In Bayreuth, Persisting with the New

August 31st, 2012

By Rebecca Schmid

„Kinder, schaff Neues,“ (Children, create something new) Wagner wrote in an adage frequently quoted by stage directors in Germany. In Bayreuth, 136 years after the founding of his festival, the spirit is alive and well. Provocatively-minded Regietheater, for lack of a better blanket term, has come to stamp the recently installed administration on the Green Hill, which despite widespread criticism to the contrary sees itself as simply carrying on a long-standing tradition. “The artistic point of view is not much different,” said Co-Intendant Katharina Wagner in interview with reference to the previous administration under her father, Wolfgang. “It´s the continuity of the festival and just trying to get interesting interpretations here. That´s also what our father did and tried to do. But of course if you see the Chéreau Ring now, it´s not as strong as it was, and that´s the point.” She went on to compare its power to that of last year´s new Tannhäuser in a contemporary context.

Sebastian Baumgarten´s staging certainly reaffirms the notion of Bayreuth as a Werkstatt, a place where new ideas can be test-driven to give operatic works fresh relevance. The stage director attempts to transcend the dichotomy between the divine Venusberg and the mortal realm of the Wartburg by confining the action to an industrial plant that is meant to represent a self-contained community founded on ecological awareness, indirectly echoing Wagner´s Artwork of the Future in which he envisioned a society liberated from capitalist values where the Gesamtkunstwerk could thrive. Probing as the concept may be, it has no direct connection to the opera at hand, nor does an installation by Dutch artist Josep van Lieshout that doubles as a set design have any aesthetic or philosophical value. In what may be intended as a humoristic touch, alcohol abounds but is recycled daily in an “Alkoholator,” while a biogas tank will ultimately become Elisabeth´s death chamber (something which did not go down well in the German press last year given the notorious sensitivity to such direct World War Two references). A pregnant Venus cavorts freely onstage, at one point dancing with Wolfram von Eschenbach, after her mountain—caged in metal bars—descends into the basement. The audience members sitting on the sides of the stage in Brechtian fashion did little to compensate for the lack of dramaturgical arc.

Program notes by Edward. A Bortnichak argue that Baumgarten integrates Wagner´s “criticism of the natural sciences, technology and medical research of the 19th century,” an over-intellectualized idea which, even if it made itself at all apparent, would do nothing to tell the story of Tannhäuser´s renunciation of the pleasures of the flesh for redemptive love in Elisabeth. The production effectively creates total ambiguity when the goddess gives birth to what is presumably the title character´s baby at the end of the opera. Sperm-like amoebas also crawl around intermittently, but most tasteless is video art by Christopher Kondek. The x-rayed vision of a man drinking milk (oh, right! Venus is pregnant) nearly ruined Wagner´s sublime ouverture, performed exquisitely under the baton of Christian Thielemann. This year´s audience may be lucky that the production has caused such a scandal. Thomas Hengelbrock refused to conduct this season after complaining that he had to constantly rehearse with a different set of orchestra players, and word has it that the cast is a notch up from the premiere.

I have never heard a German opera in which diction was so clear throughout. Torsten Kerl maintains a healthy voice despite having sung all of Wagner´s roles for tenor and consistently demonstrated clear dramatic purpose. Camilla Nylund was a lovely Elisabeth, with a creamy tone whose occasionally squally high notes were easily forgiven. Michelle Breedt was a rich voiced Venus, and the Hungarian baritone Michael Nagy demonstrated impeccable dynamic shading in the role of Wolfram von Eschenbach. Günther Groissböck brought a powerful bass to the role of Hermann, the Thuringian Landgrave. The remainder of the supporting cast and choruses left little to be desired. If only the staging hadn´t reprocessed the archetypal underpinnings of Wagner´s opera to such crass effect.

Christian Marthaler´s Tristan und Isolde, a 2009 production, represents a more understated approach that nevertheless falls just as flat. Any eroticism is stripped bare, much in keeping with drab sets by Anna Viebrock that appear to reference a 1920s luxury ship. This year´s revival, presided over by German director Anna-Sophie Mahler (rumor has it that Marthaler refused to return because of limited rehearsal time), apparently added a bit more physical contact between the ill-fated couple, but the love potion still seemed to have more of a disenchanting than aphrodisiac effect. The duet “O Sinke Liebe Nacht” featured Tristan and Isolde sitting side by side like retirees in front of a television. Fluorescent lighting is assigned special prominence to illuminate the night and day theme so central to the clandestine romance, yet it hardly took on enough symbolic meaning to animate the action. Marthaler saves some interesting moments for the last act when Kurnewal waves his arms as if trying to swim out of the nothingness, and all the characters except for the dying couple end up facing the walls of the ship´s barracks. Isolde covers herself with a sheet on the same bed where Tristan lay dying from Melot´s wound, a demystifying touch.

If it weren´t for conducting by Wagner veteran Peter Schneider, returning to the festival for the twentieth time, one might have secretly wished for the production to have ended sooner. Schneider´s taut, restrained reading was much in keeping with the vision onstage despite his swift pace. The level of technical perfection and power he cultivated from the orchestra often put the singers to shame, with a transcendent Liebestod that compensated for the magic lacking onstage. To be sure, uninspired as Marthaler´s production is, a more polished cast might have better risen above the odds. In this case, Robert Dean Smith was staid and underpowered as Tristan, while Irène Theorin—one of today´s best Wagnerian sopranos—was not in her best voice, nor did she make the text understandable. She still produced some touching piannissimi in the final scene and ripped through the score´s charged moments. Breedt did not disappoint as Brangäne, Isolde´s maid, but it was Jukka Rasilainen who commanded consistent attention with his smooth bass in the role of Kurwenal, Tristan´s servant. Kwangchul Youn was a powerful King Mark, and Ralf Lukas a vengeful Melot.

The finest production this season is hands down Stefan Herheim´s Parsifal, the only opera on the roster commissioned by Wolfgang Wagner. Herheim´s breathtaking allegorical vision begins at the Villa Wahnfried in the 1880s and ends at parliament in the Federal Republic of Bonn a century later. The story integrates elements from a medieval saga by Wolfram von Eschenbach that served as a source for Wagner´s libretto, inserting a silent actress as Parsifal´s mother, Herzeleide. Most likely with reference to Cosima Wagner, she lies in bed at the center of the Villa´s living room, copulating with her son in dream-like visions (namely when Amfortas holds up a glowing grail) and giving birth to a baby which then appears to be circumcised. Such moments were perplexing and somewhat gratuitous, but Herheim´s keen attention to the dramatic structure of Wagner´s score and the impeccable handwork of his team (sets by Heike Scheele and costumes by Gesine Völlm) redeems even what bordered on the offensive. The walls of Wahnfried were recreated verbatim yet haunted in a surrealist vision of black-winged beings and Parsifal as a young boy, only morphing slightly with hospital beds and mirrored walls for Klingsor´s magic castle, a brothel for the wounded.

Herheim is mostly a genius of subversion, effectively sublimating Christian and inherently anti-Semitic references into a commentary on German politics, such as when a chorus of World War One soldiers passes around bread in the Knight´s chorus, “Nehmet vom Brod/wandelt es kühn,” of the first act or when Amfortas, his head still crowned in thorns, takes the podium in the final tableau and utters “Wehe” to a room of bureaucrats while Kundry and Gurnemanz stand outside a proscenium reproducing the pillars lining the stage of the Festspielhaus—a re-consecration of the stage. Despite the politicization of the opera, a film interlude imitating the credits of the black and white era (video by Momme Hinrichs and Torge Moller) asks audience members to refrain from political debate, quoting the Wolfgang and Wieland Wagner adage “Hier gilt`s der Kunst” (Art reigns here)—a value which helped restore the festival to family hands following the American occupation. This will be the last revival of the 2008 production, but much like Chéreau´s Ring, one imagines that subsequent directors will have a very hard time overcoming its legacy—although Jonathan Meese is likely to stir up his own (succéss de) scandale with his 2016 rendition of Parsifal.

Musically, Herheim had a solid cast with Burkhard Fritz as Parsifal, whose reliable Heldentenor and portly presence were well suited to the role within this artistic vision. The dramatic demands were even higher on Susan Maclean as Kundry as she magically changed forms, and although her voice revealed some strain, her keen expressive powers served to pull off the role effectively. Kwangchul Youn was the vocal stand-out of the evening as the veteran knight Gurmemanz, anchoring the production with his mellifluous bass, while the vocal weaknesses of Detlef Roth only made him a more vulnerable, pious Amfortas. Thomas Jesatko brought crisp singing to the role of the magician Klingsor, promiscuously appearing in pantyhose and a tuxedo shirt, and Diogenes Randes rounded out the cast well as Titurel. The Swiss conductor Philippe Jordan, in his Bayreuth premiere, lived up to the family name (his father, Armin, being a well-known champion of the opera at hand) with an account of Wagner´s score as elegant and sensuous as one might dream, transparent, mysterious, and enchanting. Orchestra playing like this deserves a staging as aesthetically ravishing and intellectually challenging as Herheim´s, reminding us that the creation of something new is not enough: great art has always had the power to move not only its contemporaries but generations centuries later.

Vivat Boulez

August 29th, 2012

by Sedgwick Clark

It’s not often that one can gratefully quote British musical mudslinger (or “gadfly,” depending upon your point of view) Norman Lebrecht. But his report on Sunday (8/26, Arts Journal) that Pierre Boulez had begun rehearsals in Lucerne months after “an eye operation that went wrong” was the best news I’ve heard all year. Boulez had cancelled concerts in Chicago and Cleveland last season due to failing eyesight, and fear among friends and followers was that he would never conduct again because of his invariable use of a score. (He told me in an interview that he never fails to learn new insights from the score during performance.) Lebrecht publishes a photo of the French maestro congratulating Franz Welser-Möst after a Cleveland Orchestra concert in Lucerne on Sunday, commenting that “he looked tanned, relaxed, happy, and far younger than his 87 years.” Vivat!

A Reader Responds

I often wonder, especially when faced by a deadline, who reads this stuff? Snail mail resoundingly replied on Tuesday (8/28) with a new CD from ECM’s Tina Pelikan, who had read my favorable review last week of Louis Langrée’s Mostly Mozart performances of Lutosławski’s Musique funèbre and Bartók’s Third Piano Concerto. She kindly sent me Dennis Russell Davies’s Stuttgart Chamber Orchestra recordings of the Lutosławski work and Bartók’s Romanian Folk Dances, Divertimento, and Seven Songs, featuring the Hungarian Radio Children’s Choir in the songs (ECM 2169). Davies’s softer textures contrast markedly with Langrée’s slashing attacks; in fact, with the Frenchman’s interpretation so vividly in mind, I barely recognized Luti’s Funeral Music. There being no such thing as a “definitive” performance, I’m happy to have heard both.

Non-Profit and Tax-exempt: What’s In a Name?

August 29th, 2012

By Robyn Guilliams

What is the difference between a “non-profit” organization and a “tax-exempt” organization?  I hear these terms used interchangeably – do they mean the same thing?

Great question!  These terms do not mean the same thing.  All tax-exempt organizations are non-profits; however, not all non-profits are tax exempt.

When an organization wishes to be classified as “non-profit”, it must register with a state – usually the state in which it operates.  Every state has different classifications for non-profit organizations.  For instance, New York and some other states have a type of business classified as a “Not-For-Profit Corporation.”  Other states have corporations that are classified as “Non Stock Corporations.”  What all of these corporations have in common is that they do not have any owner, and the business of the organization is run by a board of directors.

Once an organization formally registers as a non-profit company with the state, the organization can request federal tax-exempt status with the Internal Revenue Service.  If granted tax-exempt status by the IRS, an organization will not have to pay federal taxes on its income (provided that income is related to the organization’s “charitable mission”), and donations made to the organization generally will be tax deductible for the donor.

States often have additional requirements for organizations to qualify for tax-exempt status.  Some states will grant tax-exempt status automatically to organizations that have been granted federal tax-exempt status, while others require the organization to complete a separate request.

Some businesses elect to become non-profits without also being tax exempt. They do so for many strategic, marketing, and organizational reasons. However, the important take-away here is that not all non-profits are tax exempt. A tax exempt non-profit is subject to far greater government oversight and operational restrictions than a regular non-profit. Unless a non-profit organization is granted tax exempt status by the IRS, that organization is subject to the same tax and filing obligations as any other business!

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For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

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!

Impressions from the Green Hill: Tattoos, Rats and Embryos

August 24th, 2012

By Rebecca Schmid

The Bayreuth Festival has had its share of scandal to contend with as Wagner’s bicentenary approaches next season. An international investigation into exclusive ticketing practices; the publicized struggle to find the director for a new Ring cycle; administrative policies that have reportedly shortened rehearsal time; widely reviled productions; and—most recently—the last-minute withdrawal of Russian baritone Evgeny Nikitin from the title role in a new production of Der Fliegende Holländer due to an alleged swastika tattoo have marred the regime of Katharina Wagner and her half-sister Eva Pasquier-Wagner, who took the reins from their father Wolfgang in 2008. It will be a test next year when Frank Castorf, intendant of the Berliner Volksbühne and a notorious enfant terrible on the German theatre scene, stages his tetralogy, which he has revealed will center upon the “race for oil” as a turning stage revolves between a post-modern socialist vision of East Berlin and Wall Street on the other—an allegorical concept that is eerily reiminscent of Patrice Chéreau´s seminal 1976 production, commissioned by Wolfgang for the centenary of the cycle´s first performance in Bayreuth.

This season´s new Flying Dutchman, much like the protagonist himself, struggles to find redemption as it sails on into the final weeks of the festival. Jan Philipp Gloger, in his third opera staging, has opted for a capitalist critique that posits Daland and his sailors as Wall Street manipulators, while the Dutchman appears with his scalp branded by some kind of technological degeneration. Senta is a lowly factory worker, packaging fans until she takes a can of red paint and devises a sculptural cardboard podium on which to greet her sailor. She even holds a torch alluding to the Status of Liberty, as if we didn´t understand the references to consumerist culture. Instead of jumping overboard, she stabs herself in the final scene, and the Dutchman bleeds as she releases from the curse of eternal wandering. Mass production continues after their death as the factory churns out blinking sculptures of the couple in their final embrace—a hyperbolic, hokey, if sardonically amusing, final touch.

While Gloger generally does not stray from Wagner´s libretto, he fails to give his social commentary depth and coherence. Sets by Christof Hetzer start off promisingly, with a sleek black motherboard of sorts that flashes with stock market numbers and lights up in time with the music, but the cardboard play world of Senta and the Dutchman looks amateurish at best. Most disappointing was the lack of compelling inter-personal dynamics onstage: the romance between the two main characters was as two-dimensional and alienating as the set itself. Costumes by Karin Jud were underinspiring with the exception of the unidentifiable skin disease on the heads of the Dutchman and his crew which left viewers racking their brains to no avail.

A musically indomitable Dutchman might have saved the evening, but Samuel Youn—who stepped in last-minute to replace Nikitin—was vocally bland. Adrianne Pieczonka brought a lush, expressive voice to the role of Senta, and yet she suffered from occasional intonation problems and a slightly steely edge to her booming climaxes. Franz-Josef Selig sang the role of Daland handsomely despite a slightly husky quality, blessed with clear diction. Michael König was an appropriately menacing Erik as he struggle to pin down Senta, while Christa Mayer did not leave a strong dramatic impression as Mary, Senta´s nurse. In the role of the Steersman, Benjamin Bruns´ ringing tenor opened the opera on a pleasant note. The most redeeming aspect of the evening came from the pit as Christian Thielemann conducted the festival orchestra in a sleek, streamlined reading that was well-matched to the more elegant moments of Gloger´s production, driving the sailor´s choruses at a swift pace while allowing for expansive exchanges between Senta and the Dutchman.

Hans Neuenfels´ Lohengrin has further confirmed the German stage director as a master of controversy, inspiring a passage in Woody Allen´s last film, To Rome with Love, while perplexing critics. The notion of the Brabantians as a pack of slowly mutating rats may sound more far-fetched than it appears within the larger context of the opera, although the staging is full of tasteless gestures—namely presenting Gottfried, Elsa´s abducted brother, as an embryo who tosses pieces of his umbilical cord when Lohengrin departs. Yet the swan knight is not just pureness and virtue. He is also a skilled manipulator, and the laboratory-like setting of Neuenfels´ production (sets and costumes by Reinhard von der Thannen) is as comical—and inane—as it is thought-provoking. One could do without the kitschy video art by Björn Verloh, cartoons which only over-saturate an already visually dense production. The only slightly meaningful moment occurred in the image of a rat skeleton running as smaller rodents fell off its ribs during the famous line “Für deutsche Land, das deutsche Schwert” (for the German land, the German sword), although the willingness of these creatures to abide by deceptively God-given precepts was more than clear at this point. The rat-tailed flower maidens in the wedding scene may not deserve profound reflection, but they were certainly amusing in a self-conscious manner that was severely lacking in Gloger´s Dutchman.

Musings on Regietheater aside, the revival of Neuenfels´ 2010 production mostly profited from having Klaus Florian Vogt in the title role. The seduction is immediate when the German tenor, who also saved Kaspar Holten´s recently unveiled Lohengrin at the Deutsche Oper, utters the opening line, “Nun sei bedankt, mein lieber Schwan” (Now you can express gratitude, my dear swan). The voice is at once angelic and virile, pleading yet authoritative. He was unfortunately not well matched by Annette Dasch, charming but underpowered in this Wagnerian role. Something of a star in Germany, the soprano nevertheless received thunderous applause. Thomas Mayer and Susan Maclean were well cast as the sinister couple Friedrich von Telramund and Ortrud, and Wilhelm Schwinghammer brought a powerful bass to the role of King Heinrich. Youn fared better as the King´s Herald than as the Dutchman the night before. Shimmering tremolo and sumptuous harmonies emerged with grace and passion under the baton of Andris Nelsons despite some minute technical imperfections, confirming Bayreuth´s tradition of superior musical standards despite a recent tendency toward wayward stagings.

Stay tuned for more on Parsifal, Tannhäuser and Tristan…

Mostly Mozart’s Genial Firebrand

August 22nd, 2012

by Sedgwick Clark

I ran into Mostly Mozart’s music director, Louis Langrée, prior to Yannick Nézet-Séguin’s concert that I reviewed last week, and told him how much I was looking forward to hearing the Lutosławski and Bartók works he was conducting a week later. His eyes widened and he smiled broadly, saying how much he loved their music. New Yorkers are used to this genial maestro’s elegant performances of baroque and classical repertoire, but now I suspect that Langrée’s restrictive MM connection has caused us to lose out on a more well-rounded musician than we realized.

The conductor’s demonic fervor in Lutosławski’s Bartók-flavored Musique funèbre (1958) was palpable. No less so was the surprisingly rich tone that he drew from the MM Festival Orchestra strings – no non-vibrato nonsense here! Equally stirring was Bartók’s Piano Concerto No. 3 (1945), with Jean-Efflam Bavouzet in the solo seat. The Third was once thought inferior to the composer’s more aggressive First and Second; program annotator Paul Schiavo’s descriptive weasel words are “user-friendly,” placed in quotes so we won’t accuse him personally of condescension. True, Bartók was dying of leukemia and tailored the concerto for his wife to play when he was gone. But its standing in the composer’s oeuvre is no less distinguished than the first two: It’s just different.

György Kroó, in his insightful A Guide to Bartók, refers to the “free, airy atmosphere of morning” in the concerto and “the chattering chirping birds, meadows and fields seen in the bright spring sunlight” – a change from the characteristically Bartókian “night music” slow movements of many earlier works. Kroó draws an analogy “to the work of the greatest of geniuses, the graceful lightness of the work composed by Mozart on his death-bed.” Continuing his Mozart analogy, he compares the finales of both Mozart’s and Bartók’s final piano concertos: “Both works seem to dance and soar in a strange state of euphoria towards eternity. . . .” 

The Bartók certainly did under Bavouzet and Langrée, zipping along joyously with breathless delight – certainly more vivace than the last two performances I’ve heard in concert, by the mummified Radu Lupu and anemic András Schiff, and equaling my favorite recording, by Julius Katchen and István Kertész. Only the cackling woodwinds seemed underplayed. The composer did not live to orchestrate the last 17 bars of the Third, leaving the task to his student, Tibor Serly. Perhaps for this reason, Langrée felt free to add a bass drum to the final chord, à la Ravel’s Piano Concerto in G. Very effective.

Following intermission, the maestro turned in an impeccable Mozart 39th. Makes me look forward to the coming season.

Can I Cancel If They Perform In My Backyard?

August 22nd, 2012

By Brian Taylor Goldstein

Dear Law & Disorder:

After we booked an artist, the artist’s agent booked them to perform two weeks later at another venue 25 miles away from us. It’s a smaller venue that charges less for tickets than we do. This will impact our sales. Can we cancel? I was told that exclusivity was industry standard.

Was there a booking contract? What did it say? If the contract provided your venue with a period of exclusivity or restrictions on when and where the artist could perform before or after your engagement, then the artist might be in breach of the contract. (Remember, unless the agent is acting as a producer, your contract is between you and the artist.) On the other hand, if there was no booking agreement or if the booking agreement didn’t provide you with any period of exclusivity or restrictions, then you probably would not have the right to cancel. If you fail to negotiate something (a commission rate, cancellation terms, licensing rights, etc.) “industry standard” will not provide the missing terms. Unvoiced assumptions and expectations do not become contractual arguments. To the contrary, if you fail to negotiate something, the missing terms remain missing and unenforceable.

I’ve said it before, but it always bears repeating: there is no such thing as “industry standard”—least of all in the performing arts industry. In this case, in my personal opinion, I would certainly consider it unprofessional for either an artist or an agent to intentionally book an engagement that directly competes with an already booked engagement, and I suspect I am not alone in that perspective. However, I also suspect it would be far from easy to obtain a consensus as to whether or not a smaller venue 25 miles away necessarily constitutes a “competing venue.” Regardless, contractual terms are not written by majority opinion. Neither “common industry practice” nor my own personal opinions rise to the level of contractual obligations. Without a contractual requirement specifically prohibiting the artist from performing within two weeks at another venue 25 miles away from you, you would be the one in breach of the contract should you decide to cancel for that reason alone. It would also be equally inappropriate for you to coerce or otherwise suggest that the artist breach his or her contract with the other venue in order to accommodate your concerns.

My advice would be for all parties concerned to consider an appropriate adjustment of some kind. Perhaps there is still time for one of the dates to be moved, or there can be a reduced engagement fee, or even a joint marketing strategy. Assuming that this was an unanticipated outcome by all of the parties, the primary objective at this point needs to be to preserve the relationships between the parties and find a way for both engagements at both venues to continue as planned.

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For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

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!

Rediscovered Voices in the Studio: ‘Es geht wohl anders’ and ‘Czech Flute Music’

August 19th, 2012

by Rebecca Schmid

The historical forces that decide which composers enter the canon often seem beyond our control. Why Brahms should become hackneyed while chamber music enthusiasts are not familiar with the name Martinu continues to frustrate musicians and critics alike, and yet a refreshing trend seems to be emerging. As Anne Midgette writes this week in The Washington Post,  lesser known composers have been proliferating in studios in recent years, although she points out that this hasn’t had much of an effect on the adventurousness of programming in American symphonic life. Germany doesn’t have that problem—the Berlin Philharmonic programmed a subscription concert of Lachenmann alongside Bruckner last season, just to name an example—but orchestras of course have another set of social issues to deal with in the concert hall (a performance of Strauss’s 1943 Festmusik der Stadt Wien raising some eyebrows two seasons ago).

As Europe attempts to reinvent itself as a border-free continent of tolerance and democracy, the twentieth century’s unknowns—namely the exiles of World War Two—are increasingly being accorded special attention. One of the recent projects that came into my hands is the series ExilArte  that the Austrian label Gramola has dedicated to the works of exiled Jewish-Austrian composers. “The so-called ‘annexation’ (der Anschluss) of Austria by Germany in 1938 robbed many people of human rights through systematic threats and displacement,” states the project’s website. “The cultural barbarism of the National Socialists silenced creative achievements for decades.” Egon Wellesz, Hans Gál, Ernst Toch, Ralph Benatzky, Emmerich Kálmán, Walter Jurmann, and Fritz Kreisler are among the “ostracized composers” represented.

The selection serves as a reminder that serialism and other avant-garde developments only constitute part of recent musical history. Es geht wohl anders is dedicated to the songs of Walter Arlen, who integrates expressionism and popular influence to satisfying effect. Arlen, who fled to Chicago at age 19 with five dollars in his pocket, “meek, cowed, insecure, my father in a concentration camp, my mother in a state of nervous collapse,” is consciously impervious to external constructs, letting each song follow his personal reaction to the poetry at hand. In his cycle The Song of Songs (1952, recomposed 1994), “As an Apple Tree” creates the slightly inebriated sensation of having just fallen in love, while “Upon My Bed by Night” used jagged textures to paint the dark tableau of a restless soul, only to semi-quote the melody of the first song in the final utterance of the piano.

Arlen’s setting of Five Sonnets to Orpheus by Rainer Maria Rilke, translated into English, reveals a deep introspection in connection with the poetry, often indulging in painterly effects such as when the willows sway in “Does he Belong here?” or when the chill of winter arrives in “Be in Advance of all parting.” The title song, “Es geht wohl anders,” is set to poetry by Joseph von Eichendorff, a neighbour of the Arlen family in Vienna. The inextricable intermingling of resignation and hope is a fitting sentiment: when the composer wrote the song in 1938, his father was already imprisoned and his mother under suicide watch. The most tortured music emerges in Czeslaw Milosz’s cycle The Poet in Exile. While harmonic colors sometimes verge on the muddy, Arlen maintains steady attention to word painting, drawing the listener into the vicissitudes of his emotional world. The double-disc further includes settings Shakespeare, Frost, and other lesser-known poets. Performances are divided between American soprano Rebecca Nelsen and German baritone Christian Immler, who both impress with clear diction and convincing emotional investment, yet Nelsen’s lush timbre and ability to balance technical control with abandon in the music are most affecting. Danny Driver provides precise, charged accompaniment, always well-calibrated with the singers.

Czech Flute Music
The overshadowed voices of the former Austro-Empire are also the subject of Czech Flute Music, the latest album of Philadelphia Orchestra Principal Flutist Jeffrey Khaner. The album features sonatas by Erwin Schulhoff, Jindrich Feld and Bohuslav Martinu as well as a Dvorák Sonatina that was originally written for violin but transcribed for both flute and viola following the work’s popularity. Schulhoff, who perished in a Bavarian concentration camp in 1942, represents the kind of musical eclecticism that, as Alex Ross writes in The Rest of Noise, was “effectively wiped out” between the wars. The composer synthesized the influences of everyone from Dvorak and Scriabin to the Second Viennese School, from the Dadaist painter George Grosz to jazz. This unself-conscious spirit of adventure also reveals itself in the other composers represented on the album, leaving the listener full of visions of how this music might have developed had twentieth-century politics taken a different turn.

Khaner and his accompanist Charles Abramovic perform exquisitely on all tracks, yet the Schulhoff leaves an indelible mark on the listener. According to liner notes by Malcolm MacDonald, the composer was at the height of his fame when he composed the sonata in 1927—a year before Erich Kleiber conducted his First Symphony in Berlin. Khaner takes a swift tempo in the opening Allegro moderato that gives the swirling melodic figures and vibrant rhythms just the right playfulness. This is music that never grows wearing, exulting in free lyricism with shades of polytonality that tease the ear. Khaner’s impeccable breath control in the elegaic line of the Aria movement ironically calls to mind an ‘endless melody,’ although the composer restores a sense of dance-like movement in the closing Rondo. The outer movements of the following sonata by Feld, written for the flutist Jean-Pierre Rampal in 1954, take this colourful, restless character a step further while revealing a taste for neo-classicism.

Martinu may be more of a household name than Schulhoff or Feld, but given the volume of chamber music he left behind, it is surprising that he is just starting to receive more attention in the western world. The rhythmic variety and structural freedom he takes in his Sonata No.1, written on Cape Cod in 1945, is fresh but soothing. As the flute chirps and muses with the piano as its anchor, Khaner and Abramovic move between the adamant and the serene with ease. Dvorak´s Sonatina in G evokes his American exile even more directly with references to Native American Indian and Negro spirituals, as the program notes explain, but clings to classical formulas that Martinu chose to overturn. The work provides a comforting familiarity but is also cast in a new light within the context of the album; the sighing melody of the Larghetto is tinged with an almost prophetic sadness before yielding to the folk-like Molto Vivace.

‘Czech Flute Music´ is currently available for purchase on Avie Records.

Yannick, the (Almost) Philadelphian

August 15th, 2012

by Sedgwick Clark

At Mostly Mozart on August 3, Yannick Nézet-Séguin’s largely direct, unfussy, and vigorous music-making was quite satisfying both on its own and as an augury of his future leadership of the embattled Philadelphia Orchestra. I’ve heard that curious Philly audiences have flocked to his appearances since he became music director-designate, and it was clear that this MM audience was energized by his leadership of Beethoven’s Second Symphony and Haydn’s “Nelson” Mass (a.k.a. “Mass in Time of War”). I had only heard him conduct previously twice, at the Met, in a Carmen whose frenzied Prelude alienated me instantly and a thankfully more judiciously paced Faust. But I wanted to hear him in concert, where I feel more at home.

Apart from the Mostly Mozart Orchestra’s whiny, vibrato-less string playing and slight relaxation for the Scherzo’s trio, I found the Beethoven exemplary, with the timpanist’s use of hard sticks impelling the music dynamically forward. The Haydn Mass, too, benefitted from fleet tempos and fine playing and singing. Yannick (pronounced “Yan-NEEK”), as I’m told he likes to be called, conveniently avoiding American mangling of his hyphenated French-Canadian surname, seems to thrive in vocal works, and for his first New York appearance with the Philadelphians, at Carnegie on October 23, he will lead Verdi’s Requiem.

While I suspend further judgment until we’re served with more rearguard Romantic rep—the orchestra’s beloved Tchaikovsky, Brahms, Rachmaninoff, etc.—this choice is infinitely more appropriate for this orchestra than the wayward Christoph Eschenbach. But one fact is undoubted: This great orchestra, which has just emerged from bankruptcy, stands at the top of its form thanks to its inherent esprit de corps and its interim leader of four years, Charles Dutoit. He knew how to get the best from these superb musicians, and in another month the ball will be in Yannick’s court.

The 30% Withholding Tax Isn’t Just For Performers!

August 15th, 2012

By Robyn Guilliams

Dear Law & Disorder Team –

We run an international competition that takes place in a different country every two years and each time we have to learn new lessons around taxation. What is the Withholding Tax situation around jury services or the teaching of master classes for non-US resident jury members? Are they also subject to the 30% Nonresident Alien (NRA) Withholding Tax or not?

As anyone in the U.S. who does business internationally will discover, dealing with tax withholding and other tax laws in foreign countries can be a drag, to say the least.  Every country has its own rules and procedures, and it’s often difficult to figure out those rules ahead of time, especially if you don’t speak the language.  I feel your pain!

As for the U.S. requirements for NRA tax withholding, the general rule is that any time a payment is made to a nonresident individual or business for services provided in the U.S., the 30% NRA withholding rule applies (i.e., you must withhold 30% of the gross payment toward the NRA’s possible tax liability.)  This rule applies not only to performers, but to ANYONE performing services in the U.S. – including those serving on competition juries and teaching master classes.

There may be an exemption from U.S. tax and withholding for a nonresident, however, if the nonresident meets certain requirements.  Generally, those requirements are as follows:

  • There must be a tax treaty between the U.S. and the nonresident’s country of residence (NOT their country of citizenship):
  • There must be a provision in that particular treaty that would exempt the nonresident from tax in the U.S.; and
  • The nonresident individual or business must have a U.S. tax identification number, and complete the appropriate form to claim the treaty exemption, and exempt themselves from withholding.

Whether or not a nonresident qualifies for a treaty exemption is very fact-specific.  And it’s important to be aware that each treaty is different!  Just because the U.S. tax treaty with France might exempt a French individual from tax for performing as a juror at a U.S. competition under certain circumstances doesn’t mean that the U.S. treaty with the U.K. would provide the identical exemption.

Fortunately, the IRS publishes a guide to understanding tax treaties, which goes by the catchy title of “Publication 901 – U.S. Tax Treaties.”  (You can download this publication here: http://www.irs.gov/pub/irs-pdf/p901.pdf.)  Table 2, which begins on page 39 of the current version of Pub. 901, includes a summary of the rules that apply to nonresident individuals who are performing services in the U.S., country by country.  When using this Table, be sure to review all of the information relevant to a particular country, including the footnotes!  (It’s all relevant to whether or not a withholding exemption applies.)

Finally, remember that a nonresident individual wishing to claim an exemption from withholding MUST have either a Social Security Number (SSN) or a U.S. Individual Tax Identification Number (ITIN) to do so.

And, as always, if you have any questions about visas or taxes for nonresidents working in the U.S., be sure to check out the Artists from Abroad website (www.artistsfromabroad.org) which has all of the information you could ever need on these topics!

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For additional information and resources on this and other legal and business issues for the performing arts, visit ggartslaw.com

To ask your own question, write to lawanddisorder@musicalamerica.org.

All questions on any topic related to legal and business issues will be welcome. However, please post only general questions or hypotheticals. GG Arts Law reserves the right to alter, edit or, amend questions to focus on specific issues or to avoid names, circumstances, or any information that could be used to identify or embarrass a specific individual or organization. All questions will be posted anonymously.

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THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

The purpose of this blog is to provide general advice and guidance, not legal advice. Please consult with an attorney familiar with your specific circumstances, facts, challenges, medications, psychiatric disorders, past-lives, karmic debt, and anything else that may impact your situation before drawing any conclusions, deciding upon a course of action, sending a nasty email, filing a lawsuit, or doing anything rash!

AfricaViews, Part 2

August 8th, 2012

by Sedgwick Clark

By popular demand, I offer another baker’s dozen of Africa photos to tide over a humid summer. Our last two weeks of May were in South Africa’s fall season—very dry, with Kruger National Park’s brown grass sparsely green only near the river. The jungle foliage may have desiccated, but the bare bush gave us a better view of animals that, even then, blended into the background to an uncanny degree. In the morning the temps were around 40° Fahrenheit, and we dressed in five layers and bundled under blankets as the Land Rover whisked us to the bush to observe the changing of the wildlife guard. By 9 a.m. several layers had been shed, and at midday it was nearly 80°. Our late-afternoon return to the bush required that we dress in retrograde. The unexpected benefit of the season was that bugs were near nonexistent. Usually a magnet for their stingers, I didn’t get a single bite.

Photos: Sedge and Peggy Kane.

Once again, thanks to Stephanie Challener for her assistance in posting these photos.

Sunrise. The terrain is dotted with dead trees, stark and dramatic in the African sky. Peggy and our intrepid travel companions, Peter Clark and Jonathan Rosenbloom, would sigh in feigned frustration at my continued requests to stop the truck for a photo, but even Peter began snapping them after a while.

Our first day on safari began uneventfully. And then, as we turned a corner, there was a giraffe staring at us interlopers. We stopped. He stared. And when we stayed still he lumbered past us impatiently.

Look at those teeth! I was perfectly happy to let the camera do the close-up for this shot of a baboon demanding space for his family.

The most curvaceous horns in the jungle belong to the nyala antelope.

Talk about self confidence. This momma leopard allowed us to invade her territory without a flicker of concern. Of course she was well acquainted with the Land Rover and the respect of its inhabitants, but a foolish visitor might still be tempted to interpret her relaxed aplomb as an invitation. Not a good idea!

Mother elephant and child lunching in the bush. We were close up in this photo, but in many we took from afar we could barely distinguish the animals from their surroundings.

Who-o-o-o.

Tracking a leopard at night. We were on our way back to Lion Sands when, like a flash, a bush buck dashed across the road from the left, pursued immediately by a young leopard. We could hear a skirmish, but the buck got away and the leopard returned to the road, where our tracker pinpointed the cat in the spotlight. Our ever-competitive driver, Kyle, followed him into the bush, and we bumped and jostled in pursuit around the pitch black environs for nearly half an hour before returning to the camp.

Don’t tread on me. One of the Big 5 (a category of mammals most desired by hunters, including the lion, leopard, elephant, and rhino), the African buffalo is a very aggressive and dangerous animal, not to be messed with.

Not one of the Big 5 is the hippopotamus, perhaps due to its ungainly weight. This smiling hippo appears far happier in the cool water than did his grumpy, out-of-water sibling in last week’s photos.

A mountain goat oversees the perimeter at a goat cheese farm.

Only photos from the air could possibly capture the awesome immensity of Victoria Falls’ Seven Wonders of the World status. My photos were too close: It looked like merely another water fall. But Peter took a shot from the back yard of the Victoria Falls Hotel, where we stayed, and the cloud-like mist billowing in the distance suggests the falls’ wide-range power. Photo: Peter Clark.

It used to be thought that African elephants could not be trained. In fact, reported Robert Osborne last week when TCM showed all the Weissmuller-O’Sullivan Tarzan films in one day, MGM used the more docile Indian elephants, which have smaller ears, and attached fake, large ears to them! But the Elephant Back Safari program gives the lie to that old canard, for here’s Coco, with genuine ears flared, as Sedge and Peggy make friends with her before riding her. If you care to see us in Coco’s saddle, check out the photo in my May 30 blog, “Bwana Clark.”