On Breaking the Spell

March 21st, 2013

by Sedgwick Clark

In his “New York Chronicle” music column for the April issue of The New Criterion, my friend and colleague Jay Nordlinger writes about a concert by Amsterdam’s Royal Concertgebouw Orchestra that we both attended on February 13 at Carnegie Hall. At one point he notes that some audience members applauded between movements of the two works performed. “This was not especially annoying. The shushing of them by others—harsh, petty, self-righteous shushing—was.” Being one of those shushers, I’d like to have my say.

Honestly, I can’t help it—it’s like a doctor’s tap on my knee. Shushing escapes my lips the moment someone applauds between movements. My brows knit, my teeth clench, and my head turns accusingly toward the offending clappers. The artists onstage have poured out their hearts to transport us to the composer’s world, but the applause destroys our concentration, breaks the spell. Wait for the conclusion of the work to register your approval, I believe, and you will be far more satisfied than if you dissipate it too soon. In a great performance, premature applause is like a knife in the heart, no less than unchecked hacking or a beeping cell phone. (In the latter regard, I recall a Philharmonic matinee at which a woman answered her phone to say, “I’m at a concert and can’t talk now.”) One music-loving friend has sworn off live concerts completely in favor of his recordings, unable to tolerate “piggish audiences who have no respect for the composers, artists, or fellow listeners.”

Recording engineer Seth Winner, who has worked on resuscitating NBC Symphony/Toscanini broadcasts, reports that applause between movements was diminishing in the 1930s but actively frowned upon in earnest when the orchestra went to an hour-long format in 1941 because it threw off the timings of the program. By the time I began going to concerts, nearly 45 years ago, applause between movements was essentially non-existent, and conductors would hold up an arm for silence. 

Many of those concerned about the future of classical-music concerts believe that the younger set is alienated by such concert decorum. If people want to applaud between movements, let them, they say. Times change, and there’s no reason for acceptable concert decorum not to make adjustments as well. The late music critic Alan Rich wrote in New York magazine in the 1970s of the sneering glances of Met Opera patrons when he wore jeans to an opening. Nowadays, a man in a tux or tails at a Met opening is the exception.

As in every activity in life, however, there are rules and boundaries so that communal activities may be enjoyed by the majority. Hence, the pre-performance announcements about turning off cell phones before concerts and movies, not taking photos, or otherwise fiddling with technical doodads that might distract your neighbor’s attention from the music or screen. If I’ve been “harsh, petty, self-righteous” in my imprecations, Jay, I’ll attempt to be less so in my shushing lest I turn into my friend who has forsaken the concert hall.

Looking Forward

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

3/22 at 7:30. Carnegie Hall. Jeremy Denk, piano. Bartók: Piano Sonata. Liszt: “Weinen, Klagen, Sorgen, Zagen” Prelude after J.S. Bach, S. 179; Sonetto 123 del Petrarca from Années de pèlerinage, Deuxième année; Après une lecture du Dante, fantasia quasi sonata; Isoldes Liebestod from Wagner’s Tristan und Isolde. J.S. Bach: Prelude and Fugue in B minor from The Well-Tempered Clavier, Book I, BWV 869. Beethoven: Piano Sonata No. 32 in C minor, Op. 111.

3/27 at 7:30. Avery Fisher Hall. Los Angeles Philharmonic/Gustavo Dudamel. Peter Sellars, director. Los Angeles Master Chorale/Grant Gershon. Kelly O’Connor (Mary Magdalene), Tamara Mumford (Martha), Russell Thomas (Lazarus). John Adams: The Gospel According to the Other Mary.

3/28 Avery Fisher Hall. Los Angeles Philharmonic/Gustavo Dudamel. Vivier: Zipangu. Debussy: La Mer. Stravinsky: The Firebird (complete ballet).

Posted in Why I Left Muncie | Comments Closed

The Personal Touch

March 21st, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

I recently had the pleasure of attending one of Chamber Music America’s very informative, helpful and free “First Tuesdays” workshops which focus on a different professional development topic each month. This particular one, which was called “The Art of the Cold Call”, was expertly led by Marc Baylin, president of Baylin Artists Management. When asked by an artist manager how they should communicate with a presenter who was not responsive to their calls and e-mails, I was surprised to hear him suggest a letter. My first reaction was, who writes letters anymore and why is that likely to prove more effective? Mr. Baylin believes that a letter demonstrates extra effort on the part of an artist or manager and it is less likely to be discarded than an e-mail which might immediately be deleted. Most people will at least open the letter and glance at it, since they receive very few of them. It is also something tangible that they might keep on their desk until they are ready to deal with it. This got me thinking about other types of communication that seem to increasingly get neglected in these very fast paced times.

Two of the most powerful words in interpersonal relationships may well be “thank you”; yet, too often, those words go unarticulated. I have met artists who didn’t feel the need to thank their manager for securing a particularly meaningful engagement or attractive fee for them because, after all, they pay them commissions for their efforts and the higher the fee, the more the manager earns. I have also met individuals who may have considered the idea of giving their supervisor or employer a gift on their birthday but chose not to for fear of coming across as trying to gain favor with them. In my view, generosity of spirit and genuine expressions of appreciation will never lead someone down the wrong path. In fact, they help to build relationships that enrich our work experiences and offer incalculable rewards over the course of a lifetime.

In speaking with Steven Shaiman, Senior Vice President and Artist Manager at Concert Artists Guild, I was very heartened to learn that there is generally a climate of appreciation from the artists for the work that they do for them in launching their careers. Some take the time to write personal notes to the staff and others may bring in home baked treats. A good number write notes to presenters following their performances, having been encouraged to do so by their managers. This gratitude continues after they have graduated from CAG, when they take care to mention in interviews the valuable role the company played in their career development. It is not surprising that some of these personal gestures may become less frequent as artists’ schedules become more demanding. I asked Ken Fischer, President of the University Musical Society at the University of Michigan, Ann Arbor, how often he gets personal thank you notes from artists and he said it was rare. When it does happen, it makes a huge impression on him. One memorable note came from a singer who wrote to thank him for personally driving her to the airport early on a Sunday morning. I know that Mr. Fischer doesn’t think twice about doing something like that, nor does his staff complain about the work involved in preparing personal welcome packets for every guest artist arriving on campus, including individual members of foreign visiting orchestras, who receive packets prepared in their native language. Still, none of this should be taken for granted. He is gratified by the opportunity afforded by Facebook and Twitter to stay in touch with artists after they leave the campus. The ongoing communication that some artists opt to have often heightens the sense of anticipation that precedes a return visit. He also stressed to me how much it means to him and his staff when a manager takes the time to pay them a visit. Many of us may come to a performance because we think the artist expects it of us. Over the years, I rarely thought about what such a gesture might mean to the presenter, especially in the case of a veteran such as Ken Fischer. Presenters also cherish the generous community that they are a part of, sharing ideas and celebrating one another’s successes. It was no surprise to me to learn that so many of Mr. Fischer’s professional colleagues are also close personal friends.

I asked Mary Lou Falcone, the venerated public relations specialist, how she felt about employees going out of their way to make gestures of support and appreciation. I gave the example of an assistant placing a bouquet of flowers on her desk at the conclusion of a week that had been particularly challenging. Would she ever think that such a gesture was motivated by some other agenda? She responded by saying that it should never feel awkward for an employee to show kindness to an employer if it comes from a place of sincerity. Even small gifts at holiday time or on a birthday are not out of place. For the employer, it can be deeply touching and memorable. I also asked her how many former employees stay in touch with her and she said that about 50% still do. One woman who worked for her 30 years ago and who has gone on to a highly successful career in real estate still calls once a year to say that it would never have happened without her. We shared our mutual admiration for pianist Jean-Yves Thibaudet, who never fails to call us on our birthday no matter where he may be in the world, long after our personal representation services for him have ended. She confirmed my belief that there is no one at any level who will not appreciate a kind gesture and a congratulatory message on a job well done. She takes great care to pass along this message to the students in her course at Juilliard, “Completing the Singer”. She tells them that to say thank you and give credit takes nothing away from us. It helps to build and nurture relationships which are the foundation of a long and rewarding career in our industry. She summed everything up beautifully by adding: “No matter what your function, thoughtfulness is never out of style.”

To ask a question, please write Ask Edna.

© Edna Landau 2013

Please Note: I will be taking a spring break from this column over the next few weeks and will return on April 11, in hopes that it will actually feel like spring in New York by then! If you are celebrating a holiday during this time, I wish you a very happy holiday.

Posted in Career Etiquette | Comments Closed

Does God Serve On Their Board?

March 20th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

We booked one of our artists to perform at a non-profit venue. The booking agreement was signed by all parties. We just received a phone call from the venue that their board met last night and decided unanimously to cancel the engagement due to poor ticket sales. The contract states that our artist is to be paid a cancellation fee if the date is cancelled for any reason except an act of God. However, the venue is claiming that this is an act of god and they do not have to pay. Any suggestions?

While I am familiar with many board chairs and presidents who erroneously believe they rule with omnipotent powers, their decisions do not constitute “Acts of God.” Moreover, unless there is a specific definition of “Acts of God” in a booking contract that expressly states that ticket sales are subject to divine will and authority or that a recognized deity from an established pantheon is in charge of marketing and sales, poor ticket sales are also not “Acts of God.”

Contrary to myth, non-profits are not exempt from the laws and legal obligations which govern all businesses, for-profit or otherwise. They must license copyrighted materials, pay their employees and independent contractors, and honor contractual obligations just like everyone else. In this case, you would appear to have a fairly straightforward breach of contract situation whereby the venue is contractually obligated to pay your artist the agreed upon cancellation fee.

Regardless of the legal merits of your claim, your first course of action should not be threats or demands. Instead, explore every possibility of a creative and mutually reasonable solution. Non-profits are under a considerable amount of pressure and, more often than not, in situations such as these, they are acting out of fear and self-survival rather than any nefarious intent. Can you reschedule the date? Can you offer to provide additional marketing materials or suggestions? Are there any expenses or costs which can be reduced? Are there any other presenters in the area who might be willing to partner with the venue and share expenses? Assuming your venue is unwilling to budge or consider alternatives, then stating the legal merits of the situation and suggesting mediation or arbitration would certainly be appropriate.

Ultimately, this may be one of those rare instances when filing legal action may be warranted. If your booking agreement does not provide for attorneys fees and costs in the event of a lawsuit, and if the engagement fee is not substantial enough to warrant the time and aggravation, you may be able to file a small claims action in lieu of a more formal trial. Sometimes, merely filing a lawsuit or claim is enough to bring them to the bargaining table. However, always remember that winning a lawsuit doesn’t mean you or your artist will ever see a dime. If the venue refuses to pay, you’ll have to pursue them further with bank liens and property attachments until they either pay or file bankruptcy or close entirely. While not resulting in any damages for you or your artist, this can often be its own form of divine retribution upon the venue.

__________________________________________________________________

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!

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Posted in Acts of God, Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Non-Profits, Presenters, Venues | Comments Closed

Paz de la Jolla: A trip to the ballet, not to California

March 15th, 2013

Note: This review marks the continuation of a series dedicated to showcasing the best student writing from the Dance History course I teach at The Juilliard School.

By Cleo Person

As a Southern California native, I eagerly awaited New York City Ballet’s February performance of Justin Peck’s new work Paz de la Jolla. Seated in the former New York State Theater, I was hoping for a mini trip home, minus the hassle and airfare. Even though Reid Bartelme’s costuming (bathing suits and shorts) and Peck’s ocean imagery did create some sense of a warmer California climate, not much else about the piece captured the laid-back, costal village atmosphere of La Jolla.

The finale of Paz de la Jolla © Paul Kolnik.

Peck, a twenty-five year old City Ballet corps member, is not a complete novice in the art of choreography. La Jolla is his fourth work for City Ballet, following his most recent critical success, Year of the Rabbit. But La Jolla, set to Bohuslav Martinu’s Sinfonietta la Jolla, didn’t win me over. Peck’s choreography rarely conjures any sense of La Jolla as an actual place. The ballet seems to be in the service of displaying the dancers’ high level of technical ability, and Peck’s choreographic proficiency. He skillfully arranges his 18 dancers in geometric formations and patterns through an array of steps that feature the classical ballet lexicon. It’s a charming, impressive display. However the confounding part about La Jolla is what it actually evokes: the urgent, frenetic pace of New York.

Though the ballet is mainly abstract, there are a few loose plot points, which enable the leads to stand out as characters. Tyler Peck, clad in a striking blue bathing suit, not only shows off her technical prowess, but also plays a girl with a delightful sense of spark and fun. Sterling Hyltin and Amar Ramasar, who portray lovebirds on the beach, contribute hints of maturity. It is not, however, the kind of maturity seen in La Jolla, where most of the population is retirees.

Sterling Hyltin and Amar Ramasar in Paz de la Jolla. © Paul Kolnik.

Peck’s need to display movement virtuosity overshadows any feeling or story he could have conveyed. For example, the dancers of the corps act more as design vehicles than real people, and the relationship between the in-love couple is more generic than illuminating or enchanting. Because of Peck’s focus on wowing with steps and speed, even the small allusions to narrative get muddled. At one point, Hyltin runs into the waves, created by the massing of the corps, and Ramasar follows her. It becomes unclear as to whether they are playing in the water, drowning, or dreaming the whole thing up. When the waves subside, the couple lays motionless as other dancers, who previously represented waves, fail to revive them. Seconds later, Hyltin and Ramasar get up and dance joyfully (and absurdly) away.

The most ingenious part of la Jolla is Peck’s depiction of waves, created by a group of dancers wearing shimmery blue tops and dancing on the upstage diagonal in swelling and receding patterns. Peck doesn’t revert to cliché arm waving or other overused water images. Instead, he has female dancers lie prone with their legs in the air while the men form complicated patterns of interlacing circles behind them. He choreographs other women to then weave under the men’s arms. This ensemble-created fluidity is mesmerizing. Other sections, however, don’t flow together quite as smoothly. There are multiple occasions when the dancers arrive into formation and then stand still, waiting for the next musical cue to launch them into the next movement phrase.

Peck’s ballet occurred in the middle of the evening’s program, following Alexei Ratmansky’s spatially stunning Concerto DSCH, and preceding Jerome Robbins’ groovy N.Y. Export: Opus Jazz. After seeing all three pieces, it became clear that Peck did a nice job showing off the dancers’ strengths. While Robbin’s Opus Jazz is a brilliantly created, timeless piece of fun that can, if danced well, be a masterpiece, many of the girls looked like they missed their pointe shoes and appeared uncomfortable moving their bodies outside of the ballet lexicon. While not very evocative of a true Southern Californian way of life, Paz de la Jolla was at least danced with great enthusiasm by Peck’s fellow dancers.

Cleo Person is a first year Dance Division student at The Juilliard School.


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Posted in The Torn Tutu | Comments Closed

Happy Birthday, Pierre Boulez

March 14th, 2013

by Sedgwick Clark

FINAL NOTICE: MY BLOG IS NOW POSTED ON THURSDAYS RATHER THAN ON WEDNESDAYS.

All scribes like to receive mail, even negative, because it shows that someone is reading us. A welcome note about last week’s blog, which concerned my love of youth orchestras, arrived from my good friend John Canarina, conductor, educator, critic, and author most recently of The New York Philharmonic: From Bernstein to Maazel (Amadeus Press):

“You wrote last week in your blog about hearing Boulez conduct the National Youth Orchestra of Great Britain in 1977. Though we didn’t know each other at the time, I was there, too! I agree with you 100 percent in your assessment and remembrance of that concert. It was stupendous, probably the finest Boulez concert I’ve ever heard.”

In its totality, I agree. But there were several unforgettable concerts during his Philharmonic years that deserve mention, beginning with those four electrifying programs in February and March 1969 that earmarked him as Leonard Bernstein’s successor as music director. Pardon me, as I quote from one of my early blogs (2-15-10), reviewing a pair of Chicago Symphony concerts. “Very simply, [Boulez] changed the way I hear music. From those first four Philharmonic concerts, I cannot forget the harmonic clarity and singing of the cellos halfway through the first movement of La Mer; the unexpected orchestral outburst and dramatic surge of waves at the climax of “Asie,” the first song in Ravel’s Shéhérazade, which nearly propelled me from my seat; the whisper-quiet dynamics in Music for Strings, Percussion, and Celesta; and of course that savage Sacre! His Philharmonic years are still the most exciting of my concert-going life.”

During those initial Philharmonic appearances, Boulez led a spine-tingling chamber-music concert of works by Schoenberg and Debussy at Hunter College that I recounted in my reminiscences of the late Charles Rosen only two months ago (1-4-13). What I did not mention was that Boulez accompanied soprano Bethany Beardslee in Debussy’s Trois Poèmes de Stéphane Mallarmé, and for the first time I sensed I was hearing a “piano without hammers,” as the composer prescribed.

Several performances at Philharmonic Rug Concerts stand out in my memory – perhaps foremost being the first and second Improvisations sur Mallarmé of Boulez’s Pli selon pli, with soprano Phyllis Bryn-Julson, on June 14, 1974, in which one could hear the proverbial pin drop in the jam-packed Philharmonic Hall. Afterwards in the green room, Boulez rhapsodized about the effect of such an attentive audience on a performer – that he could set broader tempos, be more expressive, take longer ritards.

Earlier that year, on February 14, he had conducted a single non-subscription performance of Mahler’s Eighth with equal success. He was always at his best on such occasions, when he knew the audience had come specifically to hear his interpretation rather than another subscription concert. There are moments such as the clarity at the end of Part I of ascending eighth notes in the strings, balanced perfectly with the offstage brass, that I despair ever again hearing with such precision and impact. At the dress rehearsal in the morning, I noticed Erich Leinsdorf across the hall with his head buried in the score, no doubt with admiration.

I could mention any number of subsequent concerts with the orchestras of Chicago and Cleveland, his favorite ensembles in America, but it seems to me that his years in New York are in greater need of reminiscence. As it happens, MusicalAmerica.com reported on 2/28 that Boulez had cancelled this month’s Chicago and Cleveland engagements for the second year in a row for health reasons; earlier in the year he had cancelled engagements in France. Problem is, his eyesight has been failing, and he only conducts with a score. As he nears his 88th birthday on the 26th of this month, our best wishes go out to him for a complete and immediate recovery.

Posted in Why I Left Muncie | Comments Closed

Then is now

March 14th, 2013

By James Jorden

With one of my favorite opera productions returning to the Met tonight, I’ve been considering lately what makes Willy Decker’s Traviata so fine, so satisfying, and so worth a return visit. Read the rest of this entry »

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Posted in Rough and Regie | Comments Closed

Lessons Learned From Crowdfunding

March 14th, 2013

By: Edna Landau

Dear Edna:

I am Associate Professor of Piano at a university music school in the U.S. and enjoy reading your blog very much. I also encourage my students to read it. For a number of years, I have been researching piano compositions written by female composers and I have now collected enough music to make a cd recording. I realize it is unlikely that a record company would release the cd and cover the expenses so I’ve been thinking of producing it myself. I know that others have undertaken such projects through crowdfunding sites such as Kickstarter and I am happy to go that route. However, I am wondering if there are things I should know up front to avoid making any mistakes and to maximize the effectiveness of my campaign. Any advice you can give me would be most appreciated. —- Stephanie B.

Dear Stephanie:

Thanks very much for writing to Ask Edna. Your project sounds perfect for a Kickstarter campaign. The good news is that Kickstarter’s website is extremely comprehensive and very helpful. All of the guidelines are carefully spelled out and considerable advice is offered about how to set your financial goal, the ideal length of time for your project, establishing rewards for different levels of giving, and more. It is important to remember that with Kickstarter, you must succeed in reaching your goal; otherwise, the dollars pledged will not be collected. However, you can contribute some of your own money if you come up a little short. You also cannot change your financial goal or the length of the campaign once it has begun. I have spoken to a number of people recently who mounted successful campaigns (all exceeded their goals) and they confirmed that they learned virtually everything they needed to know from carefully studying the Kickstarter website before launching their project. I did get some additional insights from them which you and others might find helpful.

Oboist Matt Dine organized a Kickstarter campaign to fund a recording project he had dreamed of for a long time: Me, Myself and Albinoni. The recording will feature him playing both parts of two of his favorite Albinoni concertos, written for two oboes. He limited the time frame of his $18,000 campaign to a month because that is the optimal time recommended by Kickstarter. He succeeded in raising $20,343. He told me that he was intensely involved with the campaign every day, to make it enticing to contribute, and advised that anyone contemplating this fundraising approach be prepared to make a proper time commitment. It is necessary to support the campaign with regular communication via e-mail, Facebook and possibly Twitter, to keep the momentum going. He tried to make his rewards as inventive as possible and also took advantage of his skills as a professional photographer to offer free photo sessions in the higher reward categories. He noted that Kickstarter strongly recommends posting a video but he hesitated until the last ten days because of the work involved and his concern about the quality meeting his own standards. When he did it, it creatively reflected the unique nature of his project (I encourage you to see for yourself how) and he raised $3000 in three or four days. He thinks that the video played a major role in reaching his goal before the deadline. He pointed out to me that a perfectly acceptable video can be made with an iPhone, if necessary, and that most people have friends who know how to edit if they don’t. When Matt exceeded his goal, he adjusted his plans so as to use an even better recording venue than planned. He strongly suggested that when setting up the campaign, think your project budget through very carefully. Remember that in addition to the 5% fee that Kickstarter takes, there will be an additional charge of at least 3% from Amazon.com for processing payments.  You will also have shipping costs when you send backers their rewards.

I also spoke with bassist Ranaan Meyer, who is a co-founder of Time for Three, and mezzo-soprano Susanne Mentzer who gave further input about their Kickstarter campaigns. Time for Three wanted to produce a music video with a strong positive message for young people. Their goal was $15,000 (they had additional funding from a private source) and they raised $18,410 in less than a month. They worked with a few consultants, including viral marketing and social networking expert Jaime Campbell Morton, to help them present their project effectively and to assist them in knowing how often to post and send messages via social media and drive traffic to their Kickstarter page. They also hired a videographer to assist in the making of the promotional video on the Kickstarter site. All of these investments paid off once their music video was produced. Their audiences increased by as much as 300 per show, they gained many new Facebook fans, and hits on the Time for Three – Stronger video on YouTube currently number over 93,000. Ranaan stressed the importance of sending out the rewards in a timely manner. He also made the point that the Kickstarter experience is not just about raising money and “see ‘ya later”, but about building a community that is dedicated to you and your projects. Susanne Mentzer, who successfully funded a recording of never before recorded songs by Pulitzer prizewinning composer and octogenarian Carlisle Floyd (who will supervise the sessions), also spoke of the importance of acknowledging and thanking your community. Since every donation showed up in her e-mail account and a spreadsheet on Amazon.com gave further detail about the donor and the amount, she made sure to thank at least the larger donors right away. She admitted to me that she found the prospect of creating the Kickstarter video a bit daunting and that if she were to do another campaign, she would solicit outside help and aim for a higher quality outcome. She reiterated the importance of constantly getting the word out through social media or, as she called it, “shaking the trees”.

I should mention that Kickstarter is not the only game in town. There are other crowdfunding sites such as RocketHub and Indiegogo. I have not personally investigated RocketHub but there would seem to be two advantages to Indiegogo. If you are not successful in reaching your financial goal, you can still collect the monies that were pledged; however, the fees you pay will be slightly higher than if you achieve your goal. In addition, it is possible for your backers to get a tax deduction if you have a charitable foundation with 501(c)3 status as the payee, or if you use a fiscal sponsor such as Fractured Atlas. (Fees for this will also be a bit higher.) I spoke to Paul Murphy, who is a member of the Artists’ Committee of The Declassified and who was integrally involved in their successful Indiegogo campaign to launch the music collective. They sought to raise $20,000 and raised $25,115 in six weeks. The monies were used to cover basic expenses such as a professional website, marketing materials, office space and accounting and legal fees, as well as costs related to events that took place in the launch week. The campaign led directly up to the launch week and was significantly helped by an article about The Declassified that appeared in The New York Times. The size of The Declassified (over 40 members) gave them a built-in network of family and friends that got them one-third of the way. They put a lot of thought into their video and making sure they had a point person to keep their written and video messages consistent and compelling. They focused on clearly and concisely expressing who they are, what they do, why they are excited about it and on inviting people to be a part of it. You might find their rewards interesting, inasmuch as it can be a challenge to offer benefits to donors when you don’t yet exist! When the campaign ended, and following their launch week, they sent out a newsletter to their network and Indiegogo campaign donors to thank them and share the exciting news that they were singled out by Indiegogo as a model campaign.

This may be far more information than you were seeking, but I hope this column offers useful tips to a broader community of musicians, as well as encouragement to pursue their dreams, based on the significant success of many others who have preceded them.

Musical America will be issuing a Special Report on Fundraising and Sponsorships on 2 April. The report is free and will be located in the Special Reports area of the web site.

© Edna Landau 2013

Posted in Ask Edna, Fundraisng for Projects | Comments Closed

Another Taxing Question

March 13th, 2013

By Robyn Guilliams, Esq.

Dear Law and Disorder:

There seems to be some clarification needed regarding income earned by non-US artists we represent who perform in Canada. We act as the agent for the artists, so payment is always made to us.  If an artist will be performing in Canada, but payment comes to us in the US before it is sent to the artist, is it still subject to US withholding (potentially 30%)? If an artist earns money in Canada and the payment comes to us as agent for the artist does that income get recorded in the 1042S that we provide the artist at the end of the calendar year? I am hoping you can provide me with an answer that I can forward on to my colleagues. Thanks, you guys are great!

The 30% withholding rule is applicable only to payments of “US source income”.  For compensation of personal services (e.g., fees earned by artists for performances, master classes, etc.), the test of whether or not the fees are “US income” is the location where the services are performed. Fortunately, this makes it easy to determine when the 30% withholding rule applies! IRS Publication 519 states that:

If the income is for personal services performed in the United States, it is from U.S. sources. The place where the services are performed determines the source of the income, regardless of where the contract was made, the place of payment, or the residence of the payer.”

So, your nonresident artists who perform in Canada (or any other country outside the US) are NOT subject to 30% withholding. They are subject to tax and withholding in the country in which the services are performed. Even if payment for a Canadian engagement comes to you in the US, that payment will be considered non-US income, it is not subject to 30% US tax withholding, and it is not reportable on a 1042-S. However, while your artist won’t have any US tax obligations for the Canadian engagement, he or she may be subject to Canadian withholding and tax.

__________________________________________________________________

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!

 

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Posted in Artist Management, Law and Disorder: Performing Arts Division, Taxes, Touring | Comments Closed

The Beauty of Buglisi

March 9th, 2013

Note: This review marks the continuation of a series dedicated to showcasing the best student writing from the Dance History course I teach at The Juilliard School.

By Zoë McNeil

Although it’s been 22 years since Martha Graham’s passing, the Buglisi Dance Theatre continues to perpetuate her legacy. The company, seen February 9 at The Joyce Theater, was founded by a handful of former influential members of the Graham Company. Jacqulyn Buglisi and Donlin Foreman, its founding choreographers, seek to reflect Graham’s dramatic aesthetic in which emotions, characters, and movements are boldly etched.

Buglisi and Foreman’s work features Graham’s signature gestural and movement vocabulary, such as cupped hands, contractions (in which the spine forms a concave shape) and split falls (in which a dancer executes a split and a contraction as she sinks to the floor). Today Buglisi, the company’s sole artistic director, reinvents Graham’s ideas through her distinctly romantic voice.

Of the six pieces presented, the highlight of the program was Buglisi’s 2001 work Requiem. Originally inspired by the Italian Baroque painter Artemisia Gentileschi’s portraits, Buglisi shifted the work’s focus after the 9/11 New York terrorist attack.

"Requiem" by Jacqulyn Buglisi

Breathtaking from the start, Requiem features chiaroscuro light by Clifton Taylor that cascades onto the stage as if from the windows of a cathedral. The five illuminated dancers rest atop five black boxes, positioned in a V formation. The stirring chorale music of Gabriel Fauré permeates the space. Despite the subtle and nearly statuesque nature of the movement, the dancers’ cohesive energy and emotional intensity makes Requiem appear kinetic. Each movement and gesture initiates from the core of each female dancer. When the dancers slowly descend from the boxes to the floor, their richly hued asymmetrical draped dresses, designed by Jacqulyn Buglisi and A. Christina Giannini, appear to grow larger, like a painter expanding color across her canvas.

Terese Capucilli in "Requiem"

Terese Capucilli, a member of the original cast of Requiem, navigated Buglisi’s choreography with elegance and passion. Her dancing is captivating for its deeply human approach. Capucilli doesn’t look like she is acting. Her aura of tragedy feels real.

Another impressive piece was Prelude, performed by Ari Mayzick and choreographed by Donlin Foreman. This 1997 solo epitomizes the essence of male vigor and power. Mayzick’s impeccably sculpted body is used to demonstrate his complete, physical control. In the face of Foreman’s physically demanding choreography and specific theme (overcoming struggle), Mayzick didn’t resort to dramatics; his dynamic dancing did all the talking. In a series of spirals that descended to the floor, Mayzick transcended gravity with some remarkable suspended, standing balances on one leg.

In Rain (2004), the first work on the program, Buglisi’s environmental activist voice is expressed. Inspired by her trip to the Venezuelan rainforest, Rain is a commentary on the magnificence and vulnerability of nature. The entirety of the dance takes place behind a scrim, designed by Jacobo Borges, that projects images of nature’s elements, such as waterfalls, oceans, rocks and trees. The performers appear to float in this environment, becoming visible and then shrouded by the scrim. The music, composed by Glen Velez, Villa-Lobos, and Mahler, alternates between the percussive energy of drums—as if one was enveloped in the beating heart of the jungle—to the softer quality of the piano. Overall, the dancers give the impression of being in the rain, of embodying the ever-changing nature of water through sections that alternate between solo, duet, and ensemble performing. Though the scrim creates a boundary between the nine dancers and the audience, the performers’ energy and strong technique transcend it.

"Rain" by Jacquilyn Buglisi

It’s no surprise that Buglisi Dance Theatre has survived twenty years. The company’s works possess theatrical range. The dancers are top notch, and Graham’s important legacy continues through the voices and spirit of her progeny.

Zoë McNeil is a first year dance division student at The Juilliard School. She is studying the Graham technique with Terese Capucilli.

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I Love Youth Orchestras

March 7th, 2013

by Sedgwick Clark

NOTE: MY BLOG IS NOW POSTED ON THURSDAYS AT NOON RATHER THAN WEDNESDAYS.

Why? The kids aren’t jaded. No repertoire is too daunting. Their enthusiasm nearly always makes up for any momentary technical shortcoming. One skips concerts at Juilliard at his or her peril and often encounters first-rate conductors that the Philharmonic has neglected. Carnegie Hall’s Weill Music Institute just announced a new summer training residency for students from 42 states. Beginning in late June, they will train at Purchase College (N.Y.) and be conducted in their first concerts by Valery Gergiev, with Joshua Bell as soloist in Tchaikovsky’s Violin Concerto. Shostakovich’s Tenth Symphony and a new work by American composer Sean Shepherd complete the program, to be performed at Washington, D.C.’s Kennedy Center, and in Moscow, St. Petersburg, and London (dates tba).

The ensemble’s name, “National Youth Orchestra of the United States of America,” reminds me of a thrilling concert I heard in London in 1977 by the National Youth Orchestra of Britain. Pierre Boulez conducted one of his signature programs: Bartók, Music for Strings, Percussion, and Celesta; Berg, Violin Concerto, with Itzhak Perlman as soloist; Stravinsky, The Rite of Spring. Afterwards, he couldn’t contain his excitement at having conducted The Rite with 146 players. I counted 16 double basses and equivalent numbers in the other string bodies in MUSPAC.

The Berg boasted large orchestral forces as well, but with Boulez’s impeccable ear Perlman soared effortlessly throughout. I had heard Boulez conduct the concerto twice before in concert as well as on record twice, and in each case he downplayed the Viennese dance rhythms in the first movement – but not with Perlman. I saw the violinist at the Aspen Music Festival later that year and asked him how he had gotten Boulez to loosen up. With typical Perlmanian cheer he flipped his right arm in the air dramatically, saying with a grin, “I said, Pierre – dance!”

Some readers may find it odd for me to be essentially reviewing a 36-year-old concert performance, but I just wanted to recall how satisfying a student performance can be. Those British Youths roared through Boulez’s interpretation of The Rite with far more fire than in either of his Cleveland recordings or a later London Symphony performance at Carnegie. I heard several concerts during that three-week stay, but damned if I can remember any of the others.

The critics raved, cluelessly expressing astonishment that the young players were so adept in such “difficult” music – seemingly unaware that the complex rhythms and dissonant harmonies were second nature to their generation. I would like to look forward to the National Youths of the U.S., but for some reason they won’t be playing in New York, just rehearsing in Westchester. Maybe next year.

Chicago’s Legendary Dale Clevenger to Retire

Mahler’s Fifth Symphony begins with a trudging funeral march before bursting out into a wild allegro that climaxes as six French horns whoop up the scale. For over 43 years that rip-roaring moment in a Carnegie Hall performance on January 9, 1970, with the Chicago Symphony under Georg Solti, has remained vividly in my mind. For years thereafter their concerts would be the toughest ticket in town, and at the end of this season, the man leading the horn charge will retire. Dale Clevenger will have been the Chicago Symphony’s principal horn player for 47 years when he moves on to teach at Indiana University. His was a level of artistry I’ll never forget.

Looking Forward

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

3/11 Carnegie Hall. Stephanie Blythe, mezzo-soprano; Warren Jones, piano. James Legg: Twelve Poems of Emily Dickinson. Barber: Three Songs, Op. 3. American Songbook classics by Ray Henderson, Cole Porter, Edward Confrey, and Irving Berlin.

3/14 Carnegie Hall at 7:00. Orchestra of St. Luke’s/Patrick Summers; Renée Fleming (Blanche), Teddy Tahu Rhodes (Stanley), Anthony Dean Griffey (Mitch), Jane Bunnell (Eunice), Andrew Bidlack (Young Collector), and Dominic Armstrong (Steve). Semi-staged performance directed by Brad Dalton. André Previn: A Streetcar Named Desire.

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