The Female Balanchine Body

January 21st, 2013

By Rachel Straus

Last week at The Juilliard School, my dance history students and I were looking at the Slaughter on Tenth Avenue number by Balanchine from the 1939 film “On Your Toes.” Our subject for the day was Balanchine in Hollywood. After watching the back-bending, jazz-inflected, bravura performance of Vera Zorina in “Slaughter,” I asked the students a question: Does a particular image come to mind when you think of a female Balanchine dancer? Surely, I thought Zorina fits the bill: she had legs for days, a short torso, and was slim as a cigarette. To my question, the students answered with similar descriptions about the Balanchine female body. Yet one female student raised her hand and protested:

“What about Sara Mearns? And Ashley Bouder, and Teresa Reichlen?” said Amelia Sturt-Dilley. “They have very different body types, and they are stars!”

Indeed, Amelia was right. Today’s New York City Ballet’s principal dancers don’t come in one shape and size (they rarely did). This fact was driven home during the New York City Ballet triple-bill performance at the former New York State Theater on January 19. Sara Mearns, Ashley Bouder, and Teresa Reichlen graced the stage in an all-Balanchine evening, which is part of the company’s ambitious “Tchaikovsky Celebration.”

Mearns and Bouder performed in Balanchine’s “Serenade” (1935). Bouder’s ability to dance a hair’s breath ahead of the beat, with dynamo power, couldn’t be achieved without her muscular, compact physique. This ballerina picks the notes with her pointes. Her dare devil personality comes to the fore in her petite allegro. If Bouder weren’t a ballerina, she might have made a great racecar driver. Her hairpin turns look effortless.

Mearns, in contrast, is a lyrical dancer. In the second movement of “Serenade,” she slowly lowered her out-stretched hand to her forehead. The gesture resembled an anointment: The ritual transformation of a woman into a dancing muse. When Mearns flourished her arms in a circle, as she came out of a turn, audience members in my vicinity sighed with delight. Mearns’ arm appeared to push the string section to a higher octave with her raised arms. Music made visible, yes. That’s Mearns. She also dances with her whole body. It is a body that is as voluptuous as her dancing. Mearns has breasts and thighs. Isadora Duncan would have trumpeted her physique. Legions of New York City Ballet regulars regularly do so, thus establishing a new paradigm for the female ballet dancing body.

As for Teresa Reichlen, her performance in “Tchaikovsky Piano Concerto No. 2” (1941), was equally inspiring. Reichlen’s height enhances her ability to embody the ballerina assoluta, a role that pays homage to the late 19th century Russian Imperial ballet dancers. Reichlen commanded attention through her virtuoso phrase work and calm demeanor. Her long torso gives her dancing a hyper-attenuated quality. Yet the speed of her footwork puts her in a unique category. Like a great jazz dancer, she can cut sharp and wax lyrical. When she ran from one upper corner of the stage to another, her diagonal crossings suggested a narrative. It looked as she was searching for the entry point into Tchaikovsky’s next movement, whose concerto is renowned for its emotional-shifting grandeur.

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This three-part bill, which includes “Mozartiana,” will be performed again on February 26 at 2 p.m.

The New York City Ballet Tchaikovsky Celebration runs from January 15-27 and from February 13-24

For more information:

www.nycballet.com

Ultraschall as pan-New Music Haven

January 20th, 2013

By Rebecca Schmid

Berlin may be the capital residence for young composers today, and no other time of year makes this more apparent than the Ultraschall Festival for New Music. They gathered in strong numbers during freezing temperatures for a concert on January 19 at the Haus des Rundfunks, where Brad Lubman led the Deutsches Symphonie-Orchester in works by Johannes Maria Staud, Michael Jarell, Chaya Chernowin and Georg Friedrich Haas—only the last of whom was not present because he is moving to New York. The concert was moderated by Co-Intendant Magarete Zander, a broadcaster with Kulturradio RBB which co-hosts with the festival with the former West Berlin station Deutschlandradiokultur.

Staud, a young Austrian composer and former student of Jarell whose commissions include works for both the Berlin and Vienna Philharmonic, mentioned in onstage discussion how unusual it was to be programmed back-to-back with one’s teacher. His work Contrebande (On Comparative Meterology II), which premiered with the Cleveland Orchestra in 2010, reveals the influence of Jarell in its non-conformist language and ability to narrate through intricate orchestration. Staud takes the listener’s hand through this approximately 18-minute series of miniatures based on excerpts from a Der andere Herbst by the Polish-Jewish writer Bruno Schulz, exploiting the full orchestra with melodies that are tossed organically between sections and textures from piano clusters to hollow blows that do not exist for their own sake but to build an inner drama.

Jarell, when asked about mentoring his students, said that a composer has no choice but to be an honest with himself—a precept that is more obvious in theory than practice. The Swiss native’s Sillages—Congruences II for flute, oboe and clarinet and orchestra (2005), originally conceived for flutist Emmanuel Pahud, clarinettist Paul Meyer and oboist François Leleux, undertakes a sonic exploration of rippling water that draws inspiration from the artist Alberto Giacometti. With this in mind, the first section of the approximately 26-minute work moves mystically through space like the sculptor’s signature figures that stretch their bodies inexorably toward heaven. The trio, performed by ensemble recherche, twitters above an atmospheric orchestra, breaking still surfaces. The second part recalls Jarell’s Flute Concerto for Pahud in its frenzied dialogue, creating tremendous tension that is resolved in the leading winds.

Chernowin’s The Quiet (2010) similarly moves from whispering, creaking and muted percussion that evoke the beginning of a snowstorm until the bassoons and double bassoons break through the surface and usher in an ominous swarm of musical ideas—an avalanche turned upside down, in the composer’s words. The most haunting work of the evening was Haas’ …sodaß ich’s hernach mit einem Blick gleichsam wie ein schönes Bild…im Geist übersehe for chamber string ensemble (1990/91), inspired by a W.A. Mozart letter about the act of transforming an idea into a finished work. Fragments from the Sonata for Violin and Piano in B-Major (KV 454) emerge like ghosts out of an extended stretch of subdued squeals, pizzicato, and col legno strokes before receding again into emptiness. One could almost see the glow of the melodies as they unfurled—so fleeting that one could not catch them—before the strings resumed their relentless search.

Lubman, asked by Zander if one could find such a program in the U.S., could only laugh. “In the U.S.?” he asked rhetorically, explaining that smaller ensembles dominate the scene. A concert of purely contemporary orchestra music was a non-existent breed, he said, praising Germany for the value it places on culture. Of course, the history is not so simple. The Deutsches Symphonie-Orchester, founded in 1946 by Radio in the American Sector (RIAS), is one of several broadcast orchestras erected under American reconstruction after World War Two. The many composers who flock over the pond are, depending on one’s view, returning to their roots.

As it happens, Ultraschall’s official motto this year is to celebrate the exchange of ideas between France and Germany, once warring nations who signed the Elysée Treaty fifty years ago this month. The narrative of ‘internationality’ having come to dominate many artists’ identities, the theme can be stretched to showcase a wide range of composers—which is exactly what the festival does best. I just wonder how the Geneva-born Jarell fits into the spectrum of Franco-Allemand fraternity (Vive la Neutralité)…

Stay tuned for more on the Ultraschall Festival (January 17-27).

rebeccaschmid.info

The Trials of Rattle and Muti

January 17th, 2013

by Sedgwick Clark

A couple of Musical America’s former Musicians of the Year took a drubbing last week. Rebecca Schmid, MA’s Berlin correspondent, reported on our Web site (1/11) that Simon Rattle (2002) announced he would not renew his Berlin Philharmonic contract as music director in 2018 after 16 years. She wrote that “Rattle’s popularity within the orchestra . . . and with the German public is mixed. The conductor’s artistic direction . . . has taken the orchestra far afield from Brahms and Beethoven . . . .”

Well, the self-governing BPO asked for it. When it signed Rattle, it pointedly stated its desire for a conductor who would lead it into 21st-century music and also teach it the joys of authentic period music-making. The British conductor’s biographer, Nicholas Kenyon, laid out the possible pitfalls clearly in his Musician of the Year tribute to Rattle in the 2002 Directory, calling his succession to Claudio Abbado, Herbert von Karajan, and Wilhelm Furtwängler “a daring risk and a massive leap of faith.” Man, was he right! You can read Nick’s insightful tribute by clicking “MORE” and “archives” on the Web site desktop.

Rattle’s detractors didn’t take long to materialize, reported Anthony Tommasini in the Times on November 16, 2007, disdaining the contemporary music and bemoaning the reduction of the German classics. My guess is that orchestra and audience also became no less disenchanted with Rattle’s wayward performances of the basic repertory. Several years ago he led the BPO at Carnegie in the most aimless Beethoven Pastoral I’ve ever heard; in the same hall on May 17 he’ll have another go at the symphony with the Philadelphians. Perhaps I’ll check to see if either of us has changed. At any rate, I’ll want to hear the concert’s first half of works by Webern, Berg, and Ligeti.

A lot can happen in the next five years, but I’ll bet that some youngish German conductor committed to tradition, like Christian Thielemann (if he can keep his questionable political notions to himself), will ascend to the BPO throne. Rebecca suggested Daniel Barenboim as a possibility, but he’ll be 75 by Rattle’s final season, and the Boston Symphony’s experience with James Levine’s health has undoubtedly given orchestras the jitters.

Which may be occurring at the Chicago Symphony right now. Its choice of Riccardo Muti (MA’s 2010 Musician of the Year), who became music director in fall 2010, seemed a match made in heaven. But he missed most of his first season due to what his doctor called extreme exhaustion and later fell off the podium, fracturing his jaw. He now has a pacemaker.

Muti’s latest malady is a bout of the worldwide flu epidemic, which caused him to cancel two weeks of concerts prior to the CSO’s Asian tour at the end of this month through early February. He has reportedly recovered in time to lead the tour, with Dvořák’s Fifth Symphony replacing works by Stravinsky and Busoni.  Still, once again a Muti health problem undoubtedly disappointed thousands of hometown subscribers and scared the bejesus out of the administrators.

Joyce Is Maria

I like to think I’m open to new discoveries, and my second brush with Donizetti appears to be one of them. On the heels of the Met’s old production of L’Elisir d’amore (I loved the deliciously sorbet sets so much on its closing night that I’m afraid to venture to the new one), comes the company’s first Maria Stuarda. Donizetti wrote two of the most heart-breaking arias in the repertory for his title character, and Musical America’s 2013 Vocalist of the year, Joyce DiDonato, sang them exquisitely. I’ll go to hear her sing anything.

A Circle of Friends

January 17th, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

What is one of the most valuable assets for any performing artist today? A loyal circle of friends with whom they have maintained contact through the years. Why do I say that?

In late November of 2012, I received a press release announcing the appointment of Tito Munoz as Music Director of Ensemble LPR. The release also announced the upcoming U.S. debut performance of British composer/performer Max Richter’s “Vivaldi Recomposed: The Four Seasons” with violinist Daniel Hope. Having never realized that there was an Ensemble LPR, my curiosity was piqued. I contacted Tito Munoz, who I had met a few years earlier, to find out more. I learned that composer/violinist David Handler, a co-founder of the very successful Le Poisson Rouge in New York’s Greenwich Village, had long envisioned an ensemble growing out of LPR’s eclectic programming. As it turns out, he and LPR’s other founder, cellist Justin Kantor, met at Manhattan School of Music in 1998 while they were getting undergraduate degrees. They formed a piano trio during their second year at school with Cuban born pianist and conductor Orlando Alonso, now co-Artistic Director of Ensemble LPR. Orlando Alonso and Tito Munoz went to the same high school and forged a friendship that they have maintained ever sense. Munoz always wanted to have an affiliation with an ensemble to expand his artistic opportunities beyond the scope of his orchestral conducting. Formerly a freelance violinist in New York, he performed all kinds of music in a variety of venues. His roots in New York City, his versatility in a variety of musical styles, and his burgeoning conducting career made him an attractive candidate for music director of the ensemble. The only “outsider” in all of this was Ronen Givony, whom Kantor and Handler happened to meet socially. His vast knowledge of music and specific business skills seemed perfectly complementary to their own. In addition, his flair for putting together unusual and fascinating programs for the Wordless Music Series, which he founded, made him an ideal artistic partner both for Le Poisson Rouge and its ensemble, of which he is now co-Artistic Director. When all of these gentlemen met together for the first time in August of 2012, old friends found themselves bonding in a new way, filled with inspiration and excitement over what they might create together going forward.

The future for Ensemble LPR looks very bright indeed. Their roster of musicians consists largely of New York’s finest players and can expand and contract according to the nature of the repertoire. They have already secured representation with Opus 3 Artists whose national booking director, Erik Martin, is busy planning tours for the next few seasons. Such tours might include residencies designed jointly with a music school’s composition and conducting departments and even entrepreneurship classes arranged through the business school. The recent performance by Ensemble LPR of Richter’s re-imagining of the Vivaldi Seasons and this past Monday night’s tribute to the late Elliott Carter with Fred Sherry and Ursula Oppens certainly whet one’s appetite to learn what they are planning for their inaugural season, to be announced this June. Their activities are likely to reflect the same unbounded curiosity, imagination and openness that have contributed to making Le Poisson Rouge one of the most vital concert spaces in New York City.

To ask a question, please write Ask Edna.

© Edna Landau 2013

Distinguished Artists Are Extraordinary Artists!

January 16th, 2013

By Brian Taylor Goldstein, Esq.

Hi Musical America,

I am a Danish citizen and I plan to go to the Unites States on a promo tour in spring. I know that it is necessary to apply for an O-1B visa being a solo artist. I have a native US promoter who will petition for me. My question is: How am I going to prove that I have “extraordinary ability” as a performer to qualify for an O-1B visa? It sounds to me that you need to be either Rolling Stones or Anna Netrebko to get through the needle’s eye. My music is folk/new age/healing and it has a limited audience. I do not have a big international following or a large music sale to boast. Any advice is appreciated.

While the US government doesn’t do much to support the arts, they threw us a tiny crumb when they wrote the O-1B regulations. As opposed to other professions covered by the O-1B category (sports, business, education, and science), an artist seeking O-1B classification does not have to be “extraordinary” to qualify for an “extraordinary ability” visa. Rather, the artist has to show that he or she is “distinguished.” The applicable regulations define “distinguished” as “…a degree of achievement and recognition beyond that ordinarily encountered.” While Mick Jagger and Anna Netrebko would most certainly qualify, you do not need to be at that level to obtain an O-1B visa. Nor do you need to compare your level of achievement and recognition to all musicians in all other genres. Rather, you only need to establish that you have “some” degree of recognition and achievement within the genre of folk/new age/healing music.

In preparing your petition, you would need to provide documentation of your career and achievements to show that you are at least “distinguished” in some way. Most often, these include copies of articles, reviews, blogs, and programs from your live performances, as well as any other materials written about you. You would also want to include copies of your recordings as well as proof of any awards you have won. You would want to explain that the genre of folk/new age/healing music does not get the same degree of press and attention as other genres, but that, within the genre of folk/new age/healing music, your are at least “highly praised” or “well-known”.

The most important thing is to explain everything to USCIS. The biggest mistake most artists and agents make is preparing a visa petition, attaching documents, and failing to write a comprehensive cover letter explaining the evidence. You want to hold the USCIS examiners hand and walk them through your qualifications step-by-step. Do not assume that the USCIS examiner listens to your genre of music (or ANY genre of music, for that matter) or is familiar with your awards. Explain every nuance. Explain your achievements. Explain every detail. Above all, make sure to provide translations of anything not in English.

Everything you could possible want to know about obtaining a visa for an artist is on the website www.artistsfromabroad.org. With some time and patience, you should be able to create a visa petition to obtain your O-1B without having won a Grammy, though I sincerely hope, one day, you do!

_________________________________________________________________

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

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

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

__________________________________________________________________

THE OFFICIAL DISCLAIMER:

THIS IS NOT LEGAL ADVICE!

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

An Italian, and possibly a Swiss, Symphony at the Philharmonie

January 11th, 2013

By Rebecca Schmid

Journeys have provided powerful inspiration to writers, painters and composers alike, opening eyes to new ways of seeing the world. The broadening of artists’ palettes has sometimes allowed them to capture a landscape more vividly than the natives could themselves. One only has to think of Dvorak’s New World Symphony, Gauguin’s portraits of French Polynesia (colonialist considerations aside), and—at least for an outsider— Mendelssohn’s Fourth, or Italian, Symphony. Riccardo Chailly, guest conducting the Berlin Philharmonic on January 9, juxtaposed this work with Bruckner’s Sixth Symphony, which in a similar vein was likely inspired by a trip to either Switzerland or Upper Bavaria.

Bruckner is easily the most provincial Romantic composer to have entered the symphonic canon, having rarely ventured outside his native Austria and devoting much of his opus to sacred works. Passages of the opening movement of the Sixth deviate strongly from the stormy, fretful tone one associates with his symphonies, with an exotic modal brass motive and a positively sunny melody for the violins. Program notes suggest that an underlying, one could say proto-minimalist, string texture represents the motoric drive of a train, while the trumpets herald new earthly vistas. Chailly’s vigorous, scooping gestures brought out the might of the Philharmonic.

The following Adagio brims with Mahlerian stillness, which the conductor savoured to melting effect. Even if Bruckner was not referring to the Swiss Alps, he suggests a heaven on earth that sounds very close. It is also worth noting that Mahler made several changes to the symphony before it had its first full performance in 1899, 18 years after Bruckner had completed it. By the third movement, the composer has—at least stylistically—returned closer to home terrain, with menacing blows of fate and bombastic, descending tutti passages, although there is an almost classical alternation between forte and piano sections.

The finale further vacillates between the serene and the tempestuous, with declamatory Wagnerian harmonies in the brass contrasted against delicate, protesting pizzicati and a fleeting waltz-like melody that, in the context of a journey, indicates a certain wistfulness for the fatherland. The symphony ends with a fervor that Chailly brought to a resounding close. Although the horns of the Philharmonic have even more precise on other occasions, it hardly mattered in the wider scheme of this bracing performance.

Mendelssohn’s Fourth emerged with tremendous care for dynamic contrast and shape of phrase as Chailly held thorough, but unaffected, control over the orchestra. Most impressive were the perfectly-built crescendi and decrescendi that emerged, particularly in the third movement Con moto moderato, and beautifully rounded, legato lines. Mendelssohn’s economic orchestration at times calls to mind a chamber ensemble, which the Philharmonic brought out through its characteristically tight communication between sections, particularly in the last two movements.

Concert Master of the evening Daishin Kashimoto led the violins with great precision, although the sound could have been warmer in fortissimo passages. Solo Clarinettist Andreas Ottensamer played with particular finesse in the Andante movement, characterized by sensuous, swelling lines throughout the orchestra and a touch of melancholy. True to his ‘German’ spirit, Mendelssohn does not only convey the pleasures of fine wine and sunshine but a deeply introspective, nostalgic view of the world. Perhaps this is why his symphonic portrait of Italy resonates so strongly.

rebeccaschmid.info

Szell’s Sublime Walküre

January 10th, 2013

by Sedgwick Clark

We were driving bumper to bumper out to the country last Friday and checked out the Met Opera station on Sirius XM. It was about 20 minutes into Wagner’s Die Walküre, and Hunding had just come home from a hard day at the office to discover his lovely wife, Sieglinde, with a stranger, Siegmund, at the dinner table. Hunding’s leitmotif had a particularly nasty staccato bark in the lower brass, and I pushed the info button to find out who was conducting. “George Szell, Dec 2, 1944,” it said, and I nearly plowed into the rear of the car in front of me. A few moments later Siegmund spoke up, and I exclaimed, “That’s Melchior!”

It’s difficult to imagine a superior vocal lineup in the Age of Recording: Herbert Janssen (Wotan), Helen Traubel (Brünnhilde), Lauritz Melchior (Siegmund), Rose Bampton (Sieglinde), Alexander Kipnis (Hunding), Kerstin Thorberg (Fricka). And they’re all at the top of their form. Melchior is a known phenomenon to anyone who has heard the 1935 Vienna Philharmonic recording of Die Walküre’s Act I with Lotte Lehmann as Sieglinde and Bruno Walter at the helm – the Ur-recording of the music for any Wagnerian. As for Traubel, without shortchanging the great Nilsson, the American soprano on this occasion was the plummiest-sounding Brünnhilde I’ve ever heard; sheer, rich-toned beauty, with absolutely no forcing whatsoever.

But it was Szell’s fire and brimstone, taut pacing, and fresh tempo relationships that electrified at least one pair of ears accustomed to the weighty, slo-mo Wagner performances at the Met over the last four decades. Under Szell, the conclusions of the first two acts veritably lifted me from my seat, and the Magic Fire Music that ended the opera brought tears to my eyes.

Szell led two complete Rings at the Met, but this performance of Die Walküre was the only one to be broadcast. Unbeknownst to me, a CD set had been released in 1994 as a fundraiser in the Met’s Historical series. Hmmmm.

Postscript: Returning to Manhattan after Sunday midnight, we turned on the radio to hear – you guessed it – Szell’s Walküre, at the same moment in Act I as on Friday afternoon! But this time there was no traffic, and we arrived at our destination with the fall of Act II’s curtain.

Reaching Out to Past and Potential Supporters

January 10th, 2013

By: Edna Landau

To ask a question, please write Ask Edna.

The end of 2012 has brought a deluge of e-mails into my Inbox. Some were holiday greetings, coupled with updates on an artist’s current activities. Others were invitations to a showcase or to visit with an artist at the conferences which take place in New York in January. I will share the best and the worst of them with you since I think there are valuable lessons to be learned.

MY VOTE FOR BEST END OF YEAR HOLIDAY GREETING FROM AN ARTIST (Jennifer Sheehan)

Subject: Dreams DO Come True!

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Dear friends…

Ever since our show, “White Christmas,” opened in November here in Arkansas, we’ve been “dreaming of a white Christmas” about eight times a week.

Well, we got what we wished for– a very rare white Christmas in Little Rock!!

In fact, I’ve heard it’s the first one in 80 years. It was beautiful.

And yes, the show went on!

I hope you are enjoying a wonderful holiday season wherever you are!

I also am delighted to announce some upcoming engagements around the country and in the UK for early 2013. If you’re in the area,

I would love to see you!!

Jan. 11th & 12th – The Juilliard in Aiken Festival benefit concerts (Aiken, SC)

Jan. 18th & 19th – Electric Earth Concert Series (Peterborough, NH)

Jan. 27th & Feb. 9th – “Hopelessly in Love: the Lyrics of Tom Toce” (NYC)

February 12th – 16th – The Crazy Coqs (London, UK)

March 24th – 26th – The Savannah Music Festival, double bill with Jane Monheit (Savannah, GA)

May 4th – The Caramoor International Music Festival (Katonah, NY)

Details on my website and Facebook page.

*********

Keep warm and take care, friends..

and know that I wish you all a very happy new year!

Best,
Jennifer

YouTube Channel
Facebook Page
Website
You Made Me Love You CD

The e-mail from Jennifer Sheehan (featured in my blog of March 30, 2011, The “je ne sais quoi” of Great Talent) immediately caught my eye with its nice positive title (Dreams DO Come True). I enjoyed the human interest story about the first “White Christmas” in Arkansas in 80 years. It related to what Jennifer was doing at the time and the beautiful photo of the snow immediately put me in a holiday mood. I liked that Jennifer’s tone was warm and welcoming and that she shared information about a half dozen upcoming, significant engagements, while avoiding overwhelming me with detail by providing links to her website, Facebook page, YouTube channel and CD. Well done!

MY VOTE FOR WORST INVITATION TO MEET AT THE CONFERENCES

The subject of The Hasty Ensemble’s (fictitious name) e-mail to me was “CMA Conference Meeting?”. The text was as follows: Greetings! Let’s meet at the CMA Conference. The Hasty Ensemble is currently booking concerts for 2013-14 and beyond. Do you have time to talk on Friday or Saturday, January 18th or 19th? A rather bizarre picture of the ensemble followed, which, in my view, would never entice anyone to book them. The face of one member of the ensemble wasn’t at all visible and there were no instruments in the photo. I had no idea what type of ensemble it was. Beneath the photo were two phrases from reviews and a link to a new record release. That was it. I find it hard to believe that the sender would expect any responses to such an e-mail.

If you are writing a mass e-mail to people you don’t know, your first order of business should be to ascertain if they are in a position to help you. (I am not a presenter and hence I don’t book any concerts.) You should attempt to strike a cordial and even humble tone that doesn’t assume anything, but rather expresses appreciation for the reader’s consideration. The e-mail should be attractive, with an appealing photograph and enough information to give the reader a basis for deciding whether to respond. The Chamber Music America (CMA) conference is small enough that a targeted, personalized communication, perhaps mentioning a mutual contact within the industry, would have a far greater chance of success. The bottom line is that if you write to a potential supporter or presenter, you have to make that person care about you and what you have to offer. Try sharing your draft message in advance with a few people whose judgment you trust. Their feedback may prove valuable as you continue your efforts to network and promote your ensemble.

To ask a question, please write Ask Edna.

© Edna Landau 2013

Ask, and Ye “May” Receive…or Not

January 9th, 2013

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder,

I am a music professor at a medium-sized state college. We have two questions with regard to live streaming some of our concerts and recitals. We, of course, have paid the ASCAP and BMI licenses/fees to cover the rights for live performances. I believe the licensing agencies base the amount of the fee on the size of the school, and we pay a flat amount each year. Does paying those licenses for live performances also cover streaming the concert live? Our department chair believes this to be the case.

The other issue involves archiving the recordings of the concerts, or leaving them on the website for a time after the concert so patrons (e.g., parents of students or any other interested parties) can view the concert at a later date if they had a conflict the day of the original concert and were unable to watch it live. Would this practice also be covered by the licenses or fees we’ve already paid? Is this a grey area in which the law has not yet caught up with the technology, or would this practice be a violation of copyright?

I know of other schools whose music departments are streaming performances. Any clarification you could give on this subject would be most helpful not only to us but to many schools throughout the country.

Some ASCAP/BMI licenses for live performances also cover the right to stream the concert live. However, as with all rights, you only get what you ask and/or pay for. So, if you paid for the right to stream live concerts, then your license covers that. If you only paid for live concerts, then it does not. You need to check the license terms and agreement you received from ASCAP/BMI.

With regard to the issue of “archiving the recordings of the concerts”, the good news is that it is not a grey area at all. The bad news is that it is not a grey area at all. ASCAP/BMI licenses only cover live performances and, in some instances, streaming a live performance. However, making an audio/visual recording of a concert to be seen or heard at a later a date or…gasp…placed on a website for the whole world to access, is quite another. Such rights are called “synchronization rights” and they must be arranged separately. When you purchase the right to perform music at a live concert, there is no “inherent right” to make an archival recording or a recording for “non-commercial” purposes. There is no “inherent right” to make a recording of any performance at any time under any circumstances without the permission of (a) the composer/publisher of the music (assuming the composition is not in the public domain) and (b) the performers themselves.

As opposed to the law not catching up with technology, this is more of an issue where the performing arts industry has not caught up with the law. I, too, know of many schools and non-profits that regularly make archival recordings and stream concerts. While some of these are licensed, many are not. There is a common misperception that, so long as something is used for educational purposes or no money is charged, then no licenses or permission is required. Nothing could be further from the truth. While many composers and publishers are happy to grant liberal permission, or even turn a blind eye to unauthorized used, others are not. It’s anyone’s guess as to which one you’re dealing with until it’s too late. The safest rule of thumb is: never assume you have permission to do anything you haven’t specifically asked for. Always ask permission. It protects artists, protects your institution, and perpetuates the value of the arts.

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Both Robyn Guilliams and Brian Taylor Goldstein will be attending the Association of Performing Arts Presenters Annual Conference in New York, providing both workshops and consultations. Please stop by the 4th Floor of the Hilton and say hello!

_________________________________________________________________

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

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

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

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Muti Taps the Liturgy

January 8th, 2013

Precious mosaics above the apse of the Basilica di Sant’Apollinare in Classe, Ravenna, consecrated in AD 547

By ANDREW POWELL
Published: January 8, 2013

RAVENNA — Sacred music has lent gravitas to Riccardo Muti’s career since the 1960s. Settings of the Ordinary and the burial service by Bach, Mozart, Cherubini, Schubert, Berlioz, Brahms and Verdi have drawn his attention and received, more often than not, a disciplined performance.

No, this is not the repertory that leaps to mind when discussing the maestro from Molfetta. The operas of Verdi come first, and peer names like Arturo Toscanini, Herbert von Karajan and Claudio Abbado are soon raised. Muti the Verdian enjoys high standing — so high that he will be valued long after his own burial service for a trove of Verdi readings wider than Abbado’s, more eloquent than Karajan’s and better sung than Toscanini’s. (In context, it is worth hoping that his new biography of the composer will offer greater insight than his patchy 2010 autobiography.)

But music for the church points to the heart of this artist more directly than any opera. Where Abbado sees himself as a gardener, Muti’s alter ego is equipped as historian. Muti studies and diligently performs Mass settings — and antiphons, canticles, hymns and oratorios — out of a perceptive sense of their place in history, in a composer’s output, in the genesis of compositional technique and thought.

The effort is somewhat thankless. Sacred scores, particularly whole services, lack sway in a secular society and often lack musical balance too because of the characteristics of the liturgical sections. Many are front-loaded by a euphoric Gloria. Most end soberly, Haydn’s Paukenmesse being an exception to prove the rule. An established conductor who is not a choral conductor needs no Mass setting to boost his reputation, impress authenticists, sell tickets or oblige a record company. Yet Muti has forged ahead, Pimen-like, documenting scores others have not deigned to read. In one championing example, he has chronicled in sound no fewer than seven services by Cherubini.


In 2012–13 three sacred-music projects occupy him. Last August with the Vienna Philharmonic he persuasively reasserted his advocacy of Berlioz’s flamboyant, long-mislaid Messe solennelle, which he sees as a tribute to Cherubini, and this April in Chicago he revisits Bach’s B-Minor Mass.

Three weeks ago in Munich came Schubert’s A-Flat service, a non-commission from 1822 (D678). The songsmith struggled with its form. He did not follow early polyphonic precedent in imposing thematic unity; did not enjoy Bach’s or Haydn’s flair for satisfying church provisos while enhancing structure; did not write his own rules as would Berlioz and Verdi. Five handsome musico-liturgical sections were the result. A serene Kyrie and a radiant Agnus Dei, each with inventive, contrasting subsections. A protracted and prodigious, finally portentous, Gloria. A Credo that covers its narrative ground with storyteller fluency. A pastel-pretty Sanctus sequence. Call them Mass movements in search of containment.

Undeterred by the implicit challenge, Muti for his Dec. 20 concert with the Bavarian Radio Symphony Orchestra chose an 1826 revision that caps the Gloria with a bulky fugue, for Cum Sancto Spiritu. He made no attempt to harness Schubert’s ideas: sectional detachment and stylistic incongruities spoke for themselves, often elegantly.

Vocal and instrumental forces cooperated under tight reign, temporal more than dynamic. The BR Chor sang with customary refinement, applying Teutonic conventions in the Latin text. Ruth Ziesak and Michele Pertusi reprised the parts they took when Muti led this music in Milan’s Basilica di San Marco ten years ago. Still fresh of voice and keen to give notes their full value, the soprano found her form promptly after a grainy opening to the Christe eleison. Pertusi, in the modest bass part, blended neatly with his colleagues. Alisa Kolosova contributed an opulent alto, Saimir Pirgu an articulate, secure tenor; he participates in all three of the conductor’s Mass projects in 2012–13. On the Herkulessaal program’s first half, Mendelssohn’s Italian Symphony received a mundane traversal except in its agitated fourth movement, where taut rhythms left a lingering impression. The orchestra played attentively in both works.

Tepid applause followed the Mass, a contrast to the cheers that had erupted in Salzburg after the Berlioz work. Was this foreseen? Disappointing? In Italy they say Muti is addicted to applause. More likely is that audience reaction is beside the point for him: he simply wants clean execution, and he received it in Munich. Muti: “ … non siamo degli intrattenitori. La nostra professione è di un impegno maggiore … .” Pimen turns another page.


Toscanini and Karajan, those fellow Verdians, are not remembered for works destined to fall flat in concert. Both built careers on small sacred repertories: some half-dozen Mass settings each, beyond the not-quite-liturgical requiems of Brahms and Verdi. Beethoven’s hyper-developed and intimidating Missa solemnis had pride of place. Karajan revered the Bach as well (29 performances) and occasionally turned to Mozart’s Great C-Minor Mass and Requiem.

Abbado has, like Muti, taken up two Mass settings by Schubert: the tuneful early G-Major, which Muti performed in Milan twelve years ago, and the resourceful, variegated E-Flat Mass, the composer’s last. This work he paired with Mozart’s Waisenhausmesse (1768) in a jolly two-service concert in Salzburg six months ago. Both conductors have performed the two mature Mozart works and the Brahms and Verdi, but curiously neither man has tried a Mass setting by Haydn or Beethoven, casual research suggests.

To be sure, sacred music is not the mainstay of Muti’s career. His commitments to the Teatro dell’Opera di Roma, to the Chicago Symphony Orchestra and to Italy’s young-professional Orchestra Cherubini pull the emphasis elsewhere. But the passion for historical context that drives his Mass projects also shapes his priorities in symphonic repertory and opera. Instilled surely during formative years in Naples, it accounts for starkly independent programming choices and probably explains his famously firm way with the details of a score: the chronicler demands accuracy as well as loyalty to the composer. A tempo, però!

By happenstance this post is being drafted a few yards from the home of Muti and the tomb of Dante. They lie in opposite directions.

Photo © Soprintendenza per i Beni Architettonici e Paesaggistici

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