A Flair for Marketing

October 25th, 2012

By: Edna Landau

To ask a question, please write Ask Edna.

I am often asked by artists and ensembles how they can gain recognition for themselves and build a following. The easiest way to answer them is by way of example.

Prior to March 1, 2012, I don’t think that Sybarite5 was on my radar screen. I’m sure I read that they were a winner of the Concert Artists Guild Competition in the fall of 2011 but the information just passed through my mind at the time. On March 1 of this year, I received my first e-mail communication from them in which they announced their Carnegie Hall debut at Zankel Hall, scheduled for November 13. In the relatively short newsletter, they also announced the first Sybarite5 baby (born to their bassist and his wife), a few upcoming world premiere performances, some educational workshops, and also saluted  their new friends at the Logan Series in Erie, Pennsylvania, saying: “We could not have asked for a warmer, more appreciative audience at Penn State!”  There were links to their tour schedule, their Facebook page, and their downloadable music on iTunes, cdbaby and Bandcamp. It was signed by Angela, Laura, Louis, Sami and Sarah. It was concise but personal. The next newsletter (June 12) announced a refreshing Carnegie Hall “Name that Tune” ticket giveaway contest, which was repeated in the July 13 newsletter. I include that one below because it impressed me so greatly:

Greetings from Aspen!

Dear Friends & Fans,A big hello from our summer home in Aspen, Colorado! We are here performing as the Alumni Ensemble for the Aspen Music Festival and School, and are hard at work rehearsing and recording for our new all-Radiohead album! We are always thrilled to return to Aspen, where we got our start at the Aspen Music Festival that has nurtured us for so many years.

We will be here until July 28, and then we will be heading to Albuquerque for the 3rd year performing on the Sunday Chatter series. Following that we head back east for our Canadian debut at the Tuckamore Music Festival in Newfoundland, Canada. We are excited to perform for the first time in St. John, the hometown of our violist Angela Pickett!

On the way back to NYC we perform at the Chautauqua Music Festival on August 13 and at the Steppingstone Theater in Great Neck, NY on August 19 rounding out a busy summer season. We look forward to a packed 2012-2013 season with concerts all over the country!

And, finally, this month we continue with our Carnegie Hall Name that Tune ticket giveaway contest only for our e-newlsetter fans!

Entry is simple:

  1. Watch this short video here on our YouTube page.
  2. Be the first person to post the YouTube link and the name of the song on our Facebook page SYBARITE FIVE
  3. Get a free ticket to our Carnegie debut on November 13th, 2012!!!

Keep reading our e-newsletter on the 13th of every month for the next chance to win tickets for our Carnegie Hall debut at Zankel Hall on November 13th! This will be the event of our season and we need the support of all our fans near and far. Tickets will be available for purchase on Carnegie Hall’s website on September 13.

Stay tuned for more updates on all things Sybarite!

Until August 13th,
Angela, Laura, Louis, Sami & Sarah

 
 
     

©2012 sybarite5 | 10033
 

Why did this newsletter captivate me and spur me on to find out more about Sybarite5?

a)  It was warm and friendly

b)  It expressed gratitude to the Aspen Music Festival for nurturing them for many years

c)  It shared their personal and professional excitement over their upcoming performances

d)  It reminded everyone about their Carnegie ticket giveaway contest, a great way to build anticipation

e)  It made me feel that my support was important to them

From what I have read and seen on the Internet, this dynamic string quintet brings the same imagination, energy, warmth and creativity to their concert programs. They are also exciting and highly accomplished performers. I look forward to hearing them next month and to following their very promising career. They are off to a great start!

To ask a question, please write Ask Edna.

© Edna Landau 2012

Can They Dance Away With My Copyright?

October 23rd, 2012

By Brian Taylor Goldstein, Esq.

I own the video footage of a performance by a dance company. Recently, I learned that another choreographer purchased a license from the dance company to recreate and perform the same work. However, they used a copy of my video to help in recreating the choreography. In other words, they copied the performance which was on my video, but no one asked my permission. Aren’t I entitled to a royalty or a fee? How are the choreography and the video separable?  The only way they could get the choreography was through my video.”

Copyright protects original, creative works that are fixed in some tangible medium. For example, when a playwright creates a script, he or she obtains a copyright in the play. If someone else later videotapes a performance of the play, the videographer may obtain a copyright in the video and, with it, the right to control who can make copies of the video or broadcast the video or sell the video. However, the playwright still owns all rights to the play itself. If another theater wants to produce the play, they only need to seek permission of the playwright–even if they use the video as a reference, so long as they don’t make a “physical” copy of the video itself. It’s the same with choreography. Choreographic works become protected by copyright when either the chorography is written down in choreographic notes or videotaped. However, the videotape or the choreography is a separate copyright from the choreography itself.

In your case, the fact that the other company may have used your video to “learn” and remount the choreography doesn’t mean they necessarily copied your video. You own the video footage. That’s your copyright and no one can make a physical copy of the video without your permission. However, the original dance company and/or the choreographer who created the work own the performance rights.

Of course, what I have given you is a copyright analysis. The real question I have is: what were the terms of your agreement with the dance company when you made the video? Did you even have a contract? Issues such as performance rights, licensing, and permissions—as well as many others, including credit, ownership, control, and exclusivity—are all issues that can be agreed upon in a contract. Not have a contract, and relying solely on copyright laws and statutes, is like dying without a will. If you wanted to receive a royalty every time the work was performed, you could have asked for that, just as the dance company could have asked for a royalty every time you sold or licensed a copy of the video. When it comes to avoiding miscommunications and disappointments, nothing beats a piece of paper…correction, nothing beats a piece of paper with lots of details!

_________________________________________________________________

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!

Depth Perception

October 23rd, 2012

For people who don’t happen to read the Los Angeles Times, I would suggest clicking here for an excellent article posted on October 21 by Neal Gabler. It is headlined, “Hollywood’s perception of value versus real value [my italics]: America emulates Movieland’s way of measuring the worth of things, which teaches us to place the perception of value over value itself.”

Once again Mr. Gabler, with his customary lucidity, has identified an aspect of contemporary American society that needs to be recognized for what it is, questioned and, in my opinion, resisted. The term “valuation” refers to identifying some measurable worth of a film, a director, actor or actress, and accepting that measure as intrinsic value. He writes, “Movie grosses, TV ratings, salaries, lists of the most powerful are all ways that a society sets a valuation on things.” His point is that, through the ubiquitous translation of art and artists’ worth into monetary and commercial terms, we turn the perception and economic rewards of success into our own notion of success.

Hollywood created the film “industry,” which in turn has given us stars and the star system. It has had, and continues to have, a profound influence on our way of thinking. The article’s concluding sentence sums it up: “And so here we are, many of us subscribing to the same measures of worth to which Hollywood has subscribed for years, focusing on creating the perception [again, my emphasis] of worth and leading to a society that may know the valuation of everything and the value of nothing.”

It is not an enormous leap from the collateral damage of Hollywood’s influence on a large portion of our society’s perception (or lack thereof) of “value,” to our comparatively rarified and smaller subculture of classical music. It would be hard for any of us to claim that the phenomenon described above has not significantly impacted the way “our” music, its musicians and its institutions are perceived and promoted. Just as the concentrated listening that classical music requires has been neither nurtured by the media environment nor by education, so have the visual and marketable aspects of music-making claimed increased prominence.

“Value” and “valuation” have many definitions in various disciplines; most of them primarily have to do with identifying an object’s (or a person’s) place in a monetary or commercial hierarchy. However, it seems to me that contemporary humanity commonly uses (and misuses) the words “value” and “values” for various ethical and moral concepts. In the three definitions of “valuation” in my copy of Webster’s New World Dictionary of the American Language: College Edition, only the last one mentions the word “merit;” and one has to get to the seventh of thirteen entries under “value” before any non materialistic dimension is to be found. And here it is:

“That which is desirable or worthy of esteem for its own sake; thing or quality having intrinsic worth.”

Isn’t that characterization fundamental to Western Civilization’s conception of art? And isn’t that why musicians devote their lives to playing the works of Bach and Mozart–because their music has “intrinsic worth”? Don’t the nation’s symphony orchestras exist to keep alive a wealth of music (in the non-monetary sense of the word) that has attained universal recognition, while also providing a forum for new works that will hopefully survive into the future? Are opera houses not there to preserve several discrete traditions of vocalism and theater, some of which were once as popular a form of entertainment as our cinema is today?

Assuming the answer is yes to any or all of these questions, I think it is important to keep our eyes off the bouncing ball of image and attune our ears to the music in music-making. We should take heed of the insidious effects of “valuation” within, and of, the classical arts. We should be capable of recognizing the difference between art and artifice, performance and its promotion, essence and the extraneous. The central distinction between “value” and “valuation” has been keenly scrutinized in Neal Gabler’s article. For anyone interested in the health of our classical music life, it is well worth the five minutes it will take to read and the hours required to digest.

musica reanimata; Vivaldi at the Philharmonie

October 19th, 2012

By Rebecca Schmid

Uncovering the trail of Nazis politics has nearly become a cliché in German academia and cultural life. The trend recently prompted Günter Grass, who shocked the media earlier this year with a poem in the Süddeutsche Zeitung decrying Israeli politics as a threat to world peace, that the new German philo-Semitism is really a form of anti-Semitism. That the literary figure was capable of making both these statements public illustrates how complex the issue has become. Yet beneath all the dialogue and dissertations about persecuted artists, the hardest part may be letting what remains of their work to speak for itself.

Musica reanimata, a moderated concert series founded in 1990 with the mission of reintegrating the works of persecuted composers into the canon, occupies a modest but not inconsequential part of this process. The first concert of the season on October 18, held in the small, café-like ‘music club’ of the Konzerthaus and hosted by the radio station Deutschlandfunk, was dedicated to Norbert von Hannenheim, a Transylvanian born composer who was briefly part of Arnold Schönberg’s Berlin school. He perished of heart failure in an asylum, most likely in the German capital, the year World War Two came to an end.

Hannenheim is known on the continent as the only student to have openly contradicted Schönberg during lessons, refusing to limit himself to 12-tone rows and quickly expanding his palette to 23 tones. Of the over 200 works he wrote in a relatively short period of time, 45 are known to have survived. Musicologists are left to speculate about their chronology. A collection of four songs to poetry by Rainer Maria Rilke ranged from the slow moving, tonal harmonies of the bacarolle-inspired Venedig (Venice), while Todeserfahrung (The Experience of Death) featured angst-ridden, expressionist dissonances that evoked walking out to the edge of a forest at night.

As the hosts Albert Breier and Gottfried Eberle explained in onstage conversation, Hannenheim suffered from a nervous breakdown and other mental and physical problems before most likely descending into a schizophrenic state which they attributed to Nazi politics. The uncontrolled outbursts that emerged from the abrasive yet mocking polyrhythmics of his Suite for Viola and Piano, evoking a waltz in Mahlerian fashion, or the morbid chorale in the second movement of his Sixth Piano Sonata do little to mask a deep internal conflict that would mostly likely be identified as bipolar disorder today. But Hannenheim’s political references are more than clear, such as in the puncturing chords of the Russian-inspired march in the last movement of his Third Piano Sonata.

Pianist Moritz Ernst was able to convey the music’s unpredictable range of emotion while satisfying its structural and technical demands. While he often devolved into banging the Steinway Grand, it is hard to imagine not doing so given Hannenheim’s wrenching effect. The Czech soprano Irena Troupovà struggled with the high range and tremendous breath control of his unruly melodies, sometimes falling into flat intonation, but found her stride in the orderly serial patterns of Vorgefühl, to a poem by Rilke. The violist Jean-Claude Velin engaged in lively dialogue with Ernst in the Suite for Viola and Piano, matching the pianist’s capacity for pushing himself to the edge of emotion with abrasive yet ironic textures. No amount of ink may do a story like that of Hannenheim justice, but his music is a living document of just how excruciating the time was.

The Berliners do Vivaldi

While many orchestras in the western world face a crisis of financial and artistic values, the Berlin Philharmonic stands as a model of both unbending economic success and artistic versatility. With a fully-fledged Digital Concert Hall made possible by the Deutsche Bank, an extensive educational outreach program, a new “Late Night” contemporary music program, its own magazine, collaborations with artists such as Peter Sellars, and a chamber music series, this orchestra seems to know no bounds. Last week, the Italian harpsichordist and early music conductor Andrea Marcon, making his debut at the Philharmonie, led a chamber ensemble of Philharmonic musicians alongside the RIAS Chamber Chorus and a selection of soloists in an all-Vivaldi program (seen October 12).

Vivaldi wrote over 500 concerti which were not only influential on veteran composers of the time such as Albinoni but found strong devotees in Germany, not least with J.S. Bach, who found particular inspiration in their ritornello (refrain) structure. Perhaps less known is that Vivaldi, anointed as a priest shortly before becoming violin master at the Pio Ospedale della Pietà in 1703, which provided care to abandoned young girls but also specialized in their musical training, wrote some of his most well-known works during his 37-year-old cloistered existence, including Le quattro Stagioni (The Four Seasons).

While most of his concerti are written for solo violinist, flute, oboe, bassoon, viola and recorder also emerge. Emmanuel Pahud, a principal with the Philharmonic, made a single appearance in the Concerto in G-minor “La Notte” (RV 439), in which the flute takes the reins on an insomniac landscape, launching from a dreamy Largo into a furious Presto and continuing to alternate brief slow and fast episodes. The Swiss flutist’s technical polish through rapid runs and trills proved unblemished, but he mostly left an impression with the delicacy and cantabile quality of the melodies he delivered over restrained continuo and strings. Marcon drew authentic accents and incisive playing from the ensemble.

The concert also featured two concerti commissioned under the Saxon King August the Great which assign prominence to winds; as the program notes explain, perhaps with deference to a precept of the North German flutist Johann Joachim Quantz for regular exchange between instruments. Oboist Albrecht Mayer joined solo violinist of the evening Andreas Buschatz, a back-up concert master with the Philharmonic, as well as two recorder players for the Concerto in G-minor “per Sua Altezza Reale di Sassonia” (RV 576). The stark unisono melodies and chiselled wind solos suited the players better than the opening Concerto grosso in D-Major (RV 562a), in which the lush string textures were at times a bit too headstrong. Buschatz also failed to bring sufficient expressivity to his cadenza, in which rapid, thorny harmonics emerged clearly but with a slightly squeaky quality.

Nevertheless, Marcon and the players remained a musically compelling, well-knit ensemble throughout the evening, particularly in the Concerto in F-Major RV 569, where Buschatz brought sensitive phrasing to the lamenting Grave section. The concert ended with the Gloria in D-Major (RV 589), most likely written during a short two-year period (1713-15) during which Vivaldi wrote explicitly religious music for the Pietà. Swedish soprano Lisa Larsson and Russian mezzo Marina Prudenskaja struck a fine balance in the “Laudamus te” despite a large timbral discrepancy between the two singers.

Larsson’s crystal clear voice sounded a bit too eager to convey a sense of virtue in the subsequent “Domine Deus” alongside elegant solo melodies from Mayer, while Prudenskaja warmed up for a dusky, visceral delivery of her “Miserere nobis” solo of the tenth movement. The RIAS singers maintained a quiet air of piety as they followed Marcon’s understated gestures to breathe in leisure with the chamber orchestra. Long applause followed, with bouquets for the conductor and singers which were passed around onstage in high spirits.

Next week: Andris Nelsons conducts the Berliners in a program of Britten, Debussy, Ravel and Widmann featuring Christian Tetzlaff as soloist.

Performing on the High Seas

October 18th, 2012

By: Edna Landau

To ask a question, please write Ask Edna.

When I had the pleasure of meeting with participants in the Imani Winds Chamber Music Festival last summer, I addressed a number of questions that had been submitted in advance. One question concerned playing on music cruises, and how to apply for such opportunities. I decided to defer an answer until I had time to research the topic, hence this week’s column. I have never taken a cruise so I cannot speak firsthand of the experience. However, I hope that what I have learned and the links below will prove beneficial to those interested in going this route.

There are a good number of cruise lines that employ musicians. The large majority of musicians performing on cruise ships perform in the orchestra (sometimes called the showband), accompanying non-classical acts, or in lounges. They may contact the entertainment department of the cruise line (such as Carnival or Holland America) directly, or they may choose to sign up with an agency. They will submit promotional materials and will generally also be asked to audition over the phone. The goal of such an audition is to assess both their playing and sight reading skills. They may typically be asked to perform music that they received 30 minutes earlier. Chamber ensembles, including jazz combos, will be handled a bit differently. They will usually be asked to submit a variety of promotional materials, along with a video and repertoire list.

Certain cruise lines organize specific classical music and opera cruises (which can involve concerts both on board and on land). They typically have an artistic direction department which already has an idea of who they want to book. They will then contact the artist’s agent directly. However, they do give consideration to artists who write to them. I spoke with someone at one of the most exclusive cruise lines, Hapag-Lloyd, and they suggested that interested artists fill out a form on their international website, www.hl-cruises.com. (Go to “Contact Services” and then to the “Contact Form”.) It should be noted that they are most likely to use American artists for cruises in the U.S., as opposed to European routes. Other classical music cruises are sometimes organized by a variety of arts organizations, such as the English Chamber Orchestra, the Chamber Music Society of Lincoln Center and Music@Menlo. In these cases, they are likely to invite artists with whom they are already familiar.

Showband and lounge musicians should be prepared to make an initial commitment of three to four months to the cruise line. If they enjoy the work and do well, they can explore prolonged opportunities on different ships in various parts of the world. They will be provided with accommodations and food, plus a salary. I have found the following guidelines which appear to be current: For orchestra sidemen, $1800-$2600 a month. For lounge entertainers, $2300-$3500 a month. All salaries are subject to federal taxation. It is possible that musicians may have to share a cabin. Some classical music cruises might not pay a salary or fee but will provide access to all of the ship’s facilities and may also allow for family members to come along. The ships will accommodate the artist’s need to find practice facilities and will usually allow them to sell cd’s on board. If you are someone who likes to travel, has some extra time on your hands and enjoys meeting new people, you might want to dip your toe into the water.

Here are some websites that you might find helpful in your explorations:

Agencies that provide cruise entertainers

Oceanbound Entertainment – www.oceanbound.com

Proship Entertainment – www.proship.com

Landau Music (no relation to me!) – www.landaumusic.com

General useful information on performance opportunities on cruises

http://www.musicianwages.com/how-to-get-a-cruise-ship-musician-job. The site offers general advice, as well as the opportunity to purchase online The Cruise Ship Talent Agency Directory and The Cruise Line Entertainment Directory. It also offers Chronicles of a Cruise Ship Musician: An Exhaustive Guide to Working as a Cruise Ship Musician, by Dave Hahn, and Ten Effective Strategies When Applying for Cruise Musician Jobs, by Daniel Thibault.

www.workoncruiseships.com: The Complete Resource Center for Cruise Ship Employment

www.cruisejobfinder.com

www.artistshousemusic.org/videos/jobs+for+musicians+with+carnival+cruise+lines (an informative video but somewhat outdated)

To ask a question, please write Ask Edna.

© Edna Landau 2012

Fall for Dance Festival: Recapping Program 1, 2 and 5

October 17th, 2012

By Rachel Straus

The seventh annual Fall For Dance Festival came to a meaty close on October 13.  Program five at New York’s City Center trafficked in high testosterone, thanks to China’s LPD-Laboratory Dance Project’s No Comment (2002) and Yaron Lifschitz’s Circa (2009), which is also the name of the Australian acrobatic troupe. In both works the body was treated like a battering ram.

Circa by Justin Nicholas Atmosphere Photography

In Circa, the performers used not only their fellow artists’ thighs and shoulders, but also their faces, as launching pads for balancing in midair and jettisoning across the space like Evel Knievel. In No Comment, the men continually fell to the floor, as though blown down by an invisible hammer. As a finale, they stripped to their waists to reveal their glistening muscular torsos. Like fight club winners, they took their bows. But their message—sex objects who pulverize themselves are cool—confounded me.

Visions of aggression and angst trumped visions of cooperation and kindliness in the three FFD programs of 12 dances from 12 international and national-based companies seen on September 28 and 30, and October 13. Perhaps the programming, spearheaded by artistic advisor Stanford Makishi, not only represented his personal preferences, but also reflected the times. The majority of the works were made in the past four years, and only two dated before 2002. This decade hasn’t been an easy ride; the dances reflects that.

The festival’s first program ended with Martha Graham’s Chronicle, which was made in response to rising European fascism before World War II. The first section of Graham’s 1936 work surprisingly echoed the last work in the festival: Deseo Y Conciencia (2011). In Deseo, flamenco choreographer-performer Maria Pagés donned a red costume that transformed into a shroud. Likewise, the gargantuan red underskirt worn by Blakeley White-Mcguire in Chronicle possessed the same import. Both women became symbols of mourning, evoking through their blood-red cloaks a fraught world.

Maria Pages. Photo by David Ruano

Blakeley White-McGuire. Photo by Michele Ballantini

The two most ambitious works, of the 12 viewed, were Pam Tamowitz’s Fortune (2011) and Christopher Wheeldon’s Five Movements, Three Repeats (2012). Both tendered subtlety, nuance and mystery. (Full disclosure: Fortune was choreographed on the Juilliard School dancers and I work at Juilliard.) In Fortune, Tamowitz set 21 dancers, costumed in hot pink and red unitards, against a field of greenish yellow. Here was a happy Mark Rothko painting. Though Tamowitz’s movement vocabulary is clearly inspired by Merce Cunningham’s, she doesn’t ignore the music as was Cunningham’s way. Tamowitz’s sharply sculptural patterning, full of pregnant pauses, reflected Charles Wuorinen’s stop and go Fortune (performed by a quartet Juilliard School musicians). In response to Wuorinen’s abrupt shifts in sounds, which instantly dissolve as though they never happened, Tamowitz evokes mini narratives, some absurd, others resonant of a city life, where pedestrians walk with laser-eye certainty.

Juilliard Dancers in "Fortune." Photo by Rosalie O'Connor

Also of note was Christopher Wheeldon’s Five Movements, Three Repeats, which was made for Fangi-Yi Sheu & Artists. Sheu, a former Graham dancer born and trained in Taiwan, is now based in New York. She is one of the great performers of our time. Her guests were none other than Wheeldon’s former colleagues at New York City Ballet: Tyler Angle, Craig Hall and Wendy Whelan. To a recording of Max Richter’sMEMORYHOUSE and Otis Clyde’s The Bitter Earth/On the Nature of Daylight, Wheeldon didn’t treat Sheu as some modern dance oddity among the City Ballet dancers.

At the beginning of every other section of Five Movements, Three Repeats, Sheu undulated her spine like a fern seeking light. Her pliable torso work was best picked up in Hall’s simultanesously-occurring solo that spiraled into the floor. Later on, Sheu and Hall folded their limbs into each other. Their duet featured a melding of their bodies, and organically blended central aspects of their different technical training (Sheu’s focuses on weight, Hall’s on ethereality).

Ms. Sheu and Mr. Hall. Photo by Erin Baiano

Though Sheu’s legwork is akin to the arrow-like esthetic favored by ballet choreographers, Wheeldon didn’t devolve to his usual histrionics: over-choreographing women’s leg extensions in the pas de deux. Consequently, Sheu did not become a human gumby. Instead, she partnered Hall’s weight as much as Hall partnered her’s. Wheeldon’s venture into making work for a modern-trained dancer is heartily welcome. The task seems to stretch him instead of over-stretching his female collaborators.

Tune in Tomorrow

October 17th, 2012

Dear Friends of Muncie,

If all goes well, the editorial section of Musical America Directory will close today, and I’ll be able to turn to yet another episode of “Why I Left Muncie.” Keep the faith!

SAC

Can I Get A Tax Deduction For My Professional Services??

October 17th, 2012

By Robyn Guilliams

Dear Law & Order: Performing Arts Division –

Many nonprofit arts organizations have board members or other affiliated parties who offer their services free of charge or at a reduced rate to support the organization.  Is it possible for the nonprofit organization to give a tax letter for the value of the donated services? If so, under what circumstances and how should it be handled to comply with tax rules? Examples would be a photographer who gives her services at a reduced rate or an advertising agency that offers graphic design services free of charge.

Thanks for a great question – one which causes a good deal of confusion in our industry.  The value of services donated to a nonprofit organization is NOT deductible.

However, one who donates such services may be able to deduct certain amounts that she pays for expenses incurred while donating services to the charity.  To be deductible, those amounts must be:

  • Unreimbursed;
  • Directly connected with the services donated;
  • Expenses one has only because of the services donated; and
  • Not personal, living or family expenses.

Here are a few examples of what types of expenses are – and are not – deductible:

  • You drive 15 miles each way to provide services as a volunteer to a charitable organization.  You can deduct either 1) the actual cost of the gas and oil used for that drive; or 2) fourteen cents ($0.14) per mile for the trip (the current mileage reimbursement rate for charitable deduction purposes).
  • You serve as a volunteer usher at a performing arts venue, and you must purchase a uniform for this purpose.  You can deduct the cost of buying and clearing your uniform if the uniforms are not suitable for everyday wear, and you must wear them while volunteering.
  • You pay a babysitter to watch your children while you do volunteer work for a charity.  You cannot deduct these costs, even if they are necessary for you to do work for the charity (because it is considered a family expense.)

Note that to claim any of these expense deductions, the services provided must be to a registered 501(c)(3) organization.  Also, while a written statement from the organization isn’t necessary for these expenses, it is a good idea to keep written records (and receipts, if they exist) for these expenses, and any other tax deductions you intend to take!

________________________________________________________________

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!

Political Mother: Bring Earplugs and Irony

October 13th, 2012

By Rachel Straus

Hofesh Schechter is a slippery soul. In Political Mother, seen October 11 as part of Brooklyn Academy of Music Next Wave Festival, the Israeli-born choreographer cloaks his earnestness in irony. The 80-minute, 2010 work is structured through a series of blackouts in which 12 dancers and seven musicians evoke the demagoguery in politics, and entertainment.

Photo by Juileta Cervantes

The work pivots on three visions: the rock concert, with the rapper raging into his microphone above supplicants of fans. The military-style drummers, who appear in portals like a set of Kodak negatives, and who drive the dancers into waves of hyperkinetic motion. The tribe, who perform Hasidic-like folk dances, but with an intensity that beckons questions about their sanity. Dressed like prisoners, with arms raised in their air as though they are shackled from above, they not so subtly evoke those who lived in concentration camps.

Despite these visions, what stays in the mind about Politcal Mother are the slick production values and the deafening sound of Schechter’s pounding music.

Repetition is used to drive home Schechter’s theme: whether you are in Nazi Germany, present-day Williamsburg, Brooklyn or watching a James Bond movie (Daniel Craig was in the audience), it’s all the same. Humans behave like drones, they suffer like beasts, and one man will always rise to the top in attempts to control others.

Photo by Julieta Cervantes

So where is Mother in all this antic behavior? She is folk dance. In electric-yellow lights, at the dance’s end, we read the following words, “Where there is pressure, there is folk dance.” For Schechter, folk dance appears to be the universal form of protest against oppression. It’s where Schechter’s creativity and carefully cloaked earnestness lies.

In folk dance, Schechter rejects the current state of high art, opera house dance, the codified vocabulary of ballet, which historically in Western Europe was the sanctified form of dance expression. With folk dance, Schechter taps into populism. He can skirt between visions of the rock concert, the neo-nationalist volk of Leni Riefenstahl’s films (that helped consolidate Hitler’s power), and the zealousness of far-right religious fundamentalists. What’s notable is that these adopted visions are cynical ones. But, nonetheless, with folk vocabulary—the stamping rhythms, the democracy of the circle dance, and the erasure of gender (in Schechter’s use of it)—beats the heart of this Israeli’s artistry. Like a true postmodernist, Schechter isn’t able to openly love the folk dance he loves. He’s a choreographer in a cat’s cradle.

Throughout the work, I wondered how Political Mother could possibly end. With the cast going mad, the appearance of a masked gorilla, and two murder attempts by pistol, how could Schechter up the ante? The answer: Cinema technique. Schechter hits the rewind button. In less than five minutes, he gives us snapshots of the dance from end to beginning. Consequently the work opens, and concludes, with a Samurai-like warrior committing hari-kari with a sword that pierces his belly from front to back. Too bad this beginning didn’t get more laughs. Watching one male dancer with dreadlocks grunting and groaning from his self-inflicted wound was not a catharsis. It was a cartoon. Few got it. American audiences are indeed earnest.

Photo by Julieta Cervantes

Nonetheless, neo-folk dance is the wellspring from which many great choreographers (from Leonide Massine to Pina Bausch to Alexi Ratmansky) return for material. It’s a way of bringing concert dance back to the people, back to a human body that isn’t always upright and gloriously assured. In Political Mother, Schechter is on to something. Too bad he isn’t willing to tender his dancing credo with less ironic hyperbole.

In one notable section Schechter interpolates the music of Verdi—and—he leaves the stage empty. Solemnity, he seems to be saying, doesn’t include dance movement. Solemnity is reserved for sound, and in that respect Schechter may end up devoting more of his time to musical composition than to choreography.

La Sylphide at the Slovak National Theatre

October 12th, 2012

By Rachel Straus

The Slovak National Theatre Ballet in Bratislava is not a destination point for international balletomanes, but it should be if one wants to see August Bournonville’s La Sylphide up close and personal. In the city’s neo-Renaissance theatre, the 92-year old ballet troupe performs regularly. Being there on October 6 felt like visiting the interior of a Faberge egg.

When La Sylphide‘s supernatural and realistic aspects collide, when the mime sections are as affecting as the dancing, the ballet ceases to be a historical document: i.e. the longest continuously performed Romantic ballet. It becomes a dark morality tale. In it a Scottish bloke abandons his bride at the altar for a hyper-feminine creature. He wishes to possess her; he ends up killing her. Too often the production gets mired in ballerina doll sweetness, but not in this case.

Kvetoslava Štefeková. Photo by Ctibor Bachratý

In Bratislava, the real star of the ballet was not the title character, danced by beautiful Viola Marina. It was Kvetoslava Štefeková, who performed Madge the witch. Unlike the Royal Danish Ballet’s production seen last year in New York, this version gives greater attention to the crucial role of Madge, who sets nearly every turn of the story in motion. (For a plot refresher, click here.)

Štefeková’s Madge is no arthritic hag. She’s an athletic feminist who dislikes wishy-washy men. Before she grabs the poison scarf and gives it to James (Oliver Jehelka) to give to the Sylphide, she twirls across the stage like a tornado. In the ballet’s final moments, she grabs Jehelka by his hair and violently lifts his head so that he witnesses the Sylphide’s funeral cortege. This Madge abhors James’s choice: to leave his bride Effie (Veronika Hollá) for an unearthly woman. This Madge ensures that Effie is not left alone. She literally pushes Gurn (Andrej Kremz) into proposing to the humiliated girl. The fact that Effie accepts Gurn without fuss underscores the condition of early 19thcentury women—and the no-nonsense approach of the Slovak National Ballet Theatre to accurately depict women’s lack of historical power.

While Hollá (Effie) plays the good girl and Mariner performs a Marilyn Monroe-like Sylphide, Štefeková’s Madge comes across as a modern female personality. She projects joy and rage, curiosity and condemnation. As the curtain lowers on a crumpled James (Jehelka), Stefekova raises her fists above her head. Here is a woman in bitter triumph, something rarely seen in the denouement of Romantic ballets or, for that matter, in contemporary works where the classical technique is featured.

The other notable aspect of this La Sylphide, staged by former Bournonville principal dancer Niehls Kehlet, was it’s mis-en-scène—and I don’t mean the set design. I mean the dancers’ relationship to the smallness of the stage. Compared to North American stages, this one is tiny. In this environment, every detail of the dancers’ performance is brought into relief. When Mariner (the Sylphide) bats her eyes at Jahelka (James) for the first time, I could actually see her eyelids and the gently lilt of her fingers underneath her opalescent face.  What was made clear was that this woman is as beautiful as she is practiced at tendering her feminine wiles.

Viola Mariner. Photo by Ctibor Bachratý

The Austrian-born Mariner possesses Taglioni-like arms and the neck of Anna Pavlova. Her arabesque is the best part of her dancing. As she effortlessly lifts one leg behind her, she simultaneously balances and grows beyond the shape. The effect is that of flying. And that’s the point: Sylphs can fly. But apart from Mariner’s soaring arabesque and lovely arms, she dances without enriching H.S. von Lövenskjold’s plaintive music as competently conducted by Martin Leginus. Her body doesn’t sing it as much as keep time with the tempi.

As for the Slovak National Theatre Ballet’s female corps, they were a model of synchronization—a vision of sisterly sylphdom.

Slovak National Theatre website