Musicians’ Airline Blues

June 27th, 2013

by Sedgwick Clark

The friendly skies appeared less so the past week, especially to musicians. The prelude was Diane Sawyer showing a YouTube video on ABC Nightly News of airport workers unloading cargo in, shall we say, a less than careful manner.

Then, on Sunday (6/23), a report appeared on Musical America’s web site about our 2013 Instrumentalist of the Year Wu Man’s favorite pipa being damaged two days before, while en route to a performance. The $50,000 instrument would not fit in the storage compartment of her commuter plane, so the flight attendant offered to store it in the coat closet up front. (Due to the pipa’s weight, I was informed by Wu’s publicist, it was in a soft carrying case.) Carelessly handled, it was damaged, and Wu was given the option of having it stored in cargo below or getting off the plane. She disembarked, of course, located another pipa, and her show went on. Now she has to hire a lawyer to deal with U.S. Airways.

And then there is Virgin Atlantic Airways. I received the following e-mail a couple of days ago from a friend, the conductor Sybille Werner, which she had received from a violinist, Audrey Morse:

“Attention all musicians: “Virgin Atlantic Airways has carry-on luggage size restrictions of 9″x14″x 22″. An average violin case is 31″ in length and exceeds their dimensions for carry-on luggage.  A Virgin Atlantic representative I spoke to today said that no exceptions will be made for musical instruments, which means that violins can’t travel as they cannot be placed in checked luggage.

“Please spread the word amongst the musical community about this airline’s ridiculous policy.”

Roger!

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

6/27 at 7:30. Avery Fisher Hall. New York Philharmonic/Alan Gilbert; Giants Are Small/Doug Fitch, director/designer, Edouard Gataz, producer. Sarah Mearns, dancer; Eric Owens, bass-baritone; Anthony Ross Costanzo, countertenor. Stravinsky: Le Baiser de la fée (The Fairy’s Kiss). Petrushka.

7/2 at 7:30. Metropolitan Opera House. American Ballet Theatre. Tchaikovsky: The Sleeping Beauty.

Who’s Responsible For Performance Licenses?

June 26th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: In all of my artist’s booking contracts, the presenters are required to obtain ASCAP, BMI and SESAC licenses. I recently received a contract back from a venue in which they crossed out that language. They told me that their policy is not to get these licenses and that the artist is responsible for obtaining them. It was my understanding that it was always the venue’s or presenter’s responsibility to obtain the performance licenses from ASCAP, BMI, and SESAC. Am I wrong? You’re not wrong, but you’re not entirely correct either. The truth is that it is the legal responsibility of all parties to make sure that the proper licenses have been obtained for a performance. Which party actually obtains them and who bears the costs is a matter for negotiation. Whether it’s a festival, a school, a nightclub, or a large performing arts center, non-profit or for-profit, it’s the legal responsibility of the owner/operator of a performance space/venue to ensure that the necessary rights and licenses have been obtained with respect to all copyrighted music which is performed at that venue. (Actually, this legal responsibility is not limited to performance rights, but extends to dramatic rights, synchronization rights, broadcast rights, and all other required rights and licenses which pertain to music, images, trademarks, recordings, images, or other protected rights or materials which are used as part of the performance.) However, it’s equally the legal responsibility of the artist, and in some cases, the producer and promoter, to ensure that they have all of the required rights and licenses, including performance licenses from ASCAP, BMI and SESAC. Why? Because if an unlicensed song is performed at a venue, then the US Copyright Act allows all the parties involved in the performance—the artist as well as the venue/presenter, the producer, the promoter, and anyone else involved in the performance—to be sued by the publisher or copyright owner. Stealing a song is like robbing a bank: the entire gang is arrested; regardless of who broke open the safe, who drove the get away car, or who simply served as look out, they all participated in the robbery. I am familiar with many venues which do not want to be burdened with the perceived cost and difficulty of obtaining performance licenses (which, depending upon the specific circumstances, may be neither costly nor particularly difficult), refuse to do so, and insist on the artist obtaining the licenses. However, in my opinion, for reasons I have written about in earlier blogs, this is a foolish policy. In practice, it’s simple easier for venues and presenters to obtain ASCAP, BMI and SESAC licenses than the artist. The venue can purchase a blanket license from each organization that permits all of the music in their catalogs to be performed by any artist at the venue during the license period. These licenses can cover an entire year or just a specific festival or event, and are priced based on numerous factors, including number of performances, ticket prices, size of the venue, etc. With the blanket licenses in place, the artist simply needs to show up. If a venue or presenter prefers not to obtain such licenses, then the artist or performer can certainly do so themselves. However, if no one obtains the licenses, then everyone is liable. Quite simply, whether the venue/presenter requires the artist to obtain the performance licenses or the artist insists that the venue/presenter obtains the performance licenses, passing the responsibility on to another party will not relieve either party from ultimate responsibility if the other party fails to do so. In other words, there is no contract, release, or any other document which will protect you from liability should the necessary licenses not be obtained. This is why, among other reasons, if I operated a venue, I would much rather rely on myself to obtain the licenses than depend upon another party to do so. In your case, if the venue refuses to obtain the ASCAP, BMI or SESAC licenses, then you and your artist have two options: either the artist agrees to obtain the licenses or the artist refuses to perform. Electing to proceed under the expectation that no one will get caught or the publishers and copyright owners will not sue small artists or struggling non-profits is not an option; that’s the same as robbing a bank and hoping the police won’t find you. Not to mention, in an industry where so many purport to operate under the noble purpose of promoting the value of art and artists, I can’t imagine the rationalization of stealing it for any purpose, regardless of how noble. _________________________________________________________________ “Law and Disorder: Performing Arts Division” will be taking a break between July 1 – July 14. Our next post will be on July 17. _________________________________________________________________ For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com To ask your own question, write to lawanddisorder@musicalamerica.org. All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously. __________________________________________________________________ THE OFFICIAL DISCLAIMER: THIS IS NOT LEGAL ADVICE! The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

The Hip-Hop Charleston

June 21st, 2013

By Rachel Straus “Shucks!” Clark grunted. “Do you good to step out. You don’t have to dance—just get out there on the floor and shake.”—Tales of the Jazz Age (1922) Three years after F. Scott Fitzgerald wrote this dialogue, the author immortalized America’s obsession with free spirit-ness in The Great Gatsby. Though Fitzgerald made no specific mention of the ultimate free-spirited trot—The Charleston—it was this dance that became synonymous with the “Roaring Twenties.” And it is the Charleston’s kinetic craziness that film director Baz Luhrmann channels in The Great Gatsby (2013). Actually John O’Connell, the film’s choreographer, creates a Charleston on Crack. It’s intravenously fueled with hip-hop and it looks as if it’s been injected into The Gatsby’s decadent partygoers, who riotously flail in the opening scenes. Thanks to Luhrmann’s team, the partygoers’ dancing and dress bear a greater resemblance to Kostume Kult, the underground New York party organization with roots in Burning Man, than a 1920s Long Island soiree. And that is Luhrmann’s point. He fashions a bad-ass party, an orgy of writhing bodies. Luhrmann isn’t interested in conjuring white folks in cream-colored gowns and black tuxedos, doing a watered down version of the famous 1920 dance—even though that would be closer to the historical truth. To see what I mean about Luhmann’s dancing scenes and costumes, check out this clip: The Great Gatsby In these party scenes, Lurhmann hardly focuses on the dancing (or the dialogue, or characters for that matter). He’s interested in making us blurry eyed, as though we are drunk on hooch. Lurhmann wants us to revel in, or be disturbed by, the decadence of this scene—just as 1920s folks reveled in or were disgusted by the Charleston, back in 1923 when the all-black Broadway revue Runnin’ Wild brought the dance to widespread attention. The traditional Charleston features “peekaboo, now-you-see-it-now-you-don’t opening and closing of the legs,” writes dance historian Sally Sommer (International Encyclopedia of Dance). And like most American social dances, its true development stemmed from improvisations made by great dancers. To see what I mean, check out this clip of Al Minns and Leon James doing the Charleston. They transform the four-step dance into a symphony of limbs. They look like jazz musicians riffing on a melody: The Charleston It’s not said (or written about) enough how the great American vernacular dances, like the Charleston, originated with African-Americans dancers. They combined the rhythmically complex and looser-limbed style of West African dance traditions with European dances like the waltz, which privileged upright torsos and couple dancing. Unfortunately, during the 1920s and 30s, mostly white actors and dancers were filmed performing the vernacular dances created by African-Americans. As a consequence, the Charleston isn’t clearly associated with African-American dancing. Here, for example, is Ginger Rogers dancing the Black Bottom and the Charleston in her role as Roxie Hart in Chicago. She’s not bad: Ginger Rogers Last words: A good definition of the Charleston: The Charleston is a fast-paced and strongly syncopated American social dance that was especially popular in the 1920s. It took its name from Charleston in South Carolina, and was originally performed by African-Americans as a solo dance. By 1926 it was accepted as a ballroom dance. — The Oxford Dictionary of Dance (2010)

Something to Prove at the NYPhil

June 20th, 2013

by Sedgwick Clark

Lionel Bringuier, an exuberant 26-year-old Frenchman with an apparent need to prove something, conducted the Philharmonic last Thursday (6/13) in an entertaining program of conservative 20th-century music at Avery Fisher Hall. The cartoonish side of Dukas’s The Sorcerer’s Apprentice was appropriately raucous, but the achingly slow, rubato-laden treatment of the Assez lent intro would have been better suited to the Tristan Prelude. Prokofiev’s Second Violin Concerto, with Leonidas Kavakos the exemplary soloist, received a fine accompaniment. Kodály’s Dances of Galánta seemed more stop and go than usual; the tempo changes are in the score, to be sure, but the older Hungarian conductors on record had more convincing ebb and flow in their blood. Stravinsky’s 1919 Firebird Suite was a crowd pleaser, as always.

Still, I wonder if the Philharmonic players liked their young conductor? The violins were accurate but coarse in tone throughout. Perhaps his just-ending, six-year tenure as resident conductor of the LAPhil in the velvety acoustic of Disney Hall didn’t prepare him for Fisher Hall’s uningratiating fortissimos. Moreover, the orchestra’s virtuoso French horn player Philip Myers, reverting to his misbehaving pre-Masur days, was at least four times too loud in his f espr. solo on the second page of the Kodály, and parts of the Firebird sounded like a horn concerto. None of the musicians applauded until Bringuier asked the woodwinds to stand for final bows.  

A colleague who heard the Friday afternoon concert of the identical program reported that the objectionable details above appeared to have been toned down overnight, but that the Dukas was deficient in humor and the Kodály in gaiety.

Happy Birthday, James Levine

Having celebrated James Levine’s 40th year at the Met last year with 21 DVD and 32 CD box sets of his hand-picked performances, the company is lighting candles for his 70th birthday this weekend with 14 of his favorite performances on Met Opera Radio, Sirius XM Channel 74. 

Saturday, June 22, 2013

6 a.m. ET. Un Ballo in Maschera (Verdi) from January 26, 1991. Levine conducts Aprile Millo (Amelia), Luciano Pavarotti (Riccardo), Leo Nucci (Renato), Florence Quivar (Ulrica), Harolyn Blackwell (Oscar).

9 a.m. ET. Salome (Richard Strauss) from January 5, 1974. Levine conducts Grace Bumbry (Salome), Ragnar Ulfung (Herod), Regina Resnik (Herodias), Lawrence Shadur (Jochanaan), William Lewis (Narraboth).

12 p.m. ET. The Ghosts of Versailles (Corigliano) from January 4, 1992. Levine conducts Teresa Stratas (Marie Antoinette), Håkan Hagegård (Beaumarchais), Gino Quilico (Figaro), Marilyn Horne (Samira), Graham Clark (Bégearss), Renée Fleming (Rosina).

3 p.m. ET. Fidelio (Beethoven) from January 6, 2001. Levine conducts Karita Mattila (Leonore), Ben Heppner (Florestan), Sergei Leiferkus (Don Pizarro), René Pape (Rocco), Hei-Kyung Hong (Marzelline), Matthew Polenzani (Jaquino).

6 p.m. ET. Falstaff (Verdi) from April 5, 1975. Levine conducts Cornell MacNeil (Sir John Falstaff), Evelyn Lear (Alice Ford), Thomas Stewart (Ford), Fedora Barbieri (Dame Quickly), Benita Valente (Nannetta), Douglas Ahlstedt (Fenton).

9 p.m. ET. Die Zauberflöte (Mozart) from February 9, 1991. Levine conducts Kathleen Battle (Pamina), Francisco Araiza (Tamino), Luciana Serra (Queen of the Night), Kurt Moll (Sarastro), Manfred Hemm (Papageno), Barbara Kilduff (Papagena).

12 a.m. ET. Pelléas et Mélisande (Debussy) from January 22, 1983. Levine conducts Dale Duesing (Pelléas), Jeannette Pilou (Mélisande), José Van Dam (Golaud), Jerome Hines (Arkel), Jocelyne Taillon (Geneviève).

 Sunday, June 23, 2013

 6 a.m. ET. La Forza del Destino (Verdi) from March 12, 1977. Levine conducts Leontyne Price (Leonora), Plácido Domingo (Don Alvaro), Cornell MacNeil (Don Carlo), Martti Talvela (Padre Guardiano), Rosalind Elias (Preziosilla), Renato Capecchi (Fra Melitone).

9 a.m. ET. Carmen (Bizet) from March 21, 1987. Levine conducts Agnes Baltsa (Carmen), José Carreras (Don José), Ileana Cortrubas (Micaëla), Samuel Ramey (Escamillo).

12 p.m. ET. Idomeneo (Mozart) from December 21, 1991. Levine conducts Ben Heppner (Idomeneo), Dawn Upshaw (Ilia), Susanne Mentzer (Idamante), Carol Vaness (Elettra), Peter Kazaras (Arbace).

3 p.m. ET. I Vespri Siciliani (Verdi) from March 9, 1974. Levine conducts Montserrat Caballé (Elena), Nicolai Gedda (Arrigo), Sherrill Milnes (Guido di Monforte), Justino Díaz (Giovanni da Procida).

6 p.m. ET. The Rake’s Progress (Stravinsky) from January 17, 1998. Levine conducts Jerry Hadley (Tom Rakewell), Dawn Upshaw (Anne Trulove), Samuel Ramey (Nick Shadow), Stephanie Blythe (Baba the Turk).

9 p.m. ET. The Bartered Bride (Smetana) from December 2, 1978. Levine conducts Teresa Stratas (Marenka), Nicolai Gedda (Jeník), Jon Vickers (Vasek), Martti Talvela (Kecal).

12 a.m. ET. Stiffelio (Verdi) from March 5, 1994. Levine conducts Plácido Domingo (Stiffelio), Sharon Sweet (Lina), Vladimir Chernov (Stankar), Paul Plishka (Jorg), Peter Riberi (Raffaele).

Looking Forward

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

6/20 at 7:30. Avery Fisher Hall. New York Philharmonic/Alan Gilbert; Emanuel Ax, piano. Haydn: Concerto No. 11 in D major. Christopher Rouse: Symphony No. 3. Wagner (arranged by Alan Gilbert, after Erich Leinsdorf) A Ring Journey.

BRUNO BARTOLETTI

June 19th, 2013

By James Conlon Several great classical musicians have passed away in recent months.  Van Cliburn, Henri Dutilleux and Sir Colin Davis have each left an enormous mark on our world, and their passing, in keeping with their international status, has been rightly observed on several continents. Today I offer a personal homage to the conductor Bruno Bartoletti, who died last week in Florence, a day before his eighty-seventh birthday. He was known, and will thus be remembered by those of us who had the fortune to know him, for his extraordinary knowledge, artistic vision, elegance, courage and tenacity. In Florence, at the Maggio Musicale Fiorentino, the many colleagues, musicians and chorus members whose lives and careers he influenced over the course of decades feel his loss. His colleagues and public in Chicago also acknowledge the same appreciation, where his association and artistic leadership saw the newly born Lyric Opera grow into the international opera company it is today. He was born in an age when conductors did not study gestures, podium demeanor or baton technique.  He learned music in conservatory, and then conducting by apprenticeship. He first witnessed, and later participated in, a golden age of Italian vocalism. He embodied many qualities of the conductor/artistic director that seem to be in shorter supply now. He was erudite; a person of broad culture and taste. It was an age in which knowledge of, respect for, and devotion to inherited tradition was considered fundamental. Part of that tradition was the defense of new music. He courageously and tenaciously promoted twentieth-century opera everywhere he worked. The new works he introduced, and sometimes premiered, is long. Today, the presence of many of these operas in the repertory is taken for granted.  It is easy to lose sight of the fact that, at the moment Bruno Bartoletti was defending them, many were not even known, let alone accepted by the public. The list includes works by Bartók, Berg, Bolcom, Britten, Ginastera, Janáček, Penderecki, Prokofiev and Shostakovich. Alongside that mission, he defended Italian opera as part of the great patrimony that he, and his entire nation, received as a birthright. He took Rossini, Donizetti and Bellini no less seriously than Verdi and Wagner. He insisted that conducting Puccini and the Verismo composers be taken no less seriously than conducting Stravinsky or Debussy. He revered this tradition and bristled – as I do – at the notion that it is in some way inferior. By happenstance, I was in Florence the day he passed away. I had barely arrived here when I heard the news, and consequently did not make it up the hill for my customary visit. His sprawling villa, with his many scores and books, was situated across the road from the estate of Lord Acton (which now serves as the Florentine Academic Center of NYU). My older daughter Luisa studied there for a year, and I once visited them both on the same day. I am in Florence for this year’s Maggio Musicale, marking the Verdi Bicentennial by conducting the original version of Macbeth in the Teatro della Pergola, the very theater in which the work was created in 1847, conducted by the composer. I was looking forward to discussing the early version of Macbeth with Bruno. He would doubtlessly have had a lot to say. He was the embodiment of an age that took for granted the notion that an interpretative artist’s first obligation was to know, respect and, yes, revere inherited culture, its works of art and performing traditions.  For him, defending those traditions was not in any way antithetical to the advocacy of the new and innovative, demonstrating that there is no contradiction in so doing. By serving two supposedly inimical masters, he showed that they are, in reality, one.

Your Move or Mine?

June 19th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: If I am booking an artist, whose job is it to draft the contract? Some venues ask me to send them my contract, but other venues seem to have their own. What’s the normal practice? Since you asked for the “normal” practice, I shall tell you: the normal practice is that some venues will ask you to send them your contract and other venues will have their own. It all depends on the circumstances and the venue. You should always have a basic engagement contract that you can tailor for each artist and send to a venue who wants your contract. However, you should expect larger venues to prefer to use their own contracts just as most venues understand and expect that major artists will insist on using the artist’s contract. It really doesn’t matter as both parties will need to review the proposed contract and, if necessary, proposed changes, additions, and amendments. Its unrealistic to presume that the venue’s contract will address all the issues important to the artist and that artist’s contract will address all the issues important to the venue. Negotiation is not just about date, time, and fee. Negotiations include ALL of the terms which will be in the final contract. What you want to avoid at all costs is a situation where, in lieu of taking the time to review and negotiate a single contract, the manger or agent just attaches the artist’s contract as a rider to the venue’s contract (or visa versa) and the parties proceed. Almost always the two contracts will have conflicting terms which will operate to negate the entire contract, making neither one legally enforceable. (And, no, it doesn’t help to use a rubber stamp that says “in the event of a conflict, mine governs.” That only benefits the folks who sell rubber stamps.) Even more important, regardless of who goes first, is to never ever ever ever ever send anyone a signed contract at the outset. The contract should be signed only after all parties have had a chance to review, make comments, propose changes, attach riders, and agree upon a final version. Otherwise, the party receiving the signed contract will simply strike out or amend the language they don’t like…or, worse, attach a rider…sign it, and return it…which, legally, constitutes a counter-offer and not an enforceable contract. (Actually, it “could” be enforceable, but this gets into complex legal issues which could all be avoided if everyone just sent one another blank contracts and waited until all issues had been resolved before anyone signed anything!) I realize that it takes time to review, negotiate, and amend every contract. However, that’s what contracts are for. It gives each party a chance to make sure that all important issues have been addressed and that there will be no unstated expectations or assumptions. Contracts are not about enforcement…they are about avoiding conflicts and disappointment. Without question, life would be easier if there were standard contracts and terms that worked for every engagement. However, we work in the arts. Nothing is normal and nothing is customary. If you are looking for consistency, go work in a bank. Otherwise, learn to embrace the chaos. __________________________________________________________________ For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com To ask your own question, write to lawanddisorder@musicalamerica.org. All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously. __________________________________________________________________ THE OFFICIAL DISCLAIMER: THIS IS NOT LEGAL ADVICE! The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

ABT’s Breathtaking Romeo and Juliet

June 13th, 2013

by Sedgwick Clark

I’ve been writing a lot about Stravinsky this season, but Prokofiev has stolen the limelight of late. The New York Philharmonic programmed his two violin concertos in successive weeks—with Lisa Batiashvili digging into the First last week and the Second beginning tonight with Leonidas Kavakos. The American Ballet Theatre is performing Kenneth MacMillan’s lyrical choreography of Romeo and Juliet all this week at the Metropolitan Opera House. With only a handful of concerts (and perhaps ballets) left to go, ABT’s R&J may prove to be the finest evening I have had in a theater or concert hall this season. Don’t miss it!

It’s been some time since I’ve seen the ballet performed. One of the first I saw was also at the Met, by the Royal Danish Ballet in the mid-Seventies. Not even guest artist Peter Martins’s Romeo could stop me from fleeing after the second act due to the abominable playing of the local pickup orchestra. That certainly wasn’t the case at ABT on Tuesday evening, with David LaMarche leading an all-but-flawless rendering of Prokofiev’s great score, as fine as any I have heard live or on recording. The impassioned Polina Semionova made Juliet’s transition from girl to young woman heart-throbbingly real, and David Hallberg as her ardent Romeo was no less believable. The large ABT cast was committed and effective throughout.

And while I’m thinking of ballet orchestras, I went to New York City Ballet last weekend to see works choreographed to music by Shostakovich (Concerto DSCH turned out to be his Piano Concerto No. 2, which was a treat), Cage (Sonatas and Interludes), and Glass (In Creases), but was blown away by the final work, Balanchine’s Tschaikovsky Suite No. 3, which kept a smile on my face from first note to last. (Maybe I should say from ascent to descent of the curtain!) Many of our finest ensembles come a cropper in dovetailing the string and woodwind rhythms of the Suite’s Scherzo. But as this orchestra aficionado has happily noted before, the inspired repertoire of NYCB is not only visual but aural, with its crack musicians always to be counted upon.   

Looking Forward

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

6/13 at 7:30. Avery Fisher Hall. New York Philharmonic/Lionel Bringuier; Leonidas Kavakos, violin. Dukas: The Sorcerer’s Apprentice. Prokofiev: Violin Concerto No. 2. Kodály: Dances of Galánta. Stravinsky: Firebird Suite (1919).

Accommodating Audience Members

June 12th, 2013

By Robyn Guilliams Dear Law and Disorder, I run a small nonprofit presenting organization. We recently received an email from a patron who wanted to attend a particular performance, and he asked if we provide accommodations for the deaf.  He indicated that either an American Sign Language interpreter or some sort of close captioning system would suffice.  We responded and told him that we did not provide those sorts of accommodations because we can’t afford it.  We suggested that he reserve a seat towards the front of the venue to enhance his ability to see the performance without any interference.  He then wrote back, stating that he was making a request for a reasonable accommodation under the Americans with Disabilities Act and asking that we respond with accommodation specifications within 48 hours. I don’t believe that this is a reasonable request for a nonprofit organization.  We don’t have the capability for close captioning, and we would be required to spend $500 to $800 on a sign interpreter.  How should I respond?? You should respond that your organization would be happy to provide a sign interpreter for this gentleman! The Americans with Disabilities Act (“ADA”) requires that all “public accommodations” – that is, virtually any facility that is open to the public – provide auxiliary aids and services to ensure effective communication access to their deaf and hearing-impaired patrons and customers.  This applies to for-profit businesses and nonprofits, both large and small!  For a theater or other performing arts venue, the most appropriate auxiliary aids usually are sign language interpreters and real-time close captioning devices. The idea behind the ADA is to ensure that no one with a disability is excluded, denied services, segregated or otherwise treated differently than others because of barriers or the absence of auxiliary aids. While the cost of a sign interpreter may seem daunting to small organizations, consider it a cost of doing business (yes, nonprofits – you are “doing business” by presenting performing arts presentations to the public!) and factor that cost into your budget. The ADA does provide an exception to the auxiliary aids requirement if providing these aids would result in an “undue burden” (i.e., “significant difficulty or expense”) to the business.  However, this “burden” must be truly significant for the exception to apply. Must every venue install high-tech close-captioning technology to accommodate the deaf and hearing impaired?  No.  Nor must a venue hire an ASL interpreter for every performance.  A patron who arrives at a performance and demands an auxiliary aid with no advance notice may be out of luck.  However, when a patron makes a timely request for a sign language interpreter, the venue must make its best efforts to fulfill that request. A few other notes to keep in mind: The “reasonable accommodations” (e.g., the sign language interpreter) must be paid for by the place of public accommodation. The costs cannot be passed on to the individual with a disability! A place of public accommodation must provide services in an “integrated” setting.  This means that the deaf or hearing-impaired patron cannot be excluded from enjoying a performance along with the rest of the audience.  As an example, it’s not acceptable to set up a close-captioned television feed in an area separate and apart from where the performance is happening.  If close-captioning is offered, it must allow the hearing-impaired patron to enjoy the performance in the same space as the rest of the audience. The deaf or hearing-impaired patron has the choice of which accommodation best fits his or her communication needs; however, an equally effective substitute may be provided if the original request is unreasonable or unfillable. In theory, the ADA codifies what should already be pervasive throughout the performing arts: an embrace of inclusivity. More practically, whether or not you agree with the ADA, the cost of ADA compliance is far less than the costs of non-compliance, which can be excessive. There are grants and foundations which may available to help you offset the costs of accommodating your disabled patrons. This may also be a good time to use this occasion to review your ADA policies and procedures, including how your staff and volunteers respond to ADA compliance requests and patrons with special needs. An insensitive response can send an embarrassed or angry patron directly to an attorney. As with any issue, it’s always easier to address problems and complaints before they arise. ________________________________________________________________ For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com To ask your own question, write to lawanddisorder@musicalamerica.org. All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously. __________________________________________________________________ THE OFFICIAL DISCLAIMER: THIS IS NOT LEGAL ADVICE! The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

Boccanegra via Tcherniakov

June 8th, 2013

Stefano Secco and Kristine Opolais in Simon Boccanegra at Bavarian State Opera

By ANDREW POWELL
Published: June 8, 2013

MUNICH — The drama of Verdi’s Genovese opera Simon Boccanegra, circa 1339 and 1363, pivots on the protagonist’s Solomon-like statecraft and courage, as deployed in the Council Chamber scene of Act I. Here plebeo and patrizio powers, emotional and familial woes, jostle compellingly. In his new* staging for Bavarian State Opera (heard and seen June 6), Dmitri Tcherniakov places the Council Chamber in a gray-walled seminar room, complete with rows of black chairs, circa 1990. The update and reduction necessarily focuses attention on the characters’ minds, on their decision-making as it were. Problem is, Simon (Željko Lučić) has been introduced as a drunken pawn of Plebeian party politics, Amelia Grimaldi (Kristine Opolais) as a goth girl, Gabriele Adorno (Stefano Secco) as a biker.

Unsure where to go next, or bent on preserving the non-intensity, Tcherniakov stays put in that seminar room for the rest of the opera. Adorno’s Act II tirade finds him knocking the chairs over, and Fiesco (Vitalij Kowaljow as a priest-confessor) spends Act III impassively parked on one of them. In a back-flash of color, a slide is projected of the set for the Prologue, outside an Edward Hopper-esque bar just like Jonathan Miller’s 1982 Rigoletto. As climax, Simon’s poisoning sends him into hallucination à la Boris Godunov; Amelia and Adorno show up in wedding attire, and dad’s behavior, not so much his demise, fairly ruins their big day.

Conductor Bertrand de Billy must have thought he was assigned Parsifal. Nary a pulse emanated from the pit, and no symphonic arc. Forget Verdian phrasing. Still, coordination held up and the Bavarian State Orchestra played cooperatively. Opolais, a substitute for Krassimira Stoyanova, retains the lustrous girlish top she brought to Rusalka here in 2010. She sang securely after a tremulous Come in quest’ ora bruna, but under-projected Italian consonants sabotaged her alert acting. (Anja Harteros sings and acts Amelia ideally on a 2010 DVD.) Secco, a substitute for Ramón Vargas, worked hard as the eager young Patrician but his sound had a pinched quality. Kowaljow essayed Fiesco with apparent indifference at this performance, and in Act III he barely contributed. Lučić by himself carried the show, if it held together at all, with warm legato, keen dramatic expression and powerful outbursts. A deftly floated high F concluded the Figlia! a tal nome palpito duet.

[*New to Munich. The production was first mounted at English National Opera in June 2011. It is the second transfer staging here this season: Richard Jones’s lively Hänsel und Gretel opened in March, long after its 1998 unveiling in Cardiff.]

Photo © Wilfried Hösl

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49 Recordings of Le Sacre du printemps

June 6th, 2013

by Sedgwick Clark

It may seem unnecessary to audition and report on 49 recordings of Stravinsky’s Le Sacre du printemps (The Rite of Spring) since 38 of them can be obtained only in a single set from Decca and another 10 from the Columbia and RCA catalogues in a set from Sony Classical. But if fellow Stravinskyites relish my Sacre orgy, they might be persuaded to acquire these sets too and have an equally pleasurable wallow. In a day when any professional orchestra can whiz through the piece without blinking, it’s fascinating to hear the oldest recordings and realize how daunting Le Sacre once was.

My preferred recordings in these sets are listed below, in order of preference.

Clark’s Top 6

• Columbia Symphony/Igor Stravinsky (1960; 31:35). Sony

• Boston Symphony/Pierre Monteux (1951; 31:25). Sony

• Cleveland Orchestra/Pierre Boulez (1969; 34:34). Sony

• Boston Symphony/Michael Tilson Thomas (1972; 34:00). Decca

• Chicago Symphony/Georg Solti (1974; 32:12). Decca

• Berliner Philharmoniker/Bernard Haitink (1995; 32:48). Philips

 

Sony Classical’s Centennial Releases of The Rite of Spring   

Igor Stravinsky – Le Sacre du Printemps – 100th Anniversary Collection – 10 CDs

CD 1

Philadelphia Orchestra/Leopold Stokowski (1929/1930). Shocking! In our day of recorded perfection, it’s difficult to say which of Le Sacre’s first three recordings, is the worst played: Monteux, Stravinsky, or this Stokowski, all recorded within a year of each other. RCA’s 78s are more vivid sonically than this CD or any LP transfer I’ve heard—enough so that a recent spot check revealed the kind of sensuous details that separated him from nearly every conductor of the 20th century, and which I never noticed before. I’m glad Sony included it, but non-collectors may find listening a chore. (32:39)

CD 2

New York Philharmonic-Symphony Orchestra/Igor Stravinsky (1940). A very tight reading. One wishes he would relax a little and invest the music with more expressiveness at times, but the New Yorkers do well by the score, with only occasional imprecision, until they stumble over the rhythmic complexity of the concluding Danse sacrale. Still, it’s a huge improvement over his 1929 Paris recording. The 78s have notably more presence and tonal warmth. The recording date, by the way, is April 29, 1940, not April 4, as the back of the package states. (30:45)

CD 3

Boston Symphony/Pierre Monteux (1951). Monteux conducted the infamous first performance of Le Sacre. He made four recordings, and this is far and away his best. The BSO players seem to be playing on the edge of their seats with commitment, and a few scrappy moments—most in the Danse sacrale—hardly detract from this great, well-recorded performance. (31:35)

CD 4

Philadelphia Orchestra/Eugene Ormandy (1955). Ormandy reportedly maintained that he never conducted Le Sacre. It certainly isn’t his piece. Timpani are muffled throughout, and woodwind details are often obscured by Philly’s glamorous strings. This is its first release on CD, sounding rather dim from what I take to be its LP work tape rather than the master source. Too bad Sony didn’t include Ormandy’s Petrushka Suite from the LP, which is more his style. (29:49)

CD 5

Columbia Symphony/Igor Stravinsky (1960). The composer’s stereo recording of Le Sacre (as well as his 1940 mono recording with the New York Philharmonic-Symphony, which is only 50 seconds shorter) has unrivalled rhythmic accentuation, clarity, and balletic character. There are more exciting, splashily recorded versions, but this performance simply feels “right.” (31:35)

 CD 6

Chicago Symphony/Seiji Ozawa (1968). I was at Ravinia, the CSO’s summer home, for the concert preceding the recording session. It was exciting then and it is now, even if the performance style is somewhat generalized. But it’s superbly played, and a sad reminder of the promise Ozawa had that was never quite fulfilled. He tightens the pace at the end as Monteux did, no less effectively. (32:46) Fireworks from the original LP is included first, as before.

CD 7

Cleveland Orchestra/Pierre Boulez (1969). The French conductor’s 1963 Paris recording was fast, fiery, and on its toes. But he came to feel, he said to me in an interview, that such febrile tempos trivialized the work. This Cleveland performance can seem a bit earthbound at times, but following the score reveals all sorts of details that other conductors gloss over and that Boulez reveals without calling attention to them, such as the three accented trumpet notes on page 31 that so many treat indifferently (but not Ormandy!). The players are at their best, and the recording is the utmost in clarity. (34:34)

CD 8

London Symphony/Leonard Bernstein (1972). The best thing about this Sacre is the faux Rousseau, pop art cover. It’s a surprisingly tepid Sacre from this most un-tepid conductor. Originally recorded for quad by producer John McClure, the wet acoustic obscures much detail. (35:29)

CD 9

Philharmonia Orchestra/Esa-Pekka Salonen (1989). Hopelessly flashy. The slow tempos are very slow, and the fast ones very fast in this absurdly bifurcated Sacre. It’s very exciting but counterproductive to any musical continuity and impossible to dance to. His later DG recording is more traditionally paced. (32:13) A fine Symphony in Three Movements is included from the original CD release.

CD 10

San Francisco Symphony/Michael Tilson Thomas (1996). MTT remains a master of Le Sacre with all the details so often missing in other performances right in place, superbly played and recorded. The Glorification and Evocation sections may seem a bit hasty, but they stir the blood. (34:54)

 

Sony’s Stravinsky conducts Le Sacre du Printemps

CD 1

Le Sacre du Printemps (1960). See CD5 above.

Firebird Ballet Suite (revised 1945 version). Columbia Symphony Orchestra/Igor Stravinsky (1967). Stravinsky’s most popular and frequently performed piece is the 1919 Suite from The Firebird ballet. But it was not under copyright and he never made a dime from it. So in 1945 he arranged and reorchestrated a new suite, adding several dances from the complete ballet. Most orchestras continued to perform the 1919 suite, however, because they didn’t have to pay royalties for it. I listened to this “bonus” stereo recording directly after hearing his 1946 recording. What a difference in the expressiveness of his conducting; the music breathes with rubato, affection, and breadth, especially in the horn solo and strings of the Final Hymn, before the brass fanfare of Palace Merrymaking. It’s as if he knew it would be his final recording. And indeed it was. (29:24)

CD 2

Le Sacre du Printemps (1940). See CD2 above.

Firebird Ballet Suite (revised 1945 version). New York Philharmonic-Symphony Orchestra/Igor Stravinsky (1946). This new suite was hot off the presses when Stravinsky recorded it. But some transitions were abrupt—especially jarring between the Berceuse and Final Hymn—and before the score was printed he added three Pantomimes and brief transitional material, totaling about three minutes. It’s good that Sony decided to include these two Firebird suites and allow us to hear a great composer at work. (26:00)

 

Decca’s Complete Collector’s Edition: Le Sacre du printemps

CD 1

Concertgebouw Orchestra/Eduard van Beinum (1946). The oldest Sacre in this set, it is remarkably well played and conducted. Tempos are similar to the composer’s. It lacks the detail of modern recordings, of course, but it’s full of atmosphere. Timpani mostly inaudible. Fine transfer, with no audible 78 joins. (32:08)

L’Orchestre de la Suisse Romande/Ernest Ansermet (1950). Ansermet was one of Stravinsky’s great early champions, but his recordings are mere curios today. The insufficiencies of his Suisse Romande are all too clear, as are his devitalized interpretations. His 1957 stereo remake is no improvement. (33:56)

CD 2

RIAS Symphonie-Orchester Berlin/Ferenc Fricsay (1954). At last a recording of Le Sacre in which the timpani make their proper effect (even if the bass drum is weak)! An excellent performance, if perhaps bit too sane. (33:39)

Minneapolis Symphony/Antal Dorati (1954). A CD first. A driving, dynamic performance with all the crucial instrumental details powerfully captured in their correct acoustical space by Mercury Living Presence’s single mic. The Dance of the Earth and Danse sacrale are incredibly exciting, and the timpanist is on fire. The 1959 stereo remake is faster, seeming frantic and lightweight. (31:18)  

CD 3

Orchestre des cento soli/Rudolf Albert (1956). The sleeper of the set. Decca couldn’t even find a photo of Albert! Well paced and played, it only flags a bit in the last pages of the Danse sacrale, as one imagines the exhausted virgin dancing herself to death would. The few instances of imprecise ensemble are of no concern. The German-born Albert was a contemporary-music exponent, and a few weeks after leading this recording he conducted the world premiere of Messiaen’s Oiseaux exotiques. (33:37)

Paris Conservatoire Orchestra/Pierre Monteux (1956). There are several pirate Monteux Sacres on the market, but this was his fourth and final studio recording and the only one in stereo, produced by John Culshaw. On paper it looks promising and authentic (French maestro who conducted the work’s first performance, French orchestra, recorded in Paris’s Salle Wagram), but the fact that it was recorded over a nine-day period may indicate that there were extra-musical reasons for the lackluster leadership and lax ensemble. The 1951 Boston on Sony is best. (32:57)

CD 4

L’Orchestre de la Suisse Romande/Ernest Ansermet (1957). (33:52) See CD1.

Minneapolis Symphony Orchestra/Antal Dorati (1959). (29:56) See CD2.

CD 5

Berliner Philharmoniker/Herbert von Karajan (1963). Stravinsky criticized this performance as “a pet savage rather than a real one . . . . There are simply no regions for soul-searching in The Rite of Spring. Berlin’s “sostenuto style is a principal fault,” he continues. “The music is alien to the culture of its performers.” It’s a fascinating performance, with many instrumental felicities, but it’s ultimately a curio, which goes for its 1977 remake as well. (33:48)

London Symphony/Colin Davis (1963). A young man’s Sacre—exciting, athletic, well played for its time. Well recorded. (30:29)

CD 6

Los Angeles Philharmonic/Zubin Mehta (1969). The first “modern” recording from these labels, with obvious multi-miking, deep bass drum, and exaggerated timpani, as if you were onstage. The Danse sacrale is exciting and well played, which characterizes the entire performance. It may not be your ideal seat in the concert hall, but “Wow!” (32:54)

Boston Symphony/Michael Tilson Thomas (1972). Excellent playing and conducting, recorded naturally in Symphony Hall’s gorgeous ambient warmth. If occasional detail is lost, the aura of a genuine concert makes up for it. Tilson Thomas told me soon after the sessions that this was the only recording, including the composer’s own, that followed the metronome marks precisely. Whatever the case, it remains one of the best. (34:00) 

CD 7

London Philharmonic/Bernard Haitink (1973). The low-level volume is not all that needs a boost, despite careful instrumental balances. (34:07)

London Philharmonic/Erich Leinsdorf 1974). Stolidly conducted, with distracting Phase 4 balances. I wonder if Leinsdorf was standing in for another maestro taken ill, as I enjoyed his sumptuous Sacre with the Boston Symphony in fall 1968 at Lincoln Center. (33:26)

CD 8

Vienna Philharmonic/Lorin Maazel (1974). This version was panned for unidiomatic playing by the VPO and Maazel’s eccentricities, but over headphones the playing is mostly accurate and quite beautiful–perhaps not what one wants in a Sacre, but interesting nonetheless. Then there are those 11 fortissimo chords that lead into the Glorification of the Chosen One section, which Maazel has the Viennese play ludicrously slow and meaty, and several other yucky protractions of brass glissandi. Of interest to the curious. His New York Phil performance during his tenure was thankfully less vulgarized. (33:41)

Chicago Symphony/Georg Solti (1974). Superbly played, no eccentricities, closely recorded. Minor imprecisions in the Glorification section prove that the musicians are human, but no matter. This is a mind-blowing Sacre, truly virtuoso, highly recommended. (32:12)

CD 9

London Symphony/Claudio Abbado (1975). A fine performance, powerfully recorded, with plenty of excellent details from the LSO, such as a fast, sinister bass clarinet before the Danse sacrale. But as usual with Abbado, I don’t hear much character in the playing to complement the precision—certainly nothing approaching Solti/Chicago. (33:17)

Concertgebouw Orchestra/Colin Davis (1976).

CD 10

Berliner Philharmoniker/Herbert von Karajan (1977). (34:18) See CD5.

National Youth Orchestra/Simon Rattle (1978).

CD 11

Boston Symphony/Seiji Ozawa (1979).

Detroit Symphony/Antal Dorati (1981).

CD 12

Israel Philharmonic/Leonard Bernstein (1982).

Orchestre Symphonique de Montréal/Charles Dutoit (1984).

CD 13

The Cleveland Orchestra/Riccardo Chailly (1985).

The Cleveland Orchestra/Pierre Boulez (1991).

CD 14

Royal Concertgebouw Orchestra/Georg Solti (1991).

The MET Orchestra/James Levine (1992).

CD 15

Deutsches Sinfonie-Orchester, Berlin/Vladimir Ashkenazy (1994).

Orchestre de Paris/Semyon Bychkov (1995).

CD 16

Berliner Philharmoniker/Bernard Haitink (1995).

Kirov Orchestra, St. Petersburg/Valery Gergiev (1999).

CD 17

Los Angeles Philharmonic/Esa-Pekka Salonen (2006).

Orchestre Philharmonique de Radio France/Myung-Whun Chung (2007).

CD 18

Simón Bolívar Youth Orchestra of Venezuela/Gustavo Dudamel (2010).

Four hands: Bracha Eden, Alexander Tamir (1968).

CD 19

Four hands: Güher and Süher Pekinel (1983).

Four hands: Vladimir Ashkenazy, Andrei Gavrilov (1990).

CD 20 – Bonus CD

Violin Concerto

Samuel Dushkin, violin; Lamoureux Concert Orchestra/Igor Stravinsky (1935).