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5/10/2012
by Brian Taylor Goldstein
I was speaking to members of an ensemble the other day who assured me they didn't need to worry about licensing any of the music clips or videos on their website unless they charged a fee for people to listen to or watch them, or otherwise earned money from them. Rather, as they were using them only to promote performances and encourage people to buy tickets, the ensemble contended that this was a "non-commercial" use. This is, in fact, a common belief. Unfortunately, it's also among the most common misconceptions.
The truth is that any time you are using someone else's image, photograph, music, design, words or performance to sell or promote a service, it's a "commercial" use - even if you do not earn a direct fee.
Think of it this way: If, unbeknownst to you, a dentist found a photograph of your smiling self on Facebook and used it on a billboard to advertise his or her dental services, you'd probably be pretty upset. Would it make a difference to you that he was not actually selling the photograph? Probably not. He would still be using your face to sell his dental services.
Placing materials on your website operates just like placing them on your billboard. You need permission to use someone else's image, performance or copyrighted material to promote or "sell" your own services. And, like all other laws, regulations and statutes, this also applies to tax exempt 501(c) organizations.
Selling tickets to a classical concert or a cultural event is just as "commercial" as selling tickets to a rock concert or a Broadway show. Selling is selling. So, what would constitute a "non-commercial use?" You guessed it: something that doesn't promote or advertise a product or service to the general public-like showing a video of your performance to your Grandmother during her next visit. In other words, if you don't put it on your website, post it on the Internet or otherwise use it to help you sell tickets, it's probably a non-commercial use.
Join APAP and FTM Arts Law for a digital rights webinar on May 17, 2012 when Robyn Guilliams and I will be discussing some of the most common challenges in using materials on the Internet. Register for this webinar and submit questions ahead of time to info@artspresenters.org.
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For additional information and resources on this and other legal and business issues for the performing arts, visit ftmartslaw-pc.com. |
THE OFFICIAL DISCLAIMER:
THIS IS NOT LEGAL ADVICE!
The purpose of this blog post 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! 3/13/2012 In the past decade, the Department of State and the United State Customs and Immigration Service have made drastic improvements to the visa application process, primarily in cutting visa processing times. But procuring a visa is at the discretion of the USCIS or Customs and Border Protection officer who is reviewing the application or visa. These officers may or may not be versed in the arts, which can make a difference, particularly for international artists.
Recently, several very reputable international artists have been denied visas, and their canceled shows made national headlines. While the USCIS can be unpredictable, there are easy ways to avoid the major surprises that kept these artists home:
- Petition early! While the USCIS does its best to address all incoming O and P I-129 visa applications in 14 days or less, it doesn't guarantee the two-week processing time. You can petition for a visa as far as 12 months in advance of an artist's planned arrival in the U.S. Submit your I-129 early.
- Schedule a consulate interview sooner than later. Some consulates are extremely busy, and you must book an appointment many months in advance. The Department of State's website provides approximate appointment wait times. Consult the website and plan accordingly. Initiate the interview process by completing the form DS-160. Consular interview questions are based on your responses provided on this form.
- Obtaining a visa is a three-step process. First is the I-129 petition sent to the USCIS. This step is like a pre-screening and will tell you if you are eligible for the next step of the visa process. The next step is the consular interview. This is the stage where the artist is granted a visa. The final step is arrival in the U.S. CBP has the authority to deny entry on visas already awarded. If anything seems fishy, officers can detain you, question you or send you straight back home.
- Artists from Canada are not required to obtain a visa. They are only required to petition for one. This means an I-129 petition must be filed, and it must be approved. There is no need for a consular interview.
A thorough resource about obtaining visas for foreign artists and foreign artist tax withholding is www.ArtistsFromAbroad.org, a website maintained by APAP and the League of American Orchestras.
For more information about APAP visa assistance and consultation letters, contact me at etravis@artspresenters.org.
Photo of Yemen Blues at globalFEST by Juan Padron for APAP. 7/12/2011
By Alicia Anstead
Editor, Inside Arts Magazine
A blog post by Felicia Knight, former director of communications at the National Endowment for the Arts, caught my eye this morning because it made me think the singer/songwriter Randy Newman should have called "Short People," his 1978 hit single, "Rude People." Rude people really are just like you and I (and maybe they sometime are you and I), except we've earmarked them as rude. And apparently Knight, who now runs her own media consulting firm, has had just about enough of rude people.
In her blog post, Knight delineates the categories of rude people including my favorite (by which I mean least favorite out in the world): the “I’m too important to be dealing with you” type. Knight examines the media -- because that's her milieu -- but I've often thought journalism and the arts have a lot in common both temperatmentally and professionally. So I think we can learn something direct from her ideas.
If you're anything like me, you communicate with the public all day long: colleagues, clients, clerks. I've found that the degree to which people are happy in their work -- that is, motivated, creative, stimulated and energized -- is often reflected in their manners and their productivity whether they're running a presenting organization or making the art that is presented at that organization.
"Do we have to get tough with each other?" Knight asks. Well, these are tough times, and our moods and habits can be adversely shaped by more work with fewer dollars and reduced staff. I'd argue we do have to be tough about productivity, efficiency and creativity -- and sometimes that looks like being tough with others. But it doesn't have to. After all, there is a polite way to make your own limitations known: "I can't meet with you now, but may I call you back in 30 minutes, please?" Or what if you step outside of your usual scope of work and try someone else's job for a morning or just an hour? I'd like to see every executive try that outfit on for size -- and I wonder how it might affect the appreciation factor in the office.
Knight advocates for better manners all around -- the return of the "please and thank you" culture. Hear, hear. I'd like to add better modeling, too. How can you be an example of good manners and thoughtful leadership? What expectations do you have for your staff -- at all levels -- and how do you build good manners into the ecology of your workplace, your public actions, your emails?
Those are real questions, and we'd like to know your answers....please. 5/17/2011
For the last several months, I've been unable to travel to conferences and other convenings in our field. But I have actively been following colleagues who have taken the extra step to tweet from far-flung gatherings. When you can't afford to attend a conference or when your schedule simply doesn't allow it, the Twitter feed from onsite attendees becomes crucially valuable. It's not a replacement for the real thing, but it does allow you to feel connected and share knowledge in real time.
With this in mind, here are a few tips for tweeting from live events.
1. Make sure you include the event's hashtag. This establishes the unique group at the event and allows all tweets to be collated on the feed. Usually an organization will announce a hashtag, but don't be shy about asking for it.
2. Before you attend the event, start tweeting! Tell your followers: "I'm headed to #APAP2012 & I'm psyched!" (Notice the hashtag is included in the tweet rather than at the end of the tweet. Doing this saves space and still serves the hashtag purpose.)
3. Describe what you see. How many people? What are they doing? Is there a buzz? Who just walked in the room? What did you overhear? Who is seated next to you? Include a picture! These types of tweets help non-attendees get a sense of the atmosphere and visualize the setting. Here's a tweet from the closing plenary at our conference in January: "#APAP closing b'fast w Azar Nafisi is packed! Her message is a wake-up call about curiosity & empathy. #APAPNYC"
4. Tweet the full names of speakers, their titles and something you notice about them: "Sandra Gibson, APAP's CEO, is at the mic welcoming members. She's wearing one of her fab necklaces!"
5. Report on what you hear. Some tweeters find it easy to make a quick note with a pen and paper, and then transcribe it through Twitter. Others are fast typers. Know what works for you. And proofread! Be sure to spell names, locations, titles correctly. A quick surf on Google or an organization's website can assure accuracy. Printed programs can be very useful, too.
6. Retweet other ideas you missed and find worthy of repetition -- and be sure to comment. It's always nice to acknowledge a colleague: "Happy you're here. RT @texasfolklife: Is represented @APAP365 in nyc!"
7. Keep tweeting! Stay with the action to offer your followers the complete picture. When it's over, say so: "Azar Nafisi gets standing O. We're all tired but she has re-inspired & re-energized us. Thank you! #APAP #APAPNYC ."
8. On the other hand: Don't wear yourself down by tweeting too much. Be selective. Tweeting can enhance your experience or exhaust you. Strive for the former.
9. If you notice something else at the event -- a man who just walked in with a cloud of balloons -- tweet it! Not all of your tweets have to be about the main action.
10. If you're like me -- following virtually -- join the discussion. Let your colleagues know you're part of the conversation no matter where you are and that you appreciate their reportage and commentary: "Great live tweeting from Arts Forum at The Times Center. Keep the tweets coming! @nycarts #culturetrack"
A final note: You can tweet directly from your Twitter account on your computer or cell phone. We also use Hootsuite, Echofon and Tweetdeck on our phones. Do you have tips for tweeting from live events? Let us know and join our conversation @APAP365
5/3/2011After Arts Presenters awarded Ken Fischer the 2011 Fan Taylor Award at the APAP|NYC conference in January, I began thinking: How does Ken do what he does as president of the University Musical Society of the University of Michigan in Ann Arbor? What are his secrets for leadership?
You can't win the Fan Taylor Award without achieving an impressive body of knowledge about our industry. So I asked Ken to compile a "Top Ten" list about his principles for leadership. The list was published in this spring's issue of Inside Arts. If you're a member, you should have received this by regular USPS mail. You can also find a link at the end of this post.
What struck me about Ken's list was the underlying importance of community. He basically says: Get out in your community, be friendly out there, know what's out there and who's out there (and call them by name), stay connected and contribute to the well-being of your people (internally and externally). In a way, it's a "golden rule" for building and maintaining connections.
And it's worth revisiting. You can read Ken's list and insights here. In the spirit of his ideas, let's take the next step: What are your principles -- your "golden rules" -- for leadership? Share them with us here at Arts Presenters, and we'll keep them circulating among our membership and beyond. ---Alicia Anstead, Editor, Inside Arts
4/25/2011
Michael Kaiser's latest entry on HuffPo explores the changes in corporate funding habits over the years -- the journey from corporate good will toward the arts to corporate visibility through the arts. The change, however, is a slippery slope, he says: How do we create visibility without bastardizing our art? Every arts organization must have clear rules on what is acceptable and what is not when it comes to providing visibility for potential corporate sponsors.
The same slippery slope applies to the trend toward empowering audiences. Performances are no longer singly focused on drawing audiences into a venue. Presenters, producers, directors and artists are looking for ways to empower audiences. In a way, we're enacting a similar "in-kind" artistic experience contribution from ticket buyers.
And the same question lingers: How do we do this without bastardizing our art? What is acceptable in presenting both an art and an art experience for patrons? What happens when patrons become co-collaborators, co-curators and co-artists?
The questions become increasing important in a digital world where participation is one click away.
We're eager to know how members are navigating and discussing funder and audience shifts. How are you adjusting to funding challenges and audience participation? | Edit in Browser | /_layouts/images/icxddoc.gif | /CONNECTIONS/blog/_layouts/formserver.aspx?XsnLocation={ItemUrl}&OpenIn=Browser | 0x0 | 0x1 | FileType | xsn | 255 | | Edit in Browser | /_layouts/images/icxddoc.gif | /CONNECTIONS/blog/_layouts/formserver.aspx?XmlLocation={ItemUrl}&OpenIn=Browser | 0x0 | 0x1 | ProgId | InfoPath.Document | 255 | | Edit in Browser | /_layouts/images/icxddoc.gif | /CONNECTIONS/blog/_layouts/formserver.aspx?XmlLocation={ItemUrl}&OpenIn=Browser | 0x0 | 0x1 | ProgId | InfoPath.Document.2 | 255 | | Edit in Browser | /_layouts/images/icxddoc.gif | /CONNECTIONS/blog/_layouts/formserver.aspx?XmlLocation={ItemUrl}&OpenIn=Browser | 0x0 | 0x1 | ProgId | InfoPath.Document.3 | 255 | | Edit in Browser | /_layouts/images/icxddoc.gif | /CONNECTIONS/blog/_layouts/formserver.aspx?XmlLocation={ItemUrl}&OpenIn=Browser | 0x0 | 0x1 | ProgId | InfoPath.Document.4 | 255 | | View in Web Browser | /_layouts/images/ichtmxls.gif | /CONNECTIONS/blog/_layouts/xlviewer.aspx?listguid={ListId}&itemid={ItemId}&DefaultItemOpen=1 | 0x0 | 0x1 | FileType | xlsx | 255 | | View in Web Browser | /_layouts/images/ichtmxls.gif | /CONNECTIONS/blog/_layouts/xlviewer.aspx?listguid={ListId}&itemid={ItemId}&DefaultItemOpen=1 | 0x0 | 0x1 | FileType | xlsb | 255 | | Snapshot in Excel | /_layouts/images/ewr134.gif | /CONNECTIONS/blog/_layouts/xlviewer.aspx?listguid={ListId}&itemid={ItemId}&Snapshot=1 | 0x0 | 0x1 | FileType | xlsx | 256 | | Snapshot in Excel | /_layouts/images/ewr134.gif | /CONNECTIONS/blog/_layouts/xlviewer.aspx?listguid={ListId}&itemid={ItemId}&Snapshot=1 | 0x0 | 0x1 | FileType | xlsb | 256 |
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