11/25/16
I. COLORADO SYMPHONY LOOKS UP – AND SEES MORE CHALLENGES
II. BMI RESPONDS TO DOJ APPEAL OF FRACTIONAL LICENSING RULING
III. NACUSA COMPOSITION SUBMISSIONS FROM EAST COAST MEMBERS
IV. EVENTS
…Absolutely guaranteed anonymity – Former Musician’s Union officer
…The one voice of reason in a sea of insanity – Nashville ‘first call’ scoring musician
…Allows us to speak our minds without fear of reprisal – L.A. Symphonic musician
…Reporting issues the Musicians Union doesn’t dare to mention – National touring musician
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I. COLORADO SYMPHONY LOOKS UP – AND SEES MORE CHALLENGES
Here is quite an interesting and wide ranging article about
the Colorado Symphony. We’re putting the section about
the Colorado Symphony vs. the AFM because of it’s import
the AFM Membership…
Excerpted from the article concerning the AFM:
The symphony plans to expand not only its concert
season, but its work in recording soundtracks and
background music, its work as a backup orchestra
for pop and rock musicians, and more.
The bad news? Well, the Symphony is mired in a
long-standing and complex dispute with the American
Federation of Musicians about these non-concert-hall gigs.
What do you want first – the good news? Okay. The
Colorado Symphony finally posted a budget surplus
for the first time in its history. It’s back from the brink
of death, with a growing multi-million-dollar endowment
and a raft of new and returning corporate sponsors. It’s got
a peppy new music director designate. The symphony plans
to expand not only its concert season, but its work in
recording soundtracks and background music, its work as
a backup orchestra for pop and rock musicians, and more.
The bad news? Well, the Symphony is mired in a long-standing and
complex dispute with the American Federation of Musicians about
these non-concert-hall gigs, for one. And the City of Denver’s going
to tear down the symphony’s home, Boettcher Concert Hall, and
shunt it into a new venue which is half the size and which the
symphony must share with other arts groups. Given these challenges,
can the symphony sustain its successful momentum?
The orchestra is awaiting the decision of an administrative
-law judge in the wake of a September 14 hearing concerning
points of contention between it and the American Federation
of Musicians union. Oddly, Colorado Symphony musicians
are on management’s side in the case. Much of the dispute
stems from the symphony’s desire to diversify its revenue
streams.
In its Consolidated Financial Statements of June 20, 2016,
the symphony characterized the dispute as follows:
“Our collective bargaining agreement with the American
Federation of Musicians of the United States and Canada
(AFM) expired September 30, 2013, after which we attempted
to negotiate in good faith a successor agreement with
changes to certain terms governing the musicians’
compensation for work on SOUNDTRACKS, AUDIO/
VIDEO BROADCASTS AND OTHER ELECTRONIC MEDIA
(emphasis added), which were necessary to allow the
Symphony to take advantage of new and emerging
performance opportunities. We were unable to reach
agreement with the AFM, and, therefore, we implemented
the changes in October 2014.”
“The American Federation of Musicians tends to foster
that ‘us versus them’ mentality,” says Kern. “It thinks
that it knows better what’s good for the organization
and the musicians. Management is viewed negatively –
but that’s not what goes on here. We have more of a
partnership with the musicians than any orchestra
in the United States.”
Meanwhile, Michael Allen, president of AFM Local 20-623,
writes that “Everything I know about this dispute fills
up four 1.5-inch three-ring binders.” The allegations
involved include unfair labor practice charges, employer
domination and refusal to furnish information. Colorado
Symphony musicians are also looking to EXIT AFM
REPRESENTATION (Emphasis added.), but this idea can’t
be pursued legally until the prior litigation is ended.”
[COLLEAGUES: Reading the above makes it clear that the
Colorado Symphony wants to begin recording for
Soundtracks and Video, but the AFM is trying to block
that (You can guess whom they are working on behalf of
here). So much so that the orchestra is trying to find
a way to free itself from the AFM, much as Seattle did.]
“ . . .The matter currently before the administrative law
judge is regarding the unfair labor practice charge and
NOT the issue of representation,” Allen writes, “though
the outcome of the hearings will certainly have on
impact on the issue of representation.”
THE ARTICLE IN FULL:
Denver’s symphony orchestra has always ridden a sine wave of ups
and downs. It originated as the Civic Symphony Orchestra, a
volunteer community ensemble. In 1934, the group professionalized
itself under the name of the Denver Symphony Orchestra. As such,
it persisted until March 1989, brought low by financial woes.
DSO musicians Terry Smith and John Weatherill led the initiative
to regroup, and the Colorado Symphony sprang to life in the
DSO’s place in May 1990.
However, the Colorado Symphony eventually faced financial
hardships. A spate of financial problems threatened the
organization in 2000. Eleven years later, a renewed shortfall
of revenue triggered the cancellation of concerts and the
resignation of two-thirds of the symphony’s board of trustees.
The emergence of Jerry and Mary Rossick Kern, current
co-chairs of the board, over the past fifteen years as
problem-solvers led to the symphony’s newfound
financial stability.
“It’s great to have cash in the bank,” says Jerry Kern, who
serves as the symphony’s CEO as well. “The place was never
adequately capitalized and adequately supported by the
community. We have come a long way toward resolving that.”
On June 30, 2015, the symphony ended the season with
$7,000 in cash – just enough to buy a 2006 Honda Civic,
in theory. On June 30, 2016, the surplus stands at more
than $1.7 million. Any organization, particularly an arts
organization, that can demonstrate a higher net worth
enjoys a more solid financial position and inspires greater
interest from potential contributors.
“Erasing the deficit expands the prospective donor base,”
Kern says. “It’s like the stock market. It takes money to
make money.”
Kern’s speech has the crackle and tang of old-school
New York, where he plied a successful career as a lawyer
(he’s now in his late seventies). Extensive work with
nonprofits and performing-arts organizations gives
him a unique amount of experience and insight as
to what works and what doesn’t in what is, after all,
a branch of showbiz.
“We make music and that’s it,” he says. “We feel that
it’s our obligation to create the best of whatever music
is out there. We happen to make the best music in
the state of Colorado.”
Much of the symphony’s success can be attributed to
its adaptability. Kern was quoted in the Denver Post
on October 12, 2011, as saying, “’The 21st-century
orchestra is not going to be the same as the 19th-
or 20th-century orchestra.’” Like many other symphony
orchestras across North America, the Colorado Symphony
has diversified its offerings to include a much greater
portion of contemporary fare.
A flip through the symphony’s 2016-2017 season calendar
tallies a near-even split between what would traditionally
be considered “serious” concert-hall fare and crossover events –
collaborations with contemporary groups and artists such
as Elephant Revival, Stewart Copeland and Ben Folds, pop
and jazz excursions and holiday shows. There is a Symphonic
Tribute to Comic Con, The Music of Michael Jackson, and
Pokemon Symphonic Evolutions. The symphony’s upcoming
Harry Potter and the Sorcerer’s Stone: In Concert sold out
its first two performances, then added a third and promptly
sold that out.
So what’s wrong with being popular? All of Denver’s
symphonic leaders of distinction to date have been dedicated
to popularizing the organization. Saul Caston, DSO music
director from 1945-1964, took the orchestra on tour,
initiated school outreach plans, and performed outdoors
at Red Rocks Amphitheatre. Brian Priestman, a beloved
and ebullient Brit, led the orchestra from 1970 to 1979,
garnering the greatest amount of community support to
date. (Classical station KVOD and dry-goods giant May
D & F used to raise money through a weekend-long
annual marathon. The orchestra even used to have a
kissing booth at the People’s Fair.) Marin Alsop, a disciple
of Leonard Bernstein, scheduled new work, led engaging
outreach programs, recorded extensively with the
orchestra for the Naxos label, and effectively evangelized
for the local classical scene from 1993 to 2005.
Now the musical directorship will transfer to the present
associate conductor of the Cleveland Orchestra, 37-year-old
Brett Mitchell, who takes up the position formally on July
1, 2017. Is Mitchell the kind of committed, charismatic
leader the symphony needs?
Kern is a staunch supporter, of course. “When you look at
a guy like Brett Mitchell, who’s committed to spending no
less than 25 weeks a year in Denver, to move here with his
wife, well, we haven’t had that since Marin Alsop,” he says.
“It’s not my first rodeo,” says Mitchell, who’s currently braving
Denver’s insane housing market. In a short span of years, the
conductor has accumulated a significant amount of experience,
ranging from opera to leading the Cleveland Orchestra’s
Youth Orchestra. He’s excited about the challenge ahead,
praises the musicians (“They’ve been doing their part in
this place for so long that it’s a labor of love”) and looks
forward to conducting the full range of concert offerings.
“Hey,” the Seattle native says, “I am not the guy who did
nothing but listen to Mozart growing up.” He confesses to
playing a little alto sax à la David Sanborn – “Hey, it was the
’80s!” – but he didn’t really feel the impulse to conduct
until his freshman year in college.
“At first I thought I would be a band teacher,” he says.
“Mr. Holland’s Opus.” Once he determined his career path,
he studied extensively with such prominent conductors
as Alsop, Kurt Masur and Lorin Maazel. However, he
doesn’t disdain the popular fare.
“I think that, having been a staff conductor, I’ve played just
about every kind of music there is for orchestra, and I love
it all,” Mitchell continues. “I want to do the pop shows and
the movies. My interest is to appear on every series, not
just the masterworks. Those works need to be performed
with the enthusiasm they deserve because they mean
something. I mean, John Williams [composer of Star Wars
et al.] was my intro to orchestra. That’s a gateway.
Developing a broad footprint, having enormous diversity
and variety — those are gateways.
“With an audience, you need to develop relatability,”
he goes on. “If you are doing the same thing over
and over again, people can shut you out. The way
that we have it is not as a museum, but as part of
a continuum. How do you make music that opens
ears in a new way that doesn’t make it intimidating?
We want to be responsive, not reactive. We’re not
dumbing down anything at all. The presentation is
managed differently, and there’s more salesmanship
to it. We’re just trying to have fun and share these
extraordinary experiences.”
So far, so good. All is not beer and Skittles for the
symphony, however.
The orchestra is awaiting the decision of an administrative
-law judge in the wake of a September 14 hearing concerning
points of contention between it and the American Federation
of Musicians union. Oddly, Colorado Symphony musicians
are on management’s side in the case. Much of the dispute
stems from the symphony’s desire to diversify its revenue
streams.
In its Consolidated Financial Statements of June 20, 2016,
the symphony characterized the dispute as follows:
“Our collective bargaining agreement with the American
Federation of Musicians of the United States and Canada
(AFM) expired September 30, 2013, after which we attempted
to negotiate in good faith a successor agreement with
changes to certain terms governing the musicians’
compensation for work on soundtracks, audio/video
broadcasts and other electronic media, which were
necessary to allow the Symphony to take advantage of
new and emerging performance opportunities. We
were unable to reach agreement with the AFM, and,
therefore, we implemented the changes in October 2014.”
“The American Federation of Musicians tends to foster
that ‘us versus them’ mentality,” says Kern. “It thinks
that it knows better what’s good for the organization
and the musicians. Management is viewed negatively –
but that’s not what goes on here. We have more of a
partnership with the musicians than any orchestra
in the United States.”
Meanwhile, Michael Allen, president of AFM Local 20-623,
writes that “Everything I know about this dispute fills
up four 1.5-inch three-ring binders.” The allegations
involved include unfair labor practice charges, employer
domination and refusal to furnish information. Colorado
Symphony musicians are also looking to exit AFM
representation, but this idea can’t be pursued legally
until the prior litigation is ended.”
“ . . .The matter currently before the administrative law
judge is regarding the unfair labor practice charge and
NOT the issue of representation,” Allen writes, “though
the outcome of the hearings will certainly have on
impact on the issue of representation.”
Then there’s Boettcher. It was the first symphony hall
in the round in the United States when it was built in
1978, and since it opened, its innovative design was
constantly overshadowed by acoustical problems and
a lack of attendance. A $40 million project to upgrade
the facility, funded by a 2007 bond issue, was scrapped
by the city, and the funds were diverted to other projects.
Now the city plans to demolish Boettcher and relocate the
orchestra to a new music hall, “supporting the Symphony
and also a diverse range of other musical groups and
forms. This hall replaces Boettcher Concert Hall, offering
a better and more intimate experience, appropriate in
size and form for traditional and contemporary groups,”
according to the Executive Summary of the city’s Arts &
Venues Department’s Next Stage plan.
Next Stage is a massive revitalization plan that intends
to rework the cultural center in and around 14th and
Champa Streets into an integrated, mixed-use neighborhood,
leaving the Denver Center Theatre Complex, the Ellie Caulkins
Opera House and the Buell Theatre unchanged, but making
over practically everything else. Three newly designated
“opportunity sites” will sandwich arts venues between
ground-level retail spaces and commercial towers above.
“The new image of the Arts Complex is that of a community
living room,” announces the 88-page Next Stage prospectus.
“DPAC’s fortress-like enclosure should become a place that
is always open and always active with informal programming.”
The symphony and the city have been at loggerheads on
the issue since the plan was first rumored in 2014. The
city points to the low seat counts, “changing demographics
that have different cultural consumption patterns,” and
the “declining audiences for traditional performing arts,”
going so far as to cite the complex’s present “economic
and racial inaccessibility” – a long way of saying its
events are geared toward rich white folks.
Architect Hugh Hardy, who designed Boettcher and whose
company is on board with the Next Stage plan, was more
explicit. “The specific character of the Arts Complex
will come from its emphasis upon use by the largest
possible cross-section of the community, amateur
and professional alike, and not upon the use by a
favored few,” he writes. “The true innovation of the
Music Hall will similarly lie in the fact that it is being
built to encourage the citizens of Denver to share in
the making of music. Such an idea is quite different
from using the hall as a device for furthering the
remote presentations of a musical aristocracy.”
In response, Kern has termed Next Stage “poor civic
planning.” Boettcher has 2,362 seats. The new music
hall is slated to have 1,200. There sits the practical
crux of two differing visions. If the symphony’s
revival continues and ticket sales and subscriptions
rise — where will the patrons sit?
“We would like to see more seats, maybe 1,500.
It’s a little unclear, or a lot unclear, what shape
the Next Stage plan will finally take or how long
it will take,” says Kern. “Right now, it’s a
construct of the consultants.”
Bran Kitts, director of marketing and communications
for the city’s Arts & Venues Department, says: “We
are now in the post-conceptual, pre-practical stage.
Recommendations on financing and governance are
due to the mayor’s office by the end of the year.”
“One of the down sides of the performing complex,”
Kitts continues, “is that it’s busy on show nights,
but not particularly inviting on dark nights. We are
looking to make the area a focal point, to have good
community facilities there, so that people feel they
have a standing invitation to visit.”
As to the need to tear down Boettcher, Kitts identifies
problems such as its flawed acoustics, staging and
setup problems, and lack of attendance.
“If they’re not full to begin with now, you scale them
down,” Kitts says. “You take some of these complaints
into account, and you also look into the future. What
does the technology look like? That factors in. We
have to think about younger audiences, not just
older audiences, and not just the musicians, but
the patrons and fans.”
Kern says, “We need a home. We are happy to
cooperate with the city – as long as people
continue to listen to us and recognize our needs.”
The city states that “it is envisioned that the Boettcher
Concert Hall will remain operational until after the
construction of the Music Hall . . . at 14th and
Arapahoe.” Whether the city is simply trying to
monetize its underused property with its Next Stage
plan, or whether it will trigger a new flowering of
the symphony, a fresh intersection between the arts
and all of the city’s inhabitants, remains to be seen.
In the meantime, the symphony will continue to
implement its own revitalization program, playing
in the aging confines of its once-state-of-the-art
home, waiting to see what its new digs will look like,
hoping that its labor disputes will end, freeing it
up to monetize new, non-standard musical opportunities.
And what about the traditional repertoire? Is the
great orchestral music of the past doomed to fade
out of the cultural conversation? Given the new
political climate, the future looks bright for neither
the arts nor the sciences. Is the concert hall, like
the movie palace, merely a lingering cultural remnant
where dwindling audiences still fetishize their antiquated
cultural ceremonies?
Says Mitchell, “We are always lamenting that this tradition
is going away, but it’s not. Did you know that TIME
magazine pronounced the death of classical music?
They did! — in 1961.”
It appears that the Colorado Symphony will continue
to roll with the punches.
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II. US DEPARTMENT OF JUSTICE TO APPEAL 100% LICENSING AGREEMENT
The US Department Of Justice has confirmed it will appeal the
impromptu court ruling that overturned its decision on whether
or not American collecting societies BMI and ASCAP must
operate a 100% licensing system.
All you consent decree fans out there will remember that
when the DoJ reviewed the regulations governing the
collective licensing of song rights by American performing
rights organisations BMI and ASCAP, it concluded earlier this
year that both societies should be offering 100% licences.
But the two societies, and pretty much every American
songwriter and music publisher, insisted the government
department had got it wrong, wrong, wrong.
Under a BMI licence, 100% licensing would mean that a
licensee would be able to use any song in the society’s
catalogue, even if BMI only controlled a slice of said song.
Traditionally the licensee would need a separate license
from whichever entity or entities controlled the other
slices of a co-owned work, which might be ASCAP or
smaller American PROs SESAC or GMR. Under the 100%
licensing system, BMI would receive all the royalties and
would then need to pay the other societies their share.
As soon as the DoJ confirmed its conclusion on this point,
ASCAP said it would lobby Congress on the issue, while
BMI took the matter to court. In September, at what was
expected to be hearing to discuss the time tabling for
that court case, the judge who oversees the BMI consent
decree, Louis Stanton, reached an immediate surprise
judgement, ruling in BMI’s favour. The DoJ had got it
wrong with all that 100% licensing nonsense, and BMI
was perfectly entitled to operate the opposite system,
aka fractional licensing.
The DoJ’s appeal means that Stanton’s interpretation
of BMI’s consent decree will now be considered by the
Second Circuit court. BMI said on Friday that the
government agency’s decision to appeal the ruling
was “disappointing” but not a surprise. BMI boss Mike
O’Neill added: “While we hoped the DoJ would accept
Judge Stanton’s decision, we are not surprised it
chose to file an appeal”.
He went on: “It is unfortunate that the DoJ continues
to fight for an interpretation of BMI’s consent decree
that is at odds with hundreds of thousands of
songwriters and composers, the country’s two
largest performing rights organisations, numerous
publishers and members of the music community,
members of Congress, a US Governor, the US
Copyright Office and, in Judge Stanton, a federal
judge. We believe Judge Stanton’s decision is
correct and look forward to defending our position
in the Court Of Appeals for the Second Circuit”.
Rival PRO ASCAP backs BMI on this issue, the
assumption being that if a court rules in BMI’s
favour on 100% licensing, the same principle
will have to be applied to its consent decree.
Its CEO, Beth Matthews, said this weekend: “The
Second Circuit’s ruling in this case will affect the
rights of more than a million American songwriters
and composers, thousands of whom have expressed
strong opposition to the DoJ’s position, and we are
hopeful the court will affirm Judge Stanton’s decision”.
She concluded that “ASCAP looks forward to resolution
of this matter as we continue to advocate for modernising
the consent decrees for today’s world”.
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III. NACUSA COMPOSITION SUBMISSIONS FROM EAST COAST MEMBERS
Plans are being made to sponsor one concert in New York City during
the 2017 spring season. The event will mark and celebrate NACUSA’s
84th season.
The program will feature works by composers who are current members
of the East Coast Chapter of the National Association of Composers, USA.
Composers interested in participating in these programs are invited
to submit scores for consideration to:
MAX LIFCHITZ
Chair, Program Committee
P.O. Box 5108
Albany, NY 12205-0108
The deadline for the receipt of scores is Thursday, December 1, 2016.
Compositions for voice, solo instruments and/or chamber ensembles will
be considered.
All scores should be clearly labeled with the name, address, current
phone number and e-mail of the composer.
Please submit xerox copies of scores only. Do not send parts. Include
a brief up-to-date biographical sketch. If available, please also send
a CD recording of the submitted work(s). Submitted materials cannot
be returned.
Composers will be responsible for engaging and paying their performers.
Composers will also be responsible for supervising rehearsals and
performance of their work. The East Coast Chapter of NACUSA can only
assume responsibility for expenses involved in renting the hall,
printing programs and publicity.
Current members of NACUSA‚s East Coast Chapter will be considered for
inclusion. Only members who have paid their dues for 2016-17 will be
onsidered. Scores should be accompanied by a check for $30 to cover
East Coast Chapter dues.
Please make check payable to the National Association of Composers,
USA. In the lower left corner of the check, please indicate that
it is for East Coast Chapter dues.
Prospective members are encouraged to submit works, but should do
so with accompanying membership fee.
Composers whose works are selected will be notified by January
15, 2017.
The National Association of Composers, USA will celebrate its
84th anniversary during the 2016-17 season. Founded by composer/
conductor Henry Hadley, it began its activities in New York
City during the 1932-33 season.
Max Lifchitz
http://www.music-usa.org/nacusa
(more…)