Dick Clark: Don’t R.I.P.

April 25th, 2012

by Sedgwick Clark

The media were consumed last week by the death at age 82 of Dick Clark (need I say, no relation?). I was never a fan of American Bandstand. I came home from school when I was a tot and twisted to Hollywood on Indianapolis TV’s late-afternoon Frances Farmer Presents instead of Chubby Checker. There, in her world-weary voice, the aging actress introduced the film of the afternoon with anecdotes about the stars. I was too young to appreciate what she had to say, but I recall that her show was interlarded with so many commercials that often I didn’t reach the denouement before my mother called me to dinner. It was many years before I learned who got the girl in Casablanca.

Anyway, while America was mourning, I had less charitable thoughts about Dick Clark. In 1972 the New York Daily News ran a short interview with him saying that classical music would die because no one wanted to listen to it. “What a moron,” I thought, and skewered the piece on the wall of my office at Philips and Mercury Records. For some reason I never forgot that little news piece. It perished in the electrical fire that ignited in the ceiling months later, a little after 6 one evening when I would have been at my desk. Fortunately, I was at dinner with Bernard Haitink that night in Boston, where he was conducting Mahler’s First—else my ashes would have forever commingled with Dick Clark’s thoughtless words.

Van Zweden’s Galvanic Mahler    

And speaking of Mahler’s First, it was the major work led by Musical America’s current Conductor of the Year, Jaap van Zweden, in his New York Philharmonic debut on April 12. Talk about intensity! I don’t recall ever seeing a more tightly wound podium demeanor. He cued every last entrance, and the New Yorkers responded with coiled-spring precision. Interpretively, the Dutch conductor fell somewhere between Bernstein’s emotionalism and Haitink’s objectivity, with dynamism in spades. You can’t lose with Mahler’s Triumphal conclusion—the horns standing suddenly to pour out their golden tone fff—and the audience went predictably wild. What was not predictable was that the orchestra stayed seated, applauding van Zweden as he came out for his first bow—a remarkable gesture of respect from these difficult-to-please musicians. He’ll be back soon, no doubt.

In the first half, he accompanied the volatile 25-year-old Chinese pianist Yuja Wang in Prokofiev’s Third Piano Concerto. She kept pushing ahead, but van Zweden and his players kept up respectably. The concluding allegro, beginning with the pizz. strings at 131, was dispatched with a breathless edge-of-seat unanimity that I’ve heard equaled only by the mercurial Martha Argerich, Charles Dutoit, and the Orchestre National de France at Avery Fisher Hall on March 18, 1994—the best performance I’ve ever heard live. Message to Yuja: A bit more poise can yield a more satisfying performance overall.

Looking forward

My week’s scheduled concerts:

4/26 Metropolitan Opera. Wagner: Das Rheingold. Fabio Luisi (cond.). Wendy Bryn Harmer, soprano; Stephanie Blythe, mezzo; Patricia Bardon, mezzo; Adam Klein, tenor; Gerhard Siegel, tenor; Bryn Terfel, baritone; Eric Owens, bass-baritone; Franz-Josef Selig, bass; Hans-Peter König, bass.

4/27 New Jersey Performing Arts Center (Newark). New Jersey Symphony/Jacques Lacombe; Gil Shaham, violin. Mozart: Masonic Funeral Music. Berg: Violin Concerto. Danielpour: Kaddish for Violin and Orchestra (world premiere). Prokofiev: Symphony No. 3.

4/28 Metropolitan Opera (broadcast). Wagner: Die Walküre. Fabio Luisi (cond.). Katarina Dalayman, soprano; Eva-Maria Westbroek, soprano; Stephanie Blythe, mezzo; Jonas Kaufmann, tenor; Bryn Terfel, baritone; Hans-Peter König, bass.

4/30 Metropolitan Opera. Wagner: Siegfried. Fabio Luisi (cond.). Katarina Dalayman, soprano; Patricia Bardon, mezzo; Jay Hunter Morris, tenor; Gerhard Siegel, tenor, Bryn Terfel, baritone; Eric Owens, bass-baritone.

5/1 Carnegie Hall. Mathias Goerne, baritone; Lief Ove Andsnes, piano. Songs by Shostakovich and Mahler.

5/2 Carnegie Hall. New York Phiharmonic/Alan Gilbert. Mahler: Symphony No. 6 (“Tragic”).

Sneaking Artists Into The US: How Lucky Do You Feel?

April 25th, 2012

By Brian Taylor Goldstein

Dear FTM Arts Law:

I represent a British group that frequently tours the US. In the past, the guys have just entered as visitors under the ESTA/Visa Waiver Scheme. So far, we have never had any problems, but I was recently told this was wrong. Is this true? Couldn’t they just say they are not performing?

This one is easy: Is this true? YES. Couldn’t they just say they are not performing? NO!

The ESTA/Visa Waiver Scheme is a program through which citizens of 36 countries (Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland and United Kingdom) can enter the US as “visitors” with only their passports. Unlike citizens from countries such as Russia, China, or Iran, citizens of one of the 36 “visa waiver” countries do not need to obtain an actual visitor visa from a US Consulate before entering the US. All they need to do is pre-register through the on-line Electronic System for Travel Authorization (“ESTA”) website. However, the ESTA/Visa Waiver Scheme only allows such citizens to enter as “visitors”, subject to all of the limitations and restrictions of a visitor visa.

If an artist from a visa waiver country wishes to perform in the US, he or she needs to obtain an actual artist visa, such as an O or a P visa. Artists from a visa waiver country who enter the US under the ESTA/Visa Waiver Scheme cannot perform, regardless of whether or not they are paid and regardless of whether or not tickets are sold. The need for an artist visa (either an O or a P) is triggered by performance, not payment.

If an artist tells a US border officer that they are not performing, when, in fact, they intend to perform, this constitutes a fraudulent entry. Fraud is always a bad thing. Fraud against the US Government is a very bad thing. While you may have not have had any problems thus far, this has been due to pure luck. I know of a group from Canada that for more than five years regularly entered the US as visitors to perform their concerts. Typically, they told the border officer they were coming to “rehearse” or “jam with friends.” However, last year, their luck ran out. A border officer on a slow day decided to Google the name of one of the musicians and discovered their website listing all of their forthcoming US engagements. The group has now been barred from performing in the US! I know of other instances where, though the artists have not been barred from future US travel, their ESTA/Visa Waiver privileges have been permanently revoked, requiring them to forever obtain visitor visas even where they legitimately wish to enter the US as visitors.  In short, your odds of continued success decrease each time your artists enter the US on the Visa Waiver Scheme with the intent to perform. As for lying to a border officer…I hear the weather in Guantanamo is quite lovely this time of year!

___________________________________________________________________

For additional information and resources on this and other legal and business issues for the performing arts, visit ftmartslaw-pc.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. FTM 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!

Artistic Freedom and Political Protest: Israel’s Batsheva Dance Company

April 24th, 2012

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

By Eve Jacobs

Batsheva Dance Company’s March 7 performance of Hora started with a bang. Lots of them—on cans, drums, and the pavement outside of BAM’s Howard Gilman Opera House. Created in 2009 by Batsheva’s artistic director Ohad Naharin, Hora included sounds and ideas beyond the choreographer’s control. Adalah-NY protestors paraded signs: “BOYCOTT ISRAEL!” “DON’T DANCE AROUND APARTEID!” The anti-Israel activists distributed mock programs that read, “Batsheva Dance Company: Cultural Ambassadors for Israel.”  The slogan refers to former Minister of Affairs Arye Mekel’s “Brand Israel,” campaign, which, according to Adalah-NY, uses art to “show Israel’s prettier face.” Adalah-NY wants Israel to be thought of in the context of war, not art.

Despite the protests and the politics, Naharin’s Hora reflects neither. Nor does it draw on the same-named Israeli folk dance—a celebratory grapevine danced at weddings. This Hora is secular. The curtain rises on men and women in black outfits that expose their limbs. An extra-terrestrial neon green set encloses them on three sides. Ten dancers sit on a bench while one female’s movement becomes beautiful in its asymmetry. Other dancers join her gradually, yet there is no distinguishable pattern, and no basis for predicting their next actions. With this improvisatory quality, unison moments come as a surprise. The experience is like listening in on a conversation of eleven people who aren’t lying to each other. Hora rambles in a good way. It is at times poignant, silly, sexual, and nebulous—because that’s how life is. Naharin presents no code to unlock and no riddle to deconstruct. He presents irony, oddity, and incongruous events, giving the audience a chance to laugh, think, track patterns, and enjoy.

During the performance of Hora, the protesters outside the theater infiltrated the intended silences of the one-hour work. Poetry was interrupted by politics. Adalah-NY wants artistic containment of Israel, and Batsheva is a perfect target because of its widespread acclaim. The protesters hope to raise human rights concerns, but Naharin and his company aren’t warmongers. They are doing some of the most interesting work in the contemporary dance scene. In addition to Batsheva’s international tours, companies such as Hubbard Street Dance Chicago and Nederlands Dans Theater perform Naharin’s repertoire. Institutions like The Juilliard School and Jacob’s Pillow Dance Festival offer classes in Gaga, Naharin’s sensation-based movement technique. Naharin’s influence on dance is immense. A group of protestors outside BAM cannot reverse that.

When you see Batsheva Dance Company, you’re supporting artistic freedom. Next time the company is in town, bypass the protestors and experience their kinesthetic wonderland.

Eve Jacobs is a second year student in The Juilliard School Dance Division.

St. Matthew leaves the Altar, takes to the Philharmonie

April 20th, 2012

By Rebecca Schmid

Peter Sellars’ semi-staging of St. Matthew Passion for the Rundfunkchor Berlin and the Berlin Philharmonic, officially called a “ritualization” on the cover of the production’s recently-released DVD, may be one of his most daring enterprises to date. Interestingly though, Bach’s Passion already has a history as a subject of both artistic reverence and unorthodox reinterpretation. When Felix Mendelssohn brought the work back into fashion upon performing it with Berlin’s Singakademie in 1829—approximately a century after St. Matthew’s Leipzig premiere—he made several cuts to the original score, excluding all solo arias but two. “To think that it had to be an actor and a Jew to bring back the greatest Christian music for the people,” he reportedly exclaimed to his actor-friend, Eduard Devrient, who helped arrange the performance.

St. Matthew is officially a sacred cantata on a libretto by Picander, who set two chapters of the Gospel of Matthew in Luther’s translation, yet its episodic nature alternating arias, recitative, chorales, and choruses has been compared to Greek tragedy. If some scholarly articles are any indication, there may also be less compelling reason to confine the work to a Protestant church than one would think. A 1985 article by Rosalie Atlhol Schellhous in Musical Quarterly argues that the Passion is rooted more in a tradition of mysticism than direct Lutheran values, designating the work as a formal meditation or “mental prayer.”

Sellars, in a bonus interview with Rundfunchor Director Simon Halsey, consciously or unconsciously segues right into this discourse by comparing Bach to a “twelve-step process” that is not just about spiritual but physical transformation. It should be “vividly experiential rather than an intellectual proposition,” he says. “We’re opening it and going inside instead of admiring it as a monument from a distance.” Paradoxically, Sellars’ visual representations only emphasize how skillfully the theatrical and spiritual elements of St. Matthew Passion are embedded in the music itself.

The members of the Rundfunkchor admirably learned their parts by heart and were encouraged by Sellars to allow their individual personalities to shine through as they pondered the weight of Bach’s music. Yet their amateurish expressions of Lebensschmerz distract from its introspective qualities. Dressed in all-black, they walk around stage in a forlorn state during the opening chorus “Komm, ihr Töchter.” At the center of the stage is a tombstone-shaped block on which the Evangelist will lie with his wrists tied in invisible rope at the end of the piece, the chorus huddled around him. I struggled not to cringe at such touch-feely gestures.

It is of course hard to judge the effect this Passion had live. The production premiered in 2010 at the Salzburg Easter Festival and subsequently the Philharmonie, where it was filmed on the Berlin Philharmonic’s own label. Sellars, as he explains to Halsey, was inspired by the “360” pentagonal shape of Hans Scharoun’s architecture and sought to absorb the audience into the event by scattering singers throughout the hall. The footage is expertly edited and covers the full range of shots from various angles, but often lingers close to the stage. As is often the case in audiovisual documents, the close-ups prove bothersome.

Sellars grants the soloists a great deal of artistic freedom, which leads to some positively operatic performances. Magdalena Kožená, incarnating Marry Magdalene, let her hands wander all over the body of the Evangelist (Mark Padmore) during the aria “Buß und Reu,” in which she sings of how sin breaks the heart in two and her desire to anoint Jesus with her tears. Her performance in the second part, in which she accosts the chorus and laments Christ’s fate to the audience, is more moving in its directness. The Swedish soprano Camilla Tilling brings a full, pleasant tone but an unusual amount of vibrato to her arias. Sellars was blessed with what must have been an unexpected naturalist touch given that she was eight-months pregnant when they shot the DVD, which makes it quite dramatic to watch Tilling sing of a traitorous child (“es ist zur Schlange worden”) in “Blüte nur, du liebes Herz.”

The male roles are inhabited even more convincingly. The smooth baritone and dramatic restraint of Christian Gerhaher in the role of Jesus convey more spiritual depth than any action onstage. Padmore lives up to his reputation as one of today’s most seasoned Evangelists, exuding modern fervor and a sense of pathos that is at times overstated but generally effective. Thomas Quasthoff is moving in the bass parts, easily expressing personal redemption in the final aria “Mach dich, mein Herze rein.” Finnish tenor Topi Lehtipuu brings a handsome presence and expressive dramaticism without chewing up the scenery. His dynamic as he kneels pleadingly before the viola da gamba soloist (Hille Perl) in the aria “Geduld, wenn mich falsche Zungen stechen” is straightforward and emotionally immediate, as is his performance alongside oboist Albrecht Mayer in “Ich will bei meinem Jesus wachen.”

Sir Simon Rattle, although less known for his forays into early music, gives an elegant, authentic account of Bach’s score with the Berlin Philharmonic. While this recording will not rival that of John Elliot Gardiner or other specialists, the transparent timbre that Rattle has (albeit controversially) cultivated as music director of his orchestra serves the Passion well. It is also impressive that he single-handedly conducts the surround-sound staging and the double-choir (which includes boy singers from the Staats- und Domchors Berlin). Sellars’ concept places the Philharmonic’s world-class soloists such as Mayer and flutist Emmanuel Pahud into the spotlight they deserve, although I enjoy their playing just as much when they are sitting down.

Maverick Wrap-Up

April 20th, 2012

by Sedgwick Clark

I didn’t react favorably to all the works in Michael Tilson Thomas’s American Mavericks series, which has consumed this blog for three weeks. But that’s not the point: This is the kind of programming that keeps our concert halls vital, and the full houses certainly bespoke wide interest, especially among younger listeners. As I write this (4/19), I look forward to a program tonight at Carnegie Hall of George Crumb’s music, courtesy of Leon Botstein and the American Symphony. Among other works, I’ll hear Crumb’s Star-Child, which I haven’t heard live since its premiere in 1977 with Boulez and the New York Philharmonic. Long may these enterprising conductors wave!

Partch, Bates, Del Tredici, Harrison (3/29)

The music of California composer Harry Partch (1901-1974) is genuinely unique, played only on instruments he himself created. My interest has been known to wander in his longer works, but his 17-minute Daphne of the Dunes (1958; rev. 1967) was an aural delight and never outstayed its welcome. I was struck by the similarity of the work’s opening rhythm to the fandango beat in Bernard Herrmann’s title music for Hitchcock’s North by Northwest (1959).

Mason Bates’s “stylistic signature,” writes Thomas May in the program notes, is “the blend of acoustic instrumentalists and/or singers with electronic sounds.” The quarter-hour Mass Transmission, for organ, electronica (the composer’s own moniker for his “palette of digital samplings and techno beats”), and chorus, was composed for this festival. It sets texts by early 20th-century Dutch parents attempting to reach their children in Java via radio and an online blog describing a woman’s impressions of Java. The 35-year-old Bates’s music sounded like ’60s MOR.

At intermission, composer David Del Tredici (b. 1937) upstaged his own music with his personal performance art involving a youngish man, chains, and a silver-spiked dog collar and leash. In his comments prior to conducting DDT’s piece, MTT with tongue in cheek called him “the most maverick composer in the room.” DDT’s 45-year-old 12-tone Syzygy for soprano and 20 instrumentalists sets poems by James Joyce—a far cry from his latter-day neo-Romantic Alice in Wonderland period. It received a committed performance from the not-always-ideally-audible soprano Kiera Duffy and MTT. A few days later, I listened to Richard Dufallo’s 1970s Columbia recording of Syzygy and found it a much more approachable, less dissonant piece. I have no idea which best represents it.

Those colorful percussion instruments had all the fun in Lou Harrison’s Organ Concerto with Percussion Orchestra (1973). I can’t imagine that Paul Jacobs, the fine soloist, enjoyed playing the 1974 Rodgers electro-acoustic organ. For all I know, its desiccated wheeze was the authentic timbre of an organ baking in Java’s salt air, but it certainly wasn’t a balm to the ears. Most interesting to me was Harrison’s borrowing of Varèse’s ambling Ionisation rhythm for the snare drums early in the concerto.

Reich, Monk, Foss, Subotnick (3/30)

Steve Reich’s Music for Pieces of Wood (1973) is one of his minimalist, all-percussion works that never fails to send an audience into ecstasy. What a great concert opener!

Meredith Monk (b. 1942) is Musical America’s Composer of the Year for 2012, but she is also a singer, keyboardist, dancer, choreographer, director, and film maker. Her Realm Variations, for several San Francisco instrumentalists and her own vocal ensemble, demonstrated that her status as a composer is no less distinguished. It was the most sheerly beautiful piece in the festival, and I look forward to a recording so I can get to know it well.

I heard Lukas Foss (1922-2009) play the piano part of his Echoi (1963) two or three times over the years, and I have his recording on Epic, but it never seemed to run as long as this performance did. He allowed for improvisation in the piece, which I presume accounts for the inflation. The program book lists 24 minutes, but these fine performers took 30:10. Too long.

It pains me to report that I found little to engage me in Jacob’s Room: Monodrama by Morton Subotnick (b. 1930), a composer whose early electronic works for Nonesuch Records I admire greatly. Jacob has undergone many incarnations, including a full-length opera, since 1985. In the new version, music and text for several characters in the opera are now given to a single voice, spoken and sung by the composer’s wife, soprano Joan La Barbara. Electronic manipulation “throws” her voice and what the program bio describes as “her unique vocabulary of experimental and extended vocal techniques—multiphonics, circular breathing, ululation, and glottal clicks” around the auditorium in a manner that I found distracting to such a serious subject, which the composer explains thusly: “The basic notion of Jacob’s Room is that holocausts are not just local catastrophes; they also gradually destroy the thin fabric we have of being human. They deprive us of the artifacts we have created and our empathy as a group. When these things fall apart, we find ourselves alone in the universe.” Simplicity was called for.

Looking forward

My week’s scheduled concerts:

4/23 Leonard Nimoy Thalia at Symphony Space. Cutting Edge Concerts/Victoria Bond, conductor and host. Theodore Wiprud: My Last Duchess (world premiere). Robert Sirota: The Clever Mistress (New York premiere). Fully staged one-act operas.

Choosing Your Opening Line

April 19th, 2012

By: Edna Landau

To ask a question, please write Ask Edna.

I recently had the pleasure of leading a Professional Skills session at The Academy – a program of Carnegie Hall, The Juilliard School and the Weill Music Institute, in partnership with the New York City Department of Education. The twenty Fellows currently participating in this excellent program represent some of today’s finest young professional musicians. In the question and answer section, violist Margaret Dyer asked: What is an attractive first sentence of a bio? Although I have written about this in an earlier column (Getting to Know You (writing a good bio),  June 2, 2011), I have chosen to address this question again, with a slightly different slant.

It is my belief that the first one or two sentences of a bio should relate information about the particular artist that is central to who they are and that is likely to make you want to continue reading. If there is merit to this statement, the following openings (taken from real artist bios but with names and instruments changed) would not qualify:

Pianist Aristo Allegro’s extensive performance schedule has taken him to the Mostly Mozart Festival, the Prague Spring Festival, the Aspen Music Festival, the Newport Music Festival, the Savannah Music Festival, the Settimane Musicale in Stresa, Italy, as well as appearances at the Ambassador in Pasadena, the Fiddle Fest, at Alice Tully Hall, the 92nd Street Y and Carnegie Hall.

In the space of a few short years, violinist Pavlina Presto has ensconced herself on the international stage, both as a recitalist, and as a guest soloist with many leading orchestras.

Sonja Sordino has established an international reputation for profound musicality and articulate virtuosity at the keyboard. In performances throughout Europe, the United States and Asia, she plays a broad repertoire in a powerful yet elegant style.

Some writers of bios like to begin chronologically. We learn when the artist was born or when they started to play their instrument. As a stand-alone piece of information, this is generally not all that interesting. If the writer of gifted 16-year-old pianist George Li’s bio had taken the chronological approach, he or she would have started out as follows: George Li gave his first public performance at Boston’s Steinway Hall at the age of ten. Instead, that information is relegated to the last paragraph and the bio begins: “Pianist George Li possesses brilliant virtuosity and interpretive depth far beyond his years. Rounding off last season playing for President Obama at a White House evening honoring Chancellor Angela Merkel of Germany, along with capturing a prestigious Gilmore Young Artist Award, George Li is well on the way to a flourishing career.” I like the fact that a news item is combined with mention of an accolade that has significant recognition and respect within the field, but I think that “last season” should be replaced with the actual year.

Although I don’t love quotes in bios, it is helpful in the case of young artists to be able to open their bios by referencing critical praise that endorses their special qualities, especially if they are not yet all that well known. Of course, the quote should come from a significant publication. Here is a good example: “Nineteen-year-old clarinetist Narek Arutyunian is a player who “reaches passionate depths with seemingly effortless technical prowess and beguiling sensitivity” (The Washington Post). It is even more effective if the quote is combined with another piece of information that helps to position the artist as someone on the rise. For example: “Elena Urioste, featured on the cover of Symphony magazine as an emerging artist to watch, has been hailed by critics and audiences alike for her lush tone, the nuanced lyricism of her playing, and her commanding stage presence. Elena’s debut performances with the Chicago Symphony Orchestra in 2010 were praised by three separate critics for their “hypnotic delicacy”, “expressive poise” and “lyrical sensitivity”. (Note that the introductory sentence sets up the little quotations nicely, and the second sentence informs the reader that she has already made a very important orchestral debut and had unanimous praise from three critics. How often does that happen?!)

Awards are also impressive credentials to include in the first sentence of a bio, provided that they are from recognized institutions and/or competitions. It is nice to find a way to frame the information in a way that reveals a quality of the performer, such as humility. The bio might start: Violinist Benjamin Beilman was deeply honored to win both the First Prize and Radio Canada’s People’s Choice Award in the 2010 Montreal International Musical Competition.

In my opinion, there is room for artists to take greater chances with the opening sentences of their bios and to entice us to get to know them. It is fine to say: Adele Andante spends many of her waking hours dedicated to the pursuit of her two passions in life: playing her cello and advocating for the preservation of our natural resources. Or: Dedicated to sharing his love of classical music with audience members who might otherwise not experience it, flutist Sean Scherzo has made the commitment to set aside one day a month each year in which he will offer free performances to schoolchildren as well as the elderly who cannot leave their senior residences. These opening sentences should certainly segue into more particular information about the artist that helps to establish their credentials and inform us of their artistic accomplishments but it is refreshing to be introduced to the person first. I would love to hear from our readers who may have encountered other opening lines of a refreshing nature.

To ask a question, please write Ask Edna.

© Edna Landau 2012

Do We Need ASCAP/BMI Licenses?

April 18th, 2012

By Brian Taylor Goldstein

Hello Law and Disorder,

We have met numerous times at conferences, (I love going to your sessions!) and you have been very helpful with questions about our presenting contracts. We also rent our facility and I now have a question about that side.  We recently received a letter from BMI stating that a few of our rental clients have not paid their licensing fees and that we are now responsible for the fees. Can they do that?  We have it stated in our rental contract that the user is responsible of ASCAP/BMI fees, is that enough to get us out of it? If BMI can hold us accountable for the artist fees how do we protect our self in the future? I appreciate your advice, thank you.

Thanks for coming to our sessions! As for your question: Yes, they can do that! As the owner/operator of a performance space/venue, it is your legal responsibility to ensure that necessary rights and authorizations have been obtained with respect to all copyrighted music which is publicly performed in your venue. (Actually, your legal responsibility is not limited to performance rights, but extends to dramatic rights as well as any other required rights and licenses which pertain to music, images, trademarks, recordings, images, or other protected rights or materials being used or performed in your space.) In other words, while there is certainly nothing wrong with requiring your “users” to be responsible for ASCAP/BMI fees, that will not relieve you from ultimate responsibility if they fail to do so. In fact, there is no contract, release, or any other document which will protect your venue from liability should one of your users fail to obtain the necessary authorization or licenses they need for their performance. However, there are several things you can do to better manage your liability and minimize your risk:

First, you’ll not only want to ensure that your contract states that the user is responsible for all licenses and authorizations, but you’ll also want your contract to state that the user will “hold harmless and indemnify” your venue if they fail to obtain the necessary licenses and authorizations. In essence, this means that the user will have to reimburse you for any costs and expenses you incur if you are required to pay for licenses, incur legal expenses, or suffer any other damages or losses because your users failed to obtain the rights and licenses they were supposed to. (They’d probably have to do that anyway, but an indemnification and hold harmless provisions makes that obligation explicit.)

Second, there are many venues which require users to produce “proof” that they have all of the required licenses prior to the first performance date as a condition of being allowed to use the space. This gives you a chance to assess whether or not the appropriate licenses have actually been obtained.

Third, you should obtain your obtain your own blanket licenses directly from ASCAP and BMI, as well as from SESAC. These three organizations issues blanket licenses directly to venues such as yours to ensure that any music from their catalogs is properly licensed for public performances. While this will require you to keep a running account of all music publicly performed at your venue as well as to incur the license costs yourself, you can pass the costs along to your users through your rental fees. Its also the best and only way to ensure that your legal responsibility as the owner/manager of the venue is being met, at least with regard to performances licenses. You’ll still need to make sure your users obtain the other right and licenses they may require for their performances.

Lastly, I would consult with other venues of similar size and nature to your own and see if they already have licensing policies and procedures that you might be able to adopt for your own use. There’s no need to reinvent the wheel where others have already rolled it up the hill—just beware of any venue that tells you either: “We just ignore all of that stuff and haven’t been caught yet!” or “Those rules don’t apply to non-profits.” Run away!

_____________________________________________________________

For additional information and resources on this and other legal and business issues for the performing arts, visit ftmartslaw-pc.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. FTM 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!

Festtage 2012 as Barenboim Fiesta

April 13th, 2012

By Rebecca Schmid

The Staatsoper’s annual spring Festtage has become an even more distinguished event now that Daniel Barenboim serves as music director to La Scala in addition to his Berlin opera house. The festival, originally launched by the maestro in 1996 with Harry Kupfer’s Ring, features coveted soloists and premiere productions, as well as correspondingly pricey tickets. The past two seasons have revolved around the first two installments of Guy Cassiers’ new staging of Wagner’s epic cycle (a co-production with La Scala).

The festival has also briefly switched its focus to Berg, with new productions of Lulu this year and a Wozzeck last season as staged by Andrea Breth. The stage director’s cuts to Lulu compelled Barenboim, conducting the opera for the first time, to commission a new third act (more here). He admitted in a press conference that if he were a few years younger he might do the whole thing again with the Paris scene which Breth decided to scratch.

This year’s iteration, which took place from March 30-April 8, also featured the Filarmonica della Scala in concert. The maestro appeared on the podium or at the piano during every evening of the festival’s nine-day run after stepping for an ailing Maurizio Pollini to accompany René Pape in recital (medical testing has since revealed that there is no cause for alarm, and the pianist is scheduled to perform his Perspectives Pollini next season).

Barenboim revisited historically significant territory by conducting Alisa Weilerstein in Elgar’s Cello Concerto with the Staatskapelle at the Philharmonie, one of few times he has performed the work since the passing of his late ex-wife, Jacqueline Du Pré. Weilerstein made her debut under Barenboim in the concerto with the Berlin Philharmonic two seasons ago after only six months’ notice, subsequently traveling with the orchestra to Oxford for a performance that was broadcast live. The visceral intuition which the 30-year-old brings to this work made itself clear as she dug into Elgar’s opening chords, later producing pianissimi that floated like mist.

The Elgar was paired with Bruckner’s Seventh Symphony, an emotionally apt choice. While Elgar was lamenting the necessity of the First World War in his last completed large-scale work, Bruckner added direct references to Wagner in his grief over the composer’s death, “to commemorate my unattainable ideal in such a bitter time of mourning,” as he wrote. Yet Barenboim did not emphasize the heavy, Wagnerian qualities of the symphony, instead allowing its endless melodies to flow in elegiac rivulets.

Barenboim returned to the Philharmonie the following evening in an all-Spanish, or Spanish-inspired, program with the Filarmonica della Scala. He opened the program performing and conducting De Falla’s dusky Noches en los jardines España from the bench. The rapid, cascading arpeggios of the opening En el Generalife testified to an unblemished virtuosity, and he could have hardly found a better match than with the woodwinds of this orchestra—the warmest, most caressing section of its kind that I have ever heard in the Philharmonie. The strings also have a gleaming tone that vividly served De Falla’s tremoli, yet the mood could have loosened in intensity and become dreamier.

Ravel’s brief but richly orchestrated Rapsodie Espagnole, which inspired De Falla’s idealized portraits of his native Spain, followed as a mirage-like vision through the flamenco rhythms of the castanets, celeste, harp, and the clean brass section of the Filarmonica. The program continued with orchestral versions of pieces from Ravel’s cycle Mirroirs. Barenboim struck an ideal balance between the majestic and the ephemeral in Pavane pour une infante défunte, its wistful melodies once again emphasizing the elegance of the orchestra’s woodwinds. A spirited Alborado del gracioso yielded to a leisurely reading of Ravel’s Boléro, in which Barenboim intermittently leaned against the podium and simply nodded his head in rhythm, but the fiesta did not end there.

As an encore, he led the orchestra through excerpts from Bizet’s Carmen Suite and, upon receiving a standing ovation (a rare event in Berlin), the opera’s overture. At this point, the maestro walked serenely offstage while the audience clapped in rhythm, only to emerge gesturing toward the upper aisles behind a double-bassist. The Filarmonica captured every nuance of Bizet’s score with infectious energy. This was also a more lively crowd than the typical Berlin gathering. The Staatsoper has estimated that one-third of the Festtage audience comes from outside Germany, and there was a conspicuous representation of well-heeled Milanese. Sitting to my left was an Israeli couple on vacation in the German capital.

Next year will be even more momentous with the bicentenaries of Wagner and Verdi in the pipeline. The Festtage 2013 includes the first full performance of Cassiers’ Ring as well as Verdi’s Requiem with the orchestra and chorus of La Scala and soloists including the celebrated Italian mezzo Daniela Barcellona, Anja Harteros, René Pape, and Fabio Sartori.

Stay tuned for a review of the Berlin Philharmonic’s new DVD of Bach’s Matthäus-Passion in a semi-staging by Peter Sellars

Cavalleria Rusticana: Easter in Rome

April 11th, 2012

“There is no disputing taste,” “fashions change,” “to each his own,” and “vive la difference.” Certain pieces come in and out of the classical music repertory, while others never get a foothold; still others seem omnipresent. Classical music institutions today have to grapple with balancing repertory over the course of years, to make sure everything that must be played is played; new music that stimulates the muse of our most creative composers is given a hearing; that neglected or unknown works from the past are heard.

I have spent the last ten days in one of the cities I love the most: Rome. I have been rehearsing and conducting the Orchestra and Chorus of the Accademia Nazionale di Santa Cecilia, one of Italy’s leading cultural institutions since its inception in 1908. I conducted three concert performances of Pietro Mascagni’s Cavalleria Rusticana (“Rustic Chivalry” is the literal translation of its ironic title), an opera that has enjoyed international success since its premiere, in Rome, in 1890. One of the world’s most popular operas (it ranks as the tenth most-performed work at the Metropolitan Opera), it is loved or scorned by musicians and music lovers; on both sides, many are vocal, few are neutral. It is performed so often that its image, as opposed to its substance, has degenerated in the eyes of many. It is a work that suffers from overexposure, under-rehearsal and performances of dubious taste. It has mostly been offered as the first half of “Cav and Pag,” a marriage that has endured, for better and for worse, since the first decade of the bride’s and groom’s appearances. Though a highly theatrical work, the music of Cavalleria stands firmly by itself, as I think was demonstrated this past week. 

One might ask why someone would want to perform this supposedly hackneyed opera for an audience that knows it so well and probably has heard it dozens of times? I have avoided conducting it for exactly thirty years (since leading a series of performances at Covent Garden) because I was not able to pull together all the elements—cast, orchestra, chorus and sufficient rehearsal time. The added prospect of collaborating with such an outstanding chorus and symphony orchestra also appealed to me. 

It turned out to be sort of a premiere. This great Italian orchestra had never played Cavalleria in public. Its last, and only, contact with the work was more than half a century ago, in 1960! That recording, conducted by Tullio Serafin, and featuring Giulietta Simionato, Mario de Monaco, and Cornell MacNeil, is now historic. But the link with the composer and the city was evident last week. Some nine thousand Romans came to hear the performances, among them Pietro Mascagni (a great-great-grandson) and Domenico Mascagni (a great-grandson of the composer). Seeing them, the distinction between past and present seemed to dissolve for a moment. 

The performances were extremely gratifying. Almost no one in the orchestra had ever played Cavalleria, but it seems to be in each musician’s DNA. That paradox produced extraordinary results. In an age of “international orchestral standards” there is still—thank goodness—a unique affinity that orchestras and choruses bring to performing music of their own cultures and in their own languages. What impressed me along with the sensitivity and depth of the playing was the power of osmosis. Given the surprising absence of performances of this work in the city of its birth, it is clear that these musicians had absorbed this work by other means from the culture into which they, and it, were born. Playing it for the first time, it sounded as if they had been doing so for decades. Conservatory education and professional experience, as essential as they are, do not tell the whole story of the formation of musical artists.

Food for thought: Two things strike me. First, on the assumption that some pieces are overplayed, they actually get ignored. I wonder, in the U.S., how much of our own music we similarly overlook. Do we need reminding that the body of classical music that is North American needs to be performed by those for whom it is an inherited style? Classical music in America is an imported art form. As we continue to develop young musicians on an ever higher technical level, it is important to recognize that, without a parallel commitment to absorbing the cultures from which the repertoire came, we will inevitably drift farther from their essences.

Second, I think it was Miles Davis who said, “It’s not the notes you play, it’s the notes you don’t play.” The resonance of the “unplayed notes” of this supposedly hackneyed opera were deeply evident in Rome last week. Mascagni’s first opera, written at the age of 24, created what was to become a new musical language, while depicting to perfection a specifically Sicilian drama. As Bizet, who had never seen Spain, intuited its essence and expressed it in Carmen, so Mascagni, who never travelled to Sicily, captured a part of its soul, and the late nineteenth century’s consciousness, in this sordid drama. The beauty and pwer of this music is still alive and well in Rome today.

American Mavericks, Part 2 (the Tax Man Cometh)

April 11th, 2012

by Sedgwick Clark

I really should be working on my taxes . . . .

Cage, Cowell, Adams, Varèse

The first concert to involve San Francisco musicians in the series, on Tuesday in Carnegie Hall, began with the most anticipated event of the series: Cage’s whimsical 1970 Song Books, with Jessye Norman, Meredith Monk, and Joan La Barbara the unlikely trio of vocalists, and Tilson Thomas miming various actions. Cage provides nearly a hundred numbers to be executed, organized by the performers. MTT chose a half-hour selection for this occasion. Frankly, the So Percussion concert LINK the previous evening provided far more fun in Dan Deacon’s less pretentious Cage knockoff, Take a Deep Breath.

Cage said that Henry Cowell, whose Synchrony (1930) followed, was “the open sesame of new music in America.” Maybe. But except for an all-Cowell concert LINK by the American Symphony under Leon Botstein at Lincoln Center two years ago, performances of his some 1,000 pieces have been few and far between since his death. For all his purported innovations–the most influential being “tone clusters,” in which the piano keys are struck with the fist or forearm–all the works I’ve heard seem to exist more as showcases for inventiveness than cogently structured music. Still, the nearly 14-minute Synchrony begins with a gorgeous three-minute trumpet solo (beautifully played by SF’s Mark Inouye) and contains lovely moments until its abrupt ending.

A lot of people I respect venerate John Adams’s music. His Absolute Jest was composed for this Mavericks tour. It’s a sweet, inoffensive piece inspired by (in the composer’s words) “the ecstatic energy of Beethoven, who was the master of taking the minimal amount of information and turning it into fantastic, expressive, and energized structures.” The problem with such an homage is, once Absolute Jest ended, all I could remember was Ludwig van’s Ninth Symphony scherzo and the opening movement of the Op. 131 string quartet. When a Stravinsky—whom Adams often evokes rhythmically—throws in a skittish reference to Rossini’s Il Barbiere di Siviglia in Jeu de cartes or an elephantine rendition of Schubert’s Marche Militaire in Circus Polka, it couldn’t be anyone but Stravinsky. The well-received performance was undoubtedly a composer’s dream.

When influences from Stravinsky’s early ballets seep into Edgard Varèse’s Amériques (ca. 1918-21; rev. 1927), one smiles knowingly but can’t possibly escape the gruff French-American composer’s path-breakingly percussive voice. Alan Gilbert and the New York Philharmonic performed Varèse’s complete works LINK on two roof-raising Lincoln Center Festival concerts two summers ago. Gilbert’s Philharmonic predecessors Pierre Boulez, Zubin Mehta, and Lorin Maazel also played Varèse’s music—Boulez most distinguished of all—but I don’t recall any Varèse at Carnegie since the stupendous Philly/Muti Arcana in 1985 and Cleveland/Dohnányi Amériques in 1989. Enter Michael Tilson Thomas and his virtuoso San Franciscans, who shook the rafters with a smashing, superbly played Amériques. Now Arcana, please?

Ruggles, Feldman, Ives Orchestrated

Tilson Thomas has been the master interpreter of Carl Ruggles’s Sun-Treader (1926-31) since performing and recording it in 1970 with the Boston Symphony. His Carnegie Hall performance at that time was the New York premiere. His complete recording of Ruggles’s music later that decade for CBS with the Buffalo Philharmonic and various soloists was recently released on CD for the first time on the Other Minds label. It only amounts to 80 minutes of music, of which the ca. 16-minute Sun-Treader is best known. At the Wednesday concert, the San Franciscans seemed a bit more refined than either of the recordings but without ever compromising this granite-hewn score. More Ruggles, Michael?

I know I should “get” Morton Feldman’s whisper-quiet notes and silences in Piano and Orchestra (1975). I read in James M. Keller’s astute notes of Feldman’s aesthetic alignment to the painters of the New York School. A friend explains how carefully the harmonics and pauses are composed, but I’m still left as cold as a white Rothko canvas. I’ll keep trying, but Feldman performances don’t come around often. There is no doubt, however, of the commitment and artistry of pianist Emanuel Ax, whose forays into 20th-century and contemporary music are admirable, the conductor, and the San Francisco musicians.

Charles Ives composed his “Concord” Sonata between 1916 and 1919; then he obsessively revised it until 1947. That’s 31 years. The even more obsessive American maverick, Henry Brant, took five years longer to orchestrate it (1958-1994), calling it A Concord Symphony. From the very opening the orchestral garb bears a strong resemblance to Sun-Treader’s dissonant palette, which makes sense because Ives and Ruggles were friends and knew each other’s music well. The San Francisco team’s recording of the Brant orchestration was released earlier in the year on the orchestra’s own (and very successful) label. Needless to say, it’s a “must” for all Ives fans—what the record companies used to call “a sonic spectacular.” But the live experience struck me as even more stunning, revealing overtones in the woodwinds, brass, percussion, and strings that perhaps only Carnegie’s fabled acoustic can offer. Ives and Ives/Brant provide a fascinating comparison, and I strongly recommend listening to the “Concord” Sonata recordings by Pierre-Laurent Aimard (Teldec) and Jeremy Denk (Think Denk Media).

Tax Deadlines Wait for No Munsonian  

Tune in next week for my pithy words on the last two Mavericks concerts.

Looking Forward

My week’s scheduled concerts:

4/12 Avery Fisher Hall. New York Philharmonic/Jaap van Zweden; Yuja Wang, piano. Prokofiev: Piano Concerto No. 3. Mahler: Symphony No. 1.