There’s No Place Like Home

September 19th, 2013

by Sedgwick Clark

 

This ecstatic smile has popped up on my computer screen saver nearly every morning for the past 11 years. She’s Scarlett, our second bichon frise, a week after giving birth to her first litter at around 5 a.m. in our living room. How’s that for a proud parent? That gleam of life’s excitement rarely left her eyes for over 14 years. When we walked the dogs in Central Park, people couldn’t believe that she was mother to the other two from her second litter, Bentley and Lilli.

Our previous bichon, Gaby, had lived until 17½, and Scarlett’s illness took us by surprise. When she returned home from the hospital the first time she began eating like a horse and regaining weight, pleasing doctors and parents no end. Out in the Park ten days ago she romped around like a puppy. But the next day she stopped eating. We went to see her at the hospital last Sunday and took her out to a park across the street to enjoy the sun. When Peggy put her down on the pavement she immediately turned east and began to trot in the direction of our apartment.

We brought Scarlett home for the last time on Tuesday, and she died that night. A wise friend said to me after Gaby died, “When you have pets in your life, you’re going to have your heart broken every ten years.” Yes, but even with the heartbreak, what I’ll remember most is Scarlett heading home.

“Thanks For All The Trouble, But I Made Other Plans!”

September 18th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder

I work for a venue that engaged an artist for a concert. I agreed to pay for hotel and travel. After the engagement, the artist told me that she decided to stay with friends and drive. I can’t get my money back. Can I deduct my losses from her fee?

No, you cannot under any circumstances deduct these costs from her fee. That would be like agreeing to provide food for an artist backstage and then asking the artist to reimburse you for the left overs.

I realize that times are tough (though, in the performing arts, times have always been tough, so, perhaps I should say that I realize times are tougher), and every penny counts. Certainly, had the artist informed you in a timely manner that she didn’t need the hotel or travel arrangements, you could have cancelled or even saved yourself the time and expense of making the arrangements in the first place. However, presumably, the engagement contract did not require the artist to inform you if she did not require hotel or travel. As a result, these were not “losses”, but, rather, “costs” which you contractually agreed to incur.

I would argue that, from a professional standpoint, the artist or her management should have informed you of the artist’s change of plans regardless of whether or not they were contractually or legally required to do so. However, if you agreed to pay for hotel and travel, then you were contractually obligated to incur these costs. If the artist decided to make her own arrangements and not avail herself of the hotel and travel you provided, that was the artist’s decision to make. Your only obligation was to comply with the terms of the contract, which you did.

In the future, you may want to consider adding a provision to your engagement agreements that, if you agree to incur hotel and travel costs, an artist must inform you in a timely manner if they decide to make their own arrangements and reimburse you if they fail to do so. In addition, should you ever consider re-booking this particular artist in the future, I would expect you to ask for the engagement fee to reflect the unnecessary expenses you incurred…or, at the very least, tell the artist to stay with her friends and drive.

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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.

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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!

BACK TO WORK

September 17th, 2013

By James Conlon

Done! My convalescence officially came to an end last Thursday when I started rehearsing Benjamin Britten’s A Midsummer Night’s Dream at the Metropolitan Opera.

Having recently come through surgery to correct damage from repeated bouts of diverticulitis, the fragility of life is on my mind. In general, I write rarely about myself but want to publicly thank the many friends and fans who have sent me good wishes.

“What doesn’t kill us, makes us stronger” is a rough translation of a famous adage of Nietzsche. A crisis can disrupt and then create a new and better equilibrium. I have come through the operation and recovery reinvigorated and determined to live every day to its fullest.

I hadn’t realized until after the operation that I had had a close call. From this experience, I have learned not to ignore the body’s messages. Recuperating from surgery has given me an opportunity to reflect deeply and re-order priorities.

I am thankful to be alive; indebted to the excellent medical care I received from my doctors (both in Italy and New York) and New York Presbyterian Hospital. I am grateful to my wife, daughters and friends, all of whom took great care of me afterwards. Now, except for the predictable post-surgery soreness, I feel better than I have in years.

Yesterday, I rehearsed with the Metropolitan Opera Orchestra returning for the first time in several seasons. Just being there was life affirming. It felt great to be conducting again, to hear their brilliant sonority and to be reunited with friends and colleagues.

I believe in the healing power of music, now more than ever. While recuperating, especially when too tired to read, music focused my mind outside the body in a salutary way. I had conducted for months with intermittent pain, which gradually became chronic and more intense.

Mind over matter, I thought, making my way through the marathon schedules of the Cincinnati May Festival and Ravinia Festival, only feeling good while rehearsing and performing. I had “survived” weeks of rehearsals and five consecutive performances of Verdi’s Macbeth in Florence in the Teatro della Pergola (the theater in which the composer conducted its premiere in 1847), as well as concerts in Paris, Rome and Spoleto.  Making music was the only pain-free part of my day. But its almost addictive powers, liked a double-edged sword, proved dangerous. It helped me, stubborn and determined to keep going forward, to disregard pain that was a sign of the seriousness of my condition. I will never do that again.

I want to thank my friends, and even people whom I do not know, for their thoughtfulness in writing to me. Regrettably it is impossible to respond to every individual. I am grateful for the indulgence of the editors of Musical America who have been gracious about my absence from the web site, and who have given me the opportunity to say thank you.

And now back to work, to health, and to music.

Being in Bayreuth

September 15th, 2013

By James Jorden

There’s a remarkable synergy about the Bayreuth Festival: it’s not just the theater, or the performers, or the programming or even the “mission,” considered broadly. It’s the whole experience, including the audience. They– we– are integral to making the Festival not just a lot of high-priced music stuffed into a short summer season (though it is that too) but an actual festival, a serious celebration.

Serious, yes, but not gloomy, not (quite) severe. It’s a kind of joyous seriousness, the feeling of being part of a vast team working toward a common, very important goal. In a way, attending Bayreuth feels a bit like what I imagine working on the Manhattan Project or Bletchley Park must have been like: a sort of low-level buzz of excitement in the background, punctuated by bursts of something close to ecstasy.

For the audience member, this sense of community is achieved through a series of acts of separation from the rest of the world. First off, you have to travel to the town of Bayreuth, which is in a not very convenient corner of Bavaria: four hours from Cologne, three hours from Berlin, two hours from Munich. Once you’ve settled into a clean but overpriced hotel or pension, the days and nights fall into a pattern: rise late, breakfast, find something to do for a couple of hours (this is when critics write), nap, dress and, at around 3:00 PM, start the half-hour stroll (uphill) to the Festspielhaus.

Everyone arrives early; during a week there I think I witnessed a single latecomer. At a quarter hour before the first act begins, a brass choir assembles on the so-called “Königsbau,” a balcony facing the city, to play a fanfare based on an important motif from the act to come. At this point the doors to the auditorium are opened and the audience files in.

If the seating plan in the Festspielhaus seems a little Spartan to us now, I can only imagine what kind of mad folly it must have appeared to an audience in 1876. The theater breaks conclusively with the “ring” configuration then universal in opera houses, creating a space that is almost completely “orchestra” or platea, with arc-shaped aisleless rows gradually expanding in a wedge shape from stage to back wall. Each row is stepped higher than the one before it, a similar arrangement to “stadium” film theater seating. Across the back wall is a modest series of three balconies containing a total of only about 400 seats of the theater’s 1,925 capacity.

The interior of the auditorium suggests more a 19th century municipal building than an opera house: restrained columns lit by globe lamps, arranged on a series of short angled walls suggestive of the forced-perspective wings of the baroque theater. The eye is irresistibly drawn forward, toward the stage, which is framed by a pair of proscenium arches on the near and far side of the hidden orchestra pit. The effect is curious: the stage seems almost infinitely far away, which makes everything on it, sets and singers alike, seem fantastically oversized, as if we are viewing the entire stage action in a sort of closeup.

Adding to this effect is the astounding Bayreuth acoustic, which somehow makes every bit of music sound as if it is originating only a few feet away, though, paradoxically, even in the most overheated climaxes the sound never gets anything more than pleasingly, viscerally loud, never noisy or oppressive. In a way it’s like listening to a really superb recording in one’s own living room, only without any sense of electronic mediation.

The acoustic is particularly flattering to voices, and the smarter singers know how to “play” the auditorium to create effects that would be impossible in just about any other theater. For example, in Lohengrin, Klaus Florian Vogt sang “Nun sei bedankt, mein lieber Schwan” in a relaxed half-voice while walking slowly from upstage to downstage, and the voice sounded like it was approaching from miles away, gradually gaining body and focus. It was as if Lohengrin materialized from thin air, becoming real as we watched and listened.

The combination of visual and aural closeness creates that most desired theatrical effect, the sense that the performer is not singing for a mass of people, but just for you. A number of great theatrical artists have this gift of “intimate” performance, but at Bayreuth, the effect is not dependent on any given artist’s personal charisma: you feel disarmingly close to every sight and sound.

Meanwhile, of course, everyone else in the theater is feeling that same sense of intimacy, so when the lights come up, there is a little moment of shyness, as if that stranger sitting next to you has seen into your soul. But then the timidity fades away and what is left is a strong sensation of a profound shared experience: not something you saw happen, but rather something you helped to make happen.

It’s astonishing, and honestly it’s not like anything else on earth, at least not like anything I’ve run into in an opera house. It’s borderline mystical, in fact, which is one reason I found it extremely difficult to write critically about what I actually saw and heard at Bayreuth this summer. For the Ring I did a quick roundup in the New York Post and a good deal of of thinking out loud over on parterre.com, but so far I haven’t had much to say about the two non-Ring productions I saw this summer, Lohengrin and Der Fliegende Holländer. I’ll try to take those on next week in this space.

Minnesota Chicken

September 12th, 2013

by Sedgwick Clark

Will the Minnesota Orchestra board of directors and musicians union commit corporate hari-kari? The deadline imposed on the players by the board is this Sunday, September 15. Minneapolis Mayor R.T. Rybak is quoted in the local StarTribune, “Lock yourself in a room and shut up about it until you come back with a solution. The community is disgusted and desperate.” Among my vivid memories of these artists is a program of Beethoven’s Grosse Fuge and Sibelius’s Kullervo at Carnegie Hall on February 28, 2010. One does not need to live in Minneapolis to be “disgusted and desperate.” See my blog of August 31 for details.

Are Recordings “Honest”?

For over three decades now, digital editing has rendered studio recordings unreliable as documents of a performance, just as photoshop has destroyed the verity of photographs. It’s only in a live concert that we can truly judge a performer’s technical acumen or artistic ability—and still one may legitimately wonder if the hall might be assisted by discreet miking.

So my interest was piqued a few days ago by this paragraph in a Decca press release of a Liszt recital by a young pianist who has reportedly achieved renown via U Tube:

“A fiery performer who likes to take risks, Valentina Lisitsa recorded one version of the recital direct to analogue tape, transferred without edits for a special edition LP product. Due to size limits, the LP edition contains slightly less repertoire than the full album.  Lisitsa simultaneously recorded in high-resolution 24-bit digital audio to make the most of modern music formats.”

I don’t know how the two separate performances could be recorded “simultaneously”—“in the same sessions” would be more accurate—but I’m being picky. Actually, truth in recordings became a thing of the past about 30 years before digital editing. Prior to the advent of tape, in 1948, records were made in approximately four-minute “takes,” and the artist(s) would make as many takes as necessary (or affordable) to achieve a releasable result. Some were barely that: Listen to the shocking hash that Artur Schnabel makes of the mighty solo-piano fusillade that opens the development section of the Brahms D-minor Piano Concerto’s first movement. I played that passage for David Dubal and Ruth Laredo one afternoon at WNCN, and they nearly fell out of their chairs.

No pianist today would dare play like that in public. Note-perfect performances are simply expected. We’ll see how Lisitsa’s honest LP measures up to the digital “product” when the recordings are released on October 8.

Looking Forward

My week’s scheduled concerts (8:00 p.m. unless otherwise noted):

9/17. Avery Fisher Hall. New York Philharmonic/Constantine Kitsopoulos; Alec Baldwin, narrator. Hitchcock! Excerpts from Vertigo, North by Northwest, To Catch a Thief, Dial M for Murder, and Strangers on a Train with soundtracks performed live.

Inspiration and Mentoring in the Workplace

September 12th, 2013

by Edna Landau

To ask a question, please write Ask Edna.

Over the summer months, I had the opportunity to speak with a number of young people who are currently working in artist management, as well as others who have moved on to different areas of the classical music business. Having felt for a long time that we are not doing enough to nurture the next generation of artist managers, I asked for their opinions and suggestions. Overall, they tended to concur with my supposition; however, they all felt that the situation could be improved despite changes in the industry and the minimal profit margins that many artist managements face. The most immediate problem for those entering the field is the limited opportunities for upward mobility. They often have a music background and are willing to start at a low salary with entry-level responsibilities, with the hope that their situation will improve before too long. They soon learn that there is no built-in system for advancement, and that promotions are often dependent on someone leaving the company since the budget rarely allows for adding new positions unless there are significant new artist signings or touring attractions. What can make a real difference during this indefinite “apprenticeship” period is if those senior to them take advantage of opportunities to inspire and mentor them in ways that will nurture their talents and groom them for future higher positions within the company as they open up. Often this doesn’t happen and when word gets out to other agencies about their promising potential, they are snatched away at a higher salary (which might only be $2500 to $5000 more). Might there not have been a way to trim the expense budget enough to hold on to them? The process of training a new person can be lengthy and time-consuming, and there is always the danger of a dip in morale with staff departures. How can we do a better job of nurturing and mentoring gifted younger talent to avoid the disruptions that regular turnover causes in our businesses? Here are some ideas that we came up with together:

Senior staff should check in on junior employees at least once a week to see how they are doing. They should make sure to offer praise for work well done. They should inform them when visitors might be coming into the office and make every effort to introduce them to one another. Just about everything in the artist management business revolves around personal relationships. People at every level will work harder if they get to meet people with whom they interact on a regular basis. It should go without saying that every individual who works on behalf of an artist at any level should have the opportunity to meet that artist when they visit the office.

If possible, managers should give their associates/assistants opportunities to listen to conversations that might be particularly enlightening (at least to one side of the conversation, if using a speaker phone is awkward). There is no better way to learn how to negotiate fees than to eavesdrop on a manager adroitly navigating their way through a demanding negotiation. Managers should also share with their assistants details of some of the challenges they have been encountering, asking how they might have dealt with such challenges and leaving ample time for questions. Once managers and their assistants have worked together for a while, it becomes especially meaningful if they invite them to artist meetings. It demonstrates to the artist that they have a team to turn to at all times and it is very gratifying to the assistants to feel trusted in this way. An additional way to convey a sense of trust is to give the assistant a small project to handle on their own, with the prior understanding of what is to be undertaken and the desired goal. Constructive feedback (and hopefully praise) at the end of the project helps enormously to build confidence and a sense of achievement.

An incalculable amount can be learned by being cc’d (or blind copied) on e-mails.  When Charles Hamlen and I headed up Hamlen/Landau Management and later IMG Artists, we circulated our daily correspondence to anyone who felt inclined to read it. Managers tend to travel a great deal and sometimes it can be difficult to keep up with everything while on the road. An informed junior colleague will be up to date on their activities and will be familiar with their style of dealing with artists and presenters—a great advantage during the manager’s absence.

No matter what challenges crop up on any day, it is important for the senior artist manager to present a positive and upbeat demeanor to junior employees. If they often come across as exhausted and frustrated, they could seriously cause a young colleague to wonder if this is a direction they should personally be contemplating. All of us who have spent a great deal of time in the artist management business and the classical music industry in general undoubtedly feel that the joys of our work far outweigh any possible drawbacks. Our only hope in attracting new gifted talent to the field is to demonstrate that joy and communicate it regularly to those around us.

In thinking about colleagues of mine with the greatest longevity in our business, I was drawn to contact R. Douglas Sheldon, the greatly respected Sr. Vice President and Director of Columbia Artists Management Inc. (CAMI). He kindly agreed to meet with me and share some personal insights gained over 47 years with the company. He came to CAMI in 1966 from the Rochester Philharmonic and started out as the Midwest booking representative. There was no formal training but he learned from watching Ed Kneedler, who ran the booking department, and later from Sheldon Gold and Ronald Wilford. He also cites as mentors such legendary presenters as John Edwards (Chicago Symphony), Bill Dawson and Fan Taylor (both managers of the University of Wisconsin cultural presentations), Al Edgar (with whom he founded the Ames International Festival in 1969) and Chicago impresario, Harry Zelzer. After four years, Mr. Sheldon became Director of Booking, a position he held until 1979. His subsequent work has focused on management of leading artists and orchestras, as well as developing younger talent. Anyone who comes in contact with Doug Sheldon surely has no doubt of his total dedication and passion for the business, which must have played a big role in keeping an associate such as Mary Jo Connealy working alongside him for 25 years (until her untimely death in 2005). She began as his second secretary, handling itineraries, logistics and tour budgets, but brought with her a strong musical training and an acute ear for talent. In her seventh year at CAMI, he asked her to travel with violinist Anne-Sophie Mutter for three Canadian dates during a recital tour. The respect that had begun to develop between the two solidified during that time and led to close work together over many years, yet at no point did Ms. Mutter question Mr. Sheldon’s ongoing dedication to her and the development of her career. Ms. Connealy went on to become a Vice President and beloved artist manager at CAMI.

Doug Sheldon spoke to me about young people applying for jobs at CAMI today. Their first question is often about the path for promotion at the company. He tells them that there is no “path,” but offers to introduce them to a good number of people who started at the most basic entry level and now occupy significant positions. He explains that they succeeded in earning the company’s and its artists’ confidence and created their own path. I asked how he personally helped some of them along the way. He spoke of the importance of sharing information, philosophy and context. He further explained that there is no point in asking someone to handle their first fee negotiation if they don’t possess background on the artist and presenter and understand the significance of the date and the depth of the relationship that led to the negotiation. He was also quick to add that one should always remain open to hearing from younger colleagues as “their ideas can be better than your own.”

Doug Sheldon spoke of his team of six as “helping him accomplish what he could never do on his own.” For that reason, he feels they should know as much as possible about his work. He has daily interaction with them and they have total access to his e-mail correspondence. One imagines that with this style of working, everyone wins. I recall attending Doug Sheldon’s 60th birthday party during which Zarin Mehta, among others, made a toast. He said that he could sum him up in just one word: integrity. I am sure that all of us who have been privileged to work in the artist management field for a long while strive to bring integrity, first and foremost, to everything that we do. We must dedicate ourselves to sharing that goal with our younger colleagues and give them the tools with which to achieve it.

To ask a question, please write Ask Edna.

© Edna Landau 2013

Please note that this column will henceforth be posted biweekly.

Salon Style Dance: Miro Magliore’s Chamber Ballet

September 10th, 2013

By Rachel Straus

Small is beautiful. That has been Miro Magliore’s approach to dance making since he created the New Chamber Ballet in 2004. On September 6 and 7, at New York City Center’s Studio Five, Magliore presented five short ballets. His selection of a salon-size cast—five female dancers and two musicians—and his decision to annually present his two-night seasons in a bare bones studio are not just practical responses to the dire state of U.S. arts funding. They express his aesthetic vision. Magliore’s ballets cleave to modesty. His City Center evenings, which offer neither sets nor lighting, bear a similarity to the experience of sitting in one of the spare Lutheran churches of his German homeland. In contrast to the baroque spectacle of Roman Catholic churches (and Broadway theaters a few blocks west of City Center), Magliore’s presentations, which always feature live music, are the opposite of the razzle and dazzle. A large number of his sixty plus dances explore classical ballet as modernist minimalism (think Mondrian’s grid paintings or Balanchine’s Agon). His works demonstrate how ballet can occupy a space, and develop a small, loyal audience, beyond its visible position as an elite opera house entertainment for the rich and powerful.

Magliore’s newest work Oracle, seen on the 7, is for three dancers and it’s a departure for this trained composer, who has a penchant for dissonant classical music. The only sound in Oracle comes from the rhythmic rattles and propulsive stabs produced by the dancers’ African-style anklets and by the wooden blocks of their pointe shoes. The Oracle of the ballet’s title is Traci Finch. She rushes onto the stage and throws herself onto the floor. When she enters the dance space, marked by a square of white tape, she places the rattles, made of dried seeds, around her ankle. She disturbs a pastoral tableau created by the supine Sarah Atkins and Holly Curran, who, like she, are wearing Greek-style tunic dresses and golden bands in their hair (created by Sarah Thea Swafford). Finch spurs the sleeping pair into dance, and when she does, the trio performs triplet rhythms reminiscent of galloping horses. But instead of running, the lithe women execute échappés (open and closing of the legs) and passes (balances on one leg), which in pointe shoes develop pliable and steely pointe dancing. When the three women circle the space in sets of three unison lunges, which pause long enough for their rattles to cease their echoing of the movement, they resemble three Greek muses, floating.

The subject of Oracle certainly references ancient mythology. Finch, who is as an outsider and is abandoned at the ballet’s end, is the soothsayer. She sees a dire future, becomes frenzied (her ankle rattle becomes possessed by a shuddering invisible demon), and then she drops dead. She’s seen the worst, but what it is is anyone’s guess. Magliore’s approach to these events isn’t particularly interesting. It’s difficult to create epic drama without music, a sizable cast, and danceable music. But this new work should be perceived as a failure. It’s a highly imaginative use of two traditions: pointe work from Europe and instruments from Africa (or the Middle East). When the dancers break into Dionysian solos, each undulating their torso to the accompaniment of their fellows dancers’ rhythmic stamping, Magliore is in new territory. I hope he continues this cross-continental pollination.

The other works on the program were Klaverstück (2008) to Karlheinz Stockhausen’s Klavierstück IX (as played by pianist Melody Fader and danced by Elizabeth Brown and Holly Curran). In A Simple Black Dress (2010) to Pierre Boulez’s Anthèmes (as played by violinist Doori Na and danced by the remarkable Amber Neff), Anna’s Last Day (2013) to Rebecca Saunders’ Duo for violin and piano (with a cast of Na, Fader, Sarah Atkins and Neff) and The Letter to Joseph Haydn’s Piano Sonata No. 50 in D Major (with Fader, Brown and Curran). In each ballet, the musicans performed with or next to the dancers.

In Magliore’s world, music and dance are given equal weight, both visually and aurally. In Magliore’s world, small isn’t just beautiful, it expresses something of the divine.

* The New Chamber Ballet’s 2013 season isn’t finished. For more information, go to Magliore’s company website or click upcoming performances.

Popularizing the Classics

September 5th, 2013

by Sedgwick Clark

In a thought-provoking article in the August 25th issue of The New Republic, Philip Kennicott addresses the crisis of American orchestras. “How an effort to popularize classical music undermines what makes orchestras great,” reads the deck. What exactly does “popularize” mean, and what will it undermine?

Is it “popularization” for the New York Philharmonic to play two pre-subscription season film-music programs in tandem with the films — the first being excerpts from five Hitchcock films (8/17 & 18) and the second a complete showing of Stanley Kubrick’s 2001: A Space Odyssey with Alan Gilbert conducting the classical foreground score (8/20 & 21)? Or is popularization driving Carnegie Hall’s opening-night mix (10/2) with the Philadelphia Orchestra under Yannick Nézet-Seguin: classical bon-bons by Tchaikovsky, Saint-Saëns, and Ravel, with Josh Bell as soloist, followed by Esperanza Spalding in new arrangements for double bass from her latest CD? Or would orchestral arrangements of pop music be attempts at popularization? Well, of course they are, and what of it? Did members of the Philharmonic sully their artistry when they moonlighted in Bernstein’s Deutsche Grammophon recording of West Side Story? No comment necessary.

All I know is that I plan to go to the pre-season NYPhil concerts because I love those films and their music, and that won’t stop me from going to several of the orchestra’s subscription concerts if I like the programs. I especially look forward to hearing the Hitchcock cuts in full orchestral dress. My major concern is whether the Philharmonic gets good copies of the films. Several years ago, John Williams led a concert of his film music at the Phil, and the film sources were washed out and grainy. (I was told when I complained to management that he brought his own films, tailored for the concert.) I’ll go to the Carnegie opening too, enjoy the “classical” selections of the program, and (if deadline permits) maybe even stick around for the Esperanza Spalding part. But I don’t think I’ll be attending a complete Spalding concert or the Philly playing arrangements of Bruce Springsteen hits. New Jersey Governor Christie can have my seat if that ever happens.

We’ve Been Hacked!

September 4th, 2013

By Robyn Guilliams

Dear Law & Disorder: Performing Arts Division,

We are a small presenting organization, and we use an outside company to handle our ticket sales.  The company provides us with cloud-based software, which we use to process both online and box office ticket sales. We were recently informed by the software company that they’d been hacked!  The company told us that all of our patrons’ relevant information may have been compromised, including their credit card information. A lawyer on our board said that we are responsible for notifying all of our patrons of the security breach.  Is this true?  There are over 8,000 patrons in the system, going back quite a few years!  We don’t have the personnel to devote to this type of project.  One of the reasons we out-sourced our ticketing was to avoid handling and storing this type of sensitive information.  If we don’t handle the credit card information, why are we responsible if that information is stolen?

Oy, what a headache!

Unfortunately, I would guess that the terms of your organization’s contract with the ticketing software company require your organization to notify its patrons in the event of this type of security breach.  In fact, the contracts I’ve seen for this type of service require that the presenting organization indemnify the software company in the event of a breach.  This means that you are not only responsible for your own legal expenses and damages should one of your patrons suffer a loss as a result of the breach, but you’ll have to pay the software company’s legal expenses and damages as well!  And usually, these types of provisions are not negotiable.

In addition, you may want to take a look at the website of the PCI (Payment Card Industry) Security Standards Council, which sets the standards for companies who process credit card transactions (like your ticketing software company.)

See: https://www.pcisecuritystandards.org/faq/

Because your organization doesn’t actually handle or store credit card data, it’s not required to be “PCI Compliant.” However, as stated on this site, “it is the responsibility of the merchant to ensure that the data they share with third parties is properly handled and protected – just because a merchant outsources all payment processing does not mean that the merchant won’t be held responsible by their acquirer or payment brand in the event of an account data compromise.”

The good news here (such as it is) is that most states provide a mechanism for an organization like yours to protect itself in the event a third party credit card processor is hacked.  Generally, if you provide timely notice to your patrons of the breach, you can’t be held liable for your patrons’ damages (the theory being that if your patrons know about the breach, they can take steps to protect themselves.)  For instance, in New York (and many other states), your organization is protected from liability if you notify your patrons of the security breach “in the most expedient time possible and without unreasonable delay.”  The notice can be made in writing, electronically, or by phone.

Also, there are insurance policies that cover this type of cyber liability.  These policies usually cover the cost of notifying your patrons, as well as any legal expenses or damages you may have due to the breach.

In short, the volunteer lawyer on your board is correct. (As we don’t often agree with most lawyers, this is a rare occurrence, indeed!) Given the vulnerability of identification fraud and the potential exposure of your organization, you’d be wise to find a way to notify your patrons.

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Brian Goldstein and Robyn Guilliams will be attending the 2013 Midwest Arts Conference in Austin, Texas next week.

Our next blog will be on September 17, 2013.

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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!

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The Minnesota Orchestra’s Dance of Death

August 29th, 2013

by Sedgwick Clark 

EXTRA! EXTRA!

Moments after posting this blog I received a press release announcing that “The Minnesota Orchestra Board Negotiating Committee has issued a revised contract proposal in the ongoing labor dispute with the Musicians’ Union that would lift the musician lockout and significantly modify both the proposed wage reduction and the number of work rule changes sought.” While the news is encouraging, we await a response from the Musicians’ Union. My general comments still apply.

SEE THE MUSICAL AMERICA WEBSITE FOR A COMPLETE REPORT!  http://www.musicalamerica.com/news/newsstory.cfm?storyid=30280&categoryid=1&archived=0 

It has the makings of Shakespearean tragedy. If orchestra musicians believe they can make a comparable living as freelance chamber-music players in today’s economy, they should hold their course and believe that managements will eventually cave in. If Boards of Directors cease believing in the reason for their existence, they should stick to their union-busting guns and allow the orchestra to die. If a prideful music director believes more in the music than in the music-making, he should resign his position.

We watch aghast as one of the most distinguished American orchestras, a tea party Board of Directors, and one of the foremost conductors of our time march toward Armageddon. A press release arrived yesterday, and my heart skipped a beat in hope of a sanity sunrise. But, no, Minneapolis music lovers had not lynched the president of the board, the orchestra union remained in untenable lockstep, and Music Director Osmo Vänskä clung to “the week of” September 30 as the deadline for rehearsals to begin after a year-long strike and still perform adequately in his career dream—four concerts devoted to his countryman Sibelius’s seven symphonies at Carnegie Hall, beginning on November 2. Trumping that date, management stated that “the Minnesota Orchestra management and musicians will need to reach a contract agreement by Sunday, September 15,  . . . in order to give musicians appropriate notice to return to work by the end of the month.”

No one comes out of this disaster with a good odor. It took bankruptcy to convince the Philadelphia Orchestra musicians that times had changed. Fact: The Minnesota Orchestra has a brilliant history of accomplishment over its 110 years, and in recent seasons at Carnegie Hall has challenged the best in the land. Fact: Many American orchestras’ audiences today will no longer support a 52-week season. Fact: The organization may not be able to continue with the budget and season of pre-recession times. Fact: If all factions of the Minnesota Orchestra cannot drop their rancor and point-making to get back to work and salvage the performance level instilled by Maestro Vänskä, its orchestra will be artistically irrelevant.

Ominously, or perhaps realistically, Carnegie Hall’s latest subscription brochure does not mention the Minnesota concerts.