Can I Fire My Board Members?

April 11th, 2012

By Brian Taylor Goldstein

Dear Law and Disorder:

Many years ago I founded a successful non-profit dance company. Over the years, we have continued to grow by adding board members, increasing donations, and critically acclaimed performances. However, my current board has become too invasive. In the past, I have always given them reports about the upcoming season, plans, new artists, etc, and they have focused on fundraising. As the founder and artistic director, it has always been clear that I was always in charge. Now, some of the newer board members are starting to demand financial reports and budgetary control. The new board chair recently wanted to be involved in interviewing a new development director I wanted to hire! My understanding has always been that the legal role of the board was only to raise money. How do I stop this situation before it gets worse? Is this something I can address in the by-laws? Can I fire the board members? What are my legal options?

 

First, and foremost, congratulations! Clearly, under your leadership, you have created a viable and sustainable organization for which you deserve an extraordinary amount of credit. For the purposes of your question, I am going to presume your non-profit has also been approved for 501(c)(3) tax-exempt status by the IRS. This is important because not all non-profit organizations are also tax exempt. A non-profit organization, like its for-profit cousin, can organize and operate in whatever manner its founder or owners decide—subject only to whatever restrictions may be imposed by the law of the state in which it is formed. However, a non-profit which has also applied and been granted tax-exempt status under 501(c)(3) of the Internal Revenue Code must operate under very specific guidelines in order to maintain its tax-exempt status.

In applying for and receiving 501(c)(3) tax-exempt status, the founders of the non-profit are striking a grand bargain with the IRS pursuant to which, in exchange for permitting donations to the organization to be deductible and exempting the organization from having to pay taxes on its income, the founder must forfeit sole control and ownership. Like a scene from a Dickensian novel, once a non-profit organization applies for and receives 501(c)(3) status, its founder abandons the organization on the steps of society. It becomes an “orphan” whose care and welfare is left to the community. The community is represented by the board of directors, which is then charged with overseeing the management and operations of the tax-exempt non-profit to ensure that it continues to serve its mission and tax-exempt purposes. The artistic director and founder can—and, in my opinion, should—serve on the board of directors, but the organization is no longer owned by anyone. In short, it is not “your” organization. It is not anyone’s organization. It belongs to the community and, as such, the authority and control of the organization rests solely in the board of directors.

In your situation, it sounds as if your board is transitioning from a culture where you have understandably been given much deference to one where the board wants to assert more control and oversight. While I understand that this can be frustrating in many respects, it can also offer many positive opportunities for growth and sustainability. A healthy tax-exempt organization requires a constant exchange of expertise and experience between the board members, administration, and artistic leaders who must in turn balance many competing considerations in carrying out the organization’s mission: art and business; emotion and practicality; innovation and tradition. Even in a situation where an organization’s founder might be perceived as the best person to arbitrate such things, the organization’s by-laws cannot legally bestow upon any one individual—the founder, the board chairman, the artistic director—sole control and authority. Unless the board has some degree of meaningful control and oversight authority, not only does the organization risk losing its 501(c)(3) status, but also jeopardizes its relevancy and viability as a community institution. On the other hand, while the board needs to have control over major decisions—such as the hiring and firing of the artistic director or whether or not to raise funds for a new production—if the board asserts too much control, it risks losing its artistic legitimacy. The surest path to artistic disaster is to allow a board of well-meaning attorneys, business leaders, and wealthy patrons to dictate casting, programming, or other similar artistic decisions. These are extraordinarily difficult and perilous paths to navigate, to be sure, and are littered with organizations who, in either failing to address these issues correctly or ignoring them completely, have fallen into the abyss of bitter feelings, splintered boards, burned out staff, depleted endowments, and even bankruptcy.

Rather than looking for a means to assert—or maintain—absolute control, it sounds as if the time has come for you and your board to evaluate the organization’s operations and structure. Among other things, does your organization have the right balance of wealth and wisdom, both financial and artistic, on its board? Is there a plan should you, as artistic director, want to retire or take a less active role? What if an overly-aggressive board chair presents itself? How are decisions made? Now is the time to reflect not just upon your by-laws, but the policies, strategies, and procedures necessary to ensure a healthy balance that can sustain the future of the organization you have nurtured this far.

__________________________________________________________________

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!

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Posted in Arts Management, For Profits, Law and Disorder: Performing Arts Division, Non-Profits, Presenters | Comments Closed

Water works

April 6th, 2012

By James Jorden

Most arts-related technology is at least slightly Jekyll-and-Hyde in its implementation, no matter how optimistic the intentions of its creator. For an example of the phenomenon, you need look no farther thafn Robert Lepage‘s Ring, clanking its way back to the stage of the Met this week. Amazing tech, that: all those motion-controlled computer animations and theoretically an almost infinite variety of stage configurations. Of course, the down side is, it often doesn’t work, and it’s not exactly singer-friendly. Read the rest of this entry »

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Posted in Rough and Regie | Comments Closed

Opening words…

April 5th, 2012

By Rebecca Schmid

The author Karl Scheffler famously described Berlin as condemned to forever becoming but never being. When I arrived here nearly two years ago as a DAAD grantee in journalism, the city sprawled out like an unfinished collage. The Philharmonie on the gleaming, rebuilt Potsdamer Platz where I heard Daniel Barenboim perform and conduct Beethoven’s Emperor Concerto seemed a world away from the gritty Kreuzberg district across town, where musical experimentalism thrived as an end in itself: Baroque + Yoga??

The opera houses also eluded me. After sitting through a production of Offenbach’s “La Périchole” at the Komische Oper—in German and otherwise heavily edited by the director—and  a “Don Giovanni” at the Deutsche Oper that had me fuming days later, I wondered how fate had ordained me to end up in a city that considered half-naked cabaret appropriate for Mozart (I experienced my first operas in the relatively ‘conservative’ cities of New York, Zürich and Paris).

With time, the city has gained coherence, and other aspects of musical life here—the generous programming of contemporary repertoire across institutions both mainstream and alternative, the seamless integration of classical music into the urban fabric, the sheer variety of events —have proved redeeming. By force of nature I’ve also developed a better appreciation for the risk-taking in matters of Musiktheater (and seen some Wagner productions that could beat New York or Paris any day).

Berlin is, as it apparently always has been, in search of identity. It is a very exciting time to be here as the city reclaims its roots as a bastion of multi-culturalism and all things avant-garde. My blog will cover live performance; new recordings and books; as well as classical music industry news in Germany and beyond. With institutions in flux across the globe, one wonders if Scheffler’s reflection extends well beyond Berlin—we are all eager to understand what classical music is becoming. Hopefully, my posts from the German capital will serve as a useful part of that dialogue.

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Building an Ensemble Step by Step

April 5th, 2012

By: Jessica Meyer

Note from Edna: At a recent conference for career development officers (NETMCDO), I met a dynamic young woman who was invited to participate on a panel of “guest musician entrepreneurs”. Her approach to career building and  her intriguing website “Chops Beyond the Practice Room” inspired me to invite her for coffee. I discovered that violist, teaching artist, ensemble coach and workshop leader, Jessica Meyer, was a veritable superwoman and the quintessential networker. Not long after we met, I read a glowing review of her composer/performer collective, counter)induction, now in its 13th year and excited to be releasing its first cd, “Group Theory”,  on April 29. I thought that Jessica’s general career insights and specific experience in building an ensemble would be of value to our readers. It is my pleasure to welcome her as my first guest blogger.

I am very grateful to Edna for giving me the opportunity to tell the story of counter)induction and how it has attracted a growing audience and critical acclaim for its new music concerts since its inception in 1999. The successful evolution of the ensemble has depended in equal measure on hard work, persistence during difficult times, a clear sense of identity and artistic focus, tireless networking efforts, and of course, a dash of serendipity. Let’s go back to the beginning and explore the seemingly random ways in which some of our five performers and three composers came together.

I got to know composer Douglas Boyce during the few summers I spent in Aspen in the 90’s. During our last year at Juilliard, clarinetist Benjamin Fingland (now my husband) and I took day trips to Philadelphia to perform Doug’s pieces at the University of Pennsylvania. We subsequently booked a few concerts in Philadelphia, including the Fringe Festival, and additional concerts at the University where we first worked with c)i composer-member Kyle Bartlett. Also while at Juilliard, Ben and I were invited to perform undergraduate compositions at Columbia University. It was then that we met Deborah Bradley, who was interested in building up the music department as part of her new job. I contacted her several times without much luck but when she took the time to look at our website and explore what we were doing, it resulted in our first residency.

One of our first concerts in New York came about after I met composer Rika Iino at a random event. She was looking to present a multi-media opera that involved a string quartet and we signed on to the project. At that time, we were very intent on performing at Miller Theatre in New York, and inadvertently, getting to know her was a step towards making that happen. She introduced us to Bill Rhodes who was Director of Promotion at Carl Fischer publishing at the time. They were the publisher of composer Lee Hyla and Bill got us hooked on his music. Bill made the introduction to the theatre, and we wrote a proposal for their Composer Portrait series that revolved around Lee’s music. They wanted a more varied program that included some of his chamber orchestra pieces, so we took the responsibility of putting that together, even though we had to raise a fair amount of the money for the concert ourselves. This fundraising experience led us to the conclusion that we needed to get 501(c)(3) status if we were going to continue to fund and present our own concerts.

A chance cancellation at Merkin Concert Hall presented another New York concert opportunity and marked the start of a long series of (thankfully) favorable reviews from the New York Times. Our group continued to grow when our cellist, Sumire Kudo, happened to meet composer Ryan Streber at a recording session. She asked him to write a piece for her upcoming recital and later proposed that he write for counter)induction. After Douglas met composer Erich Stem of New Dynamic Records in an online social network for composers, we finally decided the time was right to apply for a Copland Recording Grant to fund our upcoming first release.

I know that reading this saga can be a bit overwhelming, but it is important to realize that significant things can happen in unpredictable ways and each can impact the other. There have certainly been some bumps along our winding road. A major funder backed out weeks before our big Miller concert, sending us into a fundraising frenzy. Major cutbacks in grant funding due to the 2008 financial meltdown kept some seasons pretty lean for a few years. Some concerts should have had bigger audiences. There were many times when we looked at each other and said, “What now? How can we get to the next level?”

Fortunately, our clear vision kept us focused. We wanted to always perform new music at the highest level and consistently create thought-provoking programs. We wanted to celebrate composers who were already in the public eye and also shed light on those who were emerging from the shadows of their early careers. We never presented concerts we couldn’t financially support and we worked hard to build our relationships with funders. We relied on each other to get the work done and to connect to like-minded colleagues and presenters to collaborate with along the way.

My advice to those who are starting out, or who are entering the next phase of their career, is to consider the following: What musically inspires you? Who shares the same passions as you do and might inspire you to play (and write) your best? Each time you meet someone new, what steps can you take to build that relationship in a meaningful way? And as you seek to expand the number of performances for your ensemble, what steps can you take to connect audiences to the music you so deeply care about?

 All of this takes a huge amount of patience, more than anything else, but it will be a great day for counter)induction when we finally tear through the shrink-wrap of our first CD, knowing that we have reached an important new milestone as a result of our collective efforts.

Note from Edna: After a week of holiday, I look forward to resuming the “Ask Edna” column on Thursday, April 19. However, please continue to send in your questions during this time!

To ask a question, please write Ask Edna.

Posted in Ask Edna, For Chamber Music Ensembles | Comments Closed

American Mavericks, Part 1

April 4th, 2012

by Sedgwick Clark

The American composer has no greater champion than Michael Tilson Thomas. For his first season as music director of the San Francisco Symphony, 1995-96, virtually every subscription program contained an American work. Heralding the 21st century, the orchestra’s 1999-2000 season concluded with a three-week American Mavericks festival. This year, to celebrate the orchestra’s centennial, Tilson Thomas revived the Mavericks concept and took it on tour, culminating in a week at Carnegie Hall. Darned if these concerts weren’t the hottest tickets in town, with hardly an empty seat in either house.

Los Angeles Times critic Mark Swed called Tilson Thomas “a fearless musical explorer” when Musical America named him Conductor of the Year in 1995. Perhaps the most notorious of his explorations remains a performance of Steve Reich’s Four Organs at a Boston Symphony concert at Carnegie Hall on January 19, 1973. This rather severe example of minimalism–in which four organs “deconstruct” a dominant eleventh chord for 20 minutes to the rhythmic underpinning of a monotonous maraca beat (Steve’s Bolero?)–provoked a mass walkout, with audience members shouting at each other and at the performers.

Tilson Thomas recalled that “One woman walked down the aisle and repeatedly banged her head on the front of the stage, wailing ‘Stop, stop, I confess.’ ” Another quote had her banging a shoe. I wonder how he could have heard her: I was sitting about a third of the way back from the stage in the left parquet section with Joan La Barbara, who performed in two of these current Maverick concerts, and can attest that after 10 minutes it was impossible to hear the music over the uproar.

But I digress. As noted in this space a couple of weeks ago, I had looked forward to these concerts ever since their announcement, and overall there were few disappointments. The four San Francisco concerts were preceded by a week of city-wide concert, dance, film, and visual arts events, performed by violinist Jennifer Koh and pianist Reiko Uchida, Alarm Will Sound/Alan Pierson, and JACK Quartet, among others.

A hugely entertaining John Cage Centennial Celebration by So Percussion and friends performing on assorted electronics at Zankel Hall (3/26) led off the first night of American Mavericks. The group writes in the program book about their concert: “John Cage believed that duration—as the only musical parameter that sound and silence have in common—was the best way to frame musical structure. It becomes like a box, or a series of compartments, into which all kinds of noisy, unusual, and beautiful things can be thrown. In this spirit, our show will be exactly 91 minutes long (4’33” multiplied by 20), a Cage-ian work unto itself.”

Seven Cage pieces (four performed simultaneously) were thus woven in with five new works by other composers to create a continuous tapestry.  The digital countdown was projected onto the stage wall so that all of the pieces and actions could be “choreographed” with precision. Isolated events dotted Zankel’s crowded stage: One man performed pushups; another who had been growing a long, black beard for over a year in anticipation of this concert cut it off. A member of So Percussion ripped through Cage’s 45’ for a Speaker (“I have nothing to say, and I am saying it”), astonishingly pronouncing the final word as the countdown reached 00:00.

Audience participation was delightfully provided by Dan Deacon in his Take a Deep Breath, which consisted of 14 instructions timed to the countdown and performed by everyone in the hall “to the utmost extreme” and “with sincerity.” Among them, hold one’s breath as long as possible and release it with “AHH” or “OHH” sounds; make non-singing, vocal, or speech sounds with your mouth, including “tongue slaps, lip smacks, pops, teeth chatter, clicks, sucking sounds, sound with the spit in your mouth, whistles, fart sounds, throat sounds, etc.”; make a series of snaps, claps, stomps, whistles, or hoots in accelerating-decelerating, crescendo-decrescendo shape; sing something to the person on your left for a minute; play any song on your cell phone at maximum volume; switch seats).

As my favorite concert companion had been scared away by my description of the evening’s projected delights, I found myself unable to respond fully to the composer’s urging, “Don’t be shy!” At some point in the work I realized that the best “performers” would be couples in love. 

NOTE: Tune in next Wednesday for Part 2, which covers the San Francisco Symphony portion of the American Mavericks festival.

Posted in Why I Left Muncie | Comments Closed

Posting Musical Performances on YouTube

April 4th, 2012

By Robyn Guilliams

Dear Law and Disorder,

What are the copyright issues in posting a performance of a piece of music on YouTube for global streaming?  And, since people can easily download YouTube content, what are the implications for the person who’s posted it, or the downloaders for that matter?

Before answering your question, I want to clarify that there are two separate copyrights in a videotape of a musical performance – the copyright in the music contained in the video, and the copyright in the video itself.  The copyright is usually owned by the creator of a work.  In the case of the musical composition, the copyright would be owned by the composer (or perhaps the composer’s publisher, if he or she has one.)  In the case of the video, the owner of the copyright would be whoever created the video (and NOT the individual performers – which is a common misconception!)

Now, on to your question…  The answer depends on who owns the copyrights to the video, and the underlying music in the video.  If you make a video of yourself performing your own music, and you post that video on YouTube, there are no copyright issues.  Because you own the music being performed, AND you own the video, you have the right to post that video on YouTube or anywhere else on the Internet.

However, the answer changes if you don’t own the music.  If the musical copyright is owned by someone else, you would need that person’s permission to perform the music (i.e., a performance license for the music), to videotape the performance (a synchronization license), AND to broadcast that video via the Internet (a performance license for the video).  Of course, it’s not necessary to have three separate documents, but you would want to be sure you have all of the permissions you need in one license!

The answer also depends on who owns the videotape of the performance.  As noted above, the owner of a video usually will be the person who creates the video.  So, if you perform your own music, but someone else records that performance, then that person will own the video, and you would need that person’s permission to post the video on YouTube.

Downloads implicate yet another potential license requirement – a distribution license!  If you don’t have a right to distribute the video – or the music contained in the video – both you and the illegal downloader could be liable to the copyright holders.

The moral here is that, before posting any audio or video recording on the Internet, be sure you have all of the necessary permissions – preferably in writing!

__________________________________________________________________________

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!

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Posted in Copyrights, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Recordings, Uncategorized | Comments Closed

Is It Dangerous to Cross Over Too Soon?

March 29th, 2012

By: Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I am a parent of a very serious pre-college classical instrumentalist who has professional aspirations. Recently, she was offered a possible opportunity to perform and record with a singer-songwriter friend who has just signed a contract with a major agency and whose eclectic work is garnering increasing attention. While my daughter is flattered and quite eager to engage with musicians working in a wide range of genres, she is concerned about accepting this opportunity when she is aware that she is not yet well known in the classical world. We know a number of artists who have “crossed over” into other genres but it was always after they had achieved substantial recognition. Do you think our concern is unfounded? We both agree that your perspective will be extremely valuable in making a decision. –DLP

Dear DLP:

Thank you for sending in such an interesting and thought-provoking question.  In thinking about it, I realized that my answer now is probably very different than it would have been ten years ago. We are living in a time when we are increasingly seeking ways to attract younger audiences to classical music. I believe that the younger audience is drawn in not only by the music but by the personality of the performer. Young people listen to many types of music and they may shy away from classical music if they feel they don’t understand it. If they happen to discover your daughter via a collaboration with a singer-songwriter and they like what they hear, it may be much more comfortable for them to explore what she sounds like playing a concerto with orchestra. The bottom line, as I see it, is the quality of any venture that an artist undertakes.  If your daughter’s friend is extremely talented and both writes and performs at a high level, I see no reason why she shouldn’t consider a collaboration with them.  My guess is that we are probably talking about one track on an album and a few performances, which are not likely to cause any confusion with regard to your daughter’s major musical focus.  I would also add that in my experience, there is an enormous amount that instrumentalists can gain from working with singers, and even dancers. Instrumentalists concentrate a lot on the notes that appear on a page. Singers do too, but by necessity, they also have to concentrate on breathing and phrasing.  Dancers are, of course, always in motion. I feel that if instrumentalists would take the time to sing or dance some of the passages they regularly play, the music would come alive in an even more meaningful way. There are also genres of music that involve substantial improvisation, which is a skill and an art that I find sorely missing from the curriculum of many conservatories.  I encourage your daughter to interact with musicians from other genres whenever possible, having fun along the way and learning from one another. I am sure that her primary area of concentration will continue to be the classical repertoire and developing her artistry to the highest level possible, but she will become a much more interesting artist and she might play a valuable role in attracting new audiences to the music she loves so much.

To ask a question, please write Ask Edna.

© Edna Landau 2012

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Posted in Ask Edna, Listening to Your Inner Voice | Comments Closed

Short Takes on a Busy Week

March 28th, 2012

by Sedgwick Clark

Three Operas

Far be it for this occasional operagoer to butt heads with Peter G. Davis in a work I barely know. “What are you doing at an Italian opera performance?” he asked me in feigned horror on opening night of the Met’s revival of Verdi’s Macbeth (3/15). “I’m here for the conducting—why else?” I replied, and was pleased to read in his Musicalamerica.com review LINK that we agreed on Gianandrea Noseda’s “maximum of lyrical intensity and dramatic energy—Verdi conducting doesn’t come much better than this.” (Why isn’t Noseda conducting regularly at the New York Philharmonic???) On the other hand, Peter also praised Adrian Noble’s “bold and fearless” 2007 updating of Shakespeare’s Scotland to “a fantasy world that suggests a period roughly around the end of World War II.” Such concepts alienate me; I believe that an intelligent audience will have no difficulty apprehending the composer’s intention in a traditional staging. Most of the time, therefore, my eyes were glommed onto the MetTitles. Thomas Hampson conveyed the weak-willed Macbeth well, if a bit reticently. Verdi said that vocal beauty was not important for Lady M, and Nadja Michael filled the bill; but she emanates sex and temperament aplenty, and I look forward to hearing her in a more refined role—say, Salome or Wozzeck’s Marie. On CD my preference remains Leinsdorf’s 1959 Met recording on RCA with Leonard Warren, Leonie Rysanek, and Carlo Bergonzi.

No problems with the next evening at the Met (3/16)—a superbly sung L’Elisir d’Amore with Juan Diego Flórez (whose shenanigans when he drank the elixir were hilarious) and Mariusz Kwiecien in hot pursuit of Diana Damrau. Peter and I were equally charmed by the 1991 production’s pastel candied sets, but this Saturday matinee is their last hurrah. Catch it if you can!

Leon Botstein may look like a mortician when he takes his bows, but he was at his salesman best in extolling the virtues of the late-Romantic Austrian composer Franz Schmidt in a pre-concert lecture. Franz Who? “He was a fabulous composer.” The occasion was LB’s American Symphony unearthing of the composer’s Notre Dame—which, presumably for marketing reasons, was called “The Hunchback of Notre Dame” in the advertisements—at Carnegie Hall (3/18). “This is a terrific opera. . . . The music is spectacular. . . . It deserves a production.” To an audience member who asked why he was drawn to forgotten music, he said, wryly, “I like slow starters and also-rans. I hate prodigies and competition winners.” This was the personal Botstein we wish for on the podium, and darned if the opera didn’t deserve it. While I can’t agree that Notre Dame is “the equal of any opera on the stage today,” its Wagner-Bruckner-Strauss-Mahler harmonic impasto is a consistent pleasure to hear (“lovely” was the word most bandied around at intermission), and of course it has a compelling story. Let me add my vote to the reviews of Leslie Kandell in Musicalamerica.com LINK and Vivien Schweitzer in the Times that it does deserve a production and Botstein is the man to do it. His conducting and the orchestra’s playing had passion, commitment, and precision, and the singers were uniformly capable, with the leads more so: bass Burak Bilgili as Quasimodo, soprano Lori Guilbeau as Esmeralda, and baritone Stephen Powell as the Archdeacon. The Collegiate Chorale Singers were fine, although it would be nice if they could stand up in unison at curtain time.

Paganini Caprices Humanized

The prospect of hearing all 24 of Paganini’s devilishly difficult Caprices in a single evening, rat-a-tat-tat, seemed rather a chore on the face of it. But Chicago violinist Rachel Barton Pine invested the music with warmth and ease, without stinting an iota on the composer’s fabled virtuosity. Moreover, at suitable intervals she interspersed engaging, often witty comments about the works and the composer that kept the evening moving agreeably. For an encore she performed her own Introduction and Variations on “God Defend New Zealand.” The nearly full house at Rockefeller University’s acoustically attractive Caspary Auditorium (3/21), on the far easterly reaches of Manhattan, caused one to wonder why this talented artist—praised by Harris Goldsmith as a notable up and comer in the 2004 Musical America Directory—isn’t heard regularly at Carnegie Hall or Lincoln Center? Listen to her new Çedille CD “Capricho Latino” and see if you agree.

Murray Perahia, an “Old Master” at His Best

Few are the artists who can lure me back from the country prematurely to hear a Sunday afternoon concert of standards. Murray Perahia is one. Where many attend concerts to hear cherished artists, I’ve always been a repertoire man. My favorites mostly reside in the 20th century. But someone has to carry on tradition, and for my money no one can touch Perahia, as exemplified on Sunday afternoon at Avery Fisher Hall (3/25) in works by Bach, Beethoven, Brahms, Schubert, and Chopin. Moreover, I much prefer solo piano in Fisher over Carnegie’s wetter acoustic, and at this concert Perahia’s American Steinway glowed with the tonal beauty and digital dexterity of the old masters at their best.

A Master Clarinetist at 27

Remember the name: Moran Katz. She’s terrific—a young Israeli clarinetist hailed by Harris Goldsmith in the 2011 Musical America Directory. He wrote of her “magnificent color, agility, and breath control” being “magically persuasive in the early Romantics,” and also of her devotion to contemporary music—all of which she demonstrated vividly in John Adams’s clarinet concerto, Gnarly Buttons, at Zankel Hall soon after the Perahia recital. It’s one of Adams’s most attractive works, witty, virtuosic, but also verging on profundity in the final movement, which Katz rendered movingly. There’s star quality here, waiting for the right management.

The admirable Ensemble ACJW, directed on this occasion by David Robertson, also impressed in Ligeti’s Chamber Concerto for 13 Instruments.

Looking Forward

My week’s scheduled concerts:

3/28 Carnegie Hall. San Francisco Symphony/Michael Tilson Thomas; Emanuel Ax, piano. Ruggles: Sun-Treader. Feldman: Piano and Orchestra. Ives: A Concord Symphony (orch. Brant).

3/29 Zankel Hall. Members of the San Francisco Symphony/Michael Tilson Thomas; Kiera Duffy, soprano; Paul Jacobs, organ; Mason Bates, electronics; Newband; Young People’s Chorus of New York City. Partch: Daphne of the Dunes. Mason Bates: Mass Transmission. Harrison: Concerto for Organ and Percussion Orchestra. Del Tredici: Syzygy.

3/30 Zankel Hall. Members of the San Francisco Symphony/Michael Tilson Thomas, host; Jeffrey Milarsky, conductor; Meredith Monk & Vocal Ensemble; Joan La Barbara, vocalist; Jeremy Denk, piano. Monk: Realm Variations. Reich: Music for Pieces of Wood. Foss: Echoi. Subotnick: Jacob’s Room: Monodrama.

4/2 Leonard Nimoy Thalia at Symphony Space. Cutting Edge Concerts/Victoria Bond, host. Danjam Orchestra, with Peter McNeely, piano; Rufus Müller, tenor; Jenny Lin, piano. Paul Barnes, piano. Daniel Jamieson: Phantasm; A Desperate Act. Jim McNeely: Tod und Feuer; Der Seiltänzer. Victoria Bond: Leopold Bloom’s Homecoming. N. Lincoln Hanks: Monstre Sacré.

4/3 Alice Tully Hall. Juilliard Orchestra/Esa-Pekka Salonen. Sibelius: Pohjola’s Daughter. Beethoven: Symphony No. 7.

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Posted in Why I Left Muncie | Comments Closed

Can My Artist Perform In The US As A Visitor?

March 28th, 2012

By Brian Taylor Goldstein

Dear Brian,

I wanted to ask your advice about the visa needs of one of my artists. The artist is going to the USA twice this year to work. The first time will be to conduct a youth orchestra in rehearsals and a concert. The contract for this engagement is between the orchestra and my agency (based in London) and my agency will be receiving the fee. Therefore, I think I’m right in saying that the Artist will definitely need an O1 visa. (Their lawyer says that the Artist does not need a visa, but I think they are wrong.) The second engagement is slightly different, in that the artist is going to a school, but simply to do a series of talks and group discussions, not to conduct any public performance of any kind. It is almost certain that he is not receiving a fee for this, but his flights will be reimbursed by them. Having said this, if the school books his flights for him, then there may be no exchange of money at all. Will he need a full-blown visa for this engagement, as well? If not, what does he need? Many thanks in advance for your help.

Thanks for giving me this chance to address a common misunderstanding: many people believe—incorrectly—that if an artist is not paid in the US or if he or she is paid through an agent or a corporation, then no visa is required. Nothing can be further from the truth. A proper work visa (usually either an O or P visa) is required anytime a foreign artist “performs” in the United States—regardless of how they are paid or how much they are paid or where they are paid or who receives payment or even if they perform for free before an appreciative audience of starving orphans and poor widows! What triggers the need for a work visa is neither payment nor an exchange of money, but, rather, “performance.” Except for a few narrowly defined exceptions—including auditions and competitions—a foreign artist can never legally perform in the United States on a visitor visa (or, if applicable, by entering under the visa waiver program). Any time a foreign artist performs in the United States, a work visa is required.

So, with regard to your Artist’s engagement with the youth orchestra, you are absolutely correct! Your artist will definitely need an O-1 visa. Please refer what I suspect is the orchestra’s well-meaning, but ill-informed, board member to www.artistsfromabroad.org. And do not succumb to the pressure of being assured that their organization has never had to obtain visas for other foreign artists, has never been caught, everyone else does this, etc. etc. Make no mistake. Its not the orchestra taking the risk here—its your artist! If your artist is caught, the worst that happens to the orchestra is a quick search for a replacement, or, at worst, a cancelled concert. For your artist, he could be subject to future travel restrictions and bans that could ruin his future opportunities in the United States.

This is not to say that payment is never relevant, merely that it is not the deciding factor. The first step in any analysis of this nature is not payment, but performance. If the artist is not performing, then the second question is whether or not any fees are being paid. Which brings me to the question of your artist’s engagement at the school. You write that he is being engaged “… simply to do a series of talks and group discussions, not to conduct any public performance of any kind.” Excellent. That means he is not “performing”, thus, unless he is receiving a fee, a work visa will not be required. See how this works? Reimbursement for actual costs or even having actual costs covered is not the same thing as receiving a fee. If he were receiving an honorarium or a “flat fee” which he could apply towards his costs, as opposed to actual reimbursement, that would be a different matter indeed, but that does not appear to be the case here. As a result, your artist will not need an O-1 for the school engagement, but could enter either on a visitor visa or, if applicable, under the visa-waiver program. Nevertheless, if the two engagements at issue are reasonably close together, I would strongly advise you to obtain a single O-1 visa with sufficient classification to cover both engagements. Not only would this alleviate any guesswork, but it would remove the risk of adverse questions from a poorly-trained border troll (ie: US immigration officer at the port of entry) and you would only need to file a single petition to cover both engagements.

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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.

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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!

 

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

Exceeding the Limit on the Freeway

March 22nd, 2012

By: Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I have been working for the past five years as an assistant in the admissions office of an American conservatory. I would like to embark on a new direction – perhaps artist management or artistic administration at an orchestra. I know some people to whom I feel I can turn for advice but I’m not sure whether I should be offering to pay them or whether this is the sort of thing that people do for free. Can you please let me know how I should approach this and what one can expect from them? —R.S.

Dear R.S.:

Thank you for writing in with this excellent question. Happily, the world of the performing arts is a very nurturing one. Individuals who are in established positions are happy to share their expertise and insight with young people who are still building their careers. They probably benefited themselves from such input when they started out and this is one way for them to give back. They do not expect to be paid for their time, which typically will not exceed an hour. Nevertheless, one should not take this largesse for granted and there are certain guidelines that you might want to keep in mind:

1)    When you approach someone for this purpose, it is advisable to indicate as concisely as possible why you have approached them and to express your gratitude in advance for their consideration of your request, in light of their very busy schedule.

2)    It is best to avoid making an open-ended request. Be specific about the information you are seeking. For example, it is ok to ask someone if they think you are suited for a particular position but it may not be ok if you ask them to review your resume and tell you the kinds of jobs for which they think you might be qualified. It might be more suitable to address that to a paid consultant.

3)    Avoid putting time pressure on the person you are approaching. Try to make your request sufficiently in advance of the date by which you need the information. This is even more critical if you are asking for a letter of recommendation. If your need is sudden and unexpected, express your understanding that it may not be possible for them to respond in such short order.

4)    In general, if you are asking someone to share their expertise and they are not a family friend, colleague, former teacher, director of the alumni office of a school you attended, or someone with whom you have regular give and take with regard to sharing information, it is advisable to offer to pay that person for their time. Let them decide whether to offer their counsel for free.

5)    If someone has given you free advice in the past, perhaps as part of a mentoring program at a trade conference, do not assume that they will continue to advise you going forward. If they promised to follow up on some things, they will undoubtedly be true to their word, but do not expect or request any further action on their part without offering to pay them. For example, if they have agreed to let you use their name in expressing support for a project you are undertaking, that should not send a signal to you that they are happy to assist with your pitch letter or marketing materials unless they specifically indicated that in advance. Here, too, there are consultants who can provide such services.

6)    If someone agrees to give you free advice over a cup of coffee, try to grab the bill before they do. If they insist on paying, it’s OK to let them pay. A handwritten thank you note following the meeting is always welcome. If they happen to mention something that is important to them during the course of the meeting, with which you are in a position to assist, surprise them by following up on it. They may not have time to look for the perfect yoga teacher but if you know someone really good who is located near their home or office, send them the contact information. They will surely be impressed with your thoughtfulness.

To ask a question, please write Ask Edna.

© Edna Landau 2012

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Posted in Ask Edna, Career Etiquette | Comments Closed

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