A “Thank-You” Note Is Not The Same As A License

November 21st, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I was wondering if I have my own blog and post a music video from iTunes in the blog, giving full credit to the musician, including the musician’s original link, would this be legal? And can you please specify on what full credit means.  Further, if I can’t do this, how do you go about getting permission from the musician??  Thank you!

A “copyright” is literally the right to make copies. A copyright “infringement” is when you make a copy of something without the owner’s permission.

Almost everything you can find on the internet (photos, images, videos, text, etc.) is someone else’s property. Part of the challenge of understanding digital rights is that the ease with which we can download and copy materials on the internet tends to make us forget that copying any materials without permission is still copyright infringement.

Without question, many people post pictures, videos, and other materials and are more than happy to have others repost and share them; but that decision is entirely up to the person who owns the materials. In other words, just because a car is parked on the street, doesn’t mean its free for the taking.

Purchasing and downloading a video from itunes only gives you the right to enjoy it. It doesn’t give you the right to re-post or copy the video. As such, posting someone else’s video on your blog would constitute copyright infringement unless you had permission from the owner of the video.

If you are commenting on or reviewing the video or the artist, then, arguably, you might be able to claim that posting the video constitutes “fair use.” However, the more of an item you post, the less “fair use” it becomes. So, an excerpt of a video is more likely to be “fair use” than posting the entire video. The better option would be for you to post a link to the video rather than post the video itself. In other words, you would be inviting your readers to go to itunes or the artist’s own website to view the video. This way, the owner can control whether or not they want the video to be shared.

I know many people who subscribe to the theory that, in practical terms, you should post anything you want until someone tells you to take it down. However, in practical terms, that’s also called “really bad advice.”

As for giving “full credit”, giving an owner credit in any form or manner neither gives you any rights to post materials nor absolves you of copyright infringement. Stealing a car, but leaving a thank you note crediting the owner, doesn’t make it any less a crime. If you want to get actual permission to repost a video, photograph, or any other copyrighted material, then you need to get permission (aka “a license”) from the owner—which may or may not be the artist. More often than not, video rights are controlled by record labels. Nonetheless, when seeking licenses, the best place to start is always the musician’s publisher, manager, or agent.

__________________________________________________________________

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.

__________________________________________________________________

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!

 

 

The Road Unexpectedly Taken

November 21st, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

It is no secret that a large number of today’s most successful arts administrators in music at one point studied an instrument, voice, conducting or composition but moved on in a different direction that was inspired by their earlier experience. Not one of the many individuals I know made this choice out of feelings of inadequacy or, even worse, failure, yet it is still comparatively rare for music school or conservatory students to be exposed to their stories and the joy they experience in their current careers. I have chosen to spotlight two such individuals whose current occupations hearken back to defining moments in their younger lives.

Shauna Quill, Executive Director of the New York Youth Symphony, is a shining example of someone who has leveraged a multiplicity of skills to serve with distinction in each of the positions she has occupied in the music industry. I first met Shauna when she was Associate Artistic Administrator at the Aspen Music Festival and School. (She later moved into the Artistic Administrator position.) We were also in touch when she became Executive Director of University of Chicago Presents, where highlights of her tenure (2007-2011) were the UCP’s first-ever music festival, dedicated to Olivier Messiaen, and “The Soviet Arts Experience”, a sixteen month interdisciplinary celebration of artists’ responses to the Politburo, which she conceived of and spearheaded and which involved 25 Chicago arts organizations. In September 2011, she may have surprised some people when she accepted the position of Executive Director of the New York Youth Symphony. My own curiosity about this prompted me to invite Shauna to lunch, at which time the impetus for her move became clearer.

Before joining the work force, Shauna Quill was a flutist who studied for a year at Columbia University and then transferred to Carnegie Mellon University, where she studied with Julius Baker and earned a Bachelor of Fine Arts degree in Music Performance with University Honors. While in Pittsburgh, she rehearsed and performed in the Pittsburgh Youth Symphony every Sunday for three years. She spoke very movingly of what it was like to play in Heinz Hall, have sectional rehearsals with Pittsburgh Symphony players, and even to use their music stands or a stray pencil left behind. The PYS created a sense of community during her college years and she still has good friends from those days. Shauna’s original plan was to obtain a master’s degree at Carnegie Mellon but after experiencing four years of performance-related injuries, she decided against it. Her first jobs were as a paralegal, and then as an artist and publicity manager with Herbert H. Breslin, Inc.  When the New York Youth Symphony position opened up in 2011, Shauna saw an opportunity for a more balanced personal life than she had in Chicago, with the possibility of spending greater time with her husband and two young children. She had warm recollections of spending six months in the NYYS Chamber Program while a student at Columbia University. Today the symphony offers tuition free participation in five programs (orchestra, chamber music, composition, conducting and jazz) to its players who are between the ages of 12 and 22. It has over 5000 alumni, five of whom are currently trustees. Each of the NYYS’s orchestra programs at Carnegie Hall and Queens College every season includes a world premiere of a work written by a composer participating in the symphony’s First Music Program. To this wonderful initiative, Shauna has added a program of hour-long workshops after select orchestra rehearsals on topics such as Careers in the Arts, Preparing for Auditions, and Alexander Technique which are open to participants in all of the NYYS programs, as well as their parents. She explained to me that in her view “the goal of the youth orchestra experience is to create musical citizens, not future conservatory students.” She wants the orchestra to offer them resources for making future decisions and to ensure that music will be part of their lives forever. It would seem that this goal should be 100% attainable with such a caring and inspired leader at the helm and the thrill of the NYSS’s program participants’ own experiences, performing in such august venues as Carnegie Hall and Jazz at Lincoln Center.

Composer Bill Holab, owner of Bill Holab Music, never envisioned running his own business. As an undergraduate at the University of Michigan, he pursued a double major in English Language and Literature and in Music Composition. He subsequently took classes at Juilliard and studied composition with David Diamond. At Juilliard, he saw an ad on the bulletin board for a part-time draftsperson with musical knowledge. He got the position and simultaneously continued to compose. His career path led him to various publishing houses where he learned about engraving, a skill which he wanted to have as a composer. By the time he started working at G. Schirmer as Senior Editor, he was growing increasingly frustrated with the constant need to promote himself as a composer in order to attract commissions and performances of his music. When he left Schirmer ten years later (where he had advanced to Director of Publications), he decided to devote all of his time to engraving and typesetting music books for publishers and composers. Two years later, he was approached by composer Osvaldo Golijov, who had left his publisher, to see if he would handle his rentals and sales. The answer was initially negative but Mr. Golijov twisted Holab’s arm. This marked the birth of Bill Holab Music. Fortunately for the new enterprise, Mr. Golijov’s career virtually exploded just at that time. Holab really took to the work and found it to be a nice complement to all the production work he was doing as an engraver. His efforts were noticed by other composers and before long his little company grew considerably larger than he had ever anticipated. He was surprised to discover that although he dreaded having to hustle his own music, he loved being a publishing agent for other composers. Today, he lists twenty-four composers on his website, to whom he offers an array of services, including engraving (now in the form of computer-based note setting that is expertly laid out, based on many years of experience).  He calls the individual composer pages on his website “passive promotion” as they are not the primary focus of his efforts, although they are undeniably important. He also gives generously of his time to participating in workshops for young composers.

What sets Bill Holab apart from some publishing companies, who provide some of the same services, is that he doesn’t assume any of the composer’s copyright ownership. He is happy to work alongside a manager or attorney and handle commissioning agreements and grand rights if one of them doesn’t. All of his services are offered with meticulous attention to detail and a strong desire to protect the composer’s rights in all situations. I contacted two of his clients – Michael Torke and Kevin Puts – both of whom had nothing but praise for their collaboration with him. Mr. Torke wrote: “I left a major international publishing company to work with Bill Holab in 2004. He harkens back to the age of 19th century publishing, like Jurgenson was to Tchaikovsky, offering tremendous personal service and loyalty.” Kevin Puts commented: “Bill manages everything in my catalog with absolute professionalism. He has proven a trusted advisor for things from the mundane (layout of scores and parts, practical issues of scoring) to the artistic. I value our relationship highly.” Bill told me that it is his own background as a composer (he still finds a little time to write a few new works) that he feels makes him empathetic to his clients’ needs and able to successfully represent them. He loves the turn that his life has taken and finds tremendous fulfillment in his work each and every day.

To ask a question, please write Ask Edna.

© Edna Landau 2013

Whatever Happened to MTT?

November 15th, 2013

by Sedgwick Clark

I’ve blown hot and cold on Michael Tilson Thomas’s considerable abilities over the years. I vividly recall a masterful Ein Heldenleben (10/9/02) and an emotionally affecting Das Lied von der Erde (2/13/02) at Carnegie Hall with the San Francisco Symphony, of which he has been music director since 1995 and raised to one of the top seven orchestras in the country. His late-1970s recordings with the Buffalo Philharmonic of the complete music of the American master Carl Ruggles (Other Minds CD) will likely never be equaled. His irresistible programs, frequently of 20th-century American and Russian music, have drawn me to his concerts every season despite his tendency to interpretive fussiness and self regard. In Thomas’s curiously muted Carnegie concert on Wednesday (11/13), for instance, works by Beethoven, Steven Mackey, Mozart, and Copland perplexed to a degree I don’t previously recall.

Thomas’s apparent aim for a beautiful, unforced orchestral sonority à la Herbert von Karajan dulled both the lyricism and triumph of Beethoven’s Leonore Overture No. 3. In Mackey’s program note for his playfully orchestrated Eating Greens (1993), he aspires to join “a tradition of American ‘crackpot inventors’ ” led by Charles Ives, Elliott Carter, Lou Harrison, Ruth Crawford Seeger, Harry Partch, and Conlon Nancarrow. The music had no chance in Thomas’s devitalized performance, however, which lacked any semblance of sparkle, wit, or crackpottery. Bernstein might have pulled it off if he had cared or lived long enough. Mozart’s Piano Concerto No. 25 with Jeremy Denk seemed a near complete mismatch of minds.

Only in Copland’s Symphonic Ode (1927-29; revised 1955) did Thomas demonstrate commitment. It’s a piece he reveres and has recorded with distinction. It was a favorite of Copland’s too—an attempt to compose “purer, non-programmatic” music after his jazz-inflected works of the 1920s, following his return to the U.S. after studies with Nadia Boulanger in Paris. But it’s not top-drawer Copland. Koussevitzky and the Boston Symphony couldn’t master the difficult rhythms, and the premiere was postponed for revisions. These days, such “difficulties” are second nature to such virtuoso conductors and players as Thomas and his San Franciscans, but audiences have never warmed to either this piece or this period of Copland’s works. As in the evening’s previous performances, applause was perfunctory.

By the mid-’30s Copland had moved on to his folk-nationalist “American” period, and in an encore Thomas at last unleashed his San Francisco players’ inherent splendor with  the Hoe Down from the composer’s ever-popular Rodeo. The audience went wild.

A Secret About Passports

November 14th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

I have a question about a visa I am working on.  This is one of those 0-1/0-2 visa things.  The person getting the 0-1 is fine and dandy, but the person who is getting the 0-2 just got French citizenship and is waiting for her passport – hopefully here soon, but I have to get this visa petition in really soon. Can I submit a petition without a copy of her new passport, which she is waiting on? Or does that absolutely have to be in the packet? I think she has the number of the passport that’s coming, but just not the physical booklet so that she can make a copy for me.

You should submit the petition with a copy of the OLD passport. A beneficiary does not need to show up at the consulate with the same passport that was used for the petition. There are many occasions when an artist will get a new passport between the time a petition is submitted and the time they actually go in for their consulate interview. So long as they show up at the consulate with a valid passport (and the name and birth date are the same) that’s all they care about.

I’ll let you in on a little secret: USCIS does not require passport copies to be submitted with a visa petition. So you may be asking yourself: “Then why should I ever bother including a copy of the passport in the first place?” I’ll tell you—to cover your butt! More specifically, as insurance against your mistakes or, more likely, mistakes made by USCIS.

As you are doubtlessly aware, each I-129 visa petition has a section where you enter the personal information of the artist—or, in the case of a group where there are multiple artists, you attach a beneficiary list where you provide the personal information for each member of the group. A clerk in the USCIS office will use this information to prepare the I-797 receipt notice as well as the all-important I-797 approval notice.

There are many opportunities to make typos on I-129 petitions. Most commonly, USCIS requires all birthdates to be entered into the MM/DD/YY format when most other countries around the world write dates in the DD/MM/YY format. Typos can also occur in the case of multiple middle names or unusual or uncommon spellings. If the visa petition includes a copy of the artist’s passport, USCIS will cross-reference the names and personal information listed on the I-129 with the data on the passport. If there are any discrepancies, they will use the information on the passport.

When an artist goes to a U.S. Consulate to apply for his or her visa, the name and birthdate on the artist’s passport must match EXACTLY the name and birthdate written on the I-797 approval notice. While some consulates will make an effort to sort out a discrepancy, others will simply reject the application and require the artist to obtain an amended I-797—which can often mean re-filing the entire visa petition, which includes incurring new filing fees. Providing USCIS with a copy of the artist’s passport can be a critical safety check. Also, in the event USCIS makes a mistake in listing an artist’s name or birthdate on the I-797 approval notice, but was given a copy of the passport with the correct information, USCIS will issue an amended I-797 without requiring you to re-file a new petition.

It doesn’t matter whether or not the passport provided with the visa petition is current or even valid. All that matters is that, at the time the artist appears at the U.S. Consulate, he or she presents a valid passport with the same name and birthdate as on the passport included with the visa petition.

Congratulations! You have just been given a piece of arcane information known only to the highest initiates!

___________________________________________________________________

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.

__________________________________________________________________

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!

 

Return of the Troubadour

November 13th, 2013

Jonas Kaufmann and Elena Manistina with Azucena’s mom-ghost in Il trovatore at Bavarian State Opera

By ANDREW POWELL
Published: November 13, 2013

MUNICH — Olivier Py’s neon-lit vaudeville vision of Il trovatore is back, with cast adjustments. At the performance on Nov. 9, Krassimira Stoyanova introduced a cool-timbred Leonora of a certain age, her versatile and expressive top reflecting keen musicianship. Vitaliy Bilyy lurched about in hammy fits as di Luna but sounded potent. If his Il balen wanted more suavity, at least the baritone mustered heft in important places and, with Stoyanova, brought excitement to Mira, di acerbe lagrime … Vivrà! contende il giubilo. Goran Jurić, the so-so Ferrando, managed to swallow more words than he projected.

Looking less engaged than at the June 27 premiere, conductor Paolo Carignani bounced along the top layer of the music. His Miserere again lacked tension. Elena Manistina and Jonas Kaufmann replicated their contributions of five months ago, complete with a now slicker intermission box-sawing.

Photo © Wilfried Hösl

Related posts:
Kaufmann Sings Manrico
Verdi’s Lady Netrebko
Kušej Saps Verdi’s Forza
Ettinger Drives Aida
Rigoletto Lands in Stadium

Petrenko Preps Strauss Epic

November 12th, 2013

Krzysztof Warlikowski with Kirill Petrenko

By ANDREW POWELL
Published: November 12, 2013

MUNICH — Some like to tiptoe into a new job. Kirill Petrenko, 41, prefers to plunge. The fresh Generalmusikdirektor at Bavarian State Opera is now deep in rehearsals for his first production here: Strauss’s ambitious, arduous Die Frau ohne Schatten, uncut apparently.

Krzysztof Warlikowski directs. Known in Munich for a loosely cowboy, loosely gay 2007 Evgeny Onegin, the Warsaw-based régisseur brings a strong background in legitimate theater.

Whatever the director’s take on Frau, though, Petrenko will stand in his own light. He calmly weathered lengthy booing at his Bayreuth Festival debut this summer, for Frank Castorf’s provocative staging of Der Ring des Nibelungen, only to receive praise later for his conducting.

Die Frau ohne Schatten opens on Nov. 21. That will be fifty years to the day since the same opera reopened the company’s war-gutted home, the National Theater, in a legendary performance conducted by Joseph Keilberth.

Adrianne Pieczonka and Johan Botha sing the imperial couple, Elena Pankratova and Wolfgang Koch their mundane counterparts. Deborah Polaski essays the unpleasant Amme. On Dec. 1 the performance will be streamed online without charge at www.staatsoper.de/tv.

As it happens, Petrenko’s second opera as GMD will be a revival of that Warlikowski Evgeny Onegin, opening on Jan. 4, 2014.

Photo © Wilfried Hösl

Related posts:
Petrenko Hosts Petrenko
A Complete Frau, at Last
Mastersingers’ Depression
Petrenko to Extend in Munich
Mahler 10 from Nézet-Séguin

Small Town Dance

November 10th, 2013

By Rachel Straus

I’ve been living in a small town in north central Spain since June. For someone who writes dance criticism and loves taking dance classes, this sounds like a near death situation. But I’ve embraced provincial life, at least European provincial life.

Salamanca may be two hours from Madrid and it does not have a professional dance company, but it has Espacio de Danza, a studio just outside the city center—the site of the third oldest university in Europe (founded 1218).

Since September I’ve been taking advanced contemporary and ballet classes at Espacio. My teacher is Marta. On the school’s website, there are no pages describing Marta or the other maestras in residence. Why? Perhaps no one would care if she studied at a renowned conservatory or with her auntie. A name like the Folkwang Schule or Juilliard doesn’t mean much here. But Marta has studied somewhere legitimate. She teaches a modernized approach to the Russian Vaganova ballet technique and her contemporary class blends the Limon technique with the Spanish choreographer Nacho Duato’s speed and fluidity. Marta knows how to construct a class that develops strength without building unnecessary muscle mass. In each class, she develops on the material from the last in order to build technical complexity and rhythmic play. Most of all, Marta can choreograph: in her contemporary classes she makes dances, not just mini phrases.

Marta’s “advanced” students are mostly in their early twenties. (I put “advanced” in quotation marks because most of us aren’t quite worthy of that denomination). Except for one student, Marta’s pupils will not go on to be professionals. Oddly, the majority of them are studying to be doctors and nurses. What’s the connection? Perhaps these young women (and one man) are attracted to Marta’s precision and her ability to explain the mechanics of movement anatomically.

What I find most amazing at the Espacio de Danza is the lack of histrionics that is endemic to small town dance studios. None of the students wear flouncy little practice skirts. There are no teacher’s pets, or internecine (bitchy) competition among the students. These people are not performing the clichés enacted in the recently canceled U.S. television series Bun Heads, about a small-town, California dance studio.

The classes end at 11 p.m., and when I shuffle back to the old center, the tapas joints are in full swing. With my hair plastered to my head by sweat, and my heart roaring, I feel ready to return to my work: writing a 300-page dissertation leading to a doctorate in Dance Studies. But first I sleep… like the dead.

http://www.espacioendanza.com/

P.S. Next week I will be less provincial. I’ll be reviewing the Compania Nacional de Danza in Madrid and the Vienna State Ballet, after my week-long lecturing on dance at the Bratislava Academy of the Arts in Slovakia.

Opening Nights and Otherwise

November 8th, 2013

by Sedgwick Clark

Deep thought of the day: Every performance is different.

Second deep thought: Every listener hears the performance differently.

Two weeks ago I wrote at the end of my “Valery the Variable” blog that opening-night critics had lambasted Valery Gergiev’s conducting of the Met’s Eugene Onegin (9/23) as unbearably slow and stodgy. Having found in the past that the last performance in a series was his best, I deliberately waited for the sixth and last one (10/12) and found that I “couldn’t imagine more effective, naturally flowing tempos.” Last weekend I heard the beginning of Gergiev’s Met broadcast of Onegin on SiriusXM radio—obviously an earlier performance—and it was indeed unbearably slow and stodgy.

Is Esa-Pekka Salonen the anti-Gergiev, by which I mean that one should try to attend his earliest performances? Jay Nordlinger in The New Criterion and Anthony Tommasini in the New York Times rhapsodized about every note of E-P’s excellent program with the Philharmonic, based around the New York premiere of his recent Violin Concerto and performed five times. Ravel’s Ma Mère l’oye Suite gently opened the concert, and Sibelius’s Fifth Symphony brought it to a roaring close.

I heard the final concert of the series, and my reaction contradicts nearly everything they wrote about the Ravel and Sibelius works. We were much closer in our perceptions of the second work performed—of Salonen’s Violin Concerto (2009) with a fiery Leila Josefowicz as soloist, which evidently received the most rehearsal (and Tommasini’s consideration in his review). The concerto is very easy on the ears, as his music increasingly became while discovering the basic repertoire on the Los Angeles Philharmonic podium over 17 years. Brilliant moments abound, but I miss a sense of structure, a feeling that the piece is going somewhere. (No difficulty in this regard with the Sibelius Fifth, that’s for sure.) So I look forward to auditioning these artists’ L.A. recording on DG and seeing what I think after repeated hearings.

It’s no surprise that I sense a lack of direction in Salonen’s compositions because I often find little detours in his conducting of other composers’ works. Take Ravel, for instance: In the third movement Salonen adopted a slower tempo for a ten-bar transition between numbers 6 and 7, and then again for a similar transition between 16 and 17, which only served to break the music’s stride. And talk about breaking stride, he slowed markedly for the majestic horn theme (deciso) in the finale of the Sibelius, sapping its inherent energy.

Perhaps due to exhaustion—rehearsal of a new program in the morning and the previous program for the fifth time in the evening—the Phil’s playing in the Sibelius was surprisingly lacking in transparency on Tuesday. Jay wrote of the first note of the Sibelius being “absolutely together” and the horns playing in “flabbergastingly fine shape.” On Tuesday, the first note was ragged and the horn fished the opening solo. Moreover, pianissimo playing was never quiet enough, most distressingly in the ppp Misterioso section in the finale. I wonder what it was like on opening night.

Some FAQs About Artist Management

November 7th, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

One of the seminars I have led most often in recent years is entitled “A Backstage View of Artist Management”.  Here are some of the questions I am most frequently asked:

How will I know when I am ready for management?

The hardest thing about this question is that in order for an artist to accept the answer, they must be able to view themselves as a “commodity”. Artist managements are businesses and they must believe that the artists they add to their rosters are marketable. There must be enough things going on for an artist to help them craft a convincing sales pitch about them. Their talent and ability are fundamental, but they are hard to quantify to others without some public manifestation of the artist’s potential success with audiences, as well as at the box office. This might consist of a collection of impressive reviews, significant awards or competition wins, one or more distinctive recordings, a concert series or festival created by the artist, or programming that is compelling and perhaps coordinated with presentations in unusual venues. If an artist can’t make a convincing case for why they might be an advantageous addition to a management’s roster, they really can’t expect a management to be receptive to a direct approach or one made on their behalf.

If a management is interested in me, should I grant them worldwide representation?

Most managements will try to obtain worldwide representation of a client if they can. In my opinion, an artist just starting out in their career should be cautious about granting a manager worldwide representation, unless the manager has demonstrated success in dealing directly with presenters in significant markets other than the one in which they are based. If a young artist based in North America wins a competition in Germany and is offered good representation there, chances are that the German manager will be able to better capitalize on the artist’s success through their well- established contacts than the artist’s manager in North America. For this reason, I recommend that a young artist carefully research the scope of a management’s influence. They might want to only agree to exclusivity in the home territory, while allowing for the manager to bring offers to them outside the home territory as they may arise. It would be wise for there to be a provision in the contract that would allow for the artist to be represented in the future by other managers in other territories, with the initial manager playing a worldwide coordination role (general management) and earning extra commission for their services.

How often should I be in touch with my manager?

The answer to this will depend on how far along you are in your career. A well-established artist may be in touch with their manager multiple times in a single day. A young artist who is beginning a managerial relationship should spend a great deal of time at the outset providing the manager with all the promotional material, past performance history, repertoire and programs that they might need to aid in their sales efforts. If the manager is open to it (and they should be), it is worthwhile to create a list of presenters that might reasonably be targeted in the first year or two, especially presenters for whom the artist has successfully performed in the past. That could form the basis for future strategy discussions and evaluations of progress. Calls from an artist to a manager should be for a purpose, not to in effect ask “what have you done for me lately?”. That should be reserved for in person meetings, perhaps three or four times a year. Artists should always be in touch with their managers to share any new developments or potential booking leads, based on people they have met. They should be aware that managers are often reluctant to share information about potential engagements until they are totally confirmed. The absence of regular calls from a manager should not necessarily be an indication that they aren’t working on the artist’s behalf.

Is it better to be with a bigger or a smaller management?

This is a very tough question to answer in the abstract. A bigger management may have greater resources to apply towards managing your career, such as traveling for sales purposes or attending some of your performances. (A smaller management might bill these expenses, or a portion of them, back to you.) A bigger management may have a greater number of established contacts with presenters and a higher level of influence with those presenters if they have a roster of artists who are greatly in demand. They might also be more likely to hear of cancellations than some of the smaller agencies. At the same time, unless they are adequately staffed, it may be challenging for them to give you the level of attention you might get at a smaller agency. What is fundamental in making a management decision is the quality of the relationship that you hope to achieve. A manager with a small agency who “gets” what you’re about and seems passionate about working with you may achieve greater success than someone from a larger company. Before making any decision, examine the schedules of some artists who are represented by the particular agency and try to speak to a few of them, if at all possible. It might be equally enlightening to ask any presenters who you know if they have had experience dealing with the particular manager and whether they like doing business with them. So much of what happens in an artist’s career is based on the relationships that they and their representatives build with others.

To ask a question, please write Ask Edna.

©Edna Landau 2013

 

Spam Spam Spam Spam Spam….

November 6th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

If I am doing a fee split, am I entitled to the emails of the people who purchase tickets? Our group booked a show at a venue where we are supposed to be getting a portion of the ticket sales. We have asked for the names and email addresses of everyone who purchases a ticket, but the presenter says that this is against the law because it’s the presenter’s confidential, proprietary information. But if people are buying tickets to our shows, why aren’t we entitled to their names and contact info?  

Always start with the contract. What does it say? Do you even have one? If the engagement contract states that you are entitled to receive the names and contact information of everyone who purchases a ticket to your performance, then the presenter is contractually required to give it to you. Case closed.

However, assuming that your contract is silent on the subject, then the presenter may be giving you the correct answer, but for the wrong reason. A lot of people toss around the words “confidential” and “proprietary” without really having any idea what they mean. If your interest in having the names and emails is so that you can send out announcements of your future shows (ie: spam), the presenter has a legitimate concern that this may violate the CAN-SPAM Act–which has nothing to do with confidential or proprietary information.

The CAN-SPAM Act is a federal law that governs the sending of unsolicited commercial emails. This law states that anyone who receives an unsolicited commercial email has the right to request that he or she be removed from future mailings and places a number specific requirements on those who send such emails, including requiring the sender to provide an opt-out mechanism, a physical address, and to remove anyone who requests to be removed from the mailing list. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service.” Under the CAN-SPAM Act, anytime you ask someone to “buy” something or spend money, its considered “commercial.” Sending emails to promote an artist or an ensemble is just as “commercial” as sending emails soliciting donations or promoting a concert, a fundraising event, or any program where tickets are sold. (The law makes no exceptions for tax-exempt 501(c)(3) organizations.) As a result, any individual or organization that sends a commercial email to someone who has specifically asked not to be contacted, or sends such emails and fails to provide an opt-out mechanism and/or to remove someone from its email list upon request, can be prosecuted for violating CAN-SPAM.

Individuals and organizations can also violate the CAN-SPAM Act by providing email addresses and contact information to third parties. Very often presenters and venues collect email information for purposes of contacting patrons to verify ticket purchases or to inform them of cancellations, but these same patrons may “opt-out” of receiving solicitations or commercial emails. If the presenter were to disclose such email addresses to a third party knowing that the third party intends to send unsolicited commercial emails, then the presenter would itself be liable for violating the CAN-SPAM Act.

In this case, if the presenter were to give you the data you want, and you violate the CAN-SPAM act, then the presenter could be liable. However, given their inarticulate basis for refusing your request, I don’t believe for a minute that your presenter is actually even aware of the CAN-SPAM act. More likely than not, your presenter simply doesn’t want you to have the ticket list because the presenter wants the names and emails all to itself to promote its own future seasons, subscriptions, donations, etc. Regardless, the bottom line remains the same: without a contract entitling you to this information, you’re at the mercy of the presenter. When performing at a venue, there is neither an inherent nor implicit right to patron names and addresses just because you are the performer and people purchases tickets to your show.

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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.

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THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!