{"id":314,"date":"2016-11-25T23:02:30","date_gmt":"2016-11-26T06:02:30","guid":{"rendered":"http:\/\/www.responsible47.com\/?p=314"},"modified":"2016-11-25T23:02:30","modified_gmt":"2016-11-26T06:02:30","slug":"colorado-symphony-doj-appeal-nacusa-competition-events","status":"publish","type":"post","link":"http:\/\/www.responsible47.com\/?p=314","title":{"rendered":"COLORADO SYMPHONY \/ DOJ APPEAL \/ NACUSA COMPETITION \/ EVENTS"},"content":{"rendered":"<p>11\/25\/16<\/p>\n<p>I. COLORADO SYMPHONY LOOKS UP &#8211; AND SEES MORE CHALLENGES<br \/>\nII. BMI RESPONDS TO DOJ APPEAL OF FRACTIONAL LICENSING RULING<br \/>\nIII. NACUSA COMPOSITION SUBMISSIONS FROM EAST COAST MEMBERS<br \/>\nIV. EVENTS<\/p>\n<p>&nbsp;<\/p>\n<p>&#8230;Absolutely guaranteed anonymity &#8211; Former Musician&#8217;s Union officer<\/p>\n<p>&#8230;The one voice of reason in a sea of insanity &#8211; Nashville &#8216;first call&#8217;\u2028scoring musician<\/p>\n<p>&#8230;Allows us to speak our minds without fear of reprisal &#8211; L.A. Symphonic musician<\/p>\n<p>&#8230;Reporting issues the Musicians Union doesn&#8217;t dare to mention &#8211; National touring musician<\/p>\n<p>=============================================<\/p>\n<p>I. COLORADO SYMPHONY LOOKS UP &#8211; AND SEES MORE CHALLENGES<\/p>\n<p>Here is quite an interesting and wide ranging article about<br \/>\nthe Colorado Symphony. We&#8217;re putting the section about<br \/>\nthe Colorado Symphony vs. the AFM because of it&#8217;s import<br \/>\nthe AFM Membership&#8230;<\/p>\n<p>Excerpted from the article concerning the AFM:<\/p>\n<p>The symphony plans to expand not only its concert<br \/>\nseason, but its work in recording soundtracks and<br \/>\nbackground music, its work as a backup orchestra<br \/>\nfor pop and rock musicians, and more.<\/p>\n<p>The bad news? Well, the Symphony is mired in a<br \/>\nlong-standing and complex dispute with the American<br \/>\nFederation of Musicians about these non-concert-hall gigs.<\/p>\n<p>What do you want first \u2013 the good news? Okay. The<br \/>\nColorado Symphony finally posted a budget surplus<br \/>\nfor the first time in its history. It\u2019s back from the brink<br \/>\nof death, with a growing multi-million-dollar endowment<br \/>\nand a raft of new and returning corporate sponsors. It\u2019s got<br \/>\na peppy new music director designate. The symphony plans<br \/>\nto expand not only its concert season, but its work in<br \/>\nrecording soundtracks and background music, its work as<br \/>\na backup orchestra for pop and rock musicians, and more.<\/p>\n<p>The bad news? Well, the Symphony is mired in a long-standing and<br \/>\ncomplex dispute with the American Federation of Musicians about<br \/>\nthese non-concert-hall gigs, for one. And the City of Denver\u2019s going<br \/>\nto tear down the symphony\u2019s home, Boettcher Concert Hall, and<br \/>\nshunt it into a new venue which is half the size and which the<br \/>\nsymphony must share with other arts groups. Given these challenges,<br \/>\ncan the symphony sustain its successful momentum?<\/p>\n<p>The orchestra is awaiting the decision of an administrative<br \/>\n-law judge in the wake of a September 14 hearing concerning<br \/>\npoints of contention between it and the American Federation<br \/>\nof Musicians union. Oddly, Colorado Symphony musicians<br \/>\nare on management\u2019s side in the case. Much of the dispute<br \/>\nstems from the symphony\u2019s desire to diversify its revenue<br \/>\nstreams.<br \/>\nIn its Consolidated Financial Statements of June 20, 2016,<br \/>\nthe symphony characterized the dispute as follows:<\/p>\n<p>\u201cOur collective bargaining agreement with the American<br \/>\nFederation of Musicians of the United States and Canada<br \/>\n(AFM) expired September 30, 2013, after which we attempted<br \/>\nto negotiate in good faith a successor agreement with<br \/>\nchanges to certain terms governing the musicians&#8217;<br \/>\ncompensation for work on SOUNDTRACKS, AUDIO\/<br \/>\nVIDEO BROADCASTS AND OTHER ELECTRONIC MEDIA<br \/>\n(emphasis added), which were necessary to allow the<br \/>\nSymphony to take advantage of new and emerging<br \/>\nperformance opportunities. We\u00a0 were unable to reach<br \/>\nagreement with the AFM, and, therefore, we implemented<br \/>\nthe changes in October 2014.\u201d<\/p>\n<p>\u201cThe American Federation of Musicians tends to foster<br \/>\nthat \u2018us versus them\u2019 mentality,\u201d says Kern. \u201cIt thinks<br \/>\nthat it knows better what\u2019s good for the organization<br \/>\nand the musicians. Management is viewed negatively \u2013<br \/>\nbut that\u2019s not what goes on here. We have more of a<br \/>\npartnership with the musicians than any orchestra<br \/>\nin the United States.\u201d<\/p>\n<p>Meanwhile, Michael Allen, president of AFM Local 20-623,<br \/>\nwrites that \u201cEverything I know about this dispute fills<br \/>\nup four 1.5-inch three-ring binders.\u201d The allegations<br \/>\ninvolved include unfair labor practice charges, employer<br \/>\ndomination and refusal to furnish information. Colorado<br \/>\nSymphony musicians are also looking to EXIT AFM<br \/>\nREPRESENTATION (Emphasis added.), but this idea can\u2019t<br \/>\nbe pursued legally until the prior litigation is ended.\u201d<\/p>\n<p>[COLLEAGUES: Reading the above makes it clear that the<br \/>\nColorado Symphony wants to begin recording for<br \/>\nSoundtracks and Video, but the AFM is trying to block<br \/>\nthat (You can guess whom they are working on behalf of<br \/>\nhere). So much so that the orchestra is trying to find<br \/>\na way to free itself from the AFM, much as Seattle did.]<\/p>\n<p>\u201c . . .The matter currently before the administrative law<br \/>\njudge is regarding the unfair labor practice charge and<br \/>\nNOT the issue of representation,\u201d Allen writes, \u201cthough<br \/>\nthe outcome of the hearings will certainly have on<br \/>\nimpact on the issue of representation.\u201d<\/p>\n<p>THE ARTICLE IN FULL:<\/p>\n<p>Denver\u2019s symphony orchestra has always ridden a sine wave of ups<br \/>\nand downs. It originated as the Civic Symphony Orchestra, a<br \/>\nvolunteer community ensemble. In 1934, the group professionalized<br \/>\nitself under the name of the Denver Symphony Orchestra. As such,<br \/>\nit persisted until March 1989, brought low by financial woes.<br \/>\nDSO musicians Terry Smith and John Weatherill led the initiative<br \/>\nto regroup, and the Colorado Symphony sprang to life in the<br \/>\nDSO\u2019s place in May 1990.<\/p>\n<p>However, the Colorado Symphony eventually faced financial<br \/>\nhardships. A spate of financial problems threatened the<br \/>\norganization in 2000. Eleven years later, a renewed shortfall<br \/>\nof revenue triggered the cancellation of concerts and the<br \/>\nresignation of two-thirds of the symphony\u2019s board of trustees.<br \/>\nThe emergence of Jerry and Mary Rossick Kern, current<br \/>\nco-chairs of the board, over the past fifteen years as<br \/>\nproblem-solvers led to the symphony\u2019s newfound<br \/>\nfinancial stability.<\/p>\n<p>\u201cIt\u2019s great to have cash in the bank,\u201d says Jerry Kern, who<br \/>\nserves as the symphony\u2019s CEO as well. \u201cThe place was never<br \/>\nadequately capitalized and adequately supported by the<br \/>\ncommunity. We have come a long way toward resolving that.\u201d<\/p>\n<p>On June 30, 2015, the symphony ended the season with<br \/>\n$7,000 in cash \u2013 just enough to buy a 2006 Honda Civic,<br \/>\nin theory. On June 30, 2016, the surplus stands at more<br \/>\nthan $1.7 million. Any organization, particularly an arts<br \/>\norganization, that can demonstrate a higher net worth<br \/>\nenjoys a more solid financial position and inspires greater<br \/>\ninterest from potential contributors.<\/p>\n<p>\u201cErasing the deficit expands the prospective donor base,\u201d<br \/>\nKern says. \u201cIt\u2019s like the stock market. It takes money to<br \/>\nmake money.&#8221;<\/p>\n<p>Kern\u2019s speech has the crackle and tang of old-school<br \/>\nNew York, where he plied a successful career as a lawyer<br \/>\n(he&#8217;s now in his late seventies). Extensive work with<br \/>\nnonprofits and performing-arts organizations gives<br \/>\nhim a unique amount of experience and insight as<br \/>\nto what works and what doesn\u2019t in what is, after all,<br \/>\na branch of showbiz.<\/p>\n<p>\u201cWe make music and that\u2019s it,\u201d he says. \u201cWe feel that<br \/>\nit\u2019s our obligation to create the best of whatever music<br \/>\nis out there. We happen to make the best music in<br \/>\nthe state of Colorado.\u201d<\/p>\n<p>Much of the symphony\u2019s success can be attributed to<br \/>\nits adaptability. Kern was quoted in the Denver Post<br \/>\non October 12, 2011, as saying, \u201c\u2019The 21st-century<br \/>\norchestra is not going to be the same as the 19th-<br \/>\nor 20th-century orchestra.\u2019\u201d Like many other symphony<br \/>\norchestras across North America, the Colorado Symphony<br \/>\nhas diversified its offerings to include a much greater<br \/>\nportion of contemporary fare.<\/p>\n<p>A flip through the symphony\u2019s 2016-2017 season calendar<br \/>\ntallies a near-even split between what would traditionally<br \/>\nbe considered \u201cserious\u201d concert-hall fare and crossover events \u2013<br \/>\ncollaborations with contemporary groups and artists such<br \/>\nas Elephant Revival, Stewart Copeland and Ben Folds, pop<br \/>\nand jazz excursions and holiday shows. There is a Symphonic<br \/>\nTribute to Comic Con, The Music of Michael Jackson, and<br \/>\nPokemon Symphonic Evolutions. The symphony\u2019s upcoming<br \/>\nHarry Potter and the Sorcerer\u2019s Stone: In Concert sold out<br \/>\nits first two performances, then added a third and promptly<br \/>\nsold that out.<\/p>\n<p>So what\u2019s wrong with being popular? All of Denver\u2019s<br \/>\nsymphonic leaders of distinction to date have been dedicated<br \/>\nto popularizing the organization. Saul Caston, DSO music<br \/>\ndirector from 1945-1964, took the orchestra on tour,<br \/>\ninitiated school outreach plans, and performed outdoors<br \/>\nat Red Rocks Amphitheatre. Brian Priestman, a beloved<br \/>\nand ebullient Brit, led the orchestra from 1970 to 1979,<br \/>\ngarnering the greatest amount of community support to<br \/>\ndate. (Classical station KVOD and dry-goods giant May<br \/>\nD &amp; F used to raise money through a weekend-long<br \/>\nannual marathon. The orchestra even used to have a<br \/>\nkissing booth at the People\u2019s Fair.) Marin Alsop, a disciple<br \/>\nof Leonard Bernstein, scheduled new work, led engaging<br \/>\noutreach programs, recorded extensively with the<br \/>\norchestra for the Naxos label, and effectively evangelized<br \/>\nfor the local classical scene from 1993 to 2005.<\/p>\n<p>Now the musical directorship will transfer to the present<br \/>\nassociate conductor of the Cleveland Orchestra, 37-year-old<br \/>\nBrett Mitchell, who takes up the position formally on July<br \/>\n1, 2017. Is Mitchell the kind of committed, charismatic<br \/>\nleader the symphony needs?<\/p>\n<p>Kern is a staunch supporter, of course. \u201cWhen you look at<br \/>\na guy like Brett Mitchell, who\u2019s committed to spending no<br \/>\nless than 25 weeks a year in Denver, to move here with his<br \/>\nwife, well, we haven\u2019t had that since Marin Alsop,\u201d he says.<\/p>\n<p>\u201cIt\u2019s not my first rodeo,\u201d says Mitchell, who\u2019s currently braving<br \/>\nDenver\u2019s insane housing market. In a short span of years, the<br \/>\nconductor has accumulated a significant amount of experience,<br \/>\nranging from opera to leading the Cleveland Orchestra\u2019s<br \/>\nYouth Orchestra. He\u2019s excited about the challenge ahead,<br \/>\npraises the musicians (\u201cThey\u2019ve been doing their part in<br \/>\nthis place for so long that it\u2019s a labor of love\u201d) and looks<br \/>\nforward to conducting the full range of concert offerings.<\/p>\n<p>\u201cHey,\u201d the Seattle native says, \u201cI am not the guy who did<br \/>\nnothing but listen to Mozart growing up.\u201d He confesses to<br \/>\nplaying a little alto sax \u00e0 la David Sanborn \u2013 \u201cHey, it was the<br \/>\n&#8217;80s!\u201d \u2013 but he didn\u2019t really feel the impulse to conduct<br \/>\nuntil his freshman year in college.<\/p>\n<p>\u201cAt first I thought I would be a band teacher,\u201d he says.<br \/>\n\u201cMr. Holland\u2019s Opus.\u201d Once he determined his career path,<br \/>\nhe studied extensively with such prominent conductors<br \/>\nas Alsop, Kurt Masur and Lorin Maazel. However, he<br \/>\ndoesn\u2019t disdain the popular fare.<\/p>\n<p>\u201cI think that, having been a staff conductor, I\u2019ve played just<br \/>\nabout every kind of music there is for orchestra, and I love<br \/>\nit all,\u201d Mitchell continues. \u201cI want to do the pop shows and<br \/>\nthe movies. My interest is to appear on every series, not<br \/>\njust the masterworks. Those works need to be performed<br \/>\nwith the enthusiasm they deserve because they mean<br \/>\nsomething. I mean, John Williams [composer of Star Wars<br \/>\net al.] was my intro to orchestra. That\u2019s a gateway.<br \/>\nDeveloping a broad footprint, having enormous diversity<br \/>\nand variety \u2014 those are gateways.<\/p>\n<p>\u201cWith an audience, you need to develop relatability,&#8221;<br \/>\nhe goes on. &#8220;If you are doing the same thing over<br \/>\nand over again, people can shut you out. The way<br \/>\nthat we have it is not as a museum, but as part of<br \/>\na continuum. How do you make music that opens<br \/>\nears in a new way that doesn\u2019t make it intimidating?<br \/>\nWe want to be responsive, not reactive. We\u2019re not<br \/>\ndumbing down anything at all. The presentation is<br \/>\nmanaged differently, and there\u2019s more salesmanship<br \/>\nto it. We\u2019re just trying to have fun and share these<br \/>\nextraordinary experiences.\u201d<\/p>\n<p>So far, so good. All is not beer and Skittles for the<br \/>\nsymphony, however.<\/p>\n<p>The orchestra is awaiting the decision of an administrative<br \/>\n-law judge in the wake of a September 14 hearing concerning<br \/>\npoints of contention between it and the American Federation<br \/>\nof Musicians union. Oddly, Colorado Symphony musicians<br \/>\nare on management\u2019s side in the case. Much of the dispute<br \/>\nstems from the symphony\u2019s desire to diversify its revenue<br \/>\nstreams.<br \/>\nIn its Consolidated Financial Statements of June 20, 2016,<br \/>\nthe symphony characterized the dispute as follows:<\/p>\n<p>\u201cOur collective bargaining agreement with the American<br \/>\nFederation of Musicians of the United States and Canada<br \/>\n(AFM) expired September 30, 2013, after which we attempted<br \/>\nto negotiate in good faith a successor agreement with<br \/>\nchanges to certain terms governing the musicians&#8217;<br \/>\ncompensation for work on soundtracks, audio\/video<br \/>\nbroadcasts and other electronic media, which were<br \/>\nnecessary to allow the Symphony to take advantage of<br \/>\nnew and emerging performance opportunities. We<br \/>\nwere unable to reach agreement with the AFM, and,<br \/>\ntherefore, we implemented the changes in October 2014.\u201d<\/p>\n<p>\u201cThe American Federation of Musicians tends to foster<br \/>\nthat \u2018us versus them\u2019 mentality,\u201d says Kern. \u201cIt thinks<br \/>\nthat it knows better what\u2019s good for the organization<br \/>\nand the musicians. Management is viewed negatively \u2013<br \/>\nbut that\u2019s not what goes on here. We have more of a<br \/>\npartnership with the musicians than any orchestra<br \/>\nin the United States.\u201d<\/p>\n<p>Meanwhile, Michael Allen, president of AFM Local 20-623,<br \/>\nwrites that \u201cEverything I know about this dispute fills<br \/>\nup four 1.5-inch three-ring binders.\u201d The allegations<br \/>\ninvolved include unfair labor practice charges, employer<br \/>\ndomination and refusal to furnish information. Colorado<br \/>\nSymphony musicians are also looking to exit AFM<br \/>\nrepresentation, but this idea can\u2019t be pursued legally<br \/>\nuntil the prior litigation is ended.\u201d<\/p>\n<p>\u201c . . .The matter currently before the administrative law<br \/>\njudge is regarding the unfair labor practice charge and<br \/>\nNOT the issue of representation,\u201d Allen writes, \u201cthough<br \/>\nthe outcome of the hearings will certainly have on<br \/>\nimpact on the issue of representation.\u201d<\/p>\n<p>Then there\u2019s Boettcher. It was the first symphony hall<br \/>\nin the round in the United States when it was built in<br \/>\n1978, and since it opened, its innovative design was<br \/>\nconstantly overshadowed by acoustical problems and<br \/>\na lack of attendance. A $40 million project to upgrade<br \/>\nthe facility, funded by a 2007 bond issue, was scrapped<br \/>\nby the city, and the funds were diverted to other projects.<\/p>\n<p>Now the city plans to demolish Boettcher and relocate the<br \/>\norchestra to a new music hall, \u201csupporting the Symphony<br \/>\nand also a diverse range of other musical groups and<br \/>\nforms. This hall replaces Boettcher Concert Hall, offering<br \/>\na better and more intimate experience, appropriate in<br \/>\nsize and form for traditional and contemporary groups,\u201d<br \/>\naccording to the Executive Summary of the city\u2019s Arts &amp;<br \/>\nVenues Department\u2019s Next Stage plan.<\/p>\n<p>Next Stage is a massive revitalization plan that intends<br \/>\nto rework the cultural center in and around 14th and<br \/>\nChampa Streets into an integrated, mixed-use neighborhood,<br \/>\nleaving the Denver Center Theatre Complex, the Ellie Caulkins<br \/>\nOpera House and the Buell Theatre unchanged, but making<br \/>\nover practically everything else. Three newly designated<br \/>\n\u201copportunity sites\u201d will sandwich arts venues between<br \/>\nground-level retail spaces and commercial towers above.<\/p>\n<p>\u201cThe new image of the Arts Complex is that of a community<br \/>\nliving room,\u201d announces the 88-page Next Stage prospectus.<br \/>\n\u201cDPAC\u2019s fortress-like enclosure should become a place that<br \/>\nis always open and always active with informal programming.\u201d<\/p>\n<p>The symphony and the city have been at loggerheads on<br \/>\nthe issue since the plan was first rumored in 2014. The<br \/>\ncity points to the low seat counts, \u201cchanging demographics<br \/>\nthat have different cultural consumption patterns,\u201d and<br \/>\nthe \u201cdeclining audiences for traditional performing arts,\u201d<br \/>\ngoing so far as to cite the complex\u2019s present \u201ceconomic<br \/>\nand racial inaccessibility\u201d \u2013 a long way of saying its<br \/>\nevents are geared toward rich white folks.<\/p>\n<p>Architect Hugh Hardy, who designed Boettcher and whose<br \/>\ncompany is on board with the Next Stage plan, was more<br \/>\nexplicit. \u201cThe specific character of the Arts Complex<br \/>\nwill come from its emphasis upon use by the largest<br \/>\npossible cross-section of the community, amateur<br \/>\nand professional alike, and not upon the use by a<br \/>\nfavored few,\u201d he writes. \u201cThe true innovation of the<br \/>\nMusic Hall will similarly lie in the fact that it is being<br \/>\nbuilt to encourage the citizens of Denver to share in<br \/>\nthe making of music. Such an idea is quite different<br \/>\nfrom using the hall as a device for furthering the<br \/>\nremote presentations of a musical aristocracy.\u201d<\/p>\n<p>In response, Kern has termed Next Stage \u201cpoor civic<br \/>\nplanning.\u201d Boettcher has 2,362 seats. The new music<br \/>\nhall is slated to have 1,200. There sits the practical<br \/>\ncrux of two differing visions. If the symphony&#8217;s<br \/>\nrevival continues and ticket sales and subscriptions<br \/>\nrise \u2014 where will the patrons sit?<\/p>\n<p>\u201cWe would like to see more seats, maybe 1,500.<br \/>\nIt\u2019s a little unclear, or a lot unclear, what shape<br \/>\nthe Next Stage plan will finally take or how long<br \/>\nit will take,\u201d says Kern. \u201cRight now, it\u2019s a<br \/>\nconstruct of the consultants.\u201d<\/p>\n<p>Bran Kitts, director of marketing and communications<br \/>\nfor the city\u2019s Arts &amp; Venues Department, says: \u201cWe<br \/>\nare now in the post-conceptual, pre-practical stage.<br \/>\nRecommendations on financing and governance are<br \/>\ndue to the mayor\u2019s office by the end of the year.\u201d<\/p>\n<p>\u201cOne of the down sides of the performing complex,\u201d<br \/>\nKitts continues, \u201cis that it&#8217;s busy on show nights,<br \/>\nbut not particularly inviting on dark nights. We are<br \/>\nlooking to make the area a focal point, to have good<br \/>\ncommunity facilities there, so that people feel they<br \/>\nhave a standing invitation to visit.\u201d<\/p>\n<p>As to the need to tear down Boettcher, Kitts identifies<br \/>\nproblems such as its flawed acoustics, staging and<br \/>\nsetup problems, and lack of attendance.<\/p>\n<p>\u201cIf they\u2019re not full to begin with now, you scale them<br \/>\ndown,\u201d Kitts says. \u201cYou take some of these complaints<br \/>\ninto account, and you also look into the future. What<br \/>\ndoes the technology look like? That factors in. We<br \/>\nhave to think about younger audiences, not just<br \/>\nolder audiences, and not just the musicians, but<br \/>\nthe patrons and fans.\u201d<\/p>\n<p>Kern says, \u201cWe need a home. We are happy to<br \/>\ncooperate with the city \u2013 as long as people<br \/>\ncontinue to listen to us and recognize our needs.\u201d<\/p>\n<p>The city states that \u201cit is envisioned that the Boettcher<br \/>\nConcert Hall will remain operational until after the<br \/>\nconstruction of the Music Hall . . . at 14th and<br \/>\nArapahoe.\u201d Whether the city is simply trying to<br \/>\nmonetize its underused property with its Next Stage<br \/>\nplan, or whether it will trigger a new flowering of<br \/>\nthe symphony, a fresh intersection between the arts<br \/>\nand all of the city\u2019s inhabitants, remains to be seen.<\/p>\n<p>In the meantime, the symphony will continue to<br \/>\nimplement its own revitalization program, playing<br \/>\nin the aging confines of its once-state-of-the-art<br \/>\nhome, waiting to see what its new digs will look like,<br \/>\nhoping that its labor disputes will end, freeing it<br \/>\nup to monetize new, non-standard musical opportunities.<\/p>\n<p>And what about the traditional repertoire? Is the<br \/>\ngreat orchestral music of the past doomed to fade<br \/>\nout of the cultural conversation? Given the new<br \/>\npolitical climate, the future looks bright for neither<br \/>\nthe arts nor the sciences. Is the concert hall, like\ufffc<br \/>\nthe movie palace, merely a lingering cultural remnant<br \/>\nwhere dwindling audiences still fetishize their antiquated<br \/>\ncultural ceremonies?<br \/>\nSays Mitchell, &#8220;We are always lamenting that this tradition<br \/>\nis going away, but it&#8217;s not. Did you know that TIME<br \/>\nmagazine pronounced the death of classical music?<br \/>\nThey did! \u2014 in 1961.&#8221;<\/p>\n<p>It appears that the Colorado Symphony will continue<br \/>\nto roll with the punches.<br \/>\n========================<br \/>\nII. US DEPARTMENT OF JUSTICE TO APPEAL 100% LICENSING AGREEMENT<\/p>\n<p>The US Department Of Justice has confirmed it will appeal the<br \/>\nimpromptu court ruling that overturned its decision on whether<br \/>\nor not American collecting societies BMI and ASCAP must<br \/>\noperate a 100% licensing system.<br \/>\nAll you consent decree fans out there will remember that<br \/>\nwhen the DoJ reviewed the regulations governing the<br \/>\ncollective licensing of song rights by American performing<br \/>\nrights organisations BMI and ASCAP, it concluded earlier this<br \/>\nyear that both societies should be offering 100% licences.<br \/>\nBut the two societies, and pretty much every American<br \/>\nsongwriter and music publisher, insisted the government<br \/>\ndepartment had got it wrong, wrong, wrong.<\/p>\n<p>Under a BMI licence, 100% licensing would mean that a<br \/>\nlicensee would be able to use any song in the society\u2019s<br \/>\ncatalogue, even if BMI only controlled a slice of said song.<br \/>\nTraditionally the licensee would need a separate license<br \/>\nfrom whichever entity or entities controlled the other<br \/>\nslices of a co-owned work, which might be ASCAP or<br \/>\nsmaller American PROs SESAC or GMR. Under the 100%<br \/>\nlicensing system, BMI would receive all the royalties and<br \/>\nwould then need to pay the other societies their share.<\/p>\n<p>As soon as the DoJ confirmed its conclusion on this point,<br \/>\nASCAP said it would lobby Congress on the issue, while<br \/>\nBMI took the matter to court. In September, at what was<br \/>\nexpected to be hearing to discuss the time tabling for<br \/>\nthat court case, the judge who oversees the BMI consent<br \/>\ndecree, Louis Stanton, reached an immediate surprise<br \/>\njudgement, ruling in BMI\u2019s favour. The DoJ had got it<br \/>\nwrong with all that 100% licensing nonsense, and BMI<br \/>\nwas perfectly entitled to operate the opposite system,<br \/>\naka fractional licensing.<\/p>\n<p>The DoJ\u2019s appeal means that Stanton\u2019s interpretation<br \/>\nof BMI\u2019s consent decree will now be considered by the<br \/>\nSecond Circuit court. BMI said on Friday that the<br \/>\ngovernment agency\u2019s decision to appeal the ruling<br \/>\nwas \u201cdisappointing\u201d but not a surprise. BMI boss Mike<br \/>\nO\u2019Neill added: \u201cWhile we hoped the DoJ would accept<br \/>\nJudge Stanton\u2019s decision, we are not surprised it<br \/>\nchose to file an appeal\u201d.<\/p>\n<p>He went on: \u201cIt is unfortunate that the DoJ continues<br \/>\nto fight for an interpretation of BMI\u2019s consent decree<br \/>\nthat is at odds with hundreds of thousands of<br \/>\nsongwriters and composers, the country\u2019s two<br \/>\nlargest performing rights organisations, numerous<br \/>\npublishers and members of the music community,<br \/>\nmembers of Congress, a US Governor, the US<br \/>\nCopyright Office and, in Judge Stanton, a federal<br \/>\njudge. We believe Judge Stanton\u2019s decision is<br \/>\ncorrect and look forward to defending our position<br \/>\nin the Court Of Appeals for the Second Circuit\u201d.<\/p>\n<p>Rival PRO ASCAP backs BMI on this issue, the<br \/>\nassumption being that if a court rules in BMI\u2019s<br \/>\nfavour on 100% licensing, the same principle<br \/>\nwill have to be applied to its consent decree.<br \/>\nIts CEO, Beth Matthews, said this weekend: \u201cThe<br \/>\nSecond Circuit\u2019s ruling in this case will affect the<br \/>\nrights of more than a million American songwriters<br \/>\nand composers, thousands of whom have expressed<br \/>\nstrong opposition to the DoJ\u2019s position, and we are<br \/>\nhopeful the court will affirm Judge Stanton\u2019s decision\u201d.<\/p>\n<p>She concluded that \u201cASCAP looks forward to resolution<br \/>\nof this matter as we continue to advocate for modernising<br \/>\nthe consent decrees for today\u2019s world\u201d.<\/p>\n<p>===========================================<\/p>\n<p>III. NACUSA COMPOSITION SUBMISSIONS FROM EAST COAST MEMBERS<\/p>\n<p>Plans are being made to sponsor one concert in New York City during<br \/>\nthe 2017 spring season. The event will mark and celebrate NACUSA&#8217;s<br \/>\n84th season.<\/p>\n<p>The program will feature works by composers who are current members<br \/>\nof the East Coast Chapter of the National Association of Composers, USA.<\/p>\n<p>Composers interested in participating in these programs are invited<br \/>\nto submit scores for consideration to:<\/p>\n<p>MAX LIFCHITZ<br \/>\nChair, Program Committee<br \/>\nP.O. Box 5108<br \/>\nAlbany, NY 12205-0108<\/p>\n<p>The deadline for the receipt of scores is Thursday, December 1, 2016.<\/p>\n<p>Compositions for voice, solo instruments and\/or chamber ensembles will<br \/>\nbe considered.<\/p>\n<p>All scores should be clearly labeled with the name, address, current<br \/>\nphone number and e-mail of the composer.<\/p>\n<p>Please submit xerox copies of scores only. Do not send parts. Include<br \/>\na brief up-to-date biographical sketch. If available, please also send<br \/>\na CD recording of the submitted work(s). Submitted materials cannot<br \/>\nbe returned.<\/p>\n<p>Composers will be responsible for engaging and paying their performers.<br \/>\nComposers will also be responsible for supervising rehearsals and<br \/>\nperformance of their work. The East Coast Chapter of NACUSA can only<br \/>\nassume responsibility for expenses involved in renting the hall,<br \/>\nprinting programs and publicity.<\/p>\n<p>Current members of NACUSA\u201as East Coast Chapter will be considered for<br \/>\ninclusion. Only members who have paid their dues for 2016-17 will be<br \/>\nonsidered. Scores should be accompanied by a check for $30 to cover<br \/>\nEast Coast Chapter dues.<\/p>\n<p>Please make check payable to the National Association of Composers,<br \/>\nUSA. In the lower left corner of the check, please indicate that<br \/>\nit is for East Coast Chapter dues.<\/p>\n<p>Prospective members are encouraged to submit works, but should do<br \/>\nso with accompanying membership fee.<\/p>\n<p>Composers whose works are selected will be notified by January<br \/>\n15, 2017.<\/p>\n<p>The National Association of Composers, USA will celebrate its<br \/>\n84th anniversary during the 2016-17 season. Founded by composer\/<br \/>\nconductor Henry Hadley, it began its activities in New York<br \/>\nCity during the 1932-33 season.<\/p>\n<p>Max Lifchitz<br \/>\nhttp:\/\/www.music-usa.org\/nacusa<br \/>\n<!--more--><\/p>\n<p>=========================<\/p>\n<p>IV. EVENTS<\/p>\n<p>PHIL NORMAN CD\u2028 Now Available for Purchase<\/p>\n<p>Since last months formal release by MAMA Records,<\/p>\n<p>the Phil Norman Tentet&#8217;s newest CD has moved up<\/p>\n<p>from #209 to #20 nationally by\u2028\u2028 JAZZ WEEK CHARTS<\/p>\n<p>which weekly tracks &amp; monitors jazz CDs radio airplay<\/p>\n<p>&nbsp;<\/p>\n<p>To order this NEW CD, \u2028simply e-mail your name and<\/p>\n<p>address to \u2028PHIL NORMAN and we will mail you a copy.<\/p>\n<p>Upon receipt submit your check for $20 &#8211; it&#8217;s that simple.<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n<p>&nbsp;<\/p>\n<p>DEAN AND RICHARD\u2028\u2028\u2028DEAN AND RICHARD<\/p>\n<p>are now at Culver City Elks the first \u2028Friday of \u2028every month.<\/p>\n<p>7:30pm-10:30pm,<\/p>\n<p>11160 Washington Pl.\u2028\u2028Culver City, 90232\u2028\u2028310-839-8891<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;-<\/p>\n<p>LA WINDS JAZZ KATS 584<\/p>\n<p>NO COVER, NO MINIMUM.<\/p>\n<p>Every 2nd and 4th Tuesday of the month at Viva Cantina<\/p>\n<p>7:30-10:00.\u2028\u2028900 Riverside Drive, \u2028Burbank.<\/p>\n<p>Free parking across the street at Pickwick Bowl.<\/p>\n<p>Come hear your favorite charts played the way they<\/p>\n<p>should \u2028be. \u2028\u2028We are in the back room called the<\/p>\n<p>Trailside Room. \u2028\u2028\u2028Come on down.<\/p>\n<p>&nbsp;<\/p>\n<p>Guaranteed to swing.<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n<p>11\/26\/16<\/p>\n<p>String Duo: CONNIE KUPKA &amp; DAVID SPELTZ<br \/>\nat the EDENDALE UP CLOSE Concert Series<br \/>\nat the Edendale Branch Library\u00a0 in Echo Park.<\/p>\n<p>2011 W. Sunset Blvd.<br \/>\nLos Angeles, CA 90026<br \/>\ninfo (213) 207-3000<br \/>\nFREE ADMISSION<br \/>\nConcert in the Community Room<br \/>\nFree parking in the library lot (enter from Alvarado).<\/p>\n<p>Saturday NOVEMBER 26, 2016<br \/>\nTime: Noon to 1 p.m.<\/p>\n<p>CONNIE KUPKA &#8211; Violin, Viola<\/p>\n<p>DAVID SPELTZ &#8211; Cello<br \/>\nProgram:<\/p>\n<p>LUDWIG VAN BEETHOVEN<\/p>\n<p>Duo for Viola and Cello in E flat major\u2028(&#8220;duet with two eyeglasses obbligato&#8221;)<\/p>\n<p>J.S. BACH\u00a0\u2028Suite No.2 in d minor for solo cello, BWV 1008:<\/p>\n<p>Prelude, Allemande, Courante, Sarabande,\u00a0\u2028Menuet I and II,<\/p>\n<p>Gigue\u2028\u2028ZOLTAN KODALY\u2028Maestoso e largamente &#8211;<\/p>\n<p>Presto\u00a0\u2028from the Duo for violin and cello, Op.7<br \/>\n&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;-<br \/>\n12\/3\/16<\/p>\n<p>HOLIDAY LIGHTS 2016 &#8211; A HOLIDAY MUSIC CONCERT<\/p>\n<p>7:30 PM<\/p>\n<p>The Moorpark College is very excited to begin<\/p>\n<p>the Holiday season at Moorpark College with<\/p>\n<p>some of the most memorable and popular<\/p>\n<p>music of the joyous season. As part of this<\/p>\n<p>celebration, the Moorpark College Symphony<\/p>\n<p>Orchestra and the Choral Music Program are<\/p>\n<p>joining their forces to perform wonderful<\/p>\n<p>Holiday music, including selections from the<\/p>\n<p>\u2018Nutcracker.\u2019 Moorpark College Symphony<\/p>\n<p>Orchestra, James J. Song, Music Director and<\/p>\n<p>Moorpark College Choral Music Program,<\/p>\n<p>Brandon Elliott, Music Director<\/p>\n<p>Hornist Jennifer Bliman will be featured on<\/p>\n<p>the 3rd movement of the Charles Fernandez&#8217;<\/p>\n<p>Horn Concerto.<\/p>\n<p>Moorpark College PAC &#8211; Main Stage<br \/>\n7075 CAMPUS ROAD<br \/>\nMOORPARK, CA &#8211; United States<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;<\/p>\n<p>12\/7\/16<\/p>\n<p>FREE ADMISSION GLENDALE NOON CONCERTS<br \/>\nfeatures<br \/>\nJazz singer KaroliNa\u00a0and<br \/>\nPianist Robert Kamil Lewandowski<br \/>\nperforming the Great American Songbook.<\/p>\n<p>Website: http:\/\/www.glendalenoonconcerts.blogspot.com\u00a0(updated shortly)<br \/>\nThank you!<br \/>\nJacqueline Suzuki<br \/>\nCurator, Glendale Noon Concerts<br \/>\n818 -249-5108<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<\/p>\n<p>12\/11\/16<\/p>\n<p>SOUTHERN CALIFORNIA JAZZ ORCHESTRA<\/p>\n<p>Hello friends,<\/p>\n<p>This is to let you know that my 22-piece big band,<br \/>\nthe Southern California Jazz Orchestra, will be making<br \/>\nits debut at the Secret Rose Theater in North Hollywood<br \/>\non Sunday, December 11th. We will be celebrating the<br \/>\nmusic of Rob McConnell and the Boss Brass as well as<br \/>\npresenting some of my new original arrangements.<\/p>\n<p>Details below:<\/p>\n<p>Charlie Ferguson presents<br \/>\nthe Southern California Jazz Orchestra<br \/>\nperforming live at<\/p>\n<p>Secret Rose Theater<br \/>\n11246 Magnolia Blvd.<br \/>\nNorth Hollywood, CA 91601<\/p>\n<p>Sunday, December 11th, 2016<br \/>\n7:00 &#8211; 8:30 PM (1 set)<br \/>\nTickets $20 (now on sale; call 818-970-1703 for more info)<\/p>\n<p>Saxophones\/woodwinds: Kim Richmond, Dan Kaneyuki,<br \/>\nBilly Kerr, John Yoakum, Tim McKay<br \/>\nTrumpets: Stan Martin, Jon Papenbrook, Ron Barrows, Ron Stout<br \/>\nTrombones: Scott Whitfield, Andy Martin, Erik Hughes, Craig Ware<br \/>\nFrench horns: John Dickson, Suzette Moriarty<br \/>\nPiano: Charlie Ferguson<br \/>\nGuitar: Dan Ferguson<br \/>\nBass: Chris Conner<br \/>\nDrums: Ralph Razze<br \/>\nPercussion: Billy Hulting, Linda Michelou<br \/>\nplus special guest Jacques Voyemant, trombone<\/p>\n<p>There is plentiful parking on side streets in the area and in<br \/>\nlots near the venue. This will be a fun night of music so<br \/>\nmake plans to join us.<\/p>\n<p>Charlie<\/p>\n<p>&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;<\/p>\n<p>&nbsp;<br \/>\nYou can read all previous offerings at:<\/p>\n<p>http:\/\/www.responsible47.com<\/p>\n<p>&nbsp;<\/p>\n<p>UNTIL NEXT TIME,<\/p>\n<p>THE COMMITTEE FOR A MORE RESPONSIBLE LOCAL 47<\/p>\n","protected":false},"excerpt":{"rendered":"<p>11\/25\/16 I. COLORADO SYMPHONY LOOKS UP &#8211; AND SEES MORE CHALLENGES II. BMI RESPONDS TO DOJ APPEAL OF FRACTIONAL LICENSING RULING III. NACUSA COMPOSITION SUBMISSIONS FROM EAST COAST MEMBERS IV. EVENTS &nbsp; &#8230;Absolutely guaranteed anonymity &#8211; Former Musician&#8217;s Union officer &#8230;The one voice of reason in a sea of insanity &#8211; Nashville &#8216;first call&#8217;\u2028scoring musician [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-314","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/314","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=314"}],"version-history":[{"count":0,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=\/wp\/v2\/posts\/314\/revisions"}],"wp:attachment":[{"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=314"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=314"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.responsible47.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=314"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}