Arts Not An Indulgence When So Many Social Justice Issues Need Attention

by:

Joe Patti

Apparently Vu Le of Nonprofit AF blog spoke at Association of California Symphony Orchestras last week. (those lucky dogs) In his post this week, he addresses the question about whether arts and culture have value when there are so many health and social justice problems that need to be attention. As the executive director of a social justice non-profit, he knows very well just how much organizations like his need funding and attention.

He says yes, arts and culture definitely play an important role in society and helping to address the problems we face. He mentions that as an immigrant from Vietnam, both music and art saved his life and made him feel valuable when he was doing poorly in school due to his lack of English literacy.

“I began to look forward to the art projects. For so long I had sucked at everything that required English, including gym (I could not understand the rules of various activities, like volleyball). With art, I felt competent and respected and sure of myself. My being good at something changed the way the other kids saw me. Art motivated me to continue to learn, to explore. It gave me confidence. It kept me in school.”

In blog posts throughout the years, I have often pointed out that people turn to art, music, theater, etc to help them cope with tragedy and difficulty in their lives. But of course, as a person in the arts, I am predisposed to look for those connections. So I was happy to read that Le had observed similar situations.

He is definitely aware of all the places arts and cultural organizations fall short of serving all segments of their communities. But he disputes the argument that the arts are indulgent in when there is such need in the world and expresses gratitude for the work arts practitioners do.  As long as the following excerpt is, a number of his expressions of gratitude are edited out so it is worth reading the whole post just for that.

I’m telling you these stories because when there is so much going on, so many problems to solve, sometimes we think of art and music as indulgent. Who has time for singing and dancing and stained-glass snowflakes when kids are starving or locked in cages? By thinking this way, we forget about art and music’s power to heal, mobilize, build community, and so much more.

[…]

Art and music are critical in our work for social justice, as frequently they are the only things that can reach people, that can provide comfort or generate the visceral, raw emotions needed for social change. After the election in 2016, when many families and children were terrified, Families of Color Seattle gathered the kids and used art—having the kids draw themselves as superheroes, for example—to help them process their feelings. And this year protesters in Hong Kong, are singing “Do You Hear the People Sing” from Les Miserables as they do a sit-in at the airport.

Yes, there are plenty of things to improve on. Art and music are not always accessible to marginalized communities. Resources are not equitably distributed to artists of color, artists with disability, LGBTQ artists. And in public schools, art and music programs are always the first to get cut, and the schools with the most low-income kids and kids of color are disproportionately affected. Symphonies, orchestras, ballets, and other art forms continue to struggle with diversity and community engagement.

While we work on those challenges, though, let’s take a moment to appreciate the organizations and professionals who are creating art and music, whose skills and dedication bring beauty and hope and happiness to a world sorely in need of it.

IMPORTANT: Changes To Music Licensing May Impact Any Performance At Your Venue

by:

Joe Patti

Some important information about changes to music performance rights came to my attention today and I wanted to share it with readers.

Apparently the consent decrees under which ASCAP & BMI operate are up for review by the Department of Justice. The public comment phase is ending on Friday, August 9.  You can find out more about the consent decrees on the MIC Coalition website.

Basically, because ASCAP & BMI operate akin to monopolies, they and other performing rights organizations (PRO) are limited as to what they are able to do when licensing performing rights. They want these limits loosened. You can provide feedback to the Department of Justice here.

Even with these limits, dealing with these companies is often confusing and criteria seems inconsistent. Many have felt they were forced into purchasing broader licenses than they needed.

Today I received a huge flurry of emails urging myself and others to oppose the loosening. I was confused about why there was this sudden urgency when the public comment phase opened at the start of June. I started to wonder if there was an effort to create a huge sense of urgency by rallying support at a late date. Especially since there were initially few details provided about why one should voice their opposition.

Come to find out, the reason is that a large number of organizations across the country received revised licensing agreements from BMI this week containing some alarming changes. There is some suspicion they timed the mailing to hit toward the end of the public comment phase.

Here is a page of the agreement that is causing the biggest uproar.

In section 1 (g), terminology has been changed from “Gross Ticket Revenue” to “Gross Revenue.”  According to the new definition, in addition to ticket sales, calculation of a fee will now be based upon revenue from sales on the secondary ticket market, service charges, handling charges, VIP packages, advertising revenue, box suites, sponsorships, merchandise, concessions and parking.

So essentially, if you have a sponsor for your show; sell VIP packages, merchandise, food, and charge for parking, all that gets factored in to what you pay BMI rather than just ticket sales as was the case in the past.

From what I am told, the definition of “licensee” has been expanded to include a wider range of activities.

For events without an admission charge, the definition of what is included in the fee calculation has been expanded from a flat fee based on seating capacity to one based on entertainment expenses like room, board and transportation costs for the artist.

There are other problematic issues which are a little difficult to explain in a blog post and might not apply widely to many venues. I suspect there are problems that people have yet to discover.  If you do any sort of licensing with folks like BMI and ASCAP or if you have been trying to fly under the radar, you want to pay attention to this.

If you don’t think this applies to you at all, but you have live music performance, you may find that it does. That band that plays at your museum during First Fridays is probably subject to music licensing.

With more opportunities for revenue available, especially if the strictures of the consent decrees are loosened, there is more incentive find the places that have been trying to slide under the radar.

If you have concerns, check out the MIC Coalition website to learn more or provide feedback to the DOJ.  Also –read any new licensing agreements you get very, very carefully.

 

What Is Your Arts Employees Rights Policy?

by:

Joe Patti

Barry Hessenius recently wrote a post about Arts Employees Rights. Given the amount of conversation and news stories about sexual harassment and other unwelcome activities throughout the creative industries, this seems a very timely subject. I see the topic appearing with increasing frequency on the schedule of arts and culture conference panels.

In addition to issues of safety, Hessenius discusses the need to examine pretty much every category heading of an employee manual. It occurred to me that while I have seen many of these topics discussed separately in posts, I can’t recall many “this is everything that should be in your employee handbook” posts.

I don’t know that we should necessarily take it for granted that every arts organization has an formal employee handbook much less that people have a complete sense of what should be included in the document.

Since equal compensation is a focus of broad conversation these days, it is no surprise that concept straddles a number of his category headings. (Which include Safety, Support, Equality, Compensation & Benefits, Termination, and Career Trajectory.)

He asks many of the difficult questions facing non-profits (this is only a smidge):

Should that minimum wage for full time employees be a living wage – defined as sufficient enough to cover minimal living expenses of room, food, transportation, et. al. for the cost of living of a given area?  (So someone working in Silicon Valley or New York City would need greater revenue that someone living in Fresno or Buffalo).  But can small and mid-sized arts organizations afford such a suggested requirement?  What would have to change to make that a reality?   Should all arts organization employees be provided a minimal level of health insurance?  Is that affordable?  What about retirement benefits or contributions by the employer?  Is that possible?

These are difficult questions for many arts organizations. The better you treat your employees, the fewer you may be able to employ, especially in the face of declining philanthropy.

You may recall about three years ago the Department of Labor was preparing to implement rules that would raise the salary criteria for non-exempt employees, meaning that many, many more non-profit employees would have been eligible for overtime pay than before.

I wrote about an Atlantic article that noted that this placed many non-profits in a strange position ‘“…between the values that many nonprofits hold and the way they treat their own staffs.”

Basically, non-profits work hard advocating for better pay and working conditions for people in general, but find themselves opposing that for their staffs due to lack of funding for operations.

More recently, the CEO of a Goodwill in Illinois tried to shame the governor into vetoing a minimum wage hike by laying off people with disabilities the organization employed, blaming it on the increased costs.

Hessenius acknowledges providing people with appropriate compensation is difficult, but challenges arts organizations not to discard it as a topic of serious discussion. It is easy to say the revenue stream will never support our ideals about compensation so it is futile to even discuss the question. He says there is a need for a conversation about how compensation fit holistically into the organization policy and philosophy on  employee rights.

 

We Will Accompany Them On The Beaches, On The Playgrounds, In The Parks And At The Opera!

by:

Joe Patti

After I posted last week about how English towns installation of chat benches aligned with other stories I had covered about organizations trying to create personal connections between strangers, one of my neighbors, Regina Sweeney messaged me on LinkedIn about a study about buddy benches conducted in elementary schools. (I think this is the first time I have had someone I see on a fairly regular basis read my blog and send me a link.)

A number of schools use buddy benches to help kids make connections. If you are lonely at recess, you sit there and other kids are supposed to come over and invite you to play. There hadn’t been a lot of research done on the effectiveness of these benches so a group set out to conduct one at a school in Utah.

They found that introducing the benches reduced the number of solitary students. As part of the study, they removed the benches for a couple weeks and then returned them to the playground. When they were removed, the number of solitary students started to return to the baseline number observed before the benches were introduced. When the benches were reintroduced, the number of solitary students decreased.

While you can’t necessarily make assumptions about adults from the observation of a small group of elementary school kids, this result seemed to point to the usefulness of some sort of mechanism to facilitate connecting people. Providing people with a way to signal their willingness and desire to connect was useful.

There were kids that abused the benches. Some kids would sit on the bench and then rebuff all overtures to play. Teachers observed that kids who were normally very social seemed to sit on the bench to call attention to themselves. There were also those who made fun of those sitting on the bench.

Many students thought the benches were a good idea, but for other people.

“It appears that while students liked the idea of a buddy bench at their school, many may have thought of it as an intervention to help other students and not necessarily themselves.”

Kids in the upper grades (4th-6th) thought it was only useful for kids in the lower grades. Some students felt that they were introduced too late in the school year after cliques had been formed.

I imagine these general perceptions about the utility of benches might be more deeply entrenched in adults. Though I would also say adults might be more apt to resolve to participate in one role or the other if they knew the goal was to reverse a trend toward social isolation.

One take away from the study that I think is applicable for people of any age is the necessity to consistently make people aware of the program. Every teacher prepared their students for the introduction of the buddy benches and the benches were placed outside 100% of the time during the intervention stage. However, the principal reported only encouraging their use in morning announcements 80% of the time and the teachers monitoring the playground were often too preoccupied with other playground activities to seek out solitary students to encourage them to use the benches.

Those conducting the study felt these situations kept the project from being as successful as it might have been.

I would think the necessity of repeatedly communicating the availability of chatting/buddy programs would even be greater for arts organizations given that the attendees change for every event and they aren’t being exposed the availability of these initiatives everyday the way kids at school are.

I had written about the buddy seating program I had created at my previous theater which paired people in the audience chamber. As I read this study, I wondered if it might be good to have “meet someone new” seating in a public place like the lobby as well. People probably aren’t going to arrive alone at an event seeking a companion, but people new to the experience might welcome the opportunity to chat with those who are equally clueless about what to do or with someone who can offer some advice. Having a bench or row of chairs specifically to that purpose might be useful.

While this seems obvious in retrospect, it only occurred to me as I was re-reading the study and saw a line about the buddy benches being useful as”…a reinforcement by giving students a place to gather should they feel intimidated when seeking out play activities on their own.” This resonated with my recollection of a post Holly Mulcahy made yesterday about people who ruin the concert experience for newbies by enforcing a behavioral orthodoxy.

It wouldn’t eliminate the glares at clapping in the wrong place, but a buddy bench would give people a place to ask “Sooooo…I what’s the deal with not clapping at the end of some songs, but jumping to your feet at the end of other songs?”

If you are involved with education and want to bring buddy benches to your school, you need to read the study because I didn’t touch upon even 10% of what was involved and what they felt needed more rigorous study.