Archive for 2015

Don’t Be Shy About BMI

Wednesday, March 25th, 2015

By Brian Taylor Goldstein, Esq.

Dear Law and Disorder:

Hypothetical: A theatrical production company would like to produce a tribute musical production to a songwriter using only the songwriter’s music being performed by the cast of the production. The production would be held at a community theater which is not licensed by ASCAP or any licensing authority. The production company is unsure of its legal standing in carrying out this this production, and would like some general guidance. Where could they go to determine the requirements, if any.

If any? There are always requirements. I don’t know anything that doesn’t require something in return.

The production company has no legal standing to carry out this production without first obtaining the necessary licenses. If the songs are being performed as part of a “concert” style performance—that is, being sung without props or costumes and not as part of any plot, story, or narrative—then the producer would merely need to get a performance license from whichever one of the three major performance license agencies the songwriter belongs to: ASCAP, BMI, or SESAC. If the songwriter doesn’t belong to one of these (which is unlikely, but possible), then the licenses would need to be obtained from the songwriter directly.

It doesn’t matter whether or not the performance is being held at a community theater or whether or not the community theater holds a license with ASCAP, BMI, or SESAC. Performance licenses must still be obtained and either you (hypothetically, of course) or the theater must obtain them. There is no legal requirement that the venue be the one to obtain performance licenses. While its probably easier for the venue to obtain the licenses, it is the responsibility of all of the parties involved in a production—from the producer and performers to the venues and agents—to ensure that someone obtains the necessary licenses. Otherwise, everyone will be held responsible and, hypothetically, you don’t want that. Also, if this is a production which the production company envisions producing elsewhere, then it probably makes more sense for the production company to get the licenses itself.

If the production company wants to obtain the licenses, it would simply contact ASCAP, BMI, or SESEC directly. However, there are a few additional issues that could quickly change the simple to the sublimely complex:

1) If what you are “hypothetically” envisioning is not so much a concert “tribute”, but, rather, a “juke box musical” where the songs of one composer are used as the score of an actual musical drama or to tell a story (ie: Mamma Mia, Jersey Boys or Beautiful), then neither ASCAP, BMI or SESAC can help you. You will need dramatic licenses, not performance licenses. Dramatic licenses must be obtained directly from the songwriter or the songwriter’s publisher. If this is the case, you should be prepared for a resounding and thunderous “no.”

2) Even if you are planning a more traditional concert tribute such as Side-by-Side-by-Sondheim or An Evening of Andrew Lloyd Webber, many musical theater and other composers have restrictions preventing more than a specific number of their works from being performed as part of the same concert without obtaining additional rights directly from the publisher.

Nevertheless, contacting ASCAP, BMI and/or SESAC is always the best place to start on any licensing journey. Don’t be shy. They want to have their artists’ works get performed as much as you want to perform them. However, they also want to make sure their artists get paid, just like you do. Assuming, of course, that the production company expects to sell tickets, if any.

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For additional information and resources on this and otherGG_logo_for-facebook legal, project management, 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, management, 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 and/or posthumously.

__________________________________________________________________

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!

 

Noted Endeavors with Cellist Joshua Roman – Relationships Pave the Way to Financing Projects

Wednesday, March 25th, 2015

Cellist Joshua Roman talks with Eugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors about the importance of relationships and how those relationships can open doors to realizing projects.

Noted EndeavorsJosh realized the importance of relationships early in his career. Projects such as “On Grace” with Anna Deavere Smith – a work for actor and cello featuring original music composed by Roman, which premiered in February 2012 at San Francisco’s Grace Cathedral and is now performed around the country – were born from relationships. Josh discusses how to develop those relationships and to draw from them advice, a wider circle of contacts, and funding.

For more about Joshua Roman, go to:
www.joshuaroman.com

For more Noted Endeavors videos, go to:
www.notedendeavors.com

My Date with Jury Duty

Friday, March 20th, 2015

By Sedgwick Clark

Next week, for the first time as a citizen of New York County, I shall descend to the lower depths of Manhattan and perform my solemn rite of jury duty without the concomitant joy of combing through the record bins of J & R Music. J & R closed its classical department early last year, leaving Academy Records and CDs on 12 West 18th Street as the sole remaining retail store for New York’s serious classical-music record collectors. For shame!

The closing of a treasured book or record store is no less indicative of mortality than an obit page. Last week the esteemed Berkshire Record Outlet announced that it would close its retail store at the end of this month and henceforth operate solely as a fulfillment operation. A record-collector mecca since 1974, the BRO was a “must visit” whenever I went to Tanglewood in the summer (an increasingly rare pleasure in the past two decades). One saw Boston Symphony players, visiting soloists, concert-going friends from New York, Boston, and the outlying area, and, above all, bins of recordings on various labels that rarely reached these shores.

It was shocking when Discophile, on Eighth Street in Greenwich Village, went out of business in 1984, not long after Tower Records blew into town from the West Coast. Discophile’s owner, Franz Jolowicz, angrily prophesied that it would wipe out all the City’s specialized record stores because they couldn’t compete with Tower’s huge stock and markdown prices. He was right, of course. And I was a turncoat customer because Lincoln Center’s Tower branch claimed to carry every record currently in the catalogue—and it was only a block from my apartment! How could I resist?

When Barnes & Noble opened a vast, four-story branch across the street from Tower in 1995, Lincoln Square seemed perfect. I was in pig heaven for a fleeting decade. But Tower bit the dust in late 2006 as the record industry faced its own customer crises. A Raymour and Flanigan furniture store currently occupies the building. The Barnes & Noble at Lincoln Center had the same problem, bookwise, but its downstairs was a decent record and video department, and I spent a fair amount there in lieu of Tower. It closed in February  2011, destined to be a Century 21 department store. I avert my eyes when I walk by those stores.

Looking Forward

My week’s scheduled concerts (8:00 p.m. unless otherwise noted):

3/20 Carnegie Hall. St. Louis Symphony Orchestra and Chorus/David Robertson; Katie Geissinger and Theo Bleckmann (vocalists). Debussy: Nocturnes. Meredith Monk: Weave (New York premiere). Tchaikovsky: Symphony No. 4.

3/21 at 8:30.  Iridium. David Chesky’s Jazz in the New Harmonic.

3/24 at 7:30. Avery Fisher Hall. New York Philharmonic/Alan Gilbert; Inon Barnatan, piano. Salonen: Nyx. Ravel: Piano Concerto in G. Debussy: Jeux. R. Strauss: Der Rosenkavalier Suite.

3/26 at 7:30. Avery Fisher Hall. New York Philharmonic/Alan Gilbert; Leila Josefowicz, violin. Lyadov: The Enchanted Lake. Stravinsky: Petrushka (1911 version). John Adams: Scheherazade.2 –Symphony for violin and orchestra.

3/27 at 2:00. Verizon Hall at the Kimmel Center, Philadelphia. Philadelphia Orchestra/Gianandrea Noseda; Carol Yantsch, tuba. Michael Daugherty: Reflections on the Mississippi, for tuba and orchestra. Mahler: Symphony No. 5.

Pogorelich Soldiers On

Monday, March 16th, 2015

Ivo Pogorelich

By ANDREW POWELL
Published: March 16, 2015

MUNICH — Ivo Pogorelich wants to continue to play. He has recital programs planned out till 2020. He keeps several concertos in his repertory, the Chopin F-Minor and Prokofiev Third performed here persuasively in recent seasons. He is “pleased,” he writes, about a new box of his old CDs, and he returns to the recording studio “this year” for “Stravinsky, Rachmaninoff, Scriabin and Balakirev.” Trouble is, the comfort zone has shrunk, and the technique, while still prodigious, suffers momentary ruptures, often of meter or rhythm. He has been as a result trashed by The New York Times (“interpretively perverse”) and, last month, London critics. But he shows a samurai’s perseverance.

Yesterday morning at the Prinz-Regenten-Theater, the pearly tones, grace and authority that have always distinguished his playing were much in evidence. Liszt’s Dante Sonata (1849) emerged in deliberate, pensive blocks, each relating to context and not without tension. A sumptuous dissection followed of Schumann’s C-Major Fantasie (1838). Its Mäßig, durchaus energisch movement, taut and powerfully executed, caused an eruption of applause and an acknowledging pianist’s smile. This distanced the third movement, helping cast it as a sequence of reflections, also beautifully traced. After the break, however, the tall Croatian failed to summon the virtuosity required of Stravinsky’s Trois mouvements de Pétrouchka (1921), producing only maddening shreds. To conclude he brought handsome character to the majority of Brahms’s Paganini Variations (1863), albeit with further rhythmic jolts. Scores were open throughout this recital, presented by 50-year-old Bell’Arte. There was nothing mannered (or perverse) about the playing. Indeed the impression was of a quest for truth in each score, hindered only by some undisclosed debility or disquiet.

Photo © Alfonso Batalla

Related posts:
Zimerman Plays Munich
Bumps and Bychkov at MPhil
Ettinger Drives Aida
Volodos the German Romantic
Nézet-Séguin: Hit, Miss

Noted Endeavors with Flutist Linda Chesis – The Nitty-Gritty of Selling Tickets

Friday, March 13th, 2015

Linda Chesis talks with Eugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors about the vehicles for selling tickets effectively.

Noted EndeavorsThe Cooperstown Summer Music Festival in the historic Village of Cooperstown is located in a small town in the heart of central New York with global appeal. Originally famous through its association with The Leatherstocking Tales by author James Fenimore Cooper (son of Cooperstown’s founder William Cooper) it is now the home of the Baseball Hall of Fame and one of the finest Music Festivals in the country. Started by flutist  Linda Chesis in 1999, Cooperstown Summer Music Festival concerts have been featured on Performance Today, America’s most popular classical music radio program, with more than 1.3 million weekly listeners. Linda Chesis is the tireless head of the festival, its Music Director, its host, its champion, and its driving force.

To find out more about The Cooperstown Summer Music Festival go to:
cooperstownmusicfest.org

For more Noted Endeavors videos, go to:
notedendeavors.com

 

Gergiev Prep Hours Clarified

Friday, March 13th, 2015

Munich Philharmonic basses

By ANDREW POWELL
Published: March 13, 2015

MUNICH — This morning the Munich Philharmonic detailed the rehearsal hours put in by Valery Gergiev for a Stravinsky program here in December 2013. They totaled 14¼, a lavish allocation by the heavily branded maestro given his skimpy work in Poland and Russia the same week, to wit:

     Dec. 11, 2013 — day of “unexpected circumstances”
     Dec. 12, 2013 — Warsaw: sole local Gergiev rehearsal for Iolanta and A kékszakállú herceg vára, postponed by a day
     Dec. 13, 2013 — Warsaw: opening night of Tchaikovsky-Bartók double bill
     Dec. 14, 2013 — flight to St Petersburg; evening: Verdi Requiem
     Dec. 15, 2013 — St Petersburg: La traviata
     Dec. 16, 2013 — flight to Munich; late afternoon: 5¾ hours rehearsing Stravinsky
     Dec. 17, 2013 — morning: 6 hours of rehearsals; afternoon: news conference about pedophilia, Putin, and so on
     Dec. 18, 2013 — morning: 2½ hours of rehearsals; evening: Stravinsky concert

The rehearsal details, a response to a question last year, arrived after a vague outline from the orchestra of its quantitative expectations of Gergiev. Late this month the MPhil will announce its first season with the Russian conductor as Chefdirigent, and in May an ad hoc conference is promised at which he will reveal his long-term Ideen, Ziele und Projekte for Munich.

Photo © Wild und Leise

Related posts:
Busy Week
Concert Hall Design Chosen
Maestro, 62, Outruns Players
Jansons! Petrenko! Gergiev!
Pintscher Conducts New Music

The Damaging Truth About Cancellation Damages

Thursday, March 12th, 2015

By Brian Taylor Goldstein, Esq.   

Dear Law and Disorder:

A presenter wants to breach our engagement contract by cancelling. Our cancellation clause says that, in the event of cancellation, we get 50% of the engagement fee or actual damages. They are offering 50%, but at this stage want the full fee.

If you have an engagement contract that has a cancellation clause, and a presenter cancels, then the presenter is not breaching your contract. A contract breach only occurs when someone fails to do something the contract requires (such as pay a deposit) or does something the contract does not permit (such as record a performance). In this case, if your contract has a cancellation clause, then you have given the presenter the right to cancel. So long as the presenter complies with the terms of your cancellation clause, then they are not in breach. They are merely exercising the right you gave them to cancel. If you don’t want them to cancel, don’t give them the right to do so.

According to your cancellation clause, if a presenter elects to cancel, they have to pay you either 50% of the engagement fee or actual damages. However, your actual damages may or may not be the full engagement fee. To determine whether or not you are entitled to the full engagement fee, you first have to calculate your “actual damages.” Actual damages are simply that: your actual out-of-pocket losses from the cancellation of that particular engagement. No more. No less. Calculating “actual damages” involves taking the full engagement fee and subtracting any costs or amounts you saved or did not incur as a result of not having to perform.

In some instances, the “full engagement fee” might include the performance fee as well as other costs, such as the value of travel and/or hotel that the presenter was covering. However, for the sake of simplicity, let’s assume that the full engagement fee was $5000, of which you needed $2000 to cover costs such as travel and equipment, leaving $3000 for profit. If by cancelling, you did not have to incur the travel and equipment costs, that means you saved $2000, and your “actual damages” are $3000. You would only be entitled to the full fee of $5000 if the engagement were cancelled too late for you to save or recoup any of your costs.

However, “actual damages” can never exceed the total value of the full engagement fee. As we all know, sometimes a single cancellation in a larger tour can also have residual implications. What if you were counting on the travel and hotel from a larger presenter to “underwrite” the costs of a smaller engagement fee from another presenter or run-out? If the larger engagement gets cancelled, that may necessitate the cancellation of the smaller one as well, or even the entire tour. Sadly, those losses are not “actual damages.” That’s just called bad planning.

Just because you were counting on something to make an entire tour break even, does make the loss “actual damages.” If the loss of a single engagement will trigger a domino effect, such as the cancellation of the entire tour, then, in addition to “actual damages”, you have suffered “consequential damages.” I know, that doesn’t make sense, but lawyers came up with these concepts hundreds of years ago and contracts still use the same broken terminology. This is the risk inherent in using contractual language you copy from someone else or don’t fully understand. You may inadvertently be using language that makes sense to you, but has a different legal meaning. The solution is simple: use English and be specific—even if it means (perish the thought!) using more words. For example, rather than write “we get 50% or actual damages” write what you mean:

If you cancel the contract, we get either a minimum of 50% of the engagement fee or all of the damages we actual incur as a result of the cancellation, including the cancellation of other engagements and/or any additional costs we must incur for travel, hotel, or other tour expenses, whichever is greater.

Wordier? Yes. Clearer? Indeed. An even clearer solution? Specify at the outset that the engagement is non-cancellable.

__________________________________________________________________

For additional information and resources on this and otherGG_logo_for-facebook legal, project management, 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, management, 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 and/or posthumously.

__________________________________________________________________

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!

 

 

 

 

Leipzig’s Finest

Friday, March 6th, 2015

Julian Rachlin and Riccardo Chailly in Leipzig in January 2015

By ANDREW POWELL
Published: March 6, 2015

MUNICH — Julian Rachlin’s ebullient, craggy, not so lyrical reading of Tchaikovsky’s Violin Concerto held listeners in rapt attention Feb. 17 here at the Gasteig. His tone, rich and glowing, illuminated this view of the essentially blissful score (1878), as did the occasional wabi-sabi rasp or squeal, and his bold rhythmic emphases brought logic to the outer movements. At the same time it was hard to ignore what was happening in the accompaniment. The Leipzig Gewandhaus Orchestra, midway through a lengthy E.U. tour, sounded lush and unanimous of purpose, with fine dynamic shadings and impeccable, apparently instinctive, balances. For diverse reasons — newness of leadership, a technical orientation, artistic chaos — the top Munich orchestras (BStO, BRSO, MPhil) do not currently play this way. More fascinating still was the outward ease with which long-serving Kapellmeister Riccardo Chailly guided the musicians, freely focusing on the soloist. (They are pictured at the Gewandhaus in January.)

The Saxons’ collegiality worked comparable wonders on the second half of this MünchenMusik concert, in Rachmaninoff’s Second Symphony (1907). Chailly animated the sprawling canvas on the basis of the strings, just the opposite of fellow Milanese Gianandrea Noseda’s approach back in November, creating an often voluptuous, blended sound. He obtained eloquent woodwind phrasing without nursing every exposed woodwind line. The brass as a section generally held back, or performed in keen awareness of a complete sound picture. In the percussive and staccato string passages of the scherzo-like second movement, Allegro molto, Chailly enforced a crisp, handsomely contrasted Modernist perspective. If the symphony unfolded with less overt drama than under Noseda, its ingenuity and expressive range came across more fully in this performance. And yes, it sounded more German than Russian.

Photo © Alexander Böhm

Related posts:
Russians Disappoint
Trifonov’s Rach 3 Cocktail
Plush Strings of Luxembourg
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Simon Rattle, the LSO’s Right Choice?

Thursday, March 5th, 2015

By Sedgwick Clark

Thank heavens, at least this move on the musical scrabble board is settled. Local hero Simon Rattle will return home in 2017 from his 16-year Berlin odyssey to become music director of Britain’s foremost musical organization, the London Symphony Orchestra. He describes it as his “last job.”

He is indisputably an international star, with his recent Sibelius symphony cycle with the Berlin Philharmonic in London having sold out months in advance. His pop-culture image is right up there with that of Gustavo Dudamel and Lang Lang, and his magnetic personality and ability to talk about whatever music he performs is second to none, which should keep the box office teeming. He admirably declared in an interview in the Guardian that the LSO must act as evangelists rather than high priests for classical music “and spread the word right across the country.”

It remains to be seen, however, if he is the right man to advance the heritage of fellow Sirs Adrian Boult, John Barbirolli, and Colin Davis as representative of all that’s great in British music-making. His performances of 20th- and 21st-century music are most convincing, but those of the standard repertoire seem to me over-detailed and lacking a taut line. His admirers might call this expressive; I call it flabby. It’s nothing new: I recall a Mahler Second with the Philadelphia Orchestra at Carnegie in November 1997 in which a beaming Rattle seemed completely oblivious that the strings were rarely in sync (probably because they were unused to his left-right placement of first and second violins).

My guess is that the Berlin musicians were less bothered by Rattle’s programming of contemporary music than his meandering readings of the classics. His Beethoven has been most disheartening in this regard, but we’ll see how they do next season when he leads the BPO in a Beethoven symphony cycle at Carnegie. For those who recall Bernard Haitink’s energized Beethoven cycle with the LSO at Lincoln Center in October 2006, he’ll have a lot to live up to.

Originally, Rattle was said to demand that a new hall be built in London for him to accept the post, but he has denied it. Still, his ardor for a new hall is clear, as he stated in a BBC interview: “You have no idea how wonderful an orchestra like the London Symphony Orchestra can sound in a great concert hall.” The raising of money for such a project is daunting but crucial. When the New York Philharmonic returns from an international tour—playing in the likes of Amsterdam’s Concertgebouw or Vienna’s Musikverein—the musicians sound renewed, especially the strings, which produce substantially greater tone and presence. Within a month, their collective sonority has reverted to its accustomed Fisher Hall coarseness, with strident violins, weak lower strings, and glaring brass. New York will get a new hall. London, at least, now will have a conductor determined to force the issue.

Noted Endeavors with Cellist Joshua Roman – Seek Out Your Own Voice

Thursday, March 5th, 2015

Preeminent cellist Joshua Roman talks with Eugenia Zukerman and Emily Ondracek-Peterson of Noted Endeavors about seeking out a personal artistic voice.

Noted EndeavorsCalled “a classical rock star,” by the press, cellist Joshua Roman has earned national renown for performing a wide range of repertoire in multiple genres. A creative artist, he’s dedicated to performance leadership, expanding new work through collaboration, and he’s also recognized as an accomplished curator and programmer. In his work as Artistic Director of Seattle Town Hall’s TownMusic series, his vision is to engage and expand the classical music audience. At the age of 22 Roman became the principal cellist of the Seattle Symphony before launching out on a solo career that makes him one of the most in demand cellists around the world. In 2011 Roman was named a TED Fellow.

For more about Joshua Roman, go to:
JoshuaRoman.com

For more Noted Endeavors videos, go to:
http://notedendeavors.com