box as a gift to Duke Etienne-François de Choiseul in 1781. Choiseul was Secretary of State for Foreign Affairs under Louis XV, among other posts. Next to the former royal box, it has remained in the same family for well over two centuries, and that is now ten or twelve generations. That is no small achievement because the family’s right to the box, according to the gift order, would expire without a male heir to continue their occupancy.

The Opéra-Comique’s long-time press rep, Alice Bloch, explained that the revolution I remembered reading about, in 1789, did not affect cultural matters. It actually did have a substantial impact and the “court” fashion in art and music immediately disappeared. One example is my encounter with a young couple who were restoring an important chateau they owned in the north of France.  There was a large room with walls completely covered by mirrors. When they started removing the mirrors for restoration, they discovered that the walls of the entire room were covered by an important but seriously degraded fresco by Antoine Watteau. A central figure in the Rococo period of French art, his art would have been seriously “out of fashion” after the revolution. While paintings of this nature usually ended upon the basement, the aristocrats who then owned the chateau felt compelled to create a minor “Hall of Mirrors” to hide the fresco.

But, somehow, the Comique’s gift box keeps on giving. In the past two centuries expanding waist-lines and various fires and restorations have reduced by half the original number who attended performances at the Comique and the Choiseul box, originally for 12, now seats five. This means that the Comique looses a five figure number for seats it cannot sell – between 20,000 and 40,000 euros each year. The good news is that the family and their friends are regulars at this historic theater and there is seldom empty seats.

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Avoiding A Trip to A U.S. Consulate

January 14th, 2020

Depending on the consulate and a person’s nationality, a “renewal by mail” option is “sometimes” available for artists who are applying for the same visa (O, P, F, etc) within 1 year of the last one. For example, a famous conductor who comes to the U.S. each year on O-1 visas and who gets approved for a new one within 12 months of the last one, may insist that he remain on his beach chair on the Costa del Sol and have his manager mail in his passport and visa application to the consulate and a request a waiver of a personal interview. However, the process is discretionary and the consulate can always insist on an interview—which they almost always do anyway these days. While its less likely for them to refuse an interview waiver for an O-1 visa, they will almost always do so for O-2 and P visas. We also know of artists whose passports have been lost in a consulate’s mail room or even sent to the wrong consulate.

We recently had a manager contact us about at artist who was approved for an O-1 visa and who selected the option to apply for her visa by mail rather to come in for an in-person interview…and then had her application refused and was told she needed to come in for an interview anyway. By the time she get her passport back in the mail to her, it was too late for her to schedule an interview, travel to the consulate, and get the visa in time for her U.S. date. So, the date had to be cancelled.

The good news, such as it is, is that having an application “refused” is not the same thing as a “denial” so it will not impact future applications. The bad news is that it make cause delays and subsequent date cancellations as in this case.

Given the less than welcoming nature of the U.S. these days, we recommend that even if one is, in fact, eligible to renew a visa by mail, artists should ALWAYS go to a consulate for an interview anyway. Put down the mojito and tell Maestro Altercocker he needs to go to Madrid.

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For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com
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THE OFFICIAL LEGALESE:

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!

 

 

 

 

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Posted in Law and Disorder: Performing Arts Division, Visas | Comments Closed

Visa Tip for Booking Agents/Managers

December 13th, 2019

December 13, 2019

Hi folks

Sorry for our infrequent posts. We’ll try and do better. To that end, I thought I’d share an issue that just arose with one of our clients.

A booking agent filed P-1/P-1S visa petitions for a group that has previously been approved. This time, they received an RFE on a single issue: USCIS is asking for proof that the agent is, in fact, has been authorized to act as the petitioner on behalf of the group and its employers.

While some of you may or may not be aware of this issue, and I’d love to blame this on the Screaming Carrot Demon, its actual an issue that has been around for years—though Trump has certainly made it worse. The problem arises from the different ways USCIS examiners interpret the USCIS regulations pertaining to when someone other than a person’s direct employer can file a visa petition on someone else’s behalf.

As a result we have long recommended that any time a booking agent is serving as a petitioner for a group or artist, the visa petition should include two things:

1) An agent appointment authorization from the artist/group acknowledging that the agent has been appointed to serve as the petitioner. This can be on a single sheet of paper that says:
I/we authorize [NAME OF PETITIONER] to act as my/our agent for the limited purpose of filing an immigration petition to enable me/us to obtain a work-related U.S. visa classification so that I/we may work/perform in the U.S. as well as to accept service of process in the U.S. on my/our behalf. [NAME OF ARTIST/GROUP][SIGNATURE]; and

2) An agent appointment authorization from EACH presenter/employer of the group acknowledging that they, too, have each appointed the agent to be the petitioner. This, too, need only be a single sheet of paper which says: I/we have engaged the services of [NAME OF ARTIST/GROUP] to perform in the U.S., and authorize [NAME OF PETITIONER] to act for and in our place as agent for the limited purpose of filing an immigration petition to obtain the necessary U.S. work-related visa classification for said artist as well as to accept service of process in the U.S. on our behalf. [NAME OF PRESENTER/VENUE][SIGNATURE]

Do NOT merely include this language within a booking contract or management agreement as, in our experience, USCIS will never find it. Always use separate paper.

Is this a pain in the ass? Yes. However, we do this for ALL of the petitions we file and rarely encounter any difficulties with getting presenters/venues to comply. They already know the system is messed up.

Wishing everyone a wonderful Christmas, Yule, Hanukkah, and all other observances or lack thereof…drink up, as there are lots of potential USCIS changes ahead for the New Year.

__________________________________________________________________

For additional information and resources on this and other legal, project management, and business issues for the performing arts, as well as to sign up for our newsletters and follow us on social media visit ggartslaw.com
__________________________________________________________________

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!

 

 

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Posted in Agents, Law and Disorder: Performing Arts Division, Visas | Comments Closed

Good News Backstage at La Monnaie

October 20th, 2019

 

By: Frank Cadenhead.  It is not a news item demanding the attention of fans of opera around the world but it is important for opera in Brussels. The Théâtre de la Monnaie stage and the workshops where productions are prepared and stored are now linked by a tunnel under Leopold Street. There was only about 100 yards between the two buildings but transferring productions in storage to the famed theater was a huge logistical effort. It was noted that, with an average of 250 square meters of scenery for each production, a series of trucks needed to be scheduled, loaded, and travel only a short distance before unloading. The new direct access will obviously save time and money.

During the construction, some of Brussels’ archaeological heritage were uncovered. Foundations and tombs from a 15th Century Dominican cloister were found under the surface. The regional archaeological unit was called in so they could excavate and record what was found.

In addition to the connection between the opera house and the warehouses, work has just commenced on a roof extension to provide additional space to store costumes. This space, some 350 square meters on two levels, will not be visible from the road.

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Tenor Facebook War Averted

October 12th, 2019

By: Frank Cadenhead. This is (mostly) a Google translation of an item from the French site Forum Opera:
After declaring in 2015 that he would not go back on the stage of the Orange Theater, Roberto Alagna announces he will give up Otello on July 12 and 15, 2020 in Munich to make his return next summer to the Chorégies d’Orange alongside Anita Rachvelishvili in Samson and Dalila. He will be replaced in Munich by Gregory Kunde. The story would stop there but the Bayerische Staastoper issued a statement informing the spectators already holding tickets for these two dates that they could change them at their convenience. The gesture, if it is commercial, is not only unusual but above all offensive to the alternative singer. On his Facebook page, Gregory Kunde shared his surprise at the inelegance of the process, causing a pile of indignant comments that he did not take the time to moderate. Some of these comments put the two tenors in the balance to affirm the American’s superiority over the French, in pithy words customary of social networks. Reading them, Roberto Alagna, offended, posted a critique of his colleague for not having suppressed insulting remarks: “You let your best friends target me and rant on your Facebook page. On mine, I never let my fans and friends slander or even criticize other singers. Offensive comments about my colleagues are systematically removed because I respect them. You seem to do exactly the opposite. [….] You complain about Munich, well, why don’t you have the … to cancel? “. The quarrel could have festered if Gregory Kunde hadn’t immediately waved the white flag on Facebook: “I have to comment on an article I hastily published last night (which I have since deleted) about of the situation in Munich. Roberto Alagna is my friend and colleague. The message did not concern him, but denounced the way in which the news was announced. I read some of your comments and although I appreciate your support, I cannot accept the degrading and derogatory comments about another colleague. That’s why I deleted the original message. Do not forget this when you post on my page … Almost ALL the tenors who sing today are my friends. We are not rivals … We are colleagues. I sincerely apologize to Aleksandra Kurzak and Roberto Alagna for the unfortunate responses to this article. You’re a great singer, Robby. And I’m proud to know you, you and Alex.” Phew! The war will not take place.

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