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One Stop Shopping for Management and Public Relations

Thursday, January 12th, 2012

by Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I am a well-established soloist who has always booked and promoted myself. Once I reached middle age, I made numerous efforts to find an agent who can do for me what I’ve done for myself, only with more savvy and sophistication. But I’ve found that the most desirable agents are closed to people in my age group, and that typically they do not do promotional work. I’ve also learned that publicists don’t book engagements. It seems to me that one-stop booking and promo would make sense for everyone and that such dual-service entities would be the answer to many artists’ needs.  Are there no hybrid agent/publicists out there who perform both tasks? —-curious soloist

Dear curious soloist:

Your question is a very interesting one. It seems logical that managers who spend their entire working day seeking performance opportunities for their artists would be equally adept at pitching stories about them to the media and helping to develop their image and profile. One would also imagine that their complete familiarity with their artists’ careers would enhance their pitches to the press. In truth, the skills involved in fulfilling these responsibilities are different and both campaigns rely on a well-developed network of contacts that is built over many years. There is no overlap between these two networks. As a result, there are very few agencies that offer their artists both services. I am aware of Kirshbaum, Demler and Associates and Dworkin and Company in the U.S., and Konzertdirektion Schmid and PR2Classic in Germany. (All management agencies do employ staff to send out publicity materials to presenters who have engaged their artists and to field requests for interviews and radio/television appearances which may come into the management.) In the case of the four agencies mentioned above, artists pay separately for public relations. Not all of the artists on the roster avail themselves of these services, except in the case of Dworkin and Company, whose list is rather small. This is probably a good thing since the principals of those companies would probably burn out in no time from the potential stress of fulfilling both roles. It should also be mentioned that not all artists require an ongoing targeted publicity effort to be made on their behalf, in particular the younger ones. Those that do usually have high profile careers with fairly regular newsworthy developments that justify their paying extra for public relations assistance. In your case, it sounds as though you should continue to handle your booking arrangements or find a suitable partner, while seeking out a publicist for key projects such as commissions and recordings. Many publicists will accept such project work. You will pay a fee instead of a monthly retainer and will probably come out ahead of the game financially.

To ask a question, please write Ask Edna.

©Edna Landau 2012

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Pursuing Two Careers Simultaneously

Wednesday, January 4th, 2012

 

 by Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I am a composer, recently graduated with two Masters degrees, and I have chosen the administrative route for a small and ambitious organization. In your earlier column entitled “Overqualified and Underemployed”, you rightly wrote that many connections can be made working in an administrative position in the field of music. The downside is that (especially in this economy) many administrative jobs are 50+ hours a week, plus additional hours for commuting. The result is little time and energy for pursuing one’s musical craft during the week (and family members have their own ideas about your weekend time). Here’s my question: One disconcerting thing I have heard from multiple sources is that an administrator (I’m an executive director) is not taken seriously as a “real” musician; the implication being that if one is REALLY talented, one wouldn’t need to take a day job. Is this a reality? Not counting academia, are there musicians/composers with good reputations as both? –CS Rusnak

Dear CS Rusnak:

While I am not totally surprised to hear that numerous people have questioned the seriousness of a musician’s commitment and level of accomplishment if they hold a day job, it does seem peculiar both from the point of view of today’s economy and the number of established and renowned musicians who do both, with great distinction. In the case of younger musicians, it should come as no surprise that opportunities don’t always present themselves right out of school and that composers, in particular, who rely on commissions, might need to supplement their income in other ways. My colleague, Kristin Lancino, who is Vice President at G. Schirmer Inc. in New York, tells me that there are four people in her office who work full-time and who are active composers or performers/conductors. If one looks at higher profile administrative positions, one finds Ed Harsh, President and CEO of New Music, USA, himself a composer, and Laura Kaminsky, Artistic Director of Symphony Space in New York, who received a prestigious Koussevitzky Music Foundation-Library of Congress award to write her recently premiered piano concerto for Ursula Oppens. Undoubtedly, these arts administrators find that their day jobs lend an extra dimension to their creative lives, removing them from the potential isolation of a composer’s daily existence and immersing them in the heart of the performing world. Their interaction with music industry colleagues on a daily basis also serves to increase awareness of their creative output. More importantly, their administrative positions afford them opportunities to build new audiences and to mentor and assist young musicians, while possibly giving them exposure. Composer Missy Mazzoli was Executive Director of MATA, an organization committed to helping young composers. Some of today’s most beloved artists have managed to assume leadership roles in arts administration, achieving all of these goals and more, while maintaining a rigorous performing schedule. A towering example is Placido Domingo, founder of the Operalia Competition, who concurrently juggled General Director positions with both the Kennedy Center and the Los Angeles Opera. Musical America’s 2012 Musicians of the Year, David Finckel and Wu Han, show no sign of reducing their busy solo, duo or chamber music performance schedules, while simultaneously lending their brilliant vision and artistic direction to the Chamber Music Society of Lincoln Center, as well as Music@Menlo, which they founded. Hopefully, these examples prove that if one is a REALLY talented musician, one might still want to take a day job (or two), for the sheer joy of sharing one’s experience with others, expanding opportunities for the next generation of performers, and ensuring that the venues in which they will perform will be run with the vision and openness needed to promote those performers’ increasingly innovative and groundbreaking ideas.

To ask a question, please write Ask Edna.

© Edna Landau 2012  

 

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Is There a Network of House Concerts?

Thursday, December 15th, 2011

By: Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I have been told by many of my musician friends that it is very gratifying and helpful to perform in house concerts because they allow for direct communication with a small and appreciative audience and an opportunity to play through repertoire in an unpressured environment. In some instances, they might even put a little money in your pocket. Can you tell me how I might go about identifying such opportunities? Is there any central house concert website? —Andrew K., violinist

Dear Andrew:

While it is true that house concerts take place all over the world, I am not aware of any directory that lists them. This may well be because of the need to maintain privacy and ensure security when opening one’s home to the public. There is an informative website, ConcertsinYourHome.com, which does provide its members with information about hosts of house concerts, enabling them to get in touch directly, but it is my impression that the opportunities are for singer-songwriters and folk music performers, not classical. They do offer a free and helpful “House Concerts Guide”, written by their founder, Fran Snyder, which walks the reader through all aspects of performing in or presenting a house concert. Most of what they cover is universal to any genre of music.

A good place for you to start would be to ask your musician friends whether they can introduce you to the individuals who have hosted their concerts. Perhaps you can also encourage them to program a work in their upcoming concerts that might include you. If you are still a student, you should visit your school’s concert office to see if they have a list of hosts. You could also check with the Development office, as they often coordinate private concerts for current or potential donors. Let them know of your interest in participating in them. Set aside some time to think about possible concert hosts among family friends, fans, or people you may have met in a variety of professional or social situations. Violinist Hilary Hahn was able to secure a substantial amount of the funding for her commissioning project that is generating twenty-seven new encore pieces via a house concert hosted by someone she happened upon by chance.

In New York, where I live, there are a wide variety of house concerts taking place regularly.  Some of them, such as the series at the home of Shirley and Sid Singer, have been going on for as long as twenty years and generally feature up and coming soloists and chamber ensembles who are recommended by managers or returning by popular demand. Others, such as chamber music concerts hosted by Dr. Daniel Kuhn, a cellist and psychiatrist by profession, are motivated by the host’s desire to play great music with artists they admire. A third category would be concerts for the benefit of a designated charity, such as Classical Action’s Michael Palm Series, which typically feature artists of some renown. None of these would be easy for you to penetrate. However, Michael Reingold, Producer of NYC House Concerts for the past six years, works with a variety of hosts in presenting 25-30 concerts per year. Some of the artists are his own choices outright but others approach him by e-mail, and he tries to introduce new faces into the mix. His particular motivation is to introduce his friends and their friends to the beauties of classical music. He also is happy to afford artists the opportunity to try out a new program and to gain experience in communicating verbally and socially with audiences that are new to this music.  Neither he nor the artist(s) receive any financial gain but if the host is in agreement, the artists can put a basket at the door for voluntary donations, and they can always feel comfortable selling cd’s. If you live in New York, you should definitely acquaint yourself with this organization.

Perhaps the most entrepreneurial individual I have met in regard to pursuing house concerts (and more) is pianist and composer, Kimball Gallagher. A graduate of Rice University and Juilliard, he is the founder of PIANOKEY, “a salon concert company that is dedicated to the revival of the romantic salon culture”. He is currently in the midst of “The 88 Concert Tour”, which he organized totally on his own and which has recently included performances throughout the U.S., as well as in Shanghai, Taipei, Mongolia, Hanoi, Bangkok, Tunisia, Turkey and Afghanistan. Each concert host receives a short personalized piano work that he writes for them, using a compositional system to spell out musical notes to match their names, and which is included as part of the program.  Mr. Gallagher receives a fee for these concerts which, added to income from private teaching, allows him to make a reasonable living. He does not conceive of the concerts as preparation for more significant events but rather as events in themselves. He connects with his audiences in interesting and innovative ways that wouldn’t be possible in a larger venue; for example, playing a virtuosic Chopin etude at a slower tempo before performing it as it was intended to be heard. His success at international networking is quite spectacular, and yet it breaks down into small, logical steps that follow from one another. He keeps track of every new contact he meets and has the charm and confidence to ask them to help, If he believes they can. When he has needed to fill out a tour in Asia, he has contacted Juilliard to see which alumni might be residing there. There is much to learn from Mr. Gallagher’s intrepid approach to organizing his own concert life. The fundamental answer to your question is: Don’t look for a network of house concerts. Research them as best you can but in the end, don’t hesitate to create one!

To ask a question, please write Ask Edna.

© Edna Landau 2011

This is the final “Ask Edna” column of 2011. I wish all our readers a very happy holiday season and look forward to reconnecting with you on January 5, 2012!

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Do We Take Ourselves Too Seriously?

Thursday, November 10th, 2011

By: Edna Landau

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A few nights ago, I attended a musical evening of sorts—not at Carnegie Hall or Lincoln Center but at Carolines Comedy Club in New York City. Intrigued by the advertisements I heard on radio station WQXR for its Classical Comedy Contest, I bought two tickets, figuring that a lighthearted evening is always welcome. The sizable club was filled to the rafters and the sense of occasion was enhanced by my first glimpse of the judges who included Robert Klein, Deborah Voigt, Peter Schickele and Charles Hamlen. WQXR’s Elliott Forrest, whose idea this was, proved to be a captivating and amusing host and was proud to introduce two members of the late Victor Borge’s family who were in the audience. What followed was a smorgasbord of eight comic acts, all including live music, ranging from a recorder virtuoso playing on five instruments simultaneously to a duo of “cranial percussionists” and a singer, somewhat reminiscent of the great Anna Russell, attempting to sing O Mio Babbino Caro while her pianist kept modulating upwards at regular intervals. The audience loved every minute and the judges even got into the act with their witty reactions. The winner was Igor Lipinski, a gifted pianist who gave a sensitive performance of a Bach fugue while simultaneously reciting the order of a deck of cards which had been shuffled and was visible to the audience, but not to him. My own personal favorite was Gabor Vosteen, the recorder player. With instruments coming out of his mouth and nose simultaneously, he amazed us with perfectly balanced chords and even a section from Mozart’s Eine Kleine Nachtmusik, played both musically and flawlessly. I read on his website that he decided to embark on this type of antic when he wanted to form a recorder ensemble and no one wanted to play with him. He studied recorder at the Hochschule for Music and Theater in Hannover, Germany, but wanted to go beyond playing to making an audience laugh. He attended circus school in Budapest and has training as a mime. As someone who regularly talks to students about finding their own unique path, I was delighted to encounter Mr. Vosteen who was one of eight finalists in this competition that attracted eighty applicants.

This delightful evening got me thinking that fun and joy are words not often associated with musical performances. That is truly a shame. At a recent concert on Halloween at Carnegie’s Zankel Hall, Brooklyn Rider topped off a substantial and thought-provoking program with an encore, their free-fantasy adaptation of Michael Jackson’s “Thriller,” dressed in suitable costumes. It was a pleasure seeing artists taking a risk in a serious concert venue and allowing themselves to let their hair down, to the genuine delight of their audience and seemingly, even the New York Times critic. I am not suggesting that artists should engage in comedy routines as part of serious recitals but there are often moments when a witty comment from the stage or an imaginative encore can go a long way to charming an audience and breaking down the barriers that too often exist between performer and listener.  One memorable moment for me was when I first heard Itzhak Perlman introduce a short work by Ferdinand Ries as one of his favorite “Reese’s Pieces.” As much admired for his superb artistry as for his humanity and joyful music making, this universally beloved artist should serve as a reminder that we must be personally engaged with our audiences and not take ourselves quite so seriously.

I would love to have YOUR question! Please write Ask Edna.

© Edna Landau 2011

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Gateways to Jobs in Arts Administration

Thursday, October 20th, 2011

by Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I hope you won’t mind a slightly different question from those you have been answering so splendidly and thoroughly in your excellent columns, asked by one of your former colleagues and longtime friends. I come from a small town in the United Kingdom. Many decades ago when I was in my teens, I knew that I wanted to work in the international music business but in those days it was impossible to find anyone to advise how to achieve that goal. I therefore decided to apply for a graduate traineeship with the BBC, which I was exceedingly fortunate to get. With that grounding, I was able to move into opera and orchestral management. I now receive requests from a lot of younger people who genuinely want to work in an administrative capacity but have absolutely no idea how to enter the business of arts management. What advice would you give to those wishing to get on the first rung of the ladder, whether that be working in an artists’ management company or a professional performing arts organization? —John Duffus

Dear John:

Great to hear from you and happy to answer such a fundamentally important question to many of our readers. The happy news is that there are probably many more opportunities available to those aspiring to jobs in arts administration than there were when you and I were young. It seems less critical to have participated in an arts administration program if the objective is to secure a position in artist management, than it might be to work in a performance venue or organization such as an orchestra or opera house. There is an extremely gifted and capable young man working at IMG Artists by the name of James Egelhofer, whom we hired while I was working there. He had just graduated from Brown University with an interesting and promising resumé but he obviously had no experience in the field. I could tell after a few minutes of his interview that he would be a star and he went on to manage significant artists while still in his 20’s,  after having learned the trade by servicing a group of artists, observing his co-workers’ activities and asking a lot of terrific questions. IMG Artists is lucky to still have him. In recognition of the indistinct path towards jobs in artist management, a joint venture was recently undertaken by the University of New Orleans, Arts Northwest and the North American Performing Arts Managers and Agents (NAPAMA) to launch a professional certification program for performing arts and managers. Courses are offered online and in person at professional conferences.

The pathway to other arts administration jobs might also consist of working one’s way up the ladder from an entry level position. However, it should be noted that there are some wonderful arts administration programs throughout North America and in Europe as well. Among them is an arts management program offered by Teachers College/Columbia University, whom we are delighted to have as our “Ask Edna” sponsor this month. A comprehensive list of such programs is offered on the website of the Association of Arts Administration Educators. Musical America also offers a list of such programs on its website (available to subscribers) and in their annual directory, which is accessible in many school libraries.

Although you only asked about getting on “the first rung of the ladder,” I would like to add that there are some important programs available to individuals who have already gained experience in the arts management field but who wish to graduate to a more advanced position. These should be treasured in our difficult economic climate. Among them are the League of American Orchestras’ Orchestra Management Fellowship Program and Essentials of Orchestra Management, National Arts Strategies’ executive education and organizational leadership programs, and the Clore Leadership Programme in London. If one were to look at the resumés of those currently holding leaderhip positions in the arts throughout the world, a good number would reflect participation in the excellent arts administration programs mentioned above and on offer throughout the world. I am sure that our readers have information to share on this topic and I hope we will be hearing from you soon!

I would love to have YOUR question! Please write Ask Edna.

©Edna Landau 2011

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Tooting Your Own Horn

Thursday, October 13th, 2011

by Edna Landau

To ask a question, please write Ask Edna.

Hi, Edna. My name is Caitlin Mehrtens and I’m a first year harp student at the Oberlin Conservatory. I have a question about being humble and marketing oneself as a musician. I have struggled in part with balancing being humble and writing a bio or practicing my “elevator speech”. I feel like one can completely turn someone off from themselves by being too forward or boisterous in an introduction. What do you recommend in this situation? Where is the balance between sparking someone’s interest and being overpowering in listing impressive accomplishments? Thank you so much for your time.  —Caitlin Mehrtens

Dear Ms. Mehrtens:

Thank you for writing with such an interesting question. It struck a chord with me because I was brought up to be humble and perhaps even self-effacing about my accomplishments. As an artist, you are joining a community in which it is expected that musicians will have a current bio summarizing their accomplishments. Nothing about such a bio would appear boastful unless the writer employed superlatives that could be considered questionable. An artist who is described as “in great demand throughout North America” had better truly have a busy schedule. An artist whose bio states that they “captivated audiences with their compelling performances” should have some concrete critical acclaim that attests to that. The people who will matter in your performance career will generally disregard vague, unsubstantiated verbiage and focus on the actual achievements enumerated in the bio. They will look for signs that the artist is an interesting individual and performer. Musical signs might include choice of repertoire, commissioned works, construction of programs or interesting collaborations with fellow musicians. If you have been entrepreneurial in your activities to date, perhaps having started your own festival, brought concerts to seniors who couldn’t leave their residences or established a harp and poetry series at a local bookstore on weekends, it will tell them more about you than some vague unsubstantiated adjectives. Although bios don’t usually contain quotes in them, it is all right to start a bio with a phrase such as “hailed by the Cleveland Plain Dealer as a most accomplished and riveting artist” (their words, not yours!). However, bios that are dotted with phrases or sentences in quotes are cumbersome to read and also frustrating, when the reader is simply trying to get at the facts. Such review quotes are better left to a page of review excerpts or the acclaim section of a website. As to your “elevator speech” or chance encounter with anyone who might prove helpful to you some day, the key element is your naturalness and ability to genuinely convey enthusiasm for something that is very important to you. If you say “a year ago, I never thought I would have an opportunity to make a recording but now, thanks to Kickstarter.com, I was able to raise $8000 and I’m excited that it will be available for sale next week,” no one will find that boastful. They will admire your initiative. If you enter a competition and you triumph over 50 other contestants, you would be justified to feel proud of your accomplishment. If you say “I just returned from Israel where I spent a week participating in a harp competition; I would have been happy to even get into the Finals but I’m so excited that I won,” you share an accomplishment with a touch of humility that almost anyone would find admirable.

To ask a question, please write Ask Edna.

© Edna Landau 2011

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Suggestions for Managing Your Image on YouTube

Thursday, September 29th, 2011

by Edna Landau

To ask a question, please write Ask Edna.

I am grateful to several colleagues who assisted me in preparing my response to the following question: the distinguished entertainment attorney, Donald Franzen, and his associate, Mark Robertson; Jaime Campbell Morton, who is a viral marketing and social networking expert and who founded Artspromo, and Lacey Huszcza, director of advancement at the Los Angeles Chamber Orchestra and a social media expert in her own right. I encourage our readers to contribute their comments on this subject since I am sure there is considerably more to be said and a good deal to be learned from their own experiences.

Dear Edna:

I have a question that I hope will be of interest to other people as well as myself. I am a 15-year-old aspiring musician and am fortunate to have already had some wonderful opportunities to perform publicly. My question regards what I should do when people in the audience video my performances and then upload them to YouTube without first checking with me to see if this is ok. I am coming to realize that via YouTube, a performance that I give can extend far beyond the four walls of the venue in which I play. I may have been very happy with the performance I gave but the video that I discover on YouTube may be significantly less favorable in quality from the point of view of the recorded sound or visual images. I don’t want to have to track down everyone who posts something without my consent. Is the only other alternative to just sit back and accept that this is a phenomenon of our times? I could take the attitude that many YouTube videos don’t attract attention anyway, but I see that some of mine have generated a good number of comments. I have responded to some, because I don’t want to appear ungracious, but I realize that this might encourage a practice that I’m not sure I want. I am caught between wanting to be cautious about how I am represented in the media but also wanting to express gratitude to a potentially growing fan base. Do you have any suggestions?—Grateful Young Artist

Dear Grateful Young Artist:

In all my years of involvement in the arts, I have never met an artist who wasn’t deeply concerned about how they came across in the media, especially in situations over which they had little or no control. This concern prevails even in the big wide world of YouTube. While most people look at it as a wonderful form of free international publicity, they obviously want it to reflect well on them. In researching this answer, I learned that the Copyright Code does address this issue and considers it a copyright violation to record a live performance without a performer’s consent. However, enforcing this is not a very simple matter. People do have recourse to getting things taken down from YouTube in cases of copyright infringement, subject to the Digital Millennium Copyright Act, but this doesn’t apply to you since you don’t own the copyrights of the pieces you perform. The simplest thing, which you alluded to, is to contact the person who uploaded the video and ask if they would please remove it. (As you probably know, once you are logged in, you can message people.) There is also the possibility of flagging a video, but this is mostly used in cases that are seriously inappropriate or inflammatory. YouTube reviews flagged videos and if they think they violate their “Community Guidelines,” they will take them down. This, too, is not applicable to your case. It seems to me that everyone who uses YouTube knows that the variety in the quality of the posted videos is quite vast. If a presenter is looking at a performance of yours, they can usually tell whether it was posted by a fan, or whether it is a more professional, accurate representation of how you play. If you have a more professional representation of the same performance that has been posted, you might want to upload it yourself. Another avenue might be to enlist the help of the venue in which you performed to see if they might have recourse to get the video taken down if they feel it is in violation of their stated policy. Backing up a little, you could probably discuss with someone at the venue prior to your future concerts that you would be most appreciative if they could be proactive in discouraging unauthorized recordings of your performance, should they see anyone in action. As for whether to answer the comments you receive, there seems little question that answering will help to encourage more such videos. However, if your objections to the videos aren’t strenuous, your fans will greatly appreciate you taking the time to connect with them and it will make them and their friends like you even more.

Your questions are important to me and can be about anything! Please write Ask Edna.

© Edna Landau 2011

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Crossing Over to the Other Side

Thursday, September 22nd, 2011

By Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I read your blog regularly and am happy that you welcome questions from people of all ages and all corners of the arts world. I have worked in the orchestra sector, in the area of arts administration, for the past seven years. I enjoy the work that I do in securing guest artists for our orchestra, working closely with our music director, and planning their visits. However, I have recently begun to think that I might be happier working more closely with the artists themselves as an artist manager. Can you please tell me whether it would be logical for me to move to the artist management side and what sort of preparation I might need. Thank you very much. —a curious arts administrator

Dear curious arts administrator:

Your contemplated move from arts administrator to artist manager is certainly not illogical. Others have made that move, although not frequently. The biggest challenge in making such a move is going from a buying mentality to a selling mentality. In your current position, your goal is to secure guest artists for your orchestra at the most reasonable price possible. As an artist manager, you will need to fight for the fee that you know your artist is expecting and there may not be any flexibility in the negotiation. In your current position, you need to perform various tasks which are pretty straightforward: engage a certain artist on dates that work for the orchestra, with a conductor or music director who wants to work with them, in repertoire that will work in the particular season, at a fee that falls within the orchestra’s budget. As a manager, you will be taking direction from the artist, who may or may not be flexible about all of these things. The confidence and apparent power you may have displayed in making an offer to an artist, knowing that others could just as well fit the bill, will not sit well with an artist client who wants the engagement but relies on you to negotiate slightly different terms than those on offer. This could range from a higher fee to different repertoire, to a modified rehearsal schedule or media clause. An artist manager actually finds himself or herself trying to please two clients – the artist and the presenter, with whom they hope to book many artists in the future. Ultimately, it is the artist who must remain your top priority. The agility that is required in this balancing act is best learned by observing how the finest managers work and asking for their counsel.

In thinking further about this possible career move, ask yourself whether you are a good listener, consider yourself to be very flexible, have the patience to tackle each challenge that could come with getting all the conditions right, and the humility to accept a non-compromising established artist’s point of view.  Do you have the sense of protectiveness, perseverance and long-term vision that are required to build an emerging artist’s career? Can you derive the same satisfaction from turning down an engagement that you and your artist thought was unwise at a given time as going to contract for a date that seemed just right? If you are not sure, try to speak in confidence to a few managers whom you might meet at conferences or who accompany their artists to engagements with your orchestra. Ask them to describe their day to day responsibilities – both the joys and the challenges. This is really the best preparation you can do. The technical things should already be familiar to you, such as contracts, tech riders and broadcast riders. You might also sound out some of the artists who visit your orchestra as to the nature of their relationship with their manager and what aspects of it are most important to them.

As you have seen me write before, the rewards of a career in artist management are immense and are newly experienced each time one’s artist walks out on stage and delivers a captivating performance. Helping to arrange an artist’s debut in a major city or working with an artist to commission a new piece of music generates a great deal of satisfaction for a manager who can justifiably feel that they are a part of the artist’s ongoing successful career. It is this type of satisfaction that fuels the energy that is needed to develop and help maintain an artist’s career at the highest level. There is also a special joy that comes from working closely with an artist over an extended period of time and becoming part of their lives. This is very different from the brief time you get to spend with artists in your current position. Since there is a real need for new talent on the artist management side, I personally hope that you will decide to cross over the divide. I am happy to answer any future questions you may have!

To ask a question, please write Ask Edna.

© Edna Landau 2011

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When a Quartet Becomes a Trio (temporarily)

Thursday, September 15th, 2011

by Edna Landau

To ask a question, please write Ask Edna.

Dear Edna:

I am a member of a string quartet. We are all just out of college and trying to get our individual careers going, as well as dedicating a lot of our time to establishing our quartet. We were recently in a situation where we were offered several dates but our second violinist was not available during the proposed dates. We had to turn the work down. I had suggested to the rest of the group that maybe we should have taken the dates and found another violinist. Then we could have done the tour and gotten those performances under our belts, which we all know we need to do. My question is, I know it’s tradition that either it’s all or nothing when accepting dates as an existing quartet, but would we be breaking any “laws” or doing the quartet more harm than good by finding a replacement to make a particular tour happen, even if one of our members is not available? It’s tough getting concert dates these days and we all need to work when we can. Please help! Thank you. —L.H.

Dear L.H.:

Your excellent question is not a simple one to answer. My first reaction was to say that getting the performances under your belt with a substitute violinist will have limited value since the quartet’s collective artistry will only grow when all of the regular members are playing together.  When I thought about it more, I realized that each of the three remaining regular quartet members would undoubtedly learn something  from every performance and that those realizations could be shared with the second violinist upon his or her return.  I then turned my attention to the financial aspect of your question.  Concerts are hard to come by and all young musicians struggle in the beginning.  There is certainly a reason for wanting to salvage dates, if at all possible, and you would not be breaking any “laws” or doing the quartet any harm if you tried to find a replacement to make the tour happen. You turned the dates down, which leads me to believe that your group understands the expectation of audiences and presenters that quartet members will remain constant, as that is the only way that they can hope to develop the unanimity of playing and interpretation that distinguishes the very finest chamber ensembles. You mention that you second guessed your decision, wondering if you should have taken the dates and found another violinist. That might have been an option this one time but certainly you would have needed to reverse the order of that process, checking first to see if the presenters would accept a substitute and then finding another violinist.

To get a broader perspective on this,  I chose to consult with a few presenter colleagues: Jenny Bilfield, Artistic and Executive Director of Stanford Lively Arts; Samuel Dixon, Executive and Artistic Director of Spivey Hall at Clayton State University, and Bert Harclerode, Executive Director of Chamber Music Sedona. I found all of them to be quite open-minded about this situation. My colleagues pointed out that, in general, it is harder for a well-known established quartet to use a substitute on a tour because they become known for a sound and a collective excellence in all facets of their playing that has been built up over many years. Furthermore, audiences become familiar with individual members of the quartet and anticipate the specific contribution that each of them brings to the performance. Since your quartet is just starting out, the audience will be coming more out of their interest in discovering a new young ensemble than out of devotion to individual members of your group. Nevertheless, offering a substitute for a member of the quartet should be a rare occurrence . A quartet that seeks a lasting career must make a serious commitment up front to make the ensemble one of the most important priorities in their lives and to make sacrifices when necessary, for the benefit of the group. Once you start making exceptions and accepting substitutes for less than urgent reasons, the fabric of the quartet is weakened and the quality of the performances will undoubtedly suffer. Sometimes the need for a substitute may come very close to the performance date. Audiences and presenters will generally be very understanding if it is due to illness, a newborn child or a family emergency.  It is important that whoever you use as a substitute be someone whom you know well and with whom you have had some sort of performance experience in the past, even if in other chamber music configurations.  This will help to ease any concerns that the presenter may have. Also, be sure to alert the presenter as soon as you know about the need for a change and ask for their approval. They will be very appreciative if you send a bio and picture of the substitute as quickly as possible.

To ask a question, please write Ask Edna.

© Edna Landau 2011

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Legal Smarts

Thursday, August 25th, 2011

By Edna Landau

To ask a question, please write Ask Edna.

The answers below were prepared with the kind assistance of my good friend and distinguished colleague, attorney Brian Goldstein of FTM Arts Law, to whom I express my heartfelt thanks.

Dear Edna:

I love reading your blog and I had a question that I hope I am not repeating. I am an international student currently studying in the states. I am interested in publishing a cd with cdbaby.com but I am not sure whether it is legal for me to receive money from cd baby from sales while I am a student here. If not, are there any other options for me? Thank you so much for your time. —–Kit

Dear Kit:

Thank you for submitting an excellent question. Visa regulations are in general quite complex and, like most legal issues, depend on an analysis of your specific circumstances. Therefore, it is almost always advisable to seek personal legal advice when trying to understand them.  As a general rule, U.S. law requires an artist to have a visa with work authorization any time an artist performs in the U.S.—even if the artist performs for free or is paid outside of the U.S. The mere act of “performing” triggers the need for work authorization. As a result, performances are almost never permissible on a visitor visa which, by its very nature, contains no work authorization. While recording a live performance in front of an audience would clearly be illegal without work authorization, it’s unclear as to whether or not a recording made in a studio would constitute a “performance”. Regardless, a visa with work authorization is also required any time anyone sells goods in the U.S.  In your case, you have not indicated your current visa status in the U.S. but for the purposes of this blog, we will assume that you are here on an F (student) visa. While F visas do not inherently permit students to perform in the U.S., the student’s school can authorize such work. It may be possible for you to make and sell a recording here if you obtain work authorization from your school to engage in such an activity and it is related to your studies. If your school will not provide you with work authorization, you could still make and distribute a studio recording for promotional purposes, but not sell it. Please note that if you are here on a J (exchange) visa or other type of student visa, different rules may apply as it is up to your sponsoring organization to approve your activities. You might want to approach Volunteer Lawyers for the Arts with your question. They have a legal hotline to field a broad range of questions, Art Law Line, which is fielded five days a week. You can also look at www.artistsfromabroad.org or have a look at the visa information on FTM Art Law’s website, www.FTMArtsLaw-pc.com.

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Dear Edna:

My fellow students and I are often asked to sign consent forms. Sometimes we are told that the wording is very standard and that we have nothing to worry about. Usually these forms are presented to us at the last minute and we end up signing them because it seems like less trouble that way. Those of us who do not speak English as a first language find the legal jargon intimidating and confusing but we don’t want to admit to not understanding it. I was recently handed a release that, if signed, would have granted my consent to the “absolute and irrevocable right and permission to use my name and likeness to reproduce, edit, exhibit, project, display, copyright and publish the moving pictures and/or videotaped images of me with or without my voice and to circulate the same in all forms of a particular filmed show and/or any other lawful purpose whatsoever.” I was also asked to waive any compensation for such consent. I did not sign this release but there is still a negotiation going on. I am wondering: is there such a thing as a standard consent form that would be less one-sided and would give us more control?  —concerned musician

Dear concerned musician:

If there were such a thing as a standard consent form, the world of the performing artist would be a simpler place. In fact, all terms are negotiable. Just because someone tells you a specific form or contract is “standard” does not mean you have to agree.  I understand the emotions you have experienced when someone gave you a form to sign at the eleventh hour and you felt pressured, especially if you thought that the future release of your filmed or recorded performance might have a major impact on your career. However, you should never feel pressured or compelled to sign any agreement or form and you should never grant any right to another party unless you understand everything about how those rights will be used and are comfortable with the terms. If necessary, any future usage can be subject to a separate agreement to be negotiated at a later time. You are always entitled to ask questions. You are also entitled to take the time you need to seek legal advice and you should, either from a personal attorney to whom you have access or via an organization such as Volunteer Lawyers for the Arts (see above). Ultimately, whether it’s an engagement contract, a recording deal, or a consent form, if you want terms that are less one-sided and would give you more control, you are entitled to propose different terms. The words “absolute and irrevocable right and permission” are scary because they would give someone the right to use your name, images, and a recording of your performance for any purpose and at any time in the future, without having to seek your permission or pay you any fees. Your name, image, and recordings have value. Even if you may not be receiving compensation for your performance (by prior agreement), your name and likeness could have significant value as your career grows. The time to take control of this type of situation is right at the start, at the first mention of possible audio or video recording of your interview or performance. If you were not informed that camera crews or recording engineers might film or record your rehearsal, performance or participation in an extended event, such as a festival, you shouldn’t hesitate to speak up and question such an occurrence at first glimpse of a camera or recording microphone. In fact, unless you specifically object, your consent could be implied. You mention that you did not yet sign the release and that there is still a negotiation going on. That may not be enough  to protect you. In any situation where someone presents you with a contract or form, even if you do not sign it, if you proceed with the performance and do not specifically reject the terms you find objectionable or specifically clarify, in writing, which terms are still under negotiation, you may be legally bound by the contract. Oral or implied consent can also be legally binding. A contract need not necessarily be signed.

I hope this information will make you feel more secure and in control when situations like this present themselves in the future.

To ask a question, please write Ask Edna.

© Edna Landau 2011

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