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Info You Can Use: Change That Contract!

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I thought I would talk a little about performance contracts today. It may not have been in relation to performance contracts, but I recently read that many people are under the impression that when they receive a contract they either meet the conditions or no deal is possible.

This may be true for the terms of service presented with every computer app and service out there, but isn’t necessarily so in a great many areas of life.

The reality is that contracts for performances are often a lot like dating. There are non-negotiable conditions and then there is a lot of aspirational conditions reflecting an ideal scenario. Knowing which is which is a matter of experience, but you won’t get that experience until you start to ask.

For example, when we do Broadway shows, there are certain stage dimensions that the tour requires. Most of the time, we are pretty close, but if we aren’t we can still do the show. It is just that the production makes a decision about what set pieces will remain on the truck.

Similarly, nearly every Broadway show technical rider we receive asks for a 36 foot tall Genie lift and 2 sets of washers and dryers. We have a lift that can reach 19 feet and only one washer and dryer set. No one has ever balked about doing the show based on that.

There are some stages which will be too small to accommodate a show or lack sufficient equipment, but productions know that every venue is different and will undertake all sorts of contortions to make the show happen.

On the other hand, if they say you have to have 50 people with various qualifications onsite at 8:00 am to help unload and set up the stage, they mean it. They will either fine you for not having enough stagehands or stop constructing the set until enough people are present–often both.

These guys left a venue at 2 am the night before and arrived on your doorstep at 8 am and tonight they will be leaving at 2 am to start it all over again. They have little tolerance for situations which will make their job harder or more hazardous.

In terms of the legal content of the contract where it talks about liability, force majeure obligations and indemnifications, you might feel a little intimidated by the formality of the language and feel you have little recourse but to accept.

In fact, this is the place where you should be looking very closely to make sure you are not placed at a severe disadvantage. Most force majeure clauses I have seen are reasonable and equitable in acknowledging the impact of severe weather and other unavoidable emergencies. Then there are some where you could have a meteor smash into your building and you would have to make payment in full plus an additional inconvenience fee.

Be careful about taking a claim of “industry standard clause” at face value.  Ask colleagues or post a question on a discussion forum if you are uncertain or confused about a section of a contract.

However, there are people working at standardizing performance contracts. The Broadway League has created a form booking contract that now seems to accompany every tour of a Broadway show we present.

Given that these contracts are among the longest I deal with, having nine pages which is the same from show to show is a great boon. You make your changes, save it and send it along with every new show. Then you are only left with combing through four-five show specific pages and 15-20 pages of the tech rider. That may seem like a lot of work still remaining, but the nine pages of the form booking agreement tend to have most of the complicated legal language.

Don’t get overly worried if your changes to a contract make it look like a rainbow spiderweb of insertions, deletions, reversals and counter signatures. It is not uncommon for a contract to look something like the below.

contract capture

This is just a visual example of what a marked up contract might look like only. Most of the change notation placements make little logical or legal sense. I applied them very loosely and even obscured other parts of the contract. These are just examples of the type of notations that commonly appear on a contract and how crowded it might appear with deletions, additions and alternative language proposals.

The STET by the way means to reverse the change. It is often used to indicate that a person doesn’t agree with the change in its entirety and wants it restored to its previous state. (Which, it should be noted, may not necessarily be its original state.)

Every change that is made should be initialed and dated by both parties before either signs off on the contract. It is also wise to keep a clean copy of the original document and save each version of the contract as a separate file. I strongly suggest springing for Adobe Acrobat so you can edit PDF documents electronically and easily reverse them. Otherwise you will go crazy trying to replicate all the changes for every iteration.

Of course, there is no guarantee that your changes will be accepted. You should just feel you have an ability to negotiate reasonable conditions.

While this entry is only meant to address a small segment of contracting and to do so from the presenter point of view, I was considering using this as a basis for an entry for Drew McManus’ ArtsHacker project.

With that in mind, I would be interested in knowing what other information would make this or a related entry useful to a reader. What questions might you have?

You Got Questions, We Got Answers

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Last Wednesday was Ask A Curator Day in which over 700 international museums participated, answering questions about their collections and museums in general.

The effort reminded me of an article I saw on The Guardian’s website last summer suggesting arts and cultural organizations use Reddit as a way to talk about their organization.

I will admit that other than viewing a few AMAs (Ask Me Anything) by notable folks over the course of a year, I don’t visit Reedit too much.

Which is not to say it wouldn’t be valuable for me to do so or be something more suitable to your circumstances than mine.

If you visit the Theatre reddit, you will see there are all sorts of messages from audition questions, advertisements, obituaries and a couple people mentioning Howard Sherman’s article about the high school teacher who got fired over Spamalot.

There are a number of related sub-reddits associated with theatre that provide discussions with a more specific focus.

One of the features the Guardian article really focuses on is the Ask Me Anything section where people make themselves available to have others ask questions of them. Right now at the top of the list is a Holocaust Survivor, a nun who help women victimized by the Lord’s Resistance Army and the actor Simon Pegg.

There are also EMTs from Pennsylvania, professional mountain bikers and an American kid playing football in England listed so the topics don’t have to be weighty or the participants famous in order to participate.

Reddit AMAs provide a better forum for Q&As than Twitter because there is more room and you don’t have responses scrolling up your screen as you and the participants type and the discussions can occur over time. You can provide a link to your AMA so that people know where to find you and they can view a record of the conversation when it is over if they are unable to participate during the scheduled period.

Let Them Bake Bread!

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At a loss about how to forge closer bonds between the community and your organization? Let them bake bread!

Not only do you have the example of Bread and Puppet Theater, to inspire you but there is a growing trend of communal ovens across the country.

I recently read an article about how such an oven was helping to revive a dilapidated park in Toronto.

This caused me to recall a seeing Braddock, PA Mayor John Braddock discuss a similar community oven his city set up. The oven was one of the cornerstones in the city’s plan to revitalize itself.

When I conducted a search to see where things stood now, I came across a story of a Torontonian studying nearby in Pittsburgh who was working on the Braddock oven as part of a fellowship.

If you read the article, you will see that like any project, a community oven isn’t quite as simple as it seems. The Braddock oven is being rebuilt/replaced because it isn’t as efficient as it could be. People have to be trained to use it correctly. The wood has to be seasoned and of the right type.

At the same time, the Canadian grad student, Shauna Kearns, has helped to forge community partnerships to get the rebuild accomplished.

With sustainability becoming an area of increased focus, (that was the basis of Shauna Kearns’ fellowship), participating/partnering in a community oven can be bolster organizational identity in the community.

Info You Can Use: You Can Hack Being An Arts Administrator

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Drew McManus is fulfilling one of my ambitions.

When I was first starting out this blog, I envisioned creating some sort of repository of information about arts and arts administration that people could consult.

It should be noted that I was unemployed when I started this blog nearly 11 years ago so I had a lot of time on my hands to be ambitious. That plan never panned out. Getting a job and getting really busy sort of diverted my focus from that.

However, despite being quite busy with his job as a consultant, Drew McManus has deluded concluded that trolling through 990 filings and evaluating the effectiveness of orchestra websites aren’t monopolizing enough of his time.

Drew has decided to create an Arts Administration version of Lifehacker. He is looking for people to be contributors to this effort. If you are interested, sign up on his website.

To my mind, everyone has something to contribute. If you are a student in college, you can contribute tips on engaging your friends and colleagues.

If you live outside the U.S. there are plenty of challenges we face in common and plenty of insights from your particular experiences that can be of value.

In that vein, I wanted to call attention to a course being offered free online by Stanford “How To Start A Start up” It is being hosted by Sam Altman of the venture firm Y Combinator. The course speakers are a who’s who of Silicon Valley.

It isn’t directly arts related, but there will obviously be some commonalities with arts business. Among the topics are building company culture, how to operate, how to manage and how to raise money. Everyone keeps talking about the need for a shift in thinking in the arts and this may spur some different approaches.

After learning about this class, I did a survey of all the Massive Open Online Courses being offered by different entities around the country -MIT, Stanford, Harvard, Coursera etc. No one offers anything related to arts administration that I could see. The only online arts administration program I am aware of is the Certified Performing Arts Executive program at University of New Orleans.

[N.B. Dang it! Nina Simon made a liar of me pointing out this course on arts innovation. It didn’t show up on my search because it started the day before.]

Given the lack of any centralized source of information, tips and tricks related to arts administration, a resource like the one Drew is proposing is sorely needed.

Please consider signing up to make a contribution. With your help, a lot of people will be able to hack being arts administrators

Info You Can Use: Artists U

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Springboard for the Arts recently profiled Artists U, an artist lead, artist centered professional development and planning project.

The project started in Philadelphia and has spread to Baltimore and South Carolina. Since they train artist facilitators to lead workshops elsewhere, their sessions may be coming to a location near you.

Artists U grew out of founder Andrew Simonet’s observation that:

“I went to so many [professional development workshops for artists] when I started out and so much of it was useless,” Simonet says. Workshops were often run by arts professionals, not artists, who didn’t understand or address the real struggles that artists face.

After attending a Creative Capital Foundation development workshop, Simonet “says he was “blown away” by “how wrong artists are in their vision of the world.” So one of the focuses of the training sessions and part of the Artists U website is to change the thinking and practices which undermine artists’ efforts.

The website also has a free to download book, Making Your Life As An Artist which addresses these issues in greater depth.

I have only generally skimmed the book thus far, but a section that immediately caught my eye was suggestions on reframing the way you discuss your work so that it will be engaging rather than alienating to most human beings. This is an area in which every artist and arts organization needs to evaluate their practices.

Take a look..

modern dance
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figurative
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Info You Can Use: Story and Pricing

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Seth Godin posted some thoughts about pricing that are worthy of consideration. The fact this post is about three times as long as his usual posts indicates the importance he places on the topic.

He tackled the concept of substitution which is basically what we talk about when we identify movies, television, Netflix, video games, etc as competitors for people’s entertainment dollars and time.

One of the key elements of pricing is realizing that people have choices, and that substitutes are available. This is more nuanced than it sounds, though, and I want to highlight key things to keep in mind when you think about how much to charge and how people might react.

Marketers make two mistakes over and over. They create average, commodity products and expect that people will pay extra for them. Or, in the other direction, they lose their nerve and don’t charge a fair price for the extraordinary work they’re doing, afraid that people will find a substitute.

This second paragraph that essentially summarizes the situation arts organizations face. Arts organizations are either accused of overvaluing their product and charging too much in the face of substitutes. Or they are accused of setting prices too low leading audiences to expect those prices should be the norm for something that cost five times as much to produce.

Godin addresses a number of factors which impact what price someone will pay. The one I felt was most applicable to the arts was:

Some goods are difficult to understand before purchase and use, and most consumers undervalue them and treat them like commodities

[…]

This leads to opportunity and challenge of marketers who choose to sell something that we don’t buy very often and that we can’t tell if it’s better (or if the story is true) until after we buy it. In situations like this, our instinct is to assume that the thing is generic, a commodity, not worth extra.

Having read this, it occurred to me that as arts attendance decreases there is an increasingly likelihood of arts experience meeting the definition of something that is difficult to understand before purchase and use. As a result, people see it as interchangeable with other entertainment options. To be fair, many elements of the experience are interchangeable, but others are not.

According to Godin, what enables you to sell a good or service at a higher price is if it has a story. The example he used are organic eggs. We are all probably aware of some aspect of the story associated with organic eggs: they are better for you; the chickens are handled more humanely; you support small, local farmers; lack of antibiotics and pesticides; locally sourced means a small carbon footprint in production.

Whether these things are completely true or not can be immaterial. If some part of the story resonates with the consumer, they become more willing to pay a higher price.

However, I think the story for the arts almost has to be more powerful than for organic eggs. When you are in the supermarket already, the story of organic eggs and your image as a responsible world citizen doesn’t have to resonate very strongly to divert your decision from one carton to another. If you are in a farmer’s market, the story and your self image are so self-reinforcing by the surrounding booths, it is actually easier to buy more than you intended.

When you are at work or at home making plans, the story offered by the local arts companies has to be pretty strong if it is going to influence your decision away from your usual activities.

Or at least this is the case for performing arts organizations. Visual arts organizations can benefit from impulse decisions. A couple weeks ago I was chatting with a friend at the front desk of the local museum and about five people came in saying they were in town for a funeral and decided to swing by the museum. Not necessarily the first thing that pops to mind when I go to funerals, but they enjoyed themselves.

In either case, if you do have a story, once people start to involve themselves with your organization, they integrate your story into their lives and it becomes easier for them to decide to do so again.

Info You Can Use: Fiscal Sponsorship As Apprenticeship Program For Non-Profits

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Non-Profit Law blogger Gene Tagaki recently tweeted a link to an article he wrote for the American Bar Association about 5 years ago urging lawyers to consider alternatives to forming non-profits organizations for their clients.

I should note that this article was written before the first Benefit Corporations were legal in the U.S. so that also remains an option to forming a non-profit.

One of the biggest considerations for not forming a non-profit is the fact that there are so many, with more being formed every day, but an ever shrinking supply of funding to support their efforts.

“Ron Mattocks, author of Zone of Insolvency: How Nonprofits Avoid Hidden Liabilities and Build Financial Strength, asserts that as many as one-third of the nation’s 1.4 million registered nonprofits operate in the zone of insolvency.
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If a nonprofit is insufficiently prepared to compete and operate in such an environment, the end product may be gross inefficiencies, frustrated founders, disillusioned donors, and fewer resources ultimately reaching its intended beneficiaries.”
 

There is also the issue of whether the founders have a realistic business plan that is viable amid the economic conditions present. Takagi also spends some time cautioning against founder’s assumptions of the amount of control they can legally exert over the organization.

Among the alternatives to forming a non-profit Tagaki suggests is actually working with an existing non-profit. I often wondered, if people are able to muster the resources to create an entirely new non-profit that overlaps or competes with an existing one, why not first approach the existing non-profit first proposing to enhance their efforts with an ancillary or complementary program.

That is pretty much what Tagaki suggests:

When appropriate, lawyers should make their clients aware of the following benefits of working with an existing nonprofit:

-Avoidance of start-up costs and administrative burdens of a new nonprofit.
-Increased efficiency in furthering the charitable mission by using an established infrastructure.
-Opportunity to gain experience and expertise in running a nonprofit.
-Development of connections in the nonprofit community.

Collaborating with an existing nonprofit is an alternative that may be considered even where the contemplated charitable idea is not currently being implemented by an existing nonprofit. A nonprofit with a compatible mission may be receptive to implementing and operating a new program, particularly if a volunteer is willing to bring resources to the table. Alternatively, the nonprofit may have institutional knowledge relating to the charitable idea and its implementation. Moreover, the nonprofit may open doors and leverage assets that might not be otherwise readily available, such as

-Existing resources, including staff, volunteers, infrastructure, and systems.
-In-house experience and expertise, which may allow the contemplated program to be launched and operated efficiently and in compliance with the law.
-Donor and business relationships, including with institutional funders, nonprofit leaders, allied organizations, and the media.
-Goodwill, which may provide the program with name recognition and built-in public trust.

The other alternative he suggests is a Fiscal Sponsorship where a project is housed within the auspices of an existing non-profit. It allows the project to take advantage of the non-profit’s status without needing to create a separate entity. If the sponsorship agreement is written correctly, the project has the freedom to move to another non-profit or perhaps spin off as a separate non-profit once they have experienced sufficient growth. Fiscal sponsorship arrangements have been used to host short term projects or as an incubator for fledgling non-profits.

The Sponsor usually retains a portion of the gifts as a fee (5-10 percent is common) and allocates the rest to the Project. The Project Initiators may serve as employees or volunteers of the Sponsor delegated with the responsibility of operating the Project. They also may retain the right to move the Project to another Sponsor or to a new exempt organization created to permanently house the Project. Any such rights should be precisely spelled out in the fiscal sponsorship agreement.

Fiscal sponsorship may provide a Project with immediate tax-exempt status, advantageous treatment as a public charity (i.e., nonprivate foundation) without independently passing a public support test, some degree of administrative support, and a governing body that has a duty to ensure that the Project is operating in compliance with applicable laws. The Project Initiators must weigh such benefits against a lack of autonomy; their limited control over the Project, which remains under the ultimate control of the Sponsor; and the sponsorship fees.

The trade-off aside, if a fiscal sponsorship agreement is written well it can be an extremely helpful process of essentially testing the viability of a concept and learning how to run a non-profit organization without incurring the start up costs.

I was not aware that this option really existed. It might almost be better if aspiring non-profits pursued this option more regularly. Even if it didn’t result in new organizations spinning off all that often, it could potentially create more robust non-profit organizations. (Perhaps even resulting in more nimble sponsored programs growing to subsume their nominal sponsoring parent.)

Since the fiscal sponsorship option is relatively unknown as an option, perhaps the biggest hurdle will be getting both parties prepared and willing to engage in such an arrangement.

It is well known that non-profits start new programs in order to garner funding to support their main goals. It would be easy for a sponsoring organization to starve the program it agreed to house of the resources it needs to succeed. From the other side, as Tagaki mentioned, once you bring your program under the auspices of a fiscal sponsor, their priorities need to become your priorities to a large degree.

Info You Can Use: Non-Profits and Loans

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If you didn’t catch it, in June Non-Profit Quarterly had a good 101 guide on when it is appropriate for non-profits to take out loans.  Most times you hear about non-profits and loans it is once the non-profit is in financial trouble and deep in debt.  The discussion of constructive use of loans by non-profit arts organizations is relatively rare.

In my own experience, conversations among arts administrators usually touches on earned revenue, fund raising/sponsorships and grants.  I have never heard anyone talk about using loans to fund an initiative. This might be, as the NPQ article suggests, there is a stigma of failure associated with taking out a loan. Or it might be simply that we are so used to worrying about falling attendance, lack luster fundraising and onerous grant writing that no one really thinks to mention loans.

In addition to discussing the times it is and is not appropriate to seek a loan, the article notes that there are no “one-size-fits-all” loans so organizations can negotiate terms that suit their needs.  They also provide a general sense of what answers and materials you might expect to be asked to provide as part of the loan process.

 

 

Stuff To Ponder: Professionalizing Non-Profit Boards

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Via Tyler Cowen at Marginal Revolution is a proposal put forth in the Stanford Law Review suggesting replacing board members with a professional board services company.

When I first saw the title “Why Not Put a Firm on Your Board” on Cowen’s blog, I thought maybe the Stanford article was going to be a satire of the whole “corporations are people” idea that is the basis so many recent Supreme Court decisions. However, they are completely serious and there is some sense to what they propose. (Though I suspect they may still have been inspired by the court.)

As I read the article, I started to wonder if something similar might be good for non-profits. The article is definitely aimed at large for-profit corporations, but the fundamental problems are the same:

-Both for and non-profit boards are comprised of people who have other day jobs and don’t have the time, either during or outside board meetings, to exercise proper oversight of the corporation.

-Board members either get too little information about the corporation to do their jobs, or are overwhelmed with too much.

-Board members often don’t possess specialized knowledge about the entity they are overseeing and therefore can not make good decisions.

-Finally, board members are in a position where they are more loyal to the management of the company than to the general community of stakeholders.

The articles authors propose a company, which they dub “Board-R-Us,” to provide professionalized oversight of management and assume legal liability for decisions made. I am not convinced that these companies wouldn’t succumb to pressure and influence from their clients like Arthur Andersen did or via their own corporate owners.

That aside, there were some compelling reasons for speculating on whether something like this might be viable for non-profits. In addition to the problems with effective oversight mentioned above, non-profit arts organizations often express frustrations trying to recruit a board that better represents the demographics of their community or target audience.

A board services provider (BSP) could recruit and train board members for a non-profit organization. A BSP would likely have extensive contacts at many companies, service organizations, universities, etc developed in the process of searching on behalf of many organizations which would make the search easier for them than for board nominating committees.

The BSP could advise both the organization and the board members about how to more effectively interact with each other so that neither dreaded attending regular meetings.

I am not sure if a BSP would essentially just be a recruitment firm or if the board members would work for them. The former situation would more easily permit board members to serve voluntarily. The latter might require a stipend of some sort.

I am not sure how a stipend might be resolved legally, but if a board member was paid by a separate company and if it wasn’t much more significant than gas money, it might pass muster.

One of the benefits of engaging a BSP for a non-profit is that you could actually have a healthy rotation of people through your board when the BSP assigned new people as terms expired.

A robust rotation system might also prove an incentive to companies to encourage employees to participate in non-profit boards via a BSP. The networking opportunities available as people rotated through the boards of different organizations can be valuable to companies. If the BSP is helping the non-profits provide pertinent information in an organized manner and the board meetings are being run efficiently, few may feel the experience is a waste of their time.

These scenarios assume a situation similar to the current arrangement of part-time board members helping to manage a non-profit with some guidance and oversight from a BSP rather than full-time oversight from a BSP simply because of the costs involved with the latter option.

In terms of how even part time services from a BSP might be paid for, I envision a dedicated good governance fund administered by a state arts council. If the arts council can’t find a source willing to specifically fund this, they might charge participating arts organizations a nominal fee and create a pool of money to pay a BSP.

The participating arts organizations could then choose from among a number of available board service providers.

The Arts Are Enough of a Gamble Without Casinos

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When you do a S.W.O.T. analysis for your organization (Strengths, Weakness, Opportunities, Threats), Opportunities and Threats were where you listed external situations that could help or hinder you.

When I worked at an arts center in southern New Jersey, one of the biggest threats was Atlantic City. While it might take you hours to get there in summer time traffic, Atlantic City was 45 miles away and therefore fell into the customary 50 mile exclusion zone that prevented performers from appearing within a certain time period before or after their event date. It frustrated the artistic director to no end because we would frequently be outbid and excluded by casinos in Atlantic City.

This is one of those situations where it is too simplistic to claim that arts organizations that can’t support themselves or serve their community ought to close. No one in the local community was going to Atlantic City to see these performers. There was sufficient community interest in seeing them, it was just that the organization was prevented from offering the shows which makes it difficult to generate revenue.

That is why I have been watching an effort by performing arts presenters in upstate NY to prevent the same thing from happening to them. Last October, a coalition of a dozen venues received “assurances from Gov. Andrew Cuomo’s administration that potential private casinos in New York will be required to partner with local arts organizations rather than compete with them.”

Earlier this month, the coalition, Upstate Theaters for a Fair Game, came to an agreement with 10 of the 17 casino license applicants.

“While we were not able to reach agreement with a number (of casino applicants), the agreements we have reached are significant because they declare clearly the size and scope of casino entertainment plans, they have joint booking agreements that will guarantee access for the casinos and for Fair Game groups to touring performers, they support the Fair Game Fund for those same facilities and establish arts granting programs for smaller organizations in every region,” said Philip Morris, the CEO of Proctor’s in Schenectady and the chairman of Fair Game. “Finally, should the plans the casinos propose be significantly changed, each applicant has agreed to mitigate those impacts with additional support.”

According to another article, the state mandated that some sort of agreement be made. The agreements provide some funding for members of the performing arts coalition, keeping a fair bit of the money in the community.

Under the agreements, casinos will share gambling revenue with the coalition. Amounts will vary by casino and region. Of the distributed gambling revenue, 85 percent will remain in the region where the casino is located, with 15 percent going to the Fair Game coalition. Of the 85 percent that remains in our region, 70 percent will be split by the Bardavon and coalition member Bethel Woods Center for the Arts, on the Woodstock site in Sullivan County. Bethel Woods and the Bardavon will distribute the remaining 15 percent to local arts organizations.

But agreements haven’t been made with everyone, some like the Mohegan Sun have publicly stated they will refuse to do so.

As some members of the coalition say, the situation is still evolving. This situation will be a good case study for what to do if faced with casinos or some similar competitive threat in your area.

I Gave Away My Right To Vote

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A couple weeks ago, I encouraged others to take away my right to vote.

Why? Because I am an ex-officio director on a board by dint of my position and during a recent review of the board’s by laws, I discovered they did not specify that my position was non-voting.

In a recent repost of one of her blog entries, Ellis Carter clears up some common misunderstandings about ex-officio officers, one of which is that the term means they don’t have voting rights.

There is often a misconception that ex officio board members lack voting rights. The term “ex-officio” has nothing to do with voting rights. Ex-officio directors can be voting or non-voting; therefore, it’s important to clarify in the bylaws whether ex officio board members have voting rights.

No election or appointment is required. Also, it can be very confusing to make a position “ex-officio” and subject the ex-officio director position to term limits. Ex officio directors are not generally subject to term limits because the director position is tied to the office. What happens if the term ends before the director leaves the office the position is tied to? The better practice is to avoid term limits for ex-officio directors all together.

Other than the fact the original intent has always been that the person in my position not have a vote, one of the prime reasons I asked to have the by-laws changed was to remove any concerns about a conflict of interest that might exist. This particular board’s sole existence is as an independent partner in the presenting season of the performing arts center I run. Among the things they vote to approve are fairly significant transfers of funds in support of that partnership.

While I have never attempted to vote and my presence has never been used to establish a quorum, there is always the possibility my position technically having a vote might be used as a tie-breaker in a contentious situation.

On the other side of the coin, there may be decisions the board makes that neither I nor the university will want to be entangled in. Closing an admittedly small opening to claim I might have voted on the decision is a good step to take.

It occurs to me to wonder if ex-officio board members are covered by board insurance depending on whether they have voting privileges or not. Are there any lawyers reading who might know?

Info You Can Use: Who Owns An Artist’s Booking Data?

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A very interesting question regarding the relationship between an agent and artist was recently broached on the Musical America blog. An agent who has an artist leaving their representation for another company asks who owns the leads and contacts they have cultivated on behalf of the artist.

However, the question has come up as to whether we are obligated to give the artist all of the leads and contacts we have been pursuing on his behalf that have not been booked yet. That doesn’t seem fair. We have been working on some presenters for years, have invested a lot of time, and consider that to be our proprietary information. If we turn all of that over to his new manager, that’s just going to be a gift to the new manager who will follow up on all of our work and take the commissions.

Now you may think the agent is correct. It doesn’t seem fair that the new manager will benefit from the efforts of the company that the artist is leaving. However, lawyer Brian Taylor Goldstein answers that under the law of agency, representatives, a term which applies to people like attorneys, realtors, accountants, artist agents, etc, work for a principal party and all the work they do belongs to that principal. (my emphasis)

…there are four key concepts:

(1) An agent works for the principal and, while the agent can advise the principal, the agent must follow the instructions and directives of the principal.

(2) An agent can never put his or her own interests above that of the principal.

(3) All of the “results and proceeds” of the agent’s work on behalf of the principal belongs to the principal.

(4) Any contractual provision, written or oral, that contravenes rules (1) – (3) is null and void.

In short, when a manager represents an artist, the manager has no proprietary information. In other words, those aren’t your leads and contacts, they are the artist’s. While your leads and contacts may start out as your own, once you contact someone on behalf of an artist, the artist is legally entitled to know anyone you have spoken to on his or her behalf, including the details of such conversation. Moreover, unless there is an agreement to the contrary, the artist is also free to contact anyone directly on his own behalf.

This information was surprising to me. I knew that this relationship existed with one’s realtor, but didn’t realize it extended to artists and agents/managers as well.

Goldstein goes on to explain that the law is set up this way to protect the agent from liability for any breach by the principal. The agent isn’t liable if the artist fails to show up for a performance, for example.

(Of course, since the agent will be the first to receive an emotionally fraught phone call if the artist doesn’t show, they will bear a lot of non-legal responsibility.)

He also enumerates a number of aspects of the agent-artist relationship that people may assume are a matter of law, but are merely a result of traditional practice, and perhaps due for a change.

We Are Too Small To Get Caught…Right?

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It used to be that there were constantly stories about copyright owners going after kids who had downloaded music and video or sampled/excerpted parts of works and represented it as their own. We would hear about companies tracking stuff on computers and going after the owners.

You don’t hear these sort of stories as much any more. Since many of the copyright owners were big corporations, perhaps they figured there was a lot of bad P.R. associated with their efforts.

Or maybe they felt like there was too much of the activity going on that it was fruitless to try to catch everyone and try to stop it.

I know that a lot of performing arts companies have taken liberties with the shows they produce, assuming that the country is so big and their organization so small that no one will bother to check up on them.

Well thanks to technology, it is apparently getting easier for performance rights holders to monitor production activity. Or at least technology is making us more aware that the rights holders are checking on and catching people.

A recent You’ve Cott Mail brought attention to a couple cease and desist letters issued last week due to unauthorized script changes.

An article about a Milwaukee production of David Mamet’s Olenna implies they got caught making their unauthorized change when a review of the show appeared online.

As first reported by Howard Sherman, Hands on a Hardbody show creators actually attended a performance in Texas and noticed the show wasn’t the one they created. A number of actions were subsequently taken by the Dramatists Guild and Samuel French, Inc, which appear in updates on Sherman’s post.

These aren’t isolated incidents. Howard Sherman has been keeping an eye on these issues and addressing them on his blog. Back in January, he discussed the Asolo Repertory Theater having to postpone their opening when they got caught rewriting Brian Friel’s Philadelphia Here I Come! [Disclosure: I worked for the Florida State University side of the Asolo about 20 years ago.]

Sherman also covered a Long Island* high school making unauthorized alterations to the school edition of Rent

There are a lot of issues connected with artistic freedom, color blind casting, community standards and the comparative attitudes of material creators toward their works that factor into these stories. Most are addressed in the dozens of comments on Sherman’s posts. They are a good place to start if you aren’t familiar with the basic, but common, issues related to the stage.

While the performance licenses are pretty explicit about what you can and can’t do, the conversation about intellectual property is always evolving so it is definitely something to keep an eye on.

Not to mention that if you have been flaunting the conditions of your license assuming that you won’t get caught, it may be time to reassess that belief.

*I mistakenly misidentified the school involved with Rent as being in CT. Thanks to Howard Sherman for bringing the mistake to my attention

What Do You Know About Your Emails?

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If you are like me, you may be taking time this summer to re-evaluate some of your practices like email marketing. Last year, I came across an interesting set of email marketing myths.

Now I know, these sort of articles are pretty common so I did a search for similar stories and actually found this list popped up fairly frequently. That must mean this list of myths is true…or that they have a really good email mailing list. In either case, they must know what they are talking about, right?

Two of the “truths” that caught my eye were for myths 2 & 3 – 85% of opens happen within two days of receiving an email, but only 21% of purchases happen during that period. 32% happen two weeks after. And “20% of your annual openers do so after being inactive for 6 months.”

First, let me say for the record I can’t believe any company is actually ceasing to send me emails after I fail to respond or take action for 6 months. It is hard for me to believe any company thinks they should give up after 6 months and actually does it.

That said, the basic idea that people are engaged by your communication and your organization long after you might assume they are hearkens back to the research presented by Andrew McIntyre a few years back that indicated people often felt a close association with a company/arts organization even after 2-3 years of inactivity.

This is just another bit of evidence from a different quarter that reinforces the concept of not giving up hope that a person will continue their participation in your activities.

The facts for myths 4, 5 and 6 were interesting to me. The fact that fewer than 1 subscriber in 2000 will tag an email as spam was interesting me. I don’t think I ever tagged a non-Viagra related email as spam myself, but I always worry that recipients might be liberal with the spam button. I am less concerned now.

I was also surprised to learn “sending four emails a month instead of one doubles the number of consumers opening one or more emails..” Post author Mark Brownlow explains,

“Don’t get misled by changes to rates. All things being equal, if you double your frequency and average click rates drop 20% that’s a win.

1000 mails/month at 10% CTR = 100 clicks

2000 mails/month at 8% CTR = 160 clicks

The converse is also true. If you remove 60% of your list and see click rates double, you’re actually losing.

1000 mails at 10% CTR = 100 clicks

400 mails at 20% CTR = 80 clicks”

In responding to myth 6 about shorter subject lines being better, Brownlow encourages people focus on being efficient with subject lines, but give yourself permission to use whatever words are necessary to make your impact. The infographic presents some interesting data about subject lines – less than 60 characters increase opens, but those over 70 characters increase clicks.

Of course, as they say, your mileage may differ and you really need to pay attention to the characteristics of those you are reaching. Brownlow cautions in the comments section, “…Many recommendations are based on scenarios or averages that may not fit your particular situation. As you say, testing is important…”

If you are apt to dismiss the data in the infographic as not matching your experience, then you can’t cleave to the myths as being true in turn because they aren’t likely to be true for your situation either.

Even after decades of using email, it is extremely difficult to calibrate its use as a marketing tool because the way people use the technology is constantly evolving.

I am keeping one eye turned toward Adam Thurman over at Mission Paradox blog. Last month, he was looking for guinea pigs to test and provide feedback on his email marketing class. I am interested to see what he may have developed.

Info You Can Use: Legal Tips

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A couple weeks ago, Gene Takagi of the Non-Profit Law Blog made a post cautioning lawyers about issues to consider when representing a nonprofit.

As you might imagine, every one of his tips were important for members of a non-profit board and leadership to know as well. Some of his traps and tips are frequent points of conversation in the non-profit arts community: don’t write a mission statement that is too restrictive; be sure you have a viable business plan and don’t assume non-profit status is your only option; boards members should be aware they have a very real governance role; non-profit doesn’t mean tax-exempt or no-profit; all overhead is not bad; get board and directors insurance.

There were also some topics that are less frequently discussed:

Traps
1. Failing to inform the client at the outset of representation that you represent the organization and not any individual directors or officers.

4. Including “non-voting directors” in the organization’s bylaws (under most states’ laws, there is no such thing as a “non-voting director” and, subject to very limited exceptions, each director has the right to vote on all matters before the board).

5. Providing in the bylaws that the board of directors may combine in-person votes at a meeting with email votes to take board actions.

6. Reinforcing the myth that nonprofits should always minimize overhead expenses (even at the expense of building an appropriate foundation on which to build the organization’s operations).

7. Failing to inform the client about the differences among volunteers, independent contractors, and employees, and the risks of misapplying these classifications.

10. Failing to discuss with the client the benefits of having organizational policies that address the legal and management implications of conflicts of interest, proper gift receipts, misuse of social media, expense reimbursements, acceptance of noncash gifts, document retention/destruction, and whistleblowers.

For me, that first one about the lawyer representing the organization and not you always strikes me as worth repeating. I have never had the ill-fortune of being in a situation where there was a even the whiff of legal action. However, when I am reviewing contract clauses that make me uneasy or am faced with a potentially contentious encounter, I will find myself thinking that the legal department will cover me if worse came to worse. Then I have to remind myself that in fact, they won’t necessarily have my back because they serve the interests of the organization, which may not include protecting me.

Point #5 about mixing in-person and email voting is a reference to a prohibition in California law. However, reading the rationale behind the illegality of such action, it seems reasonable to expect other states would have a similar restrictions.

Since I have heavily summarized his post, it is worth taking a look at everything Takagi cautions and advises for the legal health of a non-profit

Do You Underestimate The Customer’s Journey?

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Inc Magazine recently had an article of 100 Great Questions Every Entrepreneur Should Ask. As you might imagine, there was a lot in the list that have relevance to non-profit organizations.

Some deal with topics that continually arise in conversations about the arts like relevance; allowing a pursuit of funding to divert the organization from its mission; and what metrics are being used to define success.

1 How can we become the company that would put us out of business? -Danny Meyer, CEO of Union Square Hospitality Group

2 Are we relevant? Will we be relevant five years from now? Ten? -Debra Kaye, innovation consultant and author

52. If our company went out of business tomorrow, would anyone who doesn’t get a paycheck here care? -Dan Pink

6. What trophy do we want on our mantle? – Marcy Massura, a digital marketer and brand strategist at MSL Group
Massura explains, “Not every business determines success the same way.Is growth most important to you? Profitability? Stability?”

7. Do we have bad profits? -Jonathan L. Byrnes, author and senior lecturer at MIT
Byrnes explains, “Some investments look attractive, but they also take the company’s capital and focus away from its main line of business.”

8. What counts that we are not counting? -Chip Conley, founder of Joie de Vivre Hospitality and head of global hospitality for Airbnb
Conley explains, “In any business, we measure cash flow, profitability, and a few other key metrics. But what are the tangible and intangible assets that we have no means of measuring, but that truly differentiate our business? These may be things like the company’s reputation, employee engagement, and the brand’s emotional resonance with people inside and outside the business.”

Others focus on customers/audiences.

10. Are we paying enough attention to the partners our company depends on to succeed? -Ron Adner, author and professor at Tuck School of Business
Adner explains, “Even companies that execute well themselves are vulnerable to the missteps of suppliers, distributors, and others.”

17. Which customers can’t participate in our market because they lack skills, wealth, or convenient access to existing solutions? -Clayton Christensen, author, Harvard Business School professor, and co-founder of Innosight

21. Who, on the executive team or the board, has spoken to a customer recently? -James Champy, author and management expert

32. Do we underestimate the customer’s journey? -Matt Dixon, author and executive director of research at CEB
Dixon explains, “Often, companies don’t understand the entirety of the customer’s experience and how many channels may have already failed them. They don’t understand that the customer goes to the website first, pokes around but can’t find the answer to their question, and then tries to start up a chat with an agent, only to get frustrated by the delayed response. Only then do they go to the Contact Us tab and call. From the company’s perspective, the call is square one. The customer sees it as, you’ve already wasted 15 minutes of my time.”

62. Do we say “no” to customers for no reason? -Matt Dixon
You may have created your customer policies at a time when you lacked resources, technology wasn’t up-to-snuff, or low service levels were the industry norm. Have those circumstances changed? If so, your customer policies should change to

Number 17 needs no explanation. I actually was somewhat reassured by the fact that for-profit business faced the same challenges about education/skills, access and wealth that non-profit arts organizations do.

I was drawn to #32 because it is so easy to be unaware of all the hurdles a customer faces when dealing with you.

Number 62 also strongly grabbed my attention because it emphasizes the need to constantly revisit and revise your policy. It had particular significance to me because I recently discovered that a practice I assumed was due to technical limitations was erroneous, and was in fact just a matter of history and habit. As a result, we will be selling new subscriptions two weeks earlier this year than in the past.

Number 10 I read both as not giving customers what they need to have a successful experience, but related to partners and colleagues as well. Are you paying attention to the health of businesses you depend on as well as that of other arts organizations in the community? Even if they are doing fine, could more clearly communicating your needs to them lead to a more efficient outcome for both of you? Could mutually beneficial partnerships result, strengthening both organizations?

Some of the question were focused on strengthening your company internally in terms of thinking, planning and self/employee development.

3. If energy were free, what would we do differently? -Tony Hsieh, CEO of Zappos
Hsieh explains, “This is a thought experiment to see how you would reconfigure the business if you had different resources available or knew that different resources would one day become available. Another question might be, what if storage was free? Or what if labor costs half as much or twice as much?”

9. In the past few months, what is the smallest change we have made that has had the biggest positive result? What was it about that small change that produced the large return? -Robert Cialdini, author and professor emeritus of marketing and psychology at Arizona State University

16. If no one would ever find out about my accomplishments, how would I lead differently? -Adam Grant, author and professor at Wharton

22. Did my employees make progress today? -Teresa Amabile, author and Harvard Business School professor
Amabile explains, “Forward momentum in employees’ work has the greatest positive impact on their motivation.”

37. Am I failing differently each time? -David Kelley, founder, IDEO

The last one about embracing failure is a familiar topic of discussion even in the arts community today.

These last few (though there are many like them in the article) remind business leaders to be introspective of themselves and their companies. It is easy to overlook things like the change that made the biggest impact, or even attribute the impact to something else unless you stop and think about the true source. Certainly paying attention to progress of employees is one way small changes can manifest as big impacts over the course of a few months.

Perhaps the toughest of these last handful of questions is #16 because it challenges you set aside your ego in order to be a more effective leader.

Info You Can Use: Evidence vs. Emotion In Fundraising

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This week Marginal Revolution blog linked to a study addressing the claim of many donors that they are motivated to give by the effectiveness of the charity.

The researchers worked with the charity, Freedom from Hunger, to send out two nearly identical letters.

In the first experimental wave, the control group received an emotional appeal focused on a specific beneficiary, along with a narrative explaining how FFH ultimately helped the individual. The treatment group received a similar emotional appeal (trimmed by one paragraph), with an added paragraph about scientific research on FFH’s impact. The second wave was identical in design, except that the treatment group narrative included more specifics on the research, and briefly discussed randomized trials and their value as impact assessment tools.

They found that adding the scientific data didn’t have an impact on whether someone donated and how much they donated in the full sample. However, the full sample includes previous donors as well as those who had never donated before.

There was a significant difference when they looked at just those who had previously made a donation. (I have inserted a paragraph break to the original text to provide easier reading)

We find that presenting positive information about charitable effectiveness increases the likelihood of giving to a major U.S. charity for large prior donors, but turned off small prior donors. This heterogeneity is important, we believe, and is consistent with a model in which large donors (holding all else equal, including income and wealth) are more driven by altruism and small donors more driven by warm glow motives.

Altruistic donors, we posit, are more driven by the actual impact of their donation, and thus information to reinforce or enhance perceived impacts will drive higher donations. On the other hand, for warm glow donors, information on impacts may actually deter giving by distracting the letter recipient from the emotionally powerful messages that typically trigger warm glow and instead put forward a more deliberative, analytical appeal which simply does not work for such individuals.

Now whether the results for a large national human services charity will be consistent for a smaller, regional cultural charity, is uncertain. The fact that larger donors may be motivated by evidence of effectiveness and smaller donors by emotional appeal and turned off by effectiveness data is definitely something to think about.

Classical Music, Out standing In The Field

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I wanted to call attention to John Luther Adams today. It may have escaped your notice that he won a Pulitzer Prize for Music yesterday for his composition, “Become Ocean.” (sample here). It certainly escaped my notice.

I had a faculty member come to my door talking about how he spoke to Adams today and how he has known the composer for awhile and Adams had played his music on his radio station in Alaska. I think the faculty member assumed I knew about the Pulitzer, which I didn’t. I thought he was just going on about a buddy of his.

It was only after the faculty member left my office and I Googled Adams’ name on a lark, that I discovered he was a big deal. Adams’ work was much more accessible than the faculty member’s comments lead me to believe. (Especially in the context of some of the music samples he has given me in the past.)

As I looked around for some other samples of Adams’ work, I found this video of his “Inuksuit” at Park Avenue Armory which really excited me. As Alex Ross mentions in his article on the performance, Adams never intended for the work to be performed indoors, but saw a lot of possibility in the cavernous armory. He set up 76 musicians throughout the drill field, catwalks and adjoining rooms and encouraged the audience of 1300 to wander among and with them.

What excited me was that we so often talk about getting orchestral music out of the concert hall and here was a piece that was never envisioned to be indoors.

There was the recent question of whether American orchestras are ignoring American music. Between Adams’ Pulitzer win and his willingness to have his music played under the sky, there is incentive to pay some attention.

Concerts like this will generate a clear dividing line between those who yearn to listen in acoustically perfect halls and those who don’t. Symphonic  and chamber music wasn’t written for warehouse spaces so I don’t advocate trying to impose the “Inuksuit” format on them.

“Inuksuit” seemed to be much more about experiencing the music than listening to it. I would guess concerns about coughing, opening cellophane candy wrappers and cellphones ringing in the middle of the show never emerged. For all the people who were up and walking around, it seemed like at any one time the majority actually sat/laid quietly and let it all wash over them. And the audience definitely did experience and respond. If you look at the last 2 minutes of the video, as the sound produced decreases, so does the physical movement in the room and nearly everyone stands still.

I don’t think anything about this negates the value and need for quiet moments in music found in conventional orchestral pieces. Listening to “Become Ocean,”  Adams definitely has an appreciation of silence, as you might expect of a composer who takes nature as his inspiration.

In fact, there seems to be an impulse for “Become Ocean” to escape the room.

From his NPR interview it almost sounds like the walls are a hindrance (my emphasis):

“It’s scored for large symphony orchestra, a bunch of percussionists, a large string section, full woodwinds and brass and even four — count them, four — harps. The orchestra is deployed as three separate ensembles. It’s really a piece for three orchestras. The different instrumental choirs are separated as widely as possible in the performance space.”

X Degree + Y Experience = Happy Employer?

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Over at Marginal Revolution blog, Tyler Cowen draws attention to two studies, one that suggests that internships are more valuable than business degrees when it comes to finding a job. The researchers sent out over 9000 fictitious resumes to jobs  in banking, finance, management, marketing, insurance and sales. Some applicants had business field degrees, others had arts and sciences degrees like history, English, biology and psychology.  As a liberal arts major, I am encouraged by the first sentence.

Despite applying exclusively to business-related job openings, we fou nd no evidence that employers prefer to interview job seekers with business degrees over applicants with nonbusiness degrees. In addition, there is no advantage, in terms of job opportunities, associated with a particular degree; that is, students with particular business degrees (e.g., finance, marketing) fare no better than students with particular non-business degrees (e.g., english, psychology). However, we fi nd strong evidence that internship experience improves employment prospects in economically and statistically signi cant ways. Applicants who were assigned a three-month internship (Summer 2009) before they graduated with their Bachelor’s degrees (May 2010) receive about 14 percent more interview requests than those who were not assigned internship experience. The “return” to internship experience is quite large for both business and non-business majors, but it is economically larger for non-business degree holders than that for business-degree holders…More research is needed to better understand the channels through which college degrees and internship experience aff ect employment prospects.”

There has been a lot of discussion about unpaid internships in the arts, including one last week on HowlRound. These discussions often raise the point that the internship system favors those with the financial and familial support to survive while making little to no income.

The question I wanted to address in the context of this study, however, is whether a degree or experience is more important for the practice of arts management.

A good number of job listings out there require an MFA. If they will accept experience in the place of an MFA, it is as much, if not more, time than would have been required to complete the MFA.

For instance, a recent job posting for the Executive Director of Buffalo Studio Arts requires “Master’s Degree, plus 2 or more years experience at a not-for-profit organization, preferred; Bachelor’s Degree, plus 5 or more years experience at a not-for-profit organization, acceptable”

Another for the Executive Director of the Graham Center at Florida International University required “Master’s degree in an appropriate area of specialization and eight years of experience; or a bachelor’s degree in an appropriate area of specialization and ten years of experience. ”

Now given that a Master’s degree can take 1-3 years to earn, with an MFA being 2-3 years, these jobs can be viewed as requiring slightly more or equivalent experience from a person without a Master’s.  With the first description only deeming a Bachelors and experience as acceptable, it seems you are at an immediate disadvantage without that Master’s. This verbiage is not at all uncommon.

As for the second description, if a person with a BA has 8 years experience, there probably isn’t much more to be gained in those additional two years to bring them on par with a person with a Master’s degree. They are either as good or better at year 8, or they aren’t.

In the Buffalo example, I think the determining factor comes down to opportunities which translates to experience. A person with a Master’s and two years of good opportunities is  going to be preferable to a person with a BA and five years of poor opportunities. But a person with a BA and three years of good opportunities is easily going to be preferable to a person with a Master’s and three years devoid of practical experience.

But is that how arts employers approaching hiring? Perhaps they do and just use that Master’s = Bachelor’s + Experience to signal expectations and encourage people to self select out of applying. Not that it keeps 50 unqualified people from applying for every qualified person.

My suspicion is that many arts employers adhere closely to that equation to make it easier to sort through the 100s of resumes by preemptively tossing whatever doesn’t neatly fit.

It isn’t fair to single arts employers out in this regard. Any degree serves as a imprimatur for a job applicant in any field. It is a shortcut people use as a guarantee of quality which is why so many people seek to get a college degree even though they may not be suited for college.

Does this bring about the best result for the organization? That is something each has to answer.

Now, it should obviously be acknowledged that I have an MFA so I tend to pass that initial test of fitting into the equation.

I have hired people who didn’t fit neatly in to the equation and benefited from it. Some times there was a large element of faith involved, but that is true in all cases regardless of degree attained.

Again we come back to that first question, how much do the degrees matter versus experience? When I go to conferences and interact with agents, artists and other presenters, I don’t care about the degree anyone has attained. I don’t get better service from people with master’s degrees than those without.

However, I do care and can tell if someone is inexperienced. Experience does have bearing on the quality of service received.

Of course, I am only interacting with people for a short period of time. Degree earned may have a significant impact on the experiences of boards of directors, organization staff and audience base who have to live with them.

As a person who has earned a Master’s degree, I could point to how my degree had a positive impact on the organizations I have worked for. I can also point out how my lack of experience had a negative impact on the organizations I have worked for, even after earning the degree.

Thoughts?

Arts Residency In Santa’s Cabin

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Came across an interesting artist residency program that is currently soliciting applications about two weeks ago. Cabin Time describes itself as “a roaming creative residency to remote places.”

The residency program takes 12 creatives to remote parts of the U.S., allowing each to work on some sort of project. They host both a summer and winter session. This August they are going to be in Santa, ID. In previous years they have been onsite in places like Desolation Canyon, Green River, Utah and Rabbit Island, Lake Superior, Michigan.

Cabin Time has videos and photos from each residency that make it difficult not to want to go out and create something amid all the natural beauty.

If this sounds interesting and you qualify as one of those “Cabin Time invites artists, designers, writers, musicians, scientists, sign-painters, bird-watchers, cheerleaders, schemers and dreamers to make site-specific work in cooperative intentional isolation,” you might consider submitting an application. Deadline is noon on June 2.

Whisper Sweet Nothings In My Ear

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Last summer there were a number of stories about how the Seoul city government installed a giant ear sculpture into which citizens could make comments. The ear was served something of a dual purpose as a comment box and art installation. The comments were recorded and then played inside city hall. Sensors measured how long people stopped to listen, archiving those that gave pause for potential further action and composting (term the article uses) those that aren’t popular into music.

It has taken about 6 months of that percolating in the back of my consciousness for the obvious to occur to me. Duplicating this effort would be a visually and procedurally interesting way to collect feedback from the community about what you should be doing. If your organization is in a high traffic area, you could put it out on the sidewalk or move it around your community setting it up at the mall, fair grounds, park and other public places so that people could tell you what they thought about your organization, the programming, outreach efforts, etc.

Basically, it might provide a good opportunity to hear from the people who never set foot near your organization. Some big sculpture is probably much more interesting and engaging than having a survey firm cold call every phone number in town in order to reach those in your community you aren’t already serving. Granted, the feedback from a phone survey can provide more scientific results, but it probably wouldn’t be as effective at building relationships and goodwill.

The other obvious use is to plop it down in your lobby to try to capture some responses from attendees who won’t provide responses to your written or online surveys. Just the novelty of interacting with whatever figure you choose to use might elicit a number of responses.

Of course, if you go the talking Paul Bunyan statue route and have a staff member get your sculpture to respond, you might actually be able to (gently) guide the discussion to topics to which you are interested in getting answers.

Info You Can Use: Rural Arts

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Last week, Americans for the Arts held a blog salon on Rural Arts.  There were a lot of familiar names and faces with posts by Wormfarm Institute and Springboard for the Arts’ rural offices, but there were more people with whom I was unfamiliar.

There were three posts that jumped out at me, likely because they were aligned with my penchant for practical knowledge. Two were by Savannah Barrett with Art of the Rural which is coordinating 2014 as Year of the Rural Arts.

Her first post suggests working with Cooperative Extension Services in your community as a method of developing the arts. Cooperative Extensions in many states operate arts extensions as part of their services and apparently the national 4-H has recently started placing a greater emphasis on communication and expressive arts according to Barrett.

Her second post lists federal and philanthropic resources that are involved with rural arts.

The third post was made by Shannon Ford from the Tennessee Arts Commission. He lists 6 characteristics which he has identified as making arts rural programs successful. Most of the characteristics are common to pretty much any activity planned by an arts organization- clarity, sustainability, evaluation. However because resources are often particularly scarce in rural communities, the need to be focused on these areas is especially important given the small margin of error.

This is why he emphasizes visibility and partnerships as a way of leveraging good will and shared resources as a way to communicate your goals to many corners of the community and achieve investment.

His last characteristic, authenticity, seemed most important of all given that the values of a rural community are shared. By which I mean in the general sense and in the course of conversation. Even if two people aren’t of like mind about your efforts, whatever you do is going to be a topic of  their conversation. As Ford notes, “No good ever came of ignoring your community’s cultural context or norms, and rural perspectives have a long history of being ignored.”

If you are interested in learning more, Americans for the Arts is hosting a three webinars on the rural arts starting Wednesday, February 26, each at 3 pm EST.

Wednesday, February 26, 2014: Economic Development and Art in Rural Communities

Thursday, February 27, 2014: Resources For Rural Arts

Friday, February 28, 2014: Placemaking in Rural Communities

Put The Keg Under The Dali

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I ended up with an interesting juxtaposition of articles today. After clicking on interesting looking links in my Twitter feed, I had an article asking whether children should be allowed in museums come up in a tab next to tab with YouTube videos about the student art rental program at Oberlin College.

The article about banning kids from museums was a reaction to parents letting their child crawl all over a sculpture worth $10 million at the Tate Modern. Compare that to my realization that Oberlin has been renting out their priceless Dalis, Picassos, Chagalls, Calders, etc to their students for $5 and has been doing so since 1940.

Apparently they haven’t had any lost or damaged in all that time. There is a lot of competition for the paintings with the students camping out all night to be near the head of the line and consulting maps of where the pieces will be located in the room to strategize what they will grab first. (They are limited to 2 pieces though)

Given that Frank Almond recently had his violin stolen coming out of a concert hall, it is amazing to me no one has targeted the student dorms to grab the painting.

And it should be noted, contrary to what is initially claimed in a blog on the Oberlin website, these pieces are not works that would otherwise remain out of circulation. These works are particularly set aside for this rental program and distributed and returned every semester without much incident.

Between the two situations comes the question about the best way to instill a respect for art. Do you keep kids out of the museum until they are mature enough or try to engender respect throughout their lives? Frankly, I recall wandering the Museum of Natural History on my own when I was in 10 or 11 years old so my feeling is that most kids can handle themselves if properly trained.

Presumably college students are mature enough to appreciate art in a museum, but do you dare let them take it and hang it in their dorm room?

Well, clearly you can at Oberlin at least. But the practice of lending out priceless art works like library books hasn’t caught on  with museums in any widespread way, despite Oberlin’s 70+ years of success with it.  I simultaneously cringe at the idea of a museum doing so and feel slightly ashamed at being so distrustful with so little evidence that people who would borrow can’t be trusted.

No Venue Is Too Small To Be Sale Spoofed

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I never really thought of my venue and the shows it presents as a target for ticket resellers and secondary market brokers, but a recent incident provides a cautionary tale.

I had a woman make an appointment to see me to complain about the excessive services charges assessed by our ticket office. Now, our charges are rolled into the price so I thought she had ordered her tickets via Ticketmaster even though she swore she called our number.

When she brought her paperwork in, it was apparent the answer was much more complicated. The receipt showed that the order was placed during the week our ticket office was closed for Christmas holidays. Not only that, the charges for the tickets were twice the face value of the show (a renter presenting an Elvis impersonator).

We don’t know what number she called to order the tickets, but what we ended up piecing together was that a guy in Washington state basically took her request, went online to Ticketmaster and ordered the tickets, chose print at home and then FEDEXed the tickets to her, tacking all sorts of service charges on to the already over priced tickets. When we went in to the system to check if the tickets were actually valid, his name and address were associated with the seats and matched the address on the sales receipt.

In the end, the woman ended up paying over $120 for two tickets that would have cost her about $43 had she reached our ticket office.

In retrospect, I realized I had seen similar offers for our tickets on Facebook and Twitter. One posting was offering tickets to one of our shows, but had linked to a similarly named venue about two hours away. At the time, I thought they put our date on a concert being performed by the same group at another time and the prices were for those seats.

It was only later that I realized the concert in that city was being held at an entirely different venue. Our date was right, whoever was selling just linked to the seating map at the wrong venue.

Since then, I have paid closer attention and have seen people offering tickets on Twitter and Facebook to some of our events at jacked up prices. This isn’t secondary market selling, the seats they offer are in rows where no tickets have been sold and at a time when the event isn’t really in any danger of selling out.

This isn’t technically web or email spoofing since no one has tried to directly impersonate us. This just takes advantage of someone’s lack of knowledge or attention when they are ordering.

This sort of scam is difficult to warn people about. Those who are subscribers or have a close enough relationship with your organization that they read any correspondence they receive from you warning about this situation probably know enough to discern when they are not talking to an authentic representative.

The woman who complained to me actually had her call forwarded a couple times and then was instructed to go online to another site in order to buy the tickets. The inconvenience of this process alone probably would have tipped our regular customers off.

So in addition to watching social media for any positive or negative comments about your organization, you should keep an eye out for people pretending to be one of your ticket outlets as well.

There’s No Quitting In Dance

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I was a little surprised by the news last week that the entire board of Minnesota Dance Theatre resigned. I thought at first that perhaps there had been a rift in the board and many of them resigned in anger, but as far as I can tell it was everybody.

I was hoping more information would emerge since then, but as of this moment, there is no clear explanation as to why. For awhile, I had thought perhaps the founder pushed them out, but she died in 1995. Her daughter is now leads the company.

This whole incident touches on the topic of who owns a non-profit.

However, the real concern for me is that the board has legal responsibilities for the organization and is better off not resigning. I wrote about this a couple years ago. Resigning is the worst possible option if a non-profit is in dire financial straits because you may end up subpoenaed as the courts resolve the issues, but you no longer enjoy any of the protections of board insurance.

All the articles I have read say the organization is in stable financial shape. But if there are any legal issues that arise, this decision could come back to haunt the board.

[hr]

Title of this post inspired by “There Is No Crying In Baseball” scene in A League of Their Own

Info You Can Use: Netflix HR Policies and the Arts

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Apparently Netflix Powerpoint presentation on human resources has been getting a lot of views this last month. I remember being able to read the accompanying article on Harvard Business Review at one time, but it seems to be protected by a registration requirement now.

The Powerpoint presentation can be viewed however and has some interesting lessons about employee relations for non-profit arts organizations. I will state outright that probably the biggest hurdle for arts organizations will be paying top dollar for top talent since the arts are often limited in their earning ability. However, given that arts people are often motivated by psychic income rather than monetary income, some of Netflix basic philosophy may apply.

Or perhaps having highly talented people working for you and following their ideas about jettisoning process and procedure can help you identify income streams needed to provide appropriate remuneration.

There are 126 slides so I can’t really summarize the whole presentation, but I wanted to talk about a few that stuck out.

Slides 4-18 talk about the values of Netflix making it clear that their view is that the true values of any company aren’t what they say they value on paper, but what employee activities are actually rewarded. A company says they value integrity, but punish a whistleblower, then that is not a true company value.

This is something to think about when writing your organizational values and mission statement. It almost seems best to be like the college campus that only puts in sidewalks when they see where the students walk to get between buildings. It might be best to enumerate the values you do exhibit rather than the ones you aspire to–and then revise as you evince more constructive behavior.

The thing about Netflix HR policy that most companies might have a hard time implementing is in slide 22. “Adequate performance gets a generous severance package.” They want people who are performing at their best and give those who aren’t the boot, but in the nicest way possible.

In the article which is now behind a registration system, they talk about a woman who was a great producer, but as technological advances left her behind, she couldn’t conform so they sat her down. They make it sound like she was relived to be let go (and maybe the severance package is just that good).

It seems a little cold hearted, but it does show they are in earnest when they claim a commitment to only working with the top talent they can find. In the slides that follow, they talk more about that, saying they use the metric of who would they fight to keep if the person was being hired away. You keep those you would fight for and give severance to everyone else.

To be fair, they say the approach should go the other way (slide 27) and that every employee should periodically ask what their manager would do to keep them on if they gave their two weeks. Later in the slides, they say that interviewing with other firms while working for Netflix is not a sign of disloyalty, but a good way to discover your market value, just make sure you don’t reveal any corporate secrets. (slide 108)

In slide 38, they admit working for them is not for everyone. They focus on results, so you don’t get an A for effort.

Where things get interesting is around slide 43. This is where they talk about why they are so focused on only keeping the most talented people. They note how companies often start curtailing freedom as they get bigger and more complex. Companies will add processes, but Netflix says that is only a short term solution because they lose their ability to be flexible (slide 51-61) in the face of change.

The solution is to increase the level of talent in your organization faster than complexity, that way you have self-disciplined, creative people working for you who don’t require tons of processes to keep them reined in.

This is the part I felt was most applicable to the arts. The conversation these days focuses on how inflexible arts organizations are at responding to the changing operating environment. Yet we have some of the most talented, creative people working for us. Small arts groups are nimble, but as they grow and become established, they generally seem to become less flexible. The size and desire for job stability by the employees has frequently been identified as prime culprits.

But according to Netflix you can have growth, organizational flexibility and job stability, so perhaps it is the processes that are to blame.

The next slide was the one that intrigued me most:

not so creative

 

That last line implying it is better to be flexible enough to recover from a problem rather than having rules to prevent them really caught me off guard. And in the slides that follow (63-71) they give examples of good and bad processes and discuss how their famous “take whatever vacation time you want” policy came into being. (Slide 67 is essentially the thesis)

But the idea that it is better for creative environments to take errors in stride and move past them echoes the oft expressed idea that artists and arts organizations shouldn’t fear making mistakes and taking risks because it is integral to self-development.

There are some interesting slides on employee relations, providing context rather than attempting to control (81-87). I don’t want to get into summarizing that because I wanted to tackle their compensation policy.

Their philosophy is that the compensation for each person is individual and they should be paying top market price for that person. And that they shouldn’t wait until an annual review to award an increase in compensation if they realize they are not paying top dollar, they should do so immediately.

Compensation is not dependent on Netflix success.  (96-104) They are against giving raises based on job title (what are all other marketing directors getting? Not all people with that title are of the same quality), or giving across the board percentage raises, or practicing internal parity (everyone in the department/seniority get paid the same).

For Netflix, monetary compensation is everything. I imagine that is because they are hiring people who are both very talented and motivated by the idea monetary compensation is everything.

For arts organizations, it is probably possible with some thought to find non-monetary rewards that motivate employees along the same philosophical lines utilized by Netflix. Perhaps flex time, access to facilities and supplies to exercise their creativity, use of organization owned housing for out of town guests at Christmas, etc.

Given the idea that compensation level is personal to each individual, the opportunities provided to each person may be different. An administrator and a receptionist may end up making the same salary because the administrator values being able to use the ceramic studio to create works they can sell over being paid more.

If you subscribe to their philosophy that A level results for B level effort gains you greater responsibility and compensation that will allow you to grow within the company, then a receptionist who has made great contributions could be promoted to the marketing department.

But then you potentially run into the area that takes the most courage–letting go of a mediocre producer in the marketing department. If there are a couple of stars in the marketing department who have the potential of heading up a new endeavor that will earn more revenue, that’s great, shuffle them off to better things. But you might as easily need to let someone go to get the best talent into marketing.

Netflix philosophy assumes everyone working for them is motivated to advance. I don’t recall if they covered this in the slides or the article, but I suspect if someone declined to be promoted, they might be viewed as too timid for the company’s ambitions and content to invest B effort to generate A work.

This may be just as true for an employee of an arts organization, but much more difficult to discern because the person could value the work/life balance afforded by their position so they can spend time with family or artistic pursuits. You might never find someone who can produce as well as they can working 25 hours a week and they may stick with you for the next 10 years. It can be tougher to discern in the arts and tougher to find the resolve to cut mediocre people loose.

But I suppose allowing for employee work-life balance is why Netflix has the very liberal “no-vacation policy” vacation policy. They probably understand that those needs are just as individual as compensation.

Stuff To Ponder: The Working Job Interview

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Earlier this month, I read an interview with WordPress creator Matt Mullenweg about his company, Automattic’s, hiring process. The title of the interview, Hire by Audition, Not Resumes, is what caught my eye.

What Automattic does is pay potential hires to do short term work for them so they can get a real sense of the person they might be potentially working with long term. Mullenweg says they hire about 40% of those who tryout and have very low employee turnover.

During the trials, we give the applicants actual work. If you’re applying to work in customer support, you’ll answer tickets. If you’re an engineer, you’ll work on engineering problems. If you’re a designer, you’ll design.

There’s nothing like being in the trenches with someone, working with them day by day. It tells you something you can’t learn from resumes, interviews, or reference checks. At the end of the trial, everyone involved has a great sense of whether they want to work together going forward. And, yes, that means everyone — it’s a mutual tryout. Some people decide we’re not the right fit for them.

Automattic employs people who work virtually so they don’t care when and how the work get done which allows people who already have jobs to “audition” for a new one on their own schedule.

It might be problematic for an arts organization to include those who are already employed in a short term work interview that requires them to be physically present. But this format does give both the employer and applicant an opportunity to evaluate the reality of each other.

If you are seeking to fill a position where the person is required to be self-directed, having them physically work onsite for the whole period probably isn’t a necessary. You can give a person marketing or financial materials and ask them to come back after a few days to discuss/present the approach they might take promoting events or improving the financial status of the organization.

Mullenweg admits this process requires a significant investment of time and energy, something most arts organizations don’t have an excess supply of. However, if your organization only has 20 people, each which must shoulder a large share of responsibility, it will be better to make the effort and avoid having someone leave and shift the burden to everyone else. Likewise, it is preferable that each person be competent enough to bear their entire share of the load.

Automattic’s process answers a common gripe from freelancers who are often asked to submit a proposal involving a great deal of work without any compensation only to later find that the company which solicited the materials is using all their ideas. Even under this process the applicant can have his work and ideas appropriated, but at least they will have received some sort of payment for their effort.

Artist, Value Thyself

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One of the more interesting discussion sessions at the Arts Presenters conference I attended was related to a study/discussion conducted by the Brooklyn Commune Project that was released last month. Andy Horowitz of Culturebot and Risa Shoup of Invisible Dog Art Center reviewed the results.

The report discusses a lot of the factors impacting the arts from Baumol and Bowen’s Cost Disease (which I guess I have been writing about for so long, I couldn’t believe was news to anyone), the idea of public good and a review of how arts funding in America got to the place it is.

In addressing funding by foundations, they noted that it is generally recognized that the best return on investments is realized when you balance investment in “safe” entities as well as entities that are prone to take more risk. However, 90%+ arts funding goes to the safer bets resulting in an environment which hampers innovation.

This is the part of the reports summary which I thought said it best:

We uncovered a treasure trove of lost documents, publications and reports, discovering that chief among the problems of the performing arts is a lack of meaningful documentation and knowledge management, as well as a disastrous lack of intergenerational dialogue and mentorship, not to mention peer-to-peer knowledge sharing.

Most significantly, we learned that we, as artists, are not the problem. We have heretofore accepted the received assumptions about artists—that we are bad with money, that we are unprofessional and insufficiently entrepreneurial. We have heretofore accepted the notion that our labor is not “work”, and as such we should be grateful to labor without compensation, to provide our services for free to institutions who are funded expressly to produce and present our art to the public, for the public good. We have heretofore accepted the notion that the system desires to be equitable and just, that it is self-critical and working to improve itself. Now we know differently.

The issue of artists undervaluing their work and heavily self-subsidizing it came up in the conference presentation. According to the 526 respondents to their survey,

75.00% claimed to make between 0-10% of their income from their art practice.
50% of those polled spend at least $2000-5000/year out of pocket on their art practice.
81% of those polled spend $2000 or more per year out of pocket.
$75,000 was the median annual income to be considered “successful”
$45,000 was the median annual income to be considered adequate for “stability.”
20% is the amount of total current income artists claim to receive from their art practice
95% is the amount of total current income artists hope to receive from their art practice in five years.

The speaker oriented in on the income levels deemed to be a sign of success and stability and the fact that artists hoped that 95% of their income would be derived by their practice within five years.

Since all those surveyed lived in the boroughs of New York City, the speakers cited:

“a February 2013 report released by the office of former NYC City Council Speaker Christine Quinn and titled The Middle Class Squeeze, “middle class” in NYC means a household income between $66,400 and $199,200. Lower Middle Class would be $53,120 to $66,400 and Low Income would be anything below $53,120.

What people deemed stable was actually classified as low income and successful fell on the lower end of the middle class income bracket for NYC.

The report goes on to ask, “Why do artists think there even is an “enough”? Maybe it is because we do not work in a sector where extreme wealth is likely.”

Both the report and the speakers at the conference conceded that artists aren’t in it for the money and often view the “psychic income” derived from creating art to be more rewarding than earning cash.

The end of the report contains separate recommendation sections for presenters/producers, funders and artists. Among the suggestions for artists are to redefine the vocabulary and sense of an artist’s value, skills and products both for themselves and others. Part of that requires learning basic business skills like budgeting and finance so you get a better sense of your value.

“At the same time develop practical skills for the knowledge and creative industries (such as graphic and web design, video and audio editing, programming, copywriting) that will support the financial demands and flexible time requirements of your artistic practice.”

My overall impression was that the report was attempting to strike a tenuous balance. While the writers claimed that the problem isn’t the artists’ fault in the introduction, the recommendations say they have to contribute to rectifying the diminished view of their value by being better communicators and actively seeking productive partnerships.

While artists may be misperceived as not being business minded enough, they are enjoined to gain 21st century skills. That might be one of the toughest recommendations to make. They outright say to get a real job to support your artistic pursuits as a practical matter because it is difficult to support yourself otherwise. They note Philip Glass (who received an award at the APAP conference) drove a taxi for three years after Eisenstein on the Beach premiered at the Met.

Perhaps the biggest irony about the report is that even as they end with recommendations against undervaluing your work and discussions about how artists overly subsidize their own products, the report started by talking about the fact they applied for a grant, didn’t get it and went ahead with the effort of putting the report together anyway. (Though admitted they didn’t do a good job on the application.)

This document suggesting that artists motivated by the psychic income will often become involved in a project uncompensated wouldn’t exist if the artists hadn’t done just that.

I am sure they realized there was a conflict between what they said and did because they worked up a budget (see page 6) for what it “would have” cost, estimating the project at $131,000 of which $8,400 was actually contributed (probably by the participants), the rest was contributed in-kind. Their total contributed hours tallied up to 3165.

A Conferencing We Go

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I am off at the Association of Performing Arts Presenters conference in NYC today. So as I am wont to do, I am reaching back to my archives for my post today.

I thought it was appropriate to share my reflections on Peter Drucker’s “Managing Oneself” since I was first introduced to the piece 7 years ago at the Emerging Leadership Institute at the APAP conference.

I still carry the article around with me to remind me of many of the points Drucker makes about how to understand what you need to function and thereby provide the same service to those with whom you work.

Stuff To Ponder: What Is The Definition of Emergency?

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This last week I have gotten some real lessons in the importance of disaster planning.

During the quiet of the holidays I started a conversation with some colleagues about how we would handle inclement weather on performance days. Everyone keeps telling me how they try to shy away from scheduling shows in January because the weather is so bad. With that in mind, I wanted to have a plan for how we would proceed before the need arose.

Since we present a number of touring shows, we would be in a position of needing to pay artists per our contract unless the weather is so bad a state of emergency is declared. In that case, we would issue refunds to the ticket buyers.

However, if the weather is poor, but not so bad that we cancel the show, there may still be a number of people contacting us asking for refunds because they chose not to attend. My recent conversation has been about what we should do to respond to these people. Since we need to pay the performers, we probably won’t be in a position to offer refunds.

I have been discussing possible options with staff, board members and others. Our eventual solution may not make our customers happy but surveys have shown that even when the solution doesn’t please them, customers have a better impression of your company when you make the attempt to resolve their complaints rather than just refusing them outright.

In the process of the conversation, we decided we should post our policy on our website noting that we only offer refunds when the university closes and/or the sheriff declares a level 3 emergency.

And then came this week with the extreme cold.

Pretty much every school in county closed and many of the universities in the state did as well. We were open though.

Given that it was sunny and there was barely a dusting of snow on the ground, I started to launch into the stereotypical grandparent tirade and talked about how I stood out waiting for the bus in colder weather than this when I was younger. (Unfortunately, I not as tough as my grandfather. I only had to trudge uphill through the snow to the bus stop one way rather than both ways.)

Had we had a show and a different provost who decided to cancel classes, I might have been in a situation whereby our own policy dictated we issue refunds. At the same time the performing artists would stand there looking at me like I was crazy for saying the show was cancelled due to the cold and then glare at me when I said we weren’t paying them.

Not that the cold didn’t cause any difficulties. Yesterday we narrowly avert a large disaster when someone noticed a ball of ice forming on the sprinkler heads of the lobby fire suppression system. They just got the water turned off as the ice melted. There was some flooding, but nothing like what it could have been.

Every company knows that they should have a good disaster plan, how they will respond, where people should turn to for communications, etc,. Performing arts organizations need to know about the evacuation plans of the venue they perform in and think about issues like refunds.

But the events of the last week have made me realize I also need to know about the criteria being used by the decision makers I am depending on. I may assume the criteria is one thing and it won’t be. It may also change as personnel change.

As we heard about school closings Monday morning, a person I know who had attended and taught in some of those schools was amazed, noting they had never closed in the past. He opined that they might be quicker to close now due to people being more litigious.

In any case, being aware of shifting criteria can make for better planning. Had we or one of our renters had a school show this week with all the schools cancelling, that would have been quite problematic. Thinking about that, it just occurred to me that I should know what my policy about payment will be if a renter is impacted by school closings.

The person who made the decision to keep campus open this week when other campuses closed will be stepping down in June. I already started to advocate that very clear guidelines be developed for what conditions will result in the campus being closed and for the successor to be aware of the repercussions on our activities should the decision be made.

Now I also realize I need to know what constitutes a level 3 emergency in the sheriff’s eyes.

Know Who You Are Dealing With

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In about two weeks I will be attending the Association of Performing Arts Presenters conference in NYC. I will be hosting a discussion panel, but my primary objective is to learn about different artists that might potentially perform in my space and make contacts with different artists’ agents.

It occurs to me to toss out a cautionary tale about being very, very careful about verifying that the people with whom you are working to arrange a performance are, in fact, the actual artist’s representative.

When I was working in Hawaii, the University of Hawaii at Manoa Athletics department decided they wanted to present a fund raiser featuring Stevie Wonder. They sent $200,000 to people who were not Stevie Wonder’s agent who subsequently took the money and ran off. The FBI ended up getting involved.

Given the scrutiny we faced to even get a $2,000 check cut, those of us working for the university in the performing arts wondered how so much money ended up getting transferred in the first place. Second, even if they didn’t think to ask those of us who handled performing arts contracts for the university, we wondered why none of the other prominent promoters in the state weren’t consulted. Any of us could have told them they were dealing with the wrong person.

However, I will admit that for someone who is inexperienced, it is difficult to discern who Stevie Wonder’s agent is. Many artists have their agent listed on their website, but Stevie Wonder doesn’t. My suspicion is that this keeps people who aren’t seriously prepared and qualified to present him from deluging the agent with requests. Anyone who is serious about presenting him will know how to identify his agent, Creative Artists Agency. (CAA)

That lack of information provides an opening which allows other people to take advantage. Even though I don’t engage artists who command $400-$500,000, I know CAA is one of the few agencies large enough to handle the business of someone like Stevie Wonder. But if you search the internet for “Stevie Wonder agent,” you will find 6-10 listings of people offering to arrange a concert for you. If you didn’t know CAA was his agent, which would you choose? CAA is the first search result, but there are two paid placements that come in above them.

Most of the other companies listed will likely turn around and contact CAA on your behalf to arrange for Stevie Wonder’s performance, taking a cut themselves. This isn’t to say these middlemen are just skimming a piece of the action. There are many that will add value to the exchange and handle the details you don’t have the resources to deal with yourself.

Some might take the money and run.

There are organizations that work to apply a code of ethics to artist booking like North American Performing Arts Managers and Agents (NAPAMA), but plenty of wholly legitimate agents are not members. And the general layperson never knows if these trade organizations are legitimate themselves or just created to provide a semblance of legitimacy.

Probably the best guard against getting cheated is good research and relationships. As I said, many artists will have their agent listed on their website. If they don’t some careful research is in order.

This is especially true if you are partnering with another entity who is going to help you mount your event. The more expensive the artist is going to be, the more you want to work with someone trustworthy who has experience presenting artists of that caliber.

The problem is, if you don’t have a close relationship with such a person, you are basically left assuming that the person you do trust to vouch for them actually knows enough to make that judgement.

The wisest course is get experience presenting events, working your way up to larger and larger names to get the experience. But many people don’t plan to present shows frequently enough to acquire this experience.

Deciding you want to invite someone who regularly commands $50-100,000+ for your fundraiser or anniversary event, having never presented such a performance before and not working with an entity that has, is a recipe for disaster. There are going to be basic expectations about the experience that you are entirely unaware of and unprepared for.

And really, the same is true for artists with $10,000 fees. There will just be exponentially more people involved at the higher fee and the problems will be that much more public.

Info You Can Use: Speed Dating For Volunteers

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Last month Non-Profit Quarterly (NPQ) had a small piece on a “Speed Dating” event that 15 Sacramento non-profits organized to recruit volunteers. In addition to it being a great idea for volunteer recruitment, it also seemed like a (relatively) low-stakes way to practice and evaluate the most effective methods of speaking about your organization for fundraising and promotion purposes.

On the merits of recruiting volunteers, I thought it was a better option than just listing opportunities on websites and newspapers because it is more active and takes advantage of the cachet of other organizations to engage with people who might not immediately be attracted to your organization.

By this I mean, had you advertised a volunteer recruitment open house for your theater, it may pass the notice of people who don’t already have an affinity for your discipline or organization.

If you are part of an event that also includes the local Red Cross, schools, hospitals and other non-profits, you have an almost guaranteed opportunity pitch your organization to everyone there. Since everyone is expected to interact with everyone else, it removes the awkwardness of volunteer fairs where you attempt to engage with people who pass your booth. Ultimately you have the opportunity to gain the participation of a person who was only vaguely familiar with your organization, was unaware you went into elementary schools, but is absolutely invested in helping with those activities.

This approach may be well suited to recruiting young volunteers because it is so direct and interactive rather than depending on them to find and research you at some point in their busy day. (Which is not at all to say that older retirees wouldn’t find it great fun as well.)

In the NPQ comments section, Abigail Denecke echoed my thoughts wondering what questions/statements/approach might have been most effective at cultivating additional action. And I liked commenter Laura Halley’s idea about using a speed dating structure as a general orientation tool.

Info You Can Use: Save The Charity, Save Your Company

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I loved this story on Non Profit Quarterly about a Maine restaurant which actually revived its business when it started holding all you can eat fundraisers for charities.

…the eatery thought of the weekly all-you-can-eat nights with suggested donations flowing to charity as a way to attract new customers. “It worked almost immediately and it revitalized the business,” Benedict said. “We would have gone out of business if we didn’t change the way we did business. Giving back is the first thing we did, and it worked.” She says that a total of $635,000 has been raised since 2009 for local charity organizations and individuals.

It is great to hear that a business saved itself by helping charities in the community. It could be a model for other communities and businesses.

However, the restaurant hit a snag when the state attorney general started to investigate whether it was licensed as a charitable solicitor.

My first reaction was disappointment because the restaurant was doing such good work, but the truth is that there is a lot of fraud and deception perpetuated by companies acting as charitable solicitors. So unfortunately, despite an abundance of good intentions, companies need to be careful about providing assistance to charities in a similar manner.

The Council of Non-Profits has a link to the first chapter of a book about the licensing required for charitable solicitation by 40 states. The chapter provides a good introduction to the issues involved and resources for finding out more about the requirements in your state. I was able to go right to the pertinent sections of my state code and find who is exempt from filing with a couple mouse clicks. (Unfortunately, it doesn’t appear the restaurant would be exempt in my state.)

Info You Can Use: Examining The Critical Path

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Yesterday, Seth Godin made a post that seemed aimed at a few of the companies and organizations I have volunteered or worked for/with throughout my life. He addressed the importance of understanding the critical path to achieving a goal. He defined critical path as “The longest string of dependent, non-compressible tasks.”

He uses wanting to create a garden as an example.

“For example, in your mind’s eye, the garden has a nice sign in front. The nice sign takes about a week to get made by the sign guy, and it depends on nothing. You can order the sign any time until a week before you need it. On the other hand, you can’t plant until you grade and you can’t grade until you get the delivery of soil and you can’t get the delivery until you’ve got a permit from the local town.”

He notes the logical step is to take care of that permit first. “And yet most organizations focus on shiny objectives or contentious discussions or get sidetracked by emergencies instead of honoring the critical path.”

He discusses how important it is to identify the parts of a process that end up being the choke points of the critical path. He gives an example of how a company he worked for used color coded buttons to identify the people who were important points along that path for a project upon which the success of the company hinged. Everyone not identified as part of that potential choke point, including the president of the company, knew not to impede the progress of those who were.

This resonated with me because I recently discovered that the piece of software I use for tracking my task list has a pull down menu with “Waiting on Someone Else” as an option. When I started using that option to keep the list from periodically squawking that those tasks were overdue, I realized that nearly every task was waiting on action from the same two offices. At least in terms of the functions of my operations, those offices were part of my critical path.

As I read Godin’s post, I was reminded of the oft heard statement: fast, cheap, quality, choose any two. There are staff members that are frequently given tasks with competing priorities and are left to ask which of the crucial tasks are slightly less crucial.

Analyzing the critical paths by general project types would assist decision making about resource and time management within the organization. One notable thing about Godin’s example is that the project, rather than the organization chart, determined who were the most important staff members. If it took the president fetching coffee for the graphic designer to make the project succeed, that is what happened.

The president does play a crucial role in the organization and can’t be spending all their time fetching coffee, but their work may not represent a crucial juncture in the overall process upon which other activities depend. (Except for signing payroll, of course!)

Think about the critical paths in your organization. It may surprise you to learn what your critical paths are and may reveal some awkward truths about where resources really need to be allocated to meet the mission of your organization.

Though remember that this is more than just needing a lot of hands to help out with a process, it is about a chain of events that definitely depend on the prior step being completed. Needing 10 people to stuff envelopes on Wednesday isn’t part of the critical path if having six people start on Monday will accomplish the same goal of getting it all out by Friday. It is, however, if you are mailing out W-2 tax forms which, by law, need to go out by January 31 and the forms can’t be printed out until Tuesday because the payroll data isn’t available until Monday, because…

Is This An iPad I See Before Me?

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Last week we hosted an Immersive Game + Simulations Technologies conference in my facility. This is an area in which I am only generally familiar so some of the speakers had some very interesting things to so. The keynote speech given by Simon Solotko provided me with an immediate vision of a likely intersection between live performance and technology.

Fair warning: Don’t read any further if you can’t tolerate the idea of cell phones and iPads being used in your arts facility.

Solotko addressed the idea of augmented reality where technology overlays some sort of information upon the “real world.” For example, if you pointed the camera on your cell phone down the street, an arrow might appear on the screen over the image of the street showing you which way to turn to get to a bakery.

Solotko’s thought was that you could use this technology to provide whatever information you wanted people to know about you, and only that information. If you were at a writers’ conference you might put information out on the Cloud that you were doing research on a book about the Civil War. When someone pointed their phone/iPad in your direction they would see that information, but know nothing more about you than that. So if they shared your interest or had some resources you were seeking, they might come over and speak with you.

Solotko noted that you wouldn’t want to use facial recognition to connect yourself to the information you put out there because it is far too permanent and identifiable to be able to retract. Not to mention that there would be problems in low light environments. (This has a lot of social utility and you might want to put some information out there while you are in a dance club, after all.)

According to Solotko, this is really what the Samsung Galaxy Gear is all about. Its utility is about more than just moving the functions of a phone to your wrist, but providing an platform to deliver the augmented reality experience Solotko envisions.

As he describes it, you would put some information out there on the Cloud then program your wristband with some distinctive pattern of color. When someone pointed their camera at you, it would pick up the pattern and provide whatever information you chose to share.

I immediately recognized live performances could use this to provide supplemental information about the artist performing; the character they are playing; provide stream a real time translation of Shakespearean speeches or Italian aria being delivered; and perhaps even offer another layer of characterization by revealing a character’s internal thoughts that belie their spoken sentiments. (Though if an actor is any good, they shouldn’t need a virtual thought bubble to communicate, but it could definitely have its uses.)

Of course, orchestras had this idea a long time ago with the ill-fated Concert Companion project.

As I noted earlier, this means actively encouraging people to hold up their phones or wear their Google Glasses and ceasing to worry that they are recording every moment on stage. Whether audiences and venues are ready to embrace this shift in the viewing environment is likely to depend on a number of factors.

Stuff To Ponder: Bring Back The Claques

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A few months back, Gizmodo posted a video by VSauce on the subject of clapping as a form of expression.

At about the five minute point in the VSauce video, they talk about how in the early 19th century people hired themselves out as professional “claques.” They would learn operas and then applaud and laugh at the correct places as a way to prompt the rest of the audience. Today, television shows have signs that prompt people when to respond.

I was interested to learn that while babies will naturally learn to clap, parents are encouraged to teach their children to connect clapping to an enjoyable event. Even though we might unconsciously start clapping when we see something we like, we have been socialized to do it rather than it being a natural reaction.

The big question that came to mind was, why are people so intimidated by not knowing when to clap during a symphony? Since it is a socialized practice, they can just wait until everyone else starts, right?

The place that really trips people up is the pause between movements. For a few moments, I wondered if society had betrayed classical music by creating an expectation that you start clapping immediately at the end of a piece.

Perhaps earlier audiences had more patience and let things simmer a moment before clapping and that had evolved to an ever shorter period of time?

But there was a New Yorker piece pictured in the VSauce video by Joseph Wechsberg who was a member of a claque during the mid-1920s in Vienna. He talks about how hard it was to be part of the claque for operas like Carmen because the audience was likely to break into “wild applause” at the incorrect moments and it was the job of the claque to influence the audience “into orderly channels.”

Clearly, people were no less apt to clap at the wrong times nearly 100 years ago. According to Wechsberg, even young boys followed opera and thought wild clapping was heresy so I am sure there were a lot more venomous stares being delivered in concert halls then versus now.

Individual singers would pay to have people clap for them, but it basically was just enough to cover tickets to the show so the claques were essentially just doing it for free tickets.

With that in mind, I wondered if there was any value in reviving the practice of giving people comp tickets in return for their leadership in applause? Or perhaps more constructively, to act as mentors for new attendees?

With email and social media, people with the knowledge claques possessed could be used to much greater effect than a dependable source of applause.

Since Joseph Wechsberg’s description of his claque was basically that of poor artists and students, having them act as guides in return for tickets might be an interesting and productive arrangement.

Separating Governance and Operations

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Last month Non-Profit Quarterly addressed a timely topic I found extremely interesting: In a time when so many non-profits are being formed, but haven’t grown to the point of having a staff, how do you separate the governance and operational roles of a board?

If the organization has any ambitions of growing to the point where it will have a staff, making that separation early on will help avoid having the staff feel second guessed on everything by a board that has a hard time relinquishing those decisions.

As the author, Mitch Dorger, notes, it is easy to focus on operational decisions because the results are more visible and immediate than that of longer term governance decisions. So even if the organization never intends to have a staff, it is easy for the board to get bogged down in operational discussions.

Dorger admits he wasn’t quite sure how a board only organization could effectively keep that separation so he posed the question to an online forum. There were five basic responses he received including, having distinct governance and operational committees and even distinct boards.

Another “specific suggestion was that the vice president, treasurer, and secretary would oversee operational matters while the president and any remaining directors would focus their attention on governance issues. (Of course, all officers would participate in all governance discussions.)”

I liked this one because it actively utilized and made relevant the vice president role.

The final suggestion advocated an examination of the “whole nature of board committees” and abandon the “traditional committees that boards use and reorganizing into three new committees: operations oversight, organizational development, and organizational future.” Another rather intriguing idea.

Info You Can Use: The Writing On The Walk

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So tonight is the first event in the season at my new job, a concert by a group called Cordis which bills their music as chamber-rock.

Now if you are asking, “what the heck is chamber-rock?” thank you very much. I actually used that question as the basis of my advertising campaign for the show because I figured nearly 100% of our audience, including our subscriber base, would be wondering the same thing.

That question was posed at the start of our press releases. I bought time on an electronic sign at the intersection of two major roads that flashed the “What the Heck” question on one screen and then provided contact and web information on the next screen.

A couple weeks before the show we distributed posters around campus and town. Then a week prior to the show, I went out early in the morning with sidewalk chalk to write the “What The Heck..” question, and a web address that contained information and videos, around campus and around town near the businesses that accepted our posters.

I didn’t write it directly in front of the businesses’ doors out of concern that they might find it annoying. (I was more direct on campus.) But I did put it on a general area close enough to the business that anyone entering the business had an opportunity make a connection between the sidewalk chalk and the poster.

Near the museum and the library, I took a slightly different tack and included a suggestion that people go in to find out more. My intent being to send people in to explore those organizations when the might not normally do so.

Here is a sample:

What The Heck Is Chamber Rock

I know this is hardly a groundbreaking idea and it isn’t suited to all performances. But the content of this performance lent itself well to having a little fun.

I will admit that it didn’t seem to spur much increase in advance single ticket sales. I suspect there are a number of other issues at play like price and timing that factor into that.

Walking around campus, I did see students looking down at lot, but it was mostly at their phones rather than the sidewalk writing. Though I did catch a couple stopping to read, there is a decrease in situational awareness to contend with these days.

So I am happy to (pun intended) chalk this up to generating awareness and good will in the community than anything else.

Info You Can Use: Resources For Developing Community Engagement

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I have been reading a fair bit lately accusing arts organizations of paying lip service to the concepts of connecting and building relationships with the community. The suggestion is this is something of a euphemism for “what is the least I have to do to convince people to see my show?”

While there may be some truth to this, there are a number of arts organizations who sincerely wish to forge stronger bonds with their communities.

The Association of Performing Arts Presenters recently released a resource for those wishing to develop community engagement activities.

The 14 members of the Leadership Development Institute, comprised of presenters from across the country developed the content for “A Cooperative Inquiry: How Can Performing Arts Organizations Build and Sustain Meaningful Relationships with Their Communities?”

They organize the content into the following areas:

Making the Case – Why is it important to know and connect with community?

Building an Organizational Culture – Why is it important to integrate community engagement into a presenter’s mission/strategic plan?

Connecting with Your Community – How should geographic, socioeconomic and political realities of the community inform an organization’s approach?

Involving Artists – How should artists – who are key stakeholders in the arts ecology – be involved in connecting their work with communities?

Evaluating Impact – How can evaluation serve internal learning and enhanced community engagement?

The material gets the old Butts in the Seats seal of approval because it offers practical solutions. Being part of the Leadership Development Institute requires that you discuss the theories, go back and try to implement what you discussed within the context of your organization and then come back and report to the whole group.

As a result, most of the five areas listed above ends with a “How It Works In Practice” section discussing what did and didn’t work for some of the participants. Each area also has a worksheet associated with it to help guide discussions and planning.

The areas that I read with the greatest interest were the first two, making the case and building organizational culture. It seems to me that if you don’t have a clear understanding of your goals and investment by the staff, all your efforts are likely to come to naught.

I liked the five sample generic case statements they provided because they ran the gamut from invoking Aristotelian ideals to the short and practical,

“Unless our arts organizations continually evaluate our missions and evolve our programming to reflect the communities in which we serve, we run the risk of becoming irrelevant and impotent as a force for social and cultural change in our cities.”

I also appreciated that there was one specifically geared to university campus based art organizations.

When it came to making statements about who the community you served was and who you would like to connect to, I liked their suggestion that an arts organization work a little backwards and start by examining a performance or event that you deemed culturally successful and determine what made it important and relevant.

This appealed to me because so often statements about mission and who you serve are very aspirational. That is how it should be.

But often looking at these statements in the context of an event you feel was successful might contradict some of that self-image if the community you think you are serving well isn’t participating in your greatest successes.

On the other hand, you may discover that you have made greater strides in serving a community than you imagined when you recognize that what you identify as the culturally successful event, while not the best attended or financially rewarding, has had the deepest impact in the community. This may manifest in a hundred small ways that aren’t directly recorded on a balance sheet.

When it comes time to try to build organizational culture around the idea of community engagement, that culturally successful event can provide a great starting point.

Staff can be dubious when new initiatives are introduced so having an example of an event that everyone is proud of provides a set of shared values from which to start a conversation about other efforts in which everyone can feel some degree of investment.

What Will You Do If You Win?

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Economist Alex Tabarrok has written about the fact that the primary activity of firefighters is no longer fighting fires. Fires are less frequent than in the past thanks to building codes and other preventative measures so municipalities are finding additional tasks for fire fighters to perform.

What caught my eye was his comments:

“…explains it in terms of what’s called the “March of Dimes problem.” When polio was defeated, the March of Dimes, started under Franklin Delano Roosevelt to combat the disease, suddenly had no reason to exist. “They were actually successful, and it was something they never planned for,” said Tabarrok. “But instead of disbanding the organization, they set it onto a whole bunch of other tasks…and so it’s kind of lost its focus. It’s no longer easy to evaluate whether it’s doing a good job or not.”

This immediately brought two things to mind. First, that this was a good illustration of the value of embracing the idea of building an expiration date into your organization at the time of formation.

The other thing it evoked was the oft expressed warning against chasing funding for projects outside the scope of your core purpose just because the funding exists. Not only does it cause an organization to lose focus, but as Tabarrok notes, it is difficult to evaluate if your work is really effective any more.

It occurred to me that one of the benefits of building a planned expiration into your organization is the ability to declare a win. That is something that non-profits don’t often get the opportunity to do given the way they are often structured.

If you read about the vision behind arts organizations with expiration dates, achieving the expiration condition doesn’t necessarily need to result in an absolute dissolution.

In many cases, it can just be an opportunity to reorganize a similar group of people to address a new project without feeling an obligation to perpetuate anything from the previous entity. In many respects, it contributes to organization evolution by discarding what didn’t work or is no longer relevant and allowing experimentation with some new ideas.

Stuff To Ponder: Quantifiable Data Is For Other People

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I recently got a little lesson in how easy it is to apply criteria to other people that you resist having applied to yourself.

This weekend I was listening to a recent episode of This American Life which was covering the efforts of an organization called Give Directly which gives money directly to the poorest people in a country, in this case, Kenya, on the belief that they know best how to spend it.

Despite all the problems you might assume might arise, things seem to be going very well with the program.

Still, the founders were all grad students at MIT and Harvard so they are all about hard data. They weren’t satisfied with the anecdotal evidence of outcomes they found in their research. The organization is doing exhaustive research conducting surveys that take an entire day to administer to measure the differences in outcomes between those who receive funds and those who don’t.

This American Life also talked to people from Heifer International who give cows and training raising and caring for them, to people in developing countries. Their program sound incredibly beneficial. The cows are so big and healthy, the reporters talked about how intimidated they were by them.

The reporters mentioned that the people at Give Directly would like charities like Heifer International to do studies to determine what program design was most effective. The reporter asks a Heifer representative (around 30 minute mark) if they would consider giving cows and training to one village and then give the money they would spend on cows and training, to another village to see what was more effective.

The woman representing Heifer said that sounded too much like an experiment and you can’t do that with the lives of real people.

The reporter says he imagines the Give Directly people would respond “that we have to do experiments because that is the only way to figure out the very best way to help people.”

The Heifer representative spoke about it not being that linear and that there are some elements that are not easily quantified by the limits of data.

I immediately found myself siding with the Give Directly people. You are never going to be able to serve everyone who needs help. So if you are providing cows to one village and money to another, at least you aren’t setting up a control group that doesn’t get anything beneficial which is the case with most experiments. (control group getting sugar pills, other group getting the medicine).

And actually, that is how Give Directly is conducting their study–with a control group that doesn’t receive any support at all.

However, it only took about 15 seconds to realize that I was hearing very familiar language being used. How often have people in the arts talked about the benefits of what they do not being easily measured and provided anecdotes about smiling faces and lives changed? I know one acting teacher who yelled at a curriculum committee for trying to apply concrete measures to his classes.

Just recently GuideStar, Charity Navigator and the Wise Giving Alliance got together to ask that overhead not be used as a metric for deciding what charities to support.

Yet with the increased focus on quantifiable results with things like K12 test scores and college four year graduation rates, Give Directly’s model may become a more prevalent one in the future.

The good news is that they give money without any application process or strings attached. The bad news is that it is according to their own criteria.

A grass roof on your house qualified you to receive support from Give Directly in Kenya. If you had a better roof, you didn’t receive any money. A very slim distinction the story admits, between the very poorest and the slightly less poor.

I think we can all admit there are inefficiencies in the way non-profit arts organizations are run that could benefit from good evidence based criteria. However, I don’t think it is a self-deceptive rationalization to believe that what is effective for an art organization in Chicago will be quite different from one in the rural southwest.

This is not to say groups like Give Directly will formulate a one-size-fits-all giving formula. However, I wouldn’t be surprised if hard number results become viewed as an increasingly more important measure of success.

As I wrote about two years ago, Warren Buffett’s grandson, Howard Warren Buffett, has been talking about non-profits merging to become more efficient and solution oriented instead of problem oriented.

Warren Buffett’s son, (Howard Warren Buffett’s uncle), recently derided what he called “The Charitable-Industrial Complex” which criticized transplanting solutions with “little regard for culture, geography or societal norms.” He too calls for a better way of doing things.

Both are more directly referring to work that is being done in the developing world, but criteria applied in one sector will inevitably migrate to another. Talking about the unmeasurable benefits of the arts is only going to so convincing. It would be wise to acknowledge problems, pay attention and participate in the conversation so that others are not proposing solutions for you in your absence.

Stuff To Ponder: Focus Exercises For Audiences

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Given that I am working on a university campus, there is always a conversation about how do you get more students to attend performances at the performing arts center. One of the easiest answers is to offer extra credit or have students attend and then write some sort of paper on the experience.

I have reservations about this course of action given many years of experience with such programs. If students are not majoring in the arts, but are taking an “introduction to” course figuring the class will be an easy “A,” the results are often less than desirable.

It isn’t so bad if only a few students are taking intro courses during the semester, but if there are multiple sections of large lecture hall size classes, the students all tend to attend on the night that will least impact their weekend plans and that audience is markedly different from any other audience.

In some respects, it is almost better to play in front of a half empty room than a full room where only a few people respond to the performance.

I should note for the record that this isn’t a great concern of mine on my current campus since the intro classes are smaller and fewer students are being directly induced to attend. However, as I mentioned yesterday I dislike the idea of people viewing attendance at the arts as a trial to be endured.

In the course of a recent discussion, I had an idea for a general assignment related to attending an arts event that took the focus of the requirement off the performance itself and might get them in a receptive frame of mind for the performance

Basically, I was inspired by John Cage’s 4’33”. My thought was to assign students to arrive 15-30 minutes early for a performance. Turn off their cell phones and just sit and observe without speaking or interacting for 4’33”. After that, they could make notes about what they observed and then sit back and take the performance as they found it.

The benefit of this assignment is that it is flexible enough to be used by many liberal arts disciplines. Music students could focus on sounds; actors, sociology and psychology students on how people interact; fine arts students on the light in the room; literature students could use the observations as the basis of a short story or poem.

Students majoring in an arts discipline would need to be paying close attention throughout the evening and prepare to generate more involved papers and presentations.

But for students who may be attending a performance for the first time, their assignment is done before the curtain rises. Hopefully the engaging in the process of focusing on observing what was going on around them ends up puts them in frame of mind where they are ready to receive the performance.

If students are told the assignment only requires them to observe the pre-show activity, but they are free to include observations from the entire performance, maybe that assists in helping people maintain their focus throughout, diminishes resentment about their grade depending on attendance and the desire to check the cellphone too frequently.

I would love to see someone conduct a study to see if there is any noticeable increase in attention or enjoyment for first time or infrequent attendees after performing a simple exercise to focus their thoughts and attention just prior to the experience.

I am sure there are plenty of studies on the benefits of visualization for athletes, but that is based on past experience and a knowledge of ideal performance. It would be interesting to know if there is any benefit for those venturing into unknown territory.

Info You Can Use: Flex Subscriptions And Your Subscriber Base

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I have been pondering whether we should start offering a “Choose Your Own” subscription series in future years. In my past jobs, we never programmed with an eye to filling slots in a series so we offered “Choose Your Own” discounts without any problem. Now I am working in a place which has historically had a number of series and I am looking to offer an additional flexible one.

Since this blog is about discussing practical aspects of arts administration, I thought I would share some of the issues I have been taking into consideration both to solicit some feedback, but also give a sense of the thought process you need to engage in when making these decisions.

The numbers I am using in my example aren’t the actual ticket amounts and they are equal for all events in a series for sake of simplicity. The discount for buying the full season relative to the sub-season pricing is the same though.

Currently we offer a full season of nine shows ($290) and three sub-seasons of three shows each: Broadway ($150); Variety ($105) and Classical ($75).

My idea for a flex subscription is to offer the sub-season pricing if to any three shows or more shows of your choice.

That might break out as follows:

Book1

 

Instead of buying a series, people would pick and choose from among all the series. Because they are picking and choosing willy nilly, we can’t guarantee them the same seats will be available at every performance, but they still get their seats before single tickets go on sale and at a discount.

Usually the idea behind flex subscriptions is to give people who can’t make it to all the shows in a series the ability to benefit from an advance purchase discount.  It is seen as a plus if you can get someone who has historically been a single ticket buyer to commit to attending multiple shows in advance.

But the important issue is the need to factor in the likely behavior of your audience. If there are a lot of single ticket purchases for three or four shows across multiple series in the days right after single tickets go on sale for full price, you need to ask if you think more people will pick up this practice or if you will only end up giving a significant discount to the same group who typically buys tickets at full price months in advance of the show. You could end up losing money in the process.

The same for those who buy the classic series and then one or two tickets to the Broadway series at full price of $65. If there are lot of those, you may end up giving up quite a lot at a $15 difference per ticket.

In our case, our biggest series base is in Broadway with far fewer in Variety and Classic. It wouldn’t represent a significant loss if the Variety and Classic people who buy Broadway  tickets at full price received a discount.

My biggest concern is that we may lose full season subscribers to a piecemeal flex series.  Every year there is a Broadway show people aren’t crazy about so if Full season subscribers didn’t like one show and picked the other 8 individually, that would represent a $10 loss per subscriber. Not a big deal individually, but if many people made that choice it could be problematic.

The same with the Broadway series subscribers. If they dropped one Broadway show and picked up one Variety or Classic show as their third, that is a loss of $15-$25 per subscriber.

Now the easiest solution to keeping Full Season subscribers from becoming  “slightly less than Full Season” subscribers is to place the “Choose Your Own” on the same footing as the other sub-series and limit it to any three events. That way you don’t have to worry about people defecting to a 7 or 8 event subscription.

But if you are in a situation like I was in my last job where you don’t have a large subscriber base, you can go all out and offer discounts on as many shows above the minimum as people care to buy.  You have a fair chance of picking up new subscribers.

I will confess I was pretty gung ho about flex subscriptions and the philosophy of giving people the most freedom to choose in return for making that choice in advance. Organizations that kept their audiences tied into a designated series were adhering to a dated concept of audience relations! But as I say, that was when I didn’t have a fairly reliable subscriber base.

Now that I am in a situation where I am doing an analysis of the pros and cons in preparation for pitching the idea to an organization with an established subscriber base, I find myself being a little more pragmatic. (Though note I am still trying to introduce a flexible scheme.)

So what about you? Thoughts about this? Are there packages you have put together to entice people to subscribe that worked? Some that back fired on you and made you lose income or subscribers?

 

Info You Can Use: When It Is Okay To Punish Your Customers

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A couple weeks ago I wrote a post in which I decried the practice of many companies who offer better rates to new customers but provide no reward to long time customers.

Right on cue the next day, MIT’s Sloan Review published a piece that analyzes the transactional relationships people have with different types of business and discusses which can get away with treating long term customers poorly.

They acknowledge the fact that it can often be more costly to find new customers than to retain the ones you have, but note this is not true for all types of business. They use examples of cable and cell phone companies who provide services that are difficult to change versus a highly variable situation where someone may prefer to shop at Lowe’s, but will often purchase from Home Depot because it is move convenient to the drive home.

Lowe’s and Home Depot have to constantly work to retain customers and attract new ones while cable and cell phone companies can get away with raising rates mid-contract. The article authors say even if you are getting an offer to buy a new phone at a discount from your current service provider, it isn’t as sweet a deal as a new buyer is being offered.

Despite using the common terminology of “subscriber,” performing arts organizations don’t have the same luxury to treat current customers poorly that cable and cell phone companies do. I am sure it is no revelation that performing arts organizations operate in a far more competitive environment.

While depressing to contemplate, it was interesting to read the rationale that punishing customers makes good business sense.

Some customers are worth more than others and some customers are a greater drag on resources than others. Even if you don’t act on it, cultivating the ability to identify what policies are causing you to lose money can be valuable.

There might be some good lessons for arts organizations here. For example, some banks have started charging people to use lobby services and for receiving statements in the mail and made using ATM and receiving statements electronically less expensive because it costs more to maintain a physical presence and pay people.

Perhaps performing arts groups should make it more expensive to buy tickets in person versus online, rather than vice versa, as is the case in many places these days.

On the balance sheet, the answer is clear. However, since cultivating relationships are often viewed as the most important function arts organizations can fulfill for their community, perhaps it is better not to provide disincentives to personal contact.

But is that relationship something your customers value or is it something you have decided they value?

You should know the answer to this because if they do value good relationships and service, that is more expensive than just having someone at a desk. The training and retention of staff who provide good service and the database to support them requires a greater investment than just having someone available. If people don’t really value personal service, then maybe it is wiser to push them toward online ticketing and reduce ticket office staffing.

So here is the conclusion the authors came to:

“Specifically, we discovered that, most of the time, rewarding and acquiring new customers creates the most value. Under select circumstances, however, attention should shift to the retention of existing high-value customers….In markets that have a high degree of both flexibility and value concentration, companies should focus on rewarding their own customers — in particular, their best customers.”

The examples they use of high flexibility and value concentration is retail shopping, rental cars and airlines where people have many options to choose from and return customers will often spend greater amounts than just casual shoppers. They suggest reward programs for high frequency customers.

I translate that over to the arts as trying retain and reward subscribers and donors. The arts already acknowledge that these groups are high value individuals and need to be provided preferential treatment. So we have been doing something right all along!

Except that the authors don’t really address the question of what to do when your customer base is aging out. The article really just deals with optimizing your income from customers based on where your product/service falls on the continuum of flexibility and value.

There is an assumption that you have a product for which there is a demand. They address the question of how to treat your customers when you get them, not necessarily how to get them.

It is encouraging that the article validates the basic model many arts organizations use with their customers. The challenge that is still before us is offering a product people want and an rewards program that they value.

We Have Ways Of Making Your Website Talk

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I don’t know if I have every mentioned it here, but if you haven’t discovered the blog Google for Nonprofits, it is pretty handy for getting tips on using any of the many products Google has created.

Last week, they had an entry about using the Goals feature of Google Analytics. I have long been aware of the feature, but never used it because I always figured I can call up the data for a time period and cross reference the data a bunch of different ways as the questions about visitor segmentation occurs to me.

However, there might be times when you want to achieve a certain goal like raising awareness about a specific show in a certain area within a period of time or increasing traffic from social media sources and you want to avoid the trouble of setting the filters up every day. Setting a goal tracks all that for you, tells you how close you are to achieving the goal and tells you when the goal is met.

The example they use is for volunteering:

“Goals are completed activities that happen on your site, like someone filling out and submitting a volunteer sign-up form. We can easily translate the key performance indicators (KPIs) we designed in our measurement framework into Analytics Goals. For example if your KPI is volunteer sign-ups, you could track it by setting a goal of how many people reach the volunteer sign up confirmation page.”

And they also allow you to track segments of your website visitors.

For example, you could use a custom dimension to segment your website visitors into groups like volunteers and donors. When someone submits a donation your custom dimension will indicate the user is a donor. Or when someone volunteers via your website, they’ll be identified as a volunteer. With that segmentation, we can gather specific data on our donors and volunteers which allows us to measure our KPIs

In regard to the segmentation tracking, I suspect its success depends on people not clearing their web browser cookies cache between visits in order to note their return during subsequent visits.

But if you have been wishing you could learn more about your visitors from your website, this blog is a good place to learn some tricks to making it talk.

Stuff To Ponder: Subscriber Rush Tickets

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Since I have started a new job I am in the process of evaluating every document, process and interaction my organization undertakes. One of those areas is customer service, of course.

For that reason, an article I came across via The Drucker Exchange is really resonating with me. In a blog post titled, The Dark Side of Customer Experience, Monique Reece opens with a joke we can probably all relate to.

The longer version is in the post, but basically a guy dies and is shown heaven and hell and given a choice between the two. On his visit to heaven, everything is sedate and lovely. Hell is a veritable Mardi Gras party. After the doors close on Hell, the guy tells St. Peter he chooses Hell. The doors open and it the scene is the stereotypical hellish landscape.

Upon wondering what happened to the party scene, the man receives the response “Well,” said St. Peter as the doors closed. “The first time you came to visit you were a prospect. Now you’re a customer.”

Reece cites some of my biggest pet peeves– the introductory rate that rewards new customers and makes the person who has been loyal for 10 years, enduring price increases, feel like an idiot for sticking around so long for no recognition or reward. As Reece notes, there is actually more of an incentive to separate your relationship and then renew it.

The performing arts version of this is giving cut rate discount tickets to last minute purchasers, suggesting a certain amount of foolishness on the part of those who planned and purchased ahead of time. Some arts organizations sell large amounts of rush tickets at rates lower than those of subscribers who have committed to many shows in advance.

It just occurred to me moments ago, why don’t performing arts organization offer Rush tickets exclusively to those who have already purchased two or more tickets?

This would have multiple benefits 1- It rewards people who committed in advance; 2- It turns those people into recruiters for your show when they invite their friends along; 3- It gets people you already have a relationship with paying closer attention to your emails or social media account that you are using to communicate this discount, providing an opportunity to get them excited and mention other shows.

My suspicion is that attending a show on a half price ticket thanks to two people who purchased weeks in advance is a better model of behavior than attending alongside two other people who also decided to attend because tickets were half price.

It probably also reinforces many elements of the advance purchasers’ self-image if they know their friends were only able to attend because they were stalwart supporters of the arts organization.

The only real problem I can see with this idea is reserved seating. Offering rush tickets in this way appeals heavily to a social element which is compromised if everyone can’t sit together.

Granted, it illustrates the appropriate outcome associated with paying half price on the day of a performance versus full price in advance. Still the emotional disappointment of not being able to sit next to ones guests could supplant the acknowledgement of this logical consequence.

General admission events are good to go though.

This is not the direction I intended to go in when I started this entry. I like this result better.

Info You Can Use: Generating Interview Questions

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I have only been at my new job for six weeks and already they have me on a search committee. Some may groan at the thought, but the position being hired will likely impact my area pretty significantly so I was actually relieved when I was asked to serve.

We had our first committee meeting today which was preceded by a training session on interviewing. In addition to reminding us about the usual forbidden subjects of age, race, religion, martial status, etc, the human resource director talked a little about a new approach the university was using with searches.

It is a little difficult to explain clearly here, but essentially it starts with the committee prioritizing the most important areas of the job (e.g. leadership, communication, experience, strategic vision, collegiality etc).

This would help us determine what questions should be asked at what stage of the process. If leadership and experience are top priorities and were going to make or break a candidate for us, we would ask questions that related to those areas during the phone interview phase rather than exploring collegiality.

At later stages we might have more questions touching on leadership and experience since they are high priorities, add in questions dealing with middling priorities to help us expand our impression of the candidates, but choose to only ask a few questions on low priority items or omit them altogether.

What really impressed me about this approach is that it keeps the early interview rounds focused and theoretically dictates how long latter phases of the interview process actually need to be.

Instead of saying, we should have the candidate meet with Bob because it just seems like a good idea, looking at the prioritization you may realize there isn’t any reason for an official meeting with Bob. If there is, a low prioritization might point to a 20 minute meeting or a meal alongside others rather than an hour long one on one meeting in Bob’s office.

Now, notice I say theoretically. Politics may dictate the candidates meet with Bob even in the absence of a compelling reason. That could be detrimental to the search. The HR director mentioned that searches often fail because highly qualified candidates can identify weak processes like undue focus in irrelevant areas.

There was one slide in the HR director’s presentation that I immediately knew I wanted to feature here on the blog. After the committee had finished its discussions, I ran down to the human resource office to ask her permission to share it with you.

It is a general template for the interview questions.  Clicking on the image will open a new window so you can refer to it and my commentary on it without having to back arrow.

Interview Guide Template. Used with permission. © Shawnee State University
Interview Guide Template.
Used with permission. © Shawnee State University

The bullet points on the left under “Leadership” note general activities the university has identified that person possessing leadership qualities will have/need to engage in.

The italicized text in the center is how these qualities are specifically exhibited in relation to this job. (This being an example document, they are exceedingly general.) Under that are the questions that are derived from this.

The Situation/Obstacle/Action/Results at the bottom allow the committee member to make notes about how the candidate’s answer touched upon these different phases during the situation being described.

What I really like about this format is that it places the elements from which the questions emerged on the same page with the question. There are always going to be answers you never anticipated when you envisioned the qualities of the person fulfilling the job. It is easy to become confused about whether the response illustrates that they are qualified or not.

But if you gaze down and see the answer being given touches upon all the qualities that comprise the foundation of the question, you can feel more confident about their qualifications.

I am looking forward to continuing in this process. I may end up with a different impression later on, though the search chair has used it in a few searches before and speaks highly of it.

Info You Can Use: We Are More Than Just Our Overhead Ratio

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Well, the timing could be a little better.

Part of the big news today is that GuideStar, Charity Navigator, and BBB Wise Giving Alliance joined together to sign an open letter to all donors asking them not to use overhead as a primary criteria for giving.

The letter does a pretty good job in a short space of discussing how inaccurate the ratio is and the consequences for non-profits when they feel they have to hobble themselves to maintain a low number.

The letter specific cites Stanford Social Innovation Review‘s article, The Non-Profit Starvation Cycle which does a good job explaining the problem in detail.

The reason why I said the timing could be better is because it comes on the heels of a weekend where CNN has been majorly featuring a story about charities that have been fleecing donors with the causes only getting 4% in some cases.

Now make no mistake, I am not defending a 96% overhead by any means. There are a lot of scams out there and it appears pretty clear that the organizations featured in the story set out to deceive right from the moment they generated names that sound very close to nationally recognized charities.

My concern is that to people unfamiliar with charities, the timing of the letter’s release makes it almost appear to be an apologist for the high overhead ratios these dishonest groups had. Especially since a picture of the website of the one of the groups CNN damns contains a claim that Charity Navigator gave them a 3 star rating.

The proximity of these two announcements aside, the public recognition that charities should not be judged on overhead alone is a real advance in the effort to get non-profits evaluated on less superficial criteria. It will likely still happen for some time to come, but it is an encouraging sign.

Stuff To Ponder: New Standard Discount Category

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I had some additional thoughts regarding the article by Alex Tabbarok I cited yesterday that I didn’t include for fear it would get lost in the entry.

Noting out how oriented toward higher education our society is, Tabbarok observes,

“College students even get discounts at the movie theater; when was the last time you saw a discount for an electrical apprentice?”

It occurred to me that extending a discount to trade apprentices might provide a continuous but subtle message that the arts are for everyone, not just the educated elite.

Obviously, this needs to be supported by programming and an attendance experience that isn’t intimidating. But I wondered if the passive act of providing a discount to laborers might succeed where active claims of the arts being for everyone have come up short.

You may not get many actual apprentices attending, but the act of publicizing the discount may contribute to a shifting perception of your organization.

Info You Can Use: Let’s Play Find The Exploitative Clause

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About a month ago, I wrote about webcomic Penny Arcade’s online reality competition Strip Search which is aimed at finding the next great webcomic artist. (By the way, both the comic and the show are often NSFW)

I had mentioned that it seemed like the aim of the show was to use the Penny Arcade fame to help advance the careers of these artists.

I think their most recent episode of Strip Search provides a model for teaching arts students of all stripes about contracts.

Penny Arcade has famously signed away the rights to their intellectual property at least twice and only regained it by dumb luck. This is a topic near and dear to their hearts. I have seen the creators, Mike Krahulik and Jerry Holkins, and their business manager, Robert Khoo, talk about it in interviews and convention panels a number of times.

Khoo is probably the only business manager in the gaming world to achieve hero status for saving Krahulik and Holkins from themselves and helping to grow their company.

In this episode they have the contestants read through an exploitative contract and then go in and talk to Khoo about what they want struck or changed. Khoo basically plays a bumbling idiot in the negotiations because the whole point was to get the artists to evaluate the contract rather than necessarily deal with a combative negotiation environment.

Also, because it was a contest they only had a set amount of time to evaluate the contract and conduct negotiations. In real life situations everybody acknowledges the importance of investing all due care reading contracts and consulting with an attorney.

After the contestants spoke with him, Khoo mentioned that there were two basic approaches to the contract they could have taken. Either decided what their core values were and question whether the contract achieved or impeded those values or go through line by line analyzing each condition (or obviously a hybrid of both).

Because a classroom setting is similar to the contest environment with only a limited time to evaluate a contract (even if a student gets to take it home over the weekend), having a similar opportunity to look at a contract with many elements not in the artist or organization’s best interest and then roleplay a negotiation could certainly be helpful to arts students.

One of the things I never thought I got enough of in grad school was contracts. We got to look at a few contracts to see the sort of things that went into them and I got to read all the Actors Equity handbooks I wanted.

There really wasn’t a discussion about the type of things you would want to change because it wasn’t in your best interest.

Many people may be under the impression that a contract is something that you need to comply with as best you can if you want to do business with them at all. I think there is a basic assumption that the other party is acting in completely good faith and little acknowledgment of the possibility that the other guy may be trying to fleece you to the fullest extent possible.

Most people acting good faith with a reasonable bias toward themselves, but you had still better read the contract every single time it gets set before you.

Joe Patti's Musings on practical solutions for Arts Management

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Butts In The Seats by Joe Patti is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
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