Expunged ‘Tannhäuser’ opens Debate on Artistic Freedom

May 17th, 2013

By Rebecca Schmid

The tolerance of German audiences for extreme stage productions is a source of national pride and the envy of many abroad. But a production of Tannhäuser at the Deutsche Oper am Rhein which had to be stripped down to concert performance last week has set off a national debate about the sanctity of a director’s artistic freedom. Two seasons ago, the Bayreuth Festival mounted the same opera in a new production by Sebastian Baumgartner which places the heroine, Elisabeth, in a “biogas” chamber. It caused a moral outcry in the press, but the notion of her being “recycled” rather than outright gassed appears to have kept the staging in repertoire. In Düsseldorf, at the Oper am Rhein, the director Burkhard C. Kosminski went a step too far. Naked extras were already being gassed during the overture. An entire family was shot after its members had their heads shaven by soldiers. Venus was dressed in an SS uniform; Elisabeth was raped and burned. The boos in the small city of Düsseldorf started 30 minutes into the production, according to Der Spiegel, and some audience members were so traumatized that they needed medical attention. Criticism from the Jewish community was just the icing on the cake. But Kosminski refused to modify his vision, for fear of betraying his artistic principles. Less than a week after its premiere on May 4, the opera was reduced to a concert version.

The obvious issue, which audience members were quick to point out, is that Nazis and persecuted Jews have nothing to do with Tannhäuser. The opera is about a pilgrim who leaves Venus’ world of love-making, enters a song competition on the Wartburg, and finds redemption in the saintly Elisabeth. An editorial in the German magazine Cicero , dedicated to the intersection of arts and politics, observes that a director turns to Nazis when he has no good ideas of own. The author continues to criticize Germany’s lavish public funding for theater, calling Hitler its “patron saint.” It may be worth noting that the Deutsche Oper am Rhein, a shared entity of the nearby cities of Düssseldorf and Duisburg, nearly entered financial meltdown last season. Was the production a desperate attempt to lend the company a cutting-edge status capable of competing with the many other opera houses in West Germany (let’s not forget that the reunited country possesses altogether one-seventh of the world’s companies)?

In an interview with Der Spiegel this week, Kosminski states the “real scandal” at hand is “censorship in the arts.” He insists that the production intended to mourn, not ridicule, the victims of World War Two, describing himself as “terrified” by criticism from the Jewish community. Just yesterday, he won the support of the president of the Akademie der Künste, Klaus Staeck, who has written a letter demanding that the production be reinstated. “Art—regardless of its quality!—is not a superfluous luxury,” he argues. Is it then justified to use art as a vehicle for emotional torture? And is quality not an important criterium when good tax money is being invested? From a purely literary point of view, there is little to no basis for casting Tannhäuser as a war criminal who is forced into the SS guard. Surely Greek myth is more important to understanding the opera than Wagner’s indirect connection to the Holocaust as a role model of Hitler.

Although the opera derives its plot in part from Thuringian legend, there is little in the way of nationalist undertones compared to later works such as Lohengrin, Die Meistersinger, Parsifal and, to some extent, the Ring cycle. Patrice Chéreau caused a scandal upon the centenary of the Bayreuth Festival in 1976 by setting the cycle at the time of early German industrialization. This is a loaded topic, given the industrial killings that followed during World War Two, but the production opened the door to historical allegory on the Festspielhaus stage. Stefan Herheim’s 2008 production of Parsifal, which opens in the Villa Wahnfried in the 1880s and ends in the Federal Republic of Bonn, plumbs the possibilities even further. The appearance of swastika flags and black-and-white footage from the Second World War remains controversial, but Herheim caused the audience to think critically about the inextricability of Wagner’s works from his time and the institution of Bayreuth itself.

Kosminski, through his graphic depictions of the violence and genocide, crossed a threshold that was already at breaking point. Although I didn’t see the production first-hand, the audience’s reaction would indicate that he lacked the sophistication of a director such as Chéreau or Herheim. The exploitation of World War Two—not just to artistic ends but in the media and in academia—has reached a point of saturation in Germany that, thanks to the reaction at the Oper am Rhein, should finally be considered cause for concern. Artistic freedom does not license a director to indulge his darkest fantasies or work out psychological issues at the expense of an opera. Do we go to the theater to be provoked, reviled and confused, or enlightened and transported by an interpretation that allows us to penetrate a given work with more understanding and appreciation? Wagner may remain a thorn in the cultural consciousness, but it is not paying respect to anyone—neither the composer, the German people, nor the Jews who were murdered in the Holocaust—to use his stage works as vehicles for cheap, shock tactics under the pretence of creating socially relevant art. As austerity plagues Europe, it is even more shameful to invest in stage productions that ruin rather than illuminate an opera.

rebeccaschmid.info

A Performer with a Passion for Teaching

May 16th, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

Anyone who has read my blog over the past year knows that I am fascinated by the career trajectories of successful people. This week, I have chosen to spotlight a much admired viola professor.

My first introduction to Barbara Westphal was in the early 1980’s when she was violist of the Delos String Quartet, based at the University of Delaware, and Charles Hamlen and I signed them to the Hamlen/Landau Management roster. There was no way to predict at that time that she would become one of the most prominent and sought after viola teachers of our time. She left the quartet in 1985 and I totally lost contact with her. When I started teaching at the Colburn School in 2008, a number of students who were moving on to graduate studies spoke about her with considerable reverence and mentioned that they hoped to have the opportunity to study with her. Curious about her personal journey since the time our communication left off, I decided to call her recently and make up for lost time. Thanks to her American manager, Melody Bunting, I was able to accomplish this rather easily.

One need only look at a picture of the medieval North German city of Lübeck to understand why Prof. Westphal has been teaching there since 1989. The Hochschule, which is situated inside of 17 old merchant houses, looks out on a river and on a 1480 city gate. This picturesque location was once captured on the face of the DM 50 note. A native of Germany, Prof. Westphal came to the U.S. in 1974 to study violin with Broadus Erle at Yale University. He passed away in 1977 and she moved to Delaware in the following year to join the Delos Quartet (after having switched to viola during a summer at the Marlboro Music Festival). However, Prof. Erle had a profound influence on her teaching philosophy which has remained with her to this day. She spoke to me of how “he burned for his calling. Teaching was his whole life, not something he did simply to earn a living.” She admired how “he could say very much without saying hardly anything at all.” She loved how he pointed his students in the direction he thought was right for them while challenging them to find the right solutions for themselves.

After winning the Munich International Competition and the Busch Prize in 1983, Germany seemed a logical destination for Prof. Westphal. She settled in Munich in 1985 after leaving the Delos Quartet and getting married three days later (!). Although she had regular opportunities to perform, she felt the need for a steady and reliable income. She found the opening at the Lübeck Hochschule in the job listings of the German weekly paper Die Zeit and started there in 1989. The schedule was flexible enough to allow her to keep performing but after a time, she was totally taken by surprise to discover that she had found a new calling. Despite various job offers over the years, she has remained in Lübeck ever since.  However, she has maintained her contacts in America, visiting the Heifetz Institute in recent years and returning to the Sarasota Music Festival for the past 22 years, where she has treasured the opportunity to perform alongside admired colleagues such as Claude Frank and Neil Black.

When I asked Prof. Westphal about her proudest moments as a teacher, she cited the joy derived from performing chamber music with former students and being swept away by their artistry. Needless to say, she is also thrilled that a significant number of her students have found jobs in leading orchestras in Germany and abroad. How many students have actually had the benefit of being exposed to Prof. Westphal’s passionate calling? She told me that she doesn’t believe in just filling spaces in a class. She has to feel a chemistry with any student she accepts and, based on meeting and talking to them, must feel convinced that she can help them accomplish their goals within four years. At the same time, she tends to exceed the number of students that she is legally required to teach because she believes that there is so much that students can learn from one another and often it is not even about their instrument. Spencer Martin, a teacher at Luther College in Iowa, spent the summer of 2006 taking lessons with Prof. Westphal and observing her with her students and in master classes at the Oberstdorfer Musiksommer. He wrote a lovely profile of her for the Journal of the American Viola Society in which he highlighted “the nurturing environment that she creates, which heightens the chances that her students will blossom and feel accepted”. In a blog post of the American Viola Society,  another former student, David Lau, now a violist in the Leipzig Gewandhaus Orchestra, spoke of his time in her studio as “one of the greatest learning experiences of my musical education”. When I contacted him via Facebook, he was inspired to elaborate further: “ I felt she heard all of her students as the individuals they were. Everyone has his or her own needs, strengths and weaknesses, and she never tried to fit you into a mold. The aim was to explore who you were and what you wanted to say, and together to find the most effective way to achieve those goals. She is also incredibly honest and didn’t feel the need to sugarcoat things. It was never negative, but she said exactly what she thought. If it was bad, she told you, but then when she told you it was good, you really believed her. She, herself, is very active as a performer as well, and it really helped that she had the chops to back up the things she taught. Her studio, when you are there, becomes like a family and her students are not only very successful, but also kind people. I have never seen anyone invest themselves so wholeheartedly in other people like she does. I will cherish my time as her student forever.” From what I can tell, Mr. Lau is not alone in these sentiments. Broadus Erle must be smiling from on high.

To ask a question, please write Ask Edna.

© Edna Landau 2013

Board Term Limits–The Kindest Cut of All?

May 15th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

We are a small non-profit that runs a performing arts center. In up dating our by-laws, its been recommended that we establish term limits for our directors and officers, as well as a formal nominating committee. Do we really need such formalities? We’re very small and don’t have any other committees. Can’t the board itself select its own members and officers? And it seems a mistake to force directors to leave when they are willing to continue to serve on our board. What do you recommend to your clients?

While I am a strong advocate of fixed terms, I never recommend term limits for board members. Why? Because among the most challenging aspects of running a successful non-profit is finding and keeping healthy board members who, whether through wealth, work, or wisdom (or a rare combination of all three), contribute to the success and productivity of the organization. Once you are lucky enough to find then, the last thing you want to do is force them to leave! However, at the same time, you need to have a mechanism through which malignant board members can be removed. Such members, if left to metastasize, can quickly chase all the healthy ones away, burn out the staff, and poison the entire operation. Fixed terms without term limits provide you with the best of both worlds.

Let’s say, for example, that the by-laws provide that each board member serves a term of 2 years. At the end of each board member’s term, the nominating committee is required to review the board member and recommend either that the board member be invited to serve another term or be invited to exit. By having terms, but no term limits, there is no limit to how many terms a board member can serve, but there is also a fixed time after which every board member’s service can be reviewed. While you can pick any term length you want, I usually recommend no longer than 2 – 3 year terms for board membership. (Anything longer and you start losing the effectiveness of early detection and prevention!) There are also ways to stagger terms so that not everyone on the board is up for renewal at the same time.

Term limits for officers, on the other hand, can be more appropriate. Why? Because with no term limit, even a beloved president or board chair can quickly become a feared dictator that no one wants to cross, or, just as worse, a benevolent, but ineffective leader who spurns all attempts at growth or change. At the end of the president’s term, he or she can still serve on the board, but no longer gets to wield the mace of supreme authority. Also, in my experience, I have also found that the people you most want to serve as board president or chair will be those who do not want to serve more than a year whereas those you want to avoid are those who are looking for a life-time appointment.

As for whether or not you need to have a formal nominating committee, its a recommended practice to have the formality of a separate nominating committee—if not at first, then certainly as your board gets bigger. The nominating committee does not make the actual decisions, but, rather, makes recommendations to the board of whether or not to ask existing board members to renew their terms, as well as reviews and makes recommendations for the nomination of new board members. While the board is always able to accept or decline such recommendations, having a nominating committee allows a forum for such discussions to be “hashed out” other than in a full board meeting. This has the advantage of avoiding potentially awkward situations. First, imagine a scenario where a board member has nominated a “close friend” to serve on the board, but who may not be a good choice for the board. Having such a frank discussion is easier “in committee” than in the presence of the board member. Similarly, when reviewing the renewal of existing board members, its usually easier to have a more open and honest assessment, including key staff input, without having the entire board present. Like all committee work, its also a more efficient use of the board’s time to have committees make recommendations and reports rather than bog down the entire board with every decision. Lastly, a separate nominating committee can potentially prevent a small board from evolving into a dictatorship where only a few members dominate everything.

By-laws, like strategic plans and business plans, are not commandments fixed in stone, but, rather, should be approached as living, breathing, and malleable tools that provide structure as well as flexibility. When thinking of by-laws, you not only need to think of current operations, but creating mechanisms for growth. Even though your board may now be small, you want think big. Similarly, even though your board may currently be one big happy family, you want to think of the future when, like all families, everyone inevitably starts to get one everyone else’s nerves.

_________________________________________________________________

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!

Safe and sorry

May 10th, 2013

By James Jorden

It may have been Robert A. Heinlein or Napoleon Bonaparte who first crafted that variation on Occam’s Razor “Never attribute to malice that which can be adequately explained by stupidity.” But whoever said it, in whatever century and in whatever language, it certainly seems to apply to the fiasco that is the Deutsche Oper am Rhein’s Tannhäuser.   Read the rest of this entry »

A Tale of Two Pianists

May 9th, 2013

by Sedgwick Clark

Evgeny Kissin

Two pianistic superstars played two days apart last weekend at Carnegie Hall. I had avoided their recitals for years but thought I should try again since I was in town for the weekend. The first was Evgeny Kissin, 41. His prodigious prowess is documented from his earliest years at the keyboard, and in 1995 he became Musical America’s youngest Instrumentalist of the Year. For a time he seemed to grow with each concert, but by the end of the decade his playing had become fussy and self-regarding.

Not so last Friday night, however. Perhaps most impressive throughout was Kissin’s knowing sense of rubato, a depth of emotion without a hint of calculation. He began with Haydn’s E-flat Sonata, No. 49–the one with the repeated da-da-da-duh motive in the first movement that Beethoven would later “borrow” to open his Fifth Symphony. The pianist’s approach vacillated between classical and romantic, and maybe he’ll make up his mind someday. But there was no doubt of Kissin’s emotional identification with Beethoven’s final sonata, Op. 111. Demonic in the first movement and with a superbly sustained adagio molto semplice e cantabile in the second, the maturity of his insight left me breathless and, with the final trills, shaken. No performance I have heard from him in concert or on record quite prepared me for this reaction.

Schubert composed his four Impromptus (1827) the year before his death at age 31, and Kissin’s muted, pensive playing after intermission reminded one of Claudio Arrau’s dictum that Schubert’s late music must be interpreted with “the proximity of death” in mind. The final work, Liszt’s Hungarian Rhapsody No. 12 in C-sharp minor, brought down the house with an old-fashioned demonstration of virtuosity that sent the audience roaring to its feet—no showing off, just pure, staggering feats of Lisztian pianism. He was rewarded by a young female fan, not with the usual flowers but with a teddy bear. Wonder of wonders, he actually grinned.

Was the audience trying to compete? I know it’s allergy season, but the uncovered coughing, rustling, the cell phone that inevitably rang in the Beethoven’s quietest moment, the incessant dropping of personal belongings and programs (which have become so laden with donors’ names that they sound like small detonations when they hit the floor), made me contemplate joining the N.R.A. All the more astonishing that Kissin’s concentration was so complete.

Maurizio Pollini

Anyone who has attended Maurizio Pollini’s concerts regularly has a memory bank of unforgettable performances from Bach to Chopin to Beethoven to the European avant-garde: In my account, Bartók’s Second Piano Concerto with Boulez and the NYPhil, Chopin Etudes, Boulez’s Sonata No. 2 and Stockhausen’s Klavierstucke X, Beethoven’s Waldstein and Appassionata sonatas leap immediately to mind. In all these, his perfect dexterity, clarity of voicing, and rigorous intellect overcome such deficiencies as brusque phrasing, lack of expressiveness, and monochromatic piano tone.

These qualities, good and bad, had become all too predictable in recent years, and I preferred to live with my memories and his best recordings. But he was playing an all-Beethoven program that included those two sonatas, and I thought these performances would be instructive. Indeed, his previously infallible fingerwork appears to be a thing of the past. In the opening Pathétique Sonata, smudged passagework and uneven runs were alarming, but he has always taken a while to warm up. The Waldstein was hardly an improvement, though, and charmless besides. The little Sonata No. 22, Op. 54, was an incoherent rush of notes. The Appassionata at least succeeded in its obsessive, unrelenting drive, but the two Bagatelles for encores were tossed off with the least charm and shape of the evening. You’d never know it from the audience response, which was loud and long.

His advocates like to say that his artistry is “controversial,” but that’s a copout. I’ll stick with my memories and selected CDs as a reminder of his best days.

Looking Forward

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

5/9 at 7:00. Avery Fisher Hall. Audra McDonald in Concert: Go Back Home.

5/10 at 7:30. Carnegie Hall. Spring for Music. Detroit Symphony/Leonard Slatkin. Ives: Symphonies Nos. 1-4 (complete).

A Healthy Approach to Competitions

May 9th, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

‘Tis the season to perform in a competition. A little over two weeks ago, the American Pianists Association announced that pianist Sean Chen is the winner of the 2013 Christel DeHaan Classical Fellowship, valued at over $100,000. As I write this column, 63 candidates are performing in the first round of the Queen Elisabeth Piano Competition in Brussels. And just a little over two weeks from now, 30 candidates who have qualified for the Van Cliburn International Piano Competition will give their first performances in Ft. Worth, Texas. I have written before on this blog about the pros and cons of competitions and have written a Musical America Special Report called Choosing the Best Competition for YOU”. Still, the topic continues to interest me. In looking at the brief bios of the candidates on the Van Cliburn Competition website, I was struck by the fact that most of them had entered a significant number of competitions in the past and very few had won a first prize in a major international competition. This would seem logical since if they had, they probably wouldn’t have felt the need to enter the Van Cliburn Competition. Yet I wondered how they found the strength to proceed from one competition to the next with the optimism and mental fortitude necessary to maximize their chances for success. It occurred to me that maybe they weren’t entering only to win a top prize but perhaps there were other important goals they hoped to achieve in the process. I decided to speak with Sean Chen and to his good friend Steven Lin, a winner of the 2012 Concert Artists Guild Victor Elmaleh Competition. Both are candidates in the upcoming Van Cliburn Competition, even though they have won several years of management services and concert bookings as part of their recent top prizes. I was amazed to hear both of them say that a major motivation to enter competitions has been the opportunity to play in big cities for large, appreciative audiences who love the classical piano repertoire. It made me sad to realize how truly rare that must be for many of today’s most promising artists. The competition becomes a welcome excursion away from the isolation of the practice room and into a stimulating and exciting environment in which their hard work may culminate in their first significant recognition as a compelling artist. Sean Chen actually compared today’s larger competitions to a festival where participants often get a chance to listen to one another, something he finds most beneficial. He didn’t see any reason to be discouraged if he didn’t come out on top, as long as he played his best and communicated his musical ideas as he intended. He also appreciates that APA, along with other competitions, offers cash prizes to all finalists. Steven Lin told me that more than once, in his experience, audience members have come forward to offer concert engagements that weren’t part of the official prizes. When he reached the semi-finals of the Dublin International Piano Competition in 2009, he was approached by a French professor who offered him a concert at the Salle Cortot in Paris, where he has already returned several times. Both pianists mentioned the appeal of being able to play with major orchestras, as Steven Lin did when he played with the Baltimore Symphony in the finals of the William Kapell International Competition.

I was curious to know if there was a reason that both pianists achieved particular success in their most recent competition outings. Sean Chen’s triumph with the American Pianists Association may be due in part to the unique nature of their Fellowship program. Pressure doesn’t mount over the course of the final week since the five finalists have actually performed in various formats over the course of seven months! From the time they are selected from a pool of nominees, they each individually spend two separate weeks in Indianapolis performing in the APA’s “Classical Premiere Series” and “Classical Discovery Week”. The first of these includes a three-day residency that involves teaching and playing with a high school orchestra, an adjudicated public solo recital, and a concerto with the Indianapolis Chamber Orchestra. The second week, during which the Christel DeHaan Classical Fellow is selected, includes adjudicated solo recitals, a chamber music performance, a new music performance and a song recital, as well as a concerto with the Indianapolis Symphony Orchestra. This creates more of an Artist-in-Residence environment than a competitive one. President/CEO and Artistic Director Joel Harrison told me that the APA has gone to great lengths to downplay the idea of participants going head to head in competition but rather to focus on individual artistic expression. Perhaps that is why he becomes personally involved in the finalists’ repertoire decisions. Sean Chen feels that his repertoire choices may have factored into his ultimate success, along with the fact that his confidence and artistic maturity would seem to have grown with each competition experience. He took distinct risks in Indianapolis, performing his own cadenzas in Beethoven’s 4th concerto, offering his own transcription of Ravel’s La Valse in one of his recitals, and choosing Bartok’s challenging Concerto #2 for his performance with the Indianapolis Symphony. Dr. Harrison supported these choices all the way. Steven Lin agrees that you learn from each competition you enter. One imagines that nerves will never be a problem for him after he completed his preliminary round performance at the 2012 Sendai International Music Competition while an earthquake struck Japan! He feels that he may have won the Concert Artists Guild competition because he changed his focus from practicing intensely to finding his inner voice. He was helped in this process by listening to recordings of old masters such as Richter, Cortot and Horowitz and realizing that no one would ever mistake one for another. (At competitions, it is not uncommon for a number of artists to sound the same.) He also mentioned that Concert Artists Guild required some public speaking, which he found immensely helpful. He thought a lot about what to say regarding the repertoire he had chosen and he feels that his remarks may have put him at ease and involved the audience more in his musicmaking.

And now, on to Ft. Worth, Texas, where Steven Lin, Sean Chen, and three other APA finalists will compete in the Fourteenth Van Cliburn International Piano Competition. Both Concert Artists Guild and APA have given them their blessings, recognizing the enormous potential benefits of additional exposure. I asked Steven and Sean whether they felt they were taking any sort of risk after their recent triumphs. Steven said that he is approaching it as another opportunity to perform in front of many people who will now be introduced to him, and to make the best music he can. His goal is to express himself as an artist and to communicate how he feels about the repertoire he is playing. He feels that people go to concerts to experience many different things and that if he and his very gifted co-competitors succeed in being true to themselves, everyone will have benefited from the experience (though he did say that winning a prize would be awesome!). Sean totally concurred with this, saying that most people who follow competitions know that there are many factors that determine who wins. He likened the outing to golf, saying that one can only hope to play one’s best. Both he and Steven are aware that the management services that are provided by APA and CAG will be for a limited time and the chances of obtaining commercial management in the future could potentially be enhanced by their performances in Ft. Worth. In speaking to them about the years that lie ahead, I was heartened to learn that they are both deeply dedicated to music education and that they have well-rounded lives with considerable interests. I feel confident that they will transition from the competition stage of their lives into richly rewarding careers, during which audiences will choose to hear them again and again simply because of the wonderful musicians and people that they are.

To ask a question, please write Ask Edna.

© Edna Landau 2013

Student Visas: A School for Scandal?

May 8th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

May a non-resident alien (Russian) musician here for an advance graduate school degree on an F-1 visa be paid for playing some off-campus recitals? Are they considered “Curricular Practical Training” which is supposed to be allowed, if approved by the Designated School Official? (Of course, 30% of the gross fee would have to be withheld unless a CWA is obtained.) Thanks for your advice!

A lot of schools, universities, and conservatories are all too happy to accept foreign students without really explaining that their ability to “work” in the US during their studies, much less remain long enough after graduation to establish careers in the US, is very limited and restrictive. (Remember, as it applies to artists, the twisted tomes of US immigration law define “work” as any performance in front of an audience regardless of whether or not tickets are sold or the artist is paid.)

While obtaining authorization for a foreign student to perform concerts and recitals on-campus is fairly simple, performing concerts and recitals off-campus can be a bit much trickier. One of the ways foreign students can be granted authorization to perform concerts and recitals off campus is to be approved for Practical Training. Foreign students are eligible for Practical Training once they have been enrolled for at least one academic year (nine months). There are two types of Practical Training: Curricular Practical Training (CPT) and Optional Practical Training (OPT).

CPT includes programs that are an “integral part of an established curriculum.” That is, the off-campus concerts and performances must be associated with the school’s established curriculum and must be an integral part of the student’s degree program. While it is completely within the discretion of the school to determine what qualifies for CPT and what constitutes “an integral part of the student’s degree program,” CPT programs are typically listed in the school’s course catalog with the number of credits included and the name of a responsibility faculty member. CPT programs typically include work/study, internships, or any other type of required internship or practical performance experience which the school believes is necessary for the student’s degree or course of study.

OPT, by contrast, is not tied to the curriculum (though it is supposed to be “related” to the student’s field of study) and can be used for up to a year full time (two years part time) on campus or off campus. OPT can take place either before graduation or in the year following graduation. OPT that takes place before graduation can only be used for up to 20 hours per week during the school year (though full time work is permitted during holidays and vacation periods if the student applies). After graduation, the employment can be full-time. Post-graduation OPT must be completed within 14 months of the student’s graduation. A student can have OPT for a maximum of twelve months after graduation.

A note of caution: while students may take an unlimited amount of Practical Training, if they take more than a year of CPT, they are barred from seeking OPT. This can be critical because the OPT may be a student’s only opportunity to perform professional engagements in the US after graduation. As USCIS discourages students from switching easily from F-1 classification to O-1 classification, any hope of doing so usually rests with what the student is able to do during their year of post-graduation OPT. Total CPT up to 364 days or less will not result in the loss of OPT. However, part time work using CPT for more than a year has been deemed to result in the loss of eligibility for OPT. In short, avoiding the loss of OPT eligibility requires both good record keeping of the time spent performing on CPT as well as a lot of math!

In your case, assuming the Designated School Official (DSO) approves the student’s request to perform the off-campus recitals, the DSO will enter the information in SEVIS and print out an I-20 with the CPT authorization for the student. The DSO is required to sign and date the I-20 prior to returning it to the student. While no employment authorization document from USCIS is needed for curricular practical training, the student may not begin work using CPT until getting the endorsed I-20.

So long as a student is approved for either CPT or OPT, then, yes, the student can be paid. However, while your willingness to acknowledge US tax-withholding obligations is both rare and commendable, it may be premature. First, Russians belong to a small list of countries from whom no withholding is required because all money earned by Russians nationals in the US is tax exempt. However, this changes if the Russian is considered a “resident alien” for tax purposes. Second, just because a student (or anyone, for that matter) is a “non-resident” for immigration purposes, doesn’t mean they are a “non-resident” for tax purposes. It all depends on how much time they spend in the US each year. As with all foreign artist tax matters, it’s a very fact specific analysis. Assuming your student in approved for CPT, then I would strongly recommend you consult with an expert in foreign artist taxation to determine the student’s specific withholding and tax obligations.

__________________________________________________________________

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!

Catching up on the opera scene…

May 7th, 2013

By Rebecca Schmid

The Deutsche Oper’s Tischlerei, a new wing for alternative music theater, hosted the results of Neue Szenen—a competition for composition launched by the Hans Eisler Conservatory—on April 8. Three young composers, Evan Gardner, Stefan Johannes Hanke and Leah Muir, emerged from a pool of 52 applicants with their musical settings of a monologue about the Russian journalist Anna Politkowskaja, who was held hostage in 2002 while reporting about the war in Chechnya and murdered outside her Moscow apartment four years later. The topic seems slightly less hackneyed following the bombings in Boston (maybe Sarah Palin should have to sit through all three versions so that she doesn’t confuse the republic with former Czechoslovakia). Each composer was allotted five voices, a maximum of 18 instruments, and their own stage director—yielding scene changes that lasted as long as 20 minutes. It might have made sense to limit directors to a single, mutable set design; surely it wasn’t necessary to dismantle a proscenium that in fact masked acoustics in the first scene (Gardner’s Die Unterhändlerin ‘The Negotiator’) to set up a mess of chairs for Hanke’s It will be rain tonight.

Gardner took the most literal approach with a text that included three other contributors (not including the monologue’s author Christoph Nußbaumeder). A black-masked terrorist (countertenor Georg Bochow) patronized Politkowskaja (mezzo Zoe Kissa), who declared at gunpoint that she “belongs on the side of the oppressed.” The eerie textures of Gardner, an American composer who has lived in Berlin since 2006, underscored the ominous drama but threatened to grow static. It didn’t help that the Echo Ensemble, resident at the Hans Eisler Conservatory, struggled to cleanly execute advanced string techniques under the baton of Manuel Nawri. One of the most effective moments emerged when a frightened character named Masha (Katharina Thomas) panted through a megaphone against ricocheting motives. Gardner’s ensemble writing also revealed great potential.

Hanke took a more poetic approach, with atmospheric winds and more conventional but sophisticated orchestration that illustrated the emotional world of Politkowskaja. The music might have been even more moving without the pseudo-Brechtian staging (Tamara Heimbrock). Muir, another American native, working with highly subtle textures such as wilting slides and sustained, post-Feldman dissonances, suffered most from the Regie (Michael Höppner), set in a dystopically bureaucratic office (presumably that of a newspaper) where an actor, at a climactic moment with fake blood dripping down his legs, reminisces about a lost cat. All considerations aside, Neue Szenen deserves credit for affording emerging composers the opportunity to stage their works at a major venue.

Le Grand Macabre

The Komische Oper has revived Intendant Barrie Kosky’s 2003 staging of Ligeti’s Le Grand Macabre, referenced earlier this season by Robert Carsen with an apocalyptic toilet bowl in Prokofiev’s Love for Three Oranges at the Deutsche Oper. To be sure, the gesture is distasteful in both instances. Kosky uses the porcelain bowl as a throne for Nekrotzar (the Grand Macabre, or a personification of death), which overflows with excrement when he declares the end of the world; Carsen, with his tongue in cheek, has the cook of Creonte’s palace retrieve the magic oranges from his own latrine. But Kosky redeems moments of senseless vulgarity by recreating the opera’s surreal reflection upon life and death with the right blend of dark humor, eroticism and biting social criticism (as seen May 5). The sight of Nekrotzar (Claudio Otelli) chewing on organs in the opening cemetery tableau, his face smeared in fake blood, might have been too much for this viewer, but Ligeti’s musical landscape pulses with death and violence. Kosky brings the characters to life with great dramatic clarity—the gravedigger Piet (Chris Meritt) bumbles around and laughs with morbid naivety; Prince Go-Go (Andrew Watts) is a sex-obsessed, spoiled brat. The director even manages to pull off a threesome with the two ministers (Tansel Akzeybek and Carsten Sabrowski) without it seeming purely for the sake of provocation.

In an amusing touch, the police chief Gepopo (Eir Inderhaug) sticks her head out from the hot pink bed of the prince (sets and costumes by Peter Corrigan) to announce the impending arrival of Nekrotzar, armless beneath her blazer as she bounces up and down in a state of orgiastic mania. The final tableau, in which the characters are trapped somewhere between life and death, evoked so vividly with Ligeti’s shimmering, microtonal textures, emerged in mesmerizing strokes as mermen slithered onstage beneath a heavenly city that descended on a self-consciously artificial cloud. It was certainly over-the-top—and disruptive to the opera’s dramatic flow—when the prince suddenly belted out the 1980s hit The Loco-Motion from his porcelain throne after the departure of the ruffians (here a priest, a rabbi and an Imam), but with the return of the lovers Amando and Amanda (Annelie Sophie Müller, Julia Giebel), and their sensuous, interlocking intervals, Ligeti’s score came to an absorbing close. Despite intermittent gimmicks, the cast was strong throughout, both musically and dramatically, and the house orchestra delivered a fine performance under Baldur Brönimann.

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Don Giovanni Shipped

May 4th, 2013

Don Giovanni at Bavarian State Opera

By ANDREW POWELL
Published: May 4, 2013

MUNICH — Ádám Fischer keenly propelled a revival here last night (May 3) of Stephan Kimmig’s 3½-year-old, shipping-container staging of Don Giovanni for Bavarian State Opera. Predictably the music fared better than the dramma.

Hanna-Elisabeth Müller brought an evenly produced, warmly intoned Zerlina. After a tenuous start coping with leaps, Annette Dasch’s voice settled pleasingly into the trials and tribulations of Donna Elvira. All those Elsas have not hurt her Mozart. William Burden’s Ottavio suffered from poor legato and some clunky phrasing, but the tenor’s golden timbre compensated.

Three principals reprised their roles after a short, brilliant run two years ago under Constantinos Carydis. Erin Wall’s top-heavy Donna Anna shimmered attractively in the highest reaches. She properly gauged her part in ensembles and added luster to both finales. Animated to the Nth degree, Alex Esposito appeared to relish his turn as a Stanley Tucci-like Leporello. His lyric bass made up in focused sound for what it lacked in size. Gerald Finley sang a suave burlador and comically aped Esposito’s theatrical excesses. Twenty years into his career, Finley’s voice retains agility and plush tones, and yesterday the clarity of his Italian was unmatched. The pairing with Müller resulted in a truly seductive Là ci darem la mano.

Tareq Nazmi and Stefan Kocán took the supporting roles of Masetto and the Commendatore, Nazmi with dramatic flair, Kocán with welcome resonance.

Rough playing marred the overture, as did the immediate distraction of the curtain going up. Still, Fischer secured a generally fine effort from the orchestra at brisk tempos. The finales cohered brilliantly.

Moved up and away from 17th-century Spain, where social strata empower Don Giovanni and restrict his victims, Kimmig’s action unfolds without policed context amid present-day cargo. Here the anti-hero incredibly gets his way using money and wits alone, when any one of the hardened locals — the ladies not excepted — might easily beat the powder-snorting crap out of him. Dark freight containers tirelessly twirl and slide, their doors and panels opening to reveal ugly, cramped mini-sets.

Photo © Bayerische Staatsoper

Related posts:
Festive Sides
Verdi’s Lady Netrebko
Petrenko’s Sharper Boris
Petrenko’s Rosenkavalier
Manon, Let’s Go

Stravinsky’s Sacred Music, the Trinity Way

May 2nd, 2013

by Sedgwick Clark

The Rite of Spring, the centennial of which we celebrate on May 29, has been played everywhere this season and undoubtedly will the next. But while The Rite is forever ubiquitous, much of Stravinsky’s huge output languishes—such as his rarely played sacred works, which New York’s Trinity Church presented in toto in three concerts last weekend (4/26-28). It was a genuine event, well attended, and performed sympathetically by the Choir of Trinity Wall Street, Trinity Youth Chorus, and instrumentalists from NOVUS NY under the interpretive warmth of Trinity’s music director, Julian Wachner. Appropriate for a festival of such importance, the beautifully printed and illustrated program booklet, with thought-provoking notes by Matthew Guerrieri, was a keeper.  

The rarity of Stravinsky sacred-music performances is no surprise. Most of it was written during his last period, when he was adapting Schoenberg’s “method of composing with 12 tones” to his own aesthetic. While the expatriate Russian’s unique voice could not entirely be quelled, the concert-going public has voted on Schoenberg’s technique (and Stravinsky’s use of it) with its feet. After more than a century since its genesis, few 12-tone or serial works are played with any frequency, and even those are capable of emptying a room of non-believers before you can say “boo.”

The real surprise is that Stravinsky, a devoutly religious man, wrote so few works on sacred subjects. On the other hand, Ralph Vaughan Williams, an avowed atheist, composed some of the most affecting music on religious themes in the 20th century. Of all the music performed at Trinity, only the Symphony of Psalms (1930) is an indisputable masterpiece, well known and often programmed. Several critics convened at the end of the first concert, wondering which works we could “cross off the list,” as the New Yorker’s Alex Ross amusingly put it, of music we had never encountered in concert. We both had looked forward especially to Threni (1957-58) and had come armed with our scores. Wachner’s heartfelt reading was a satisfying account, even if it lacked the clarity of the composer’s recording. The same could be said of Introitus: T.S. Eliot in Memoriam (1965) and Abraham and Isaac (1962-63), the latter a minor revelation due to Sanford Sylvan’s expert vocalism. The performance of The Flood (1961-62) was game, but I find the music arid.

I could never get into the 1948 Mass before this lovely Trinity performance, but whatever delights some find in Canticum Sacrum (which Time magazine headlined “Murder in the Cathedral” for its report on the 1956 Venice premiere) escape me still, as do most of the shorter pieces. But Requiem Canticles (1966)—which Stravinsky called his “pocket requiem” and which was performed at his funeral—is his last masterpiece, albeit a small one, and it was given an eloquent account.

The Symphony of Psalms, the final work in the concerts, was performed in a two-piano arrangement by Karen Keating—a decision that on paper seemed disappointing but that largely avoided the one serious drawback of these concerts: the muddying factor of Trinity Church’s cavernous acoustics, which compromised nearly every performance to some degree. Stravinsky’s rhythms and scoring thrive in utmost clarity, and these performances would have been even more successful in the drier Zankel or Tully halls uptown.

Nevertheless, in the Symphony the superb Trinity chorus could be heard at its full stature without the acoustical confusion of orchestral textures, and the excellent pianists, Pedja Muzijevic and Steven Beck, were perfectly balanced. I’d love to hear Bruckner Motets at Trinity someday.

Colin Davis in the Green Room

My good friend and loyal reader of this blog, the conductor, educator, and author John Canarina, wrote to me of a post-concert encounter he observed between the late Colin Davis and a young musician:

“In the year 2002, I think it was, I went back to the green room after Colin Davis had conducted a NY Phil concert. The only people there ahead of me were a couple with their young son, about 10 years old. When Davis appeared the couple asked if they could take a picture of him with their son, who was studying music. He readily agreed and, in the process, asked the boy what instrument he played. “I play the clarinet,” was the reply, whereupon Davis exclaimed, ‘That’s what I played—look what happened!’”

Looking Forward

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

5/3 at 7:00. Carnegie Hall. Evgeny Kissin, piano. Beethoven: Sonata No. 32, Op. 111. Works by Haydn, Schubert, and Liszt.

5/3 at 9:00. Zankel Hall. Kronos Quartet; David Krakauer, clarinet. Missy Mazzoli: You Know Me From Here. Valentin Silvestrov: String Quartet No. 3. Aleksandra Vrebalov: Babylon, Our Own. Laurie Anderson: Flow.

5/4 at 7:30. Carnegie Hall. Renée Fleming, soprano and host; Jeremy Denk, piano; Emerson String Quartet; Paul Neubauer, viola; Colin Carr, cello. R. Strauss: Drei Lieder der Ophelia, Op. 67. Brahms: Ophelia Lieder. Schoenberg: Verklärte Nacht. Wagner: Wesendonck Lieder, Op. 91 (2). Brahms: Intermezzi, Op. 118, Nos. 1 and 2. Songs by Weigl, Wellesz, Webern, Zeisl, and Schoenberg.

5/5 at 3:00. Carnegie Hall. Maurizio Pollini, piano. Beethoven: Sonata No. 8, Op. 13 (Pathétique); Sonata No. 21, Op. 53 (Waldstein); Sonata No. 24, Op. 78; Sonata No. 23, Op. 57 (Appassionata).

5/6 at 7:30. Carnegie Hall. Spring for Music. Baltimore Symphony/Marin Alsop; Time for Three (string trio). Jennifer Higdon: Concerto 4-3. John Adams: Shaker Loops. Prokofiev: Symphony No. 4 (1947 version).

5/7 at 7:30. Carnegie Hall. Spring for Music. Albany Symphony/David Alan Miller; Kevin Cole, piano. Harbison: The Great Gatsby Suite. Gershwin: Second Rhapsody. M. Gould: Symphony No. 3 (original version).

5/8 at 7:30. Carnegie Hall. Buffalo Philharmonic/JoAnne Falletta. Kancheli: “Morning Prayers” from Life Without Christmas. Glière: Symphony No. 3 (Ilya Muromets).

5/9. Avery Fisher Hall. Audra McDonald in Concert: Go Back Home