Tag Archives: traveling musician

Susan Draus: On the Road with Beautiful—The Carole King Musical

Susan Draus: On the RDrauss-2oad with Beautiful—The Carole King Musical — As music director for the touring musical Beautiful: The Carole King Story, Susan Draus of Local 802 (New York City) feels a bit like her career has come full circle. Draus, who was playing music before she was old enough to read, always knew it would be a big part of her life.

Growing up in Calumet City, Illinois, where students began learning their instruments in kindergarten, Draus thought she would one day be a conductor. The clarinetist seemed well on her path when she attended Interlochen on a full scholarship in 1971. However, she abruptly dropped the instrument that same year.

Carole King’s album Tapestry so inspired the young musician, that Draus decided she’d rather become a songwriter. After high school, she launched her own band, Wildwood, before moving to Los Angeles to study music. “I started working in Disneyland with the all-girl band and had my own little band, Outskirts. I wasn’t going down the musical [theater] path at all,” she explains.

Instead, her path slowly merged into musical theater almost by accident. “A friend asked if I would music direct this little show at the Melrose Theater called Ten Percent Revue. It was a tiny little stage and a five-person cast, plus me,” she says of the show in which she also played, sang, and danced. To their surprise, Ten Percent Revue won several Drama-Logue awards, including Best Music Director and Best Ensemble.

After completing keyboard and film scoring programs at the Dick Grove School of Music, Draus moved to Denver, Colorado, in 1991 to become Artist in Residence at Smoky Hill High School. While the teaching was great, Denver didn’t offer many choices as far as bands to play in, so she sought projects at local theaters. Eventually, she became music director for the Arvada Center for the Arts and Humanities where her passion for musical theater grew.

“Arvada was definitely my training ground for musical theater,” she says. “We did classics like Gypsy, Singing in the Rain, and West Side Story, but we also did Violet and Blood Brothers. It was great for me to learn how to conduct and play at the same time. I loved it.”

“My first big national tour was Mamma Mia,” says Draus. “I started out on keyboard 4 and worked my way up to music director/keyboard 1.” Following Mamma Mia, Draus did Good Vibrations on Broadway, but decided she liked touring better. She’s traveled with Billy Elliot, Sister Act, and Book of Mormon.

Beautiful-Carole-KingBut Beautiful is special. “It really has come full circle for me, every single aspect,” says Draus. Draus never dreamed she would one day combine her admiration for the songs of Carole King with her passion for musical theater.

Draus’s favorite Carole King song, and the one that made her want to be a songwriter, is “It’s Too Late.” However, her favorite song to perform in the show is “Will You Still Love Me Tomorrow” because of “how it’s placed in the show, and the emotion around it.”

Beautiful travels with three musicians, aside from Draus, who is also conductor/keyboardist. It picks up eight local musicians at each stop. And though she would prefer to travel with as many permanent musicians as possible, she says Beautiful lends itself well to this arrangement. “This show is laid out so it kind of plays off itself. Not every show is this straight ahead with its songs,” she explains.

Among the perks of the job of a touring music director is the travel itself and the nationwide venues she gets to play at. “I’ve gotten to see this country and cities I would never have gone to before this. I love that,” says Draus. “Right now, for crying out loud, I’m conducting in the Kennedy Center. We are going to play the Pantages Theatre in L.A. That’s pretty cool!”

Among the challenges of the job is working eight shows a week, plus rehearsals. “Our thing is, every time you step up there you are trying for a perfect show,” she says. “I don’t think people realize how many rehearsals there are, especially for the keyboardist.” Aside from the doubles on Saturday and Sunday, there is a rehearsal and sound check on Tuesday, plus rehearsals Wednesday through Friday.

And, on Tuesdays in a new city, Draus starts at square one with a fresh group of local musicians. “After a while, I am tired of my own voice and saying the same things,” she says. “How many ways can you say crescendo?”

But, there’s also an upside to moving to a new city. “No matter who you are—on stage or down in the pit—if you are doing eight shows a week it gets to be this routine, and you can check out pretty easily. What keeps it fresh is that—bam!—we are in a new environment. It sounds different, looks different, new people in the pit. You get this new boost of energy, which is pretty cool. I can’t tell you how many times people come up and tell me, ‘Gosh, the tour sounds so fantastic!’ I think we keep it fresh because every two weeks you are in a new environment.”

Draus says it can be difficult not having other musical diversions on the road. “When you are in New York you can step out and do other gigs. When you are out here, after a while, you start wondering if you could even read a chord chart or play another piece of music.” For this reason, Draus says the traveling musicians seek other projects to work on. Draus also has her own company, Tantrum Productions, which provides arrangements for schools, choirs, and corporate events, and original works across the country.

A long-time AFM member, Draus says she always sticks with union gigs. “They are always higher paying and better working conditions.” Through the union, she is also able to network with musicians in the field to find new work and recommend others for jobs.

She has advice for other union musicians interested in musical theater work. “Work on sight reading and your ability to play all styles,” Draus says. “Network with musicians. If you want to be a pit musician, go right up to the MD and just say, ‘I’m a student and I’m studying this, and I would really love to do what you do, can I sit in the pit?’ That’s invaluable.”

Even with all the challenges of life on the road, Draus realizes that she is lucky to be performing in a job she loves. “I’ve only had four regular ‘day’ jobs in my life and they probably total a year altogether. I’ve been able to make my living as a musician and that’s pretty cool. I’ve been very lucky. The last 10 years have been really great, going from one show to the next. I’ve met such lovely people—great contractors, general managers, music supervisors, and everybody involved.”


 

Exploring Life in the Pit

Drauss-groupThe job of pit musicians is unique in many ways. Eric J. Stockton (guitar), Nick Williams (keyboard/associate conductor), and Shannon Ford (percussionist) of Local 802 (New York City) are touring with Beautiful: The Carole King Story.

Eric J. Stockton

Eric Stockton’s first theater experience was subbing for a dinner theater production of Big River in Phoenix, Arizona. He relocated to New York City in 2011, where he subbed for Big Apple Circus, and then the Broadway revival of Godspell. Eventually he was offered a chair on the national tour of Flashdance, then the Broadway show Soul Doctor and Rocky at the Winter Garden Theater. When Rocky closed, he asked a friend how to keep the party going. He said, “Tell the contractors you’ll tour.” Stockton worked on Kinky Boots’ first national tour before touring with Beautiful.

Q. What attracts you to this work? It’s show business, so it’s a fun scene. You get to work with musicians of the highest caliber in the pits in New York City. Plus, there’s a union contract, so there are benefits and rules for time off, etc. On the road it becomes a little harder because you can’t sub out as easily, but still, the touring bands, and many of the local musicians, are excellent at their craft and it’s fun to belong to a group of traveling gypsies.

Q. How do you keep your playing fresh and energetic when performing the same tunes night after night? The show keeps evolving in ever so subtle ways. On the Beautiful tour the songs are so great that playing them doesn’t ever get stale. I don’t necessarily play the same thing all the time. On other shows that’s more important. I’m not necessarily improvising, but as a rhythm section player, there’s room to change it up.

Q. How has AFM membership helped you? I get health insurance, if I work enough union contracts. The pension will help me in retirement. I purchase affordable instrument insurance through the union. Beyond that, it’s a network of players who, like myself, wish to make a living playing my instrument.

Q. What tips do you have for young musicians interested in working in a musical theater pit? Try to find what inspires you musically and work on that. Broadway is a good gig, but I think it should only be a part of your career portfolio. My heroes are Bob Dylan, Eddie Van Halen, Frank Zappa, and Miles Davis—I don’t think they ever played in a pit. Maybe Zappa did, once.

Q. What aspect of playing for musical theater might surprise other musicians? There is a ton of work involved in learning to play a book the way it should be played, whether subbing or on your own chair. This should not be taken lightly.

Q. Do you have any side projects? While on the road, a lot of my side projects fall by the wayside. In October I went to New York City to record with a songwriter friend. Also, my partner in crime, Dillon Kondor [of Local 802], has a new record coming out that I played on. I hope to play more live gigs with his band, Kondor. There’s a recording of my tunes called Roots on iTunes and at ericstockton.net.

Q. What gear would you never leave home without? Fingernail clippers for sure, and I just bought a very sweet Fender Custom Shop Nocaster that I am loving dearly on the road with Beautiful!

Nick Williams

Nick Williams has played the piano for musical theater for 27 years. He studied acting in college, but started arranging and music directing on the side. Soon after graduation he realized music was his passion. He took on as many projects as possible, working his way up to play and conduct off-Broadway, as well as for nine national tours.

Q. What attracts you to this work? Musical theater can encompass such a broad range of musical styles. We still have the traditional Broadway sound, but people are finding fantastic new ways to tell stories through all kinds of styles. Touring is such a unique experience—taking a show across the country and seeing different audiences enjoying it.

Q. How do you keep your playing fresh and energetic when performing the same tunes night after night? That’s never been an obstacle, although maybe I’ve been lucky to work on shows with music I love. There are always things to work on and discover in the scores. Beautiful has such satisfying, groovy music and profound lyrics—both have huge cultural resonance. The arrangements make the show a blast to play, so it’s not hard to enjoy this music every night. Not to mention, the rest of the traveling gang (Sue, Shannon, and Eric) are great fun and terrific musicians.

Q. How has AFM membership helped you? Having a union that protects the musicians’ best interests is essential to doing what we do, especially when you throw in the variable of traveling. The AFM agreements, and knowing they’re there for us, provide the security and support to be able to do our jobs even better.

Q. What tips would you have for young musicians interested in working in a musical theater pit? Get yourself out there. Do festivals, do readings, play for cabarets, see shows, and meet people. Be familiar with many styles, be open to learning from others, stay up on the technology of your instrument, and above all: be kind, proactive, and responsible.

Q. What aspect of playing for musical theater might surprise other musicians? It surprises even me how many patrons come down to the pit to tell us how much they loved the orchestra. It’s easy to forget that there is almost always a musician in the audience, professional or not, who plays your instrument, hears exactly what you’re playing, and appreciates it.

Q. Do you have any side projects? Lately, my focus has been on Beautiful, I do transcriptions, audition/vocal coaching, etc., while on the road. You can find information about my recent undertakings at: www.katonkeyz.com. I’m always looking for fun side projects.

Q. What gear would you never leave home without? I travel with an Axiom 49 key controller with an interface, along with lots of sample libraries. My road MacBook Pros are loaded with Ableton, Logic, Mainstage, and other fun audio stuff. I’ve also got a Bluebird cardioid condenser mic in my trunk for recording.

Shannon Ford

Shannon Ford moved to New York City in 1992 and began subbing for Broadway and off-Broadway shows. His first show was The Who’s Tommy, which he describes as “one of the scariest experiences of my life.” Ford continued to network within the community, taking advantage of every workshop, he could find.

Q. What attracts you to this work? I like the discipline and high standards of the people in this community. Playing shows has improved my focus and consistency as a musician. Pension and health insurance aren’t bad things to have, either!

Q. How do you keep your playing fresh and energetic when performing the same tunes night after night? I don’t find it difficult playing the same songs nightly. Sometimes it’s a challenge to stay focused, but I try to remember what it feels like to be the guy that just played the biggest clam of the night. It’s about that and being true to your work ethic in the first place.

Q. How has AFM membership helped you? The union has established guidelines that allow me to earn and protect a living wage as a musician. Thanks, you guys!

Q. What tips would you have for young musicians interested in working in a musical theater pit? As a rhythm section player, I encourage young musicians to spend time in a real band. There is a social dynamic and style of performance that I believe you can only get from that experience, and it is useful in a pit. Learn as many styles as you can, and make peace with the give and take required to work effectively with a conductor. Drummers, learn to make up a part while sight-reading a 26-page piano/vocal score. (Bring scotch tape and some white-out.) You’ll thank me later! Also, get familiar with how a musical theater company is run. It’s taken me forever to figure out who does what in which department!

Q. What aspect of playing for musical theater might surprise other musicians? I tend to get hired by good relationships with musical directors and composers, as well as by contractors. Establish them and maintain them. They are a bigger part of the equation than many realize.

Q. Do you have any side projects? Since I’m touring, my days are generally freer than they have been in a while, so I’m practicing more and improving my production and composition skills.

Q. What are a few pieces of gear that you would never leave home without? My Nespresso espresso machine! Can I get
an endorsement?


 

The Local Connection … Life in the Pit

The full-time traveling musicians are not the only AFM members who enjoy playing touring theatre productions, as most shows hire many of the musicians they need locally.

Drauss_nancyWhile repetition means traveling players can practically play their parts from memory, locally-hired musicians experience an entirely different challenge: perfectly executing two to three hours of complex, stylistically diverse, and rhythmically tricky theatre scores with very limited rehearsal time. In a field where you really are only as good as your last performance, theatre musicians represent the cream of their local crop.

For the core traveling musicians, this means a different group of colleagues every booking—for some shows, this means a different ensemble every week. Local and traveling players by necessity have to be good colleagues, and learn to harmonize quickly, both musically and professionally.

Nancy Whelan (keyboard) of Local 500 (Raleigh, NC) joined the show during its stop in Charlotte, North Carolina.

Whelan says she caught the “theater bug” at Cary High School in 1978 as pianist for Fiddler on the Roof. Since then, she’s been musical director/pianist/keyboardist for more than 85 productions. For the past 10 seasons, she’s been the associate musical director and orchestra contractor at North Carolina Theatre in Raleigh.

Q. What attracts you to this work? It’s great being able to live at home and be a full-time freelancer. I appreciate both the stability of living in one place, as well as the excitement of playing a variety of musical genres.

Q. How much time are you generally given to learn the book? When playing local keys for a touring show, we get the books anywhere from one to three weeks ahead. Generally, we only get one four-hour rehearsal with the touring musicians (the day of show), have an hour sound check, then we open that night.

Q. Is it difficult to build rapport with musicians you play with for only one or two weeks? No, especially when we get touring folks like Sue, Nick, Shannon, and Eric. They were all so incredibly positive, helpful, and relaxed—an absolute pleasure to collaborate with.

Q. How has AFM membership helped you? Although North Carolina is a “right-to-work” state, I feel it is important (and I am proud to be) a member of Local 500.

Q. What tips do you have for young musicians interested in working in musical theater? Get all the experience you can in your school and local community theatre, and volunteer at a professional theatre, if there is one nearby. Pianists, in addition to regular practice, hone those sight-reading skills. For reeds players, doubling makes you even more of a hot commodity. Make as many connections as you can. Often, knowing the right person or being in the right place at the right time is how you’ll get that big break.

Q. What is one aspect of playing for musical theater that might surprise other musicians? It takes a different set of skills to play theatre versus straight orchestral playing. People who aren’t in theatre may also be surprised at the often incredibly short amount of rehearsal time we have before opening a show.

Q. What other projects are you working on? I play for NC Theater, local keys for tours, ballet (Carolina Ballet), choral accompanying, and am a collaborative pianist for instrumental recitals. The day after Beautiful closed, we began rehearsals for Into the Woods at North Carolina Theatre, which opened in October.  I will be playing the Holiday Pops run-outs with the North Carolina Symphony.

Air Canada is the Official Airline to Nine Canadian Symphony Orchestras

Air Canada today announced it has added Symphony Nova Scotia and the Calgary Philharmonic Orchestra to its roster of Canadian symphony orchestras it supports from coast to coast. The airline is offering special policies to ease its customer travel experience.

“We are delighted to announce our partnership with Symphony Nova Scotia and the Calgary Philharmonic Orchestra, making Air Canada the Official Airline of nine of the country’s leading symphony orchestras coast to coast,” says Craig Landry, Air Canada’s vice president of marketing. “As a proud Canadian brand, we believe in supporting these pre-eminent arts organizations to help enrich and engage audiences across this country.”

In addition to Symphony Nova Scotia and the Calgary Philharmonic Orchestra, Air Canada is official airline to: Orchestre Symphonique de Montreal, Toronto Symphony Orchestra, National Arts Centre Orchestra, Winnipeg Symphony Orchestra, Edmonton Symphony Orchestra, Vancouver Symphony Orchestra, as well as the National Youth Orchestra of Canada.

“We are also pleased to introduce industry-leading enhancements for all our customers travelling with carry-on instruments, including pre-boarding benefits and a generous discount when purchasing an additional seat for their instrument,” concludes Landry. Customers may purchase a seat at a 50% discount off any published fare, including the lowest Tango fares, to accommodate a musical instrument.

“Meanwhile, the CFM [Canadian Federation of Musicians] is committed to continued lobbying of the government of Canada to harmonize with the US regulated FAA carry-on act. We have met and lobbied each and every stakeholder, including all National Airline Councils, Minister of Transport office, Canadian Transport Agency, and The Canadian Transport Review,” says Allistair Elliott, AFM International Representative, Canada. “All stakeholders are very aware of our position and the need for a unified policy and we are ready to continue all our efforts after the federal election.”

Central Withholding Agreements in the US

If you are a nonresident alien (non US citizen) entertainer performing in the US, you are subject to 30% tax withholding from gross income. There are situations in which the withholding requirement does not apply (certain corporations, nonprofit organizations, and certain treaty provisions), but generally most artists should take advantage of central withholding agreements (CWA) with the US Internal Revenue Service (IRS) to reduce this withholding amount.

A CWA is an agreement entered into by the entertainer, a designated withholding agent, and an authorized representative of the IRS. The agreement can cover one event or a tour and the withholding percentage required will be based on an income/expense budget provided by the artist, indicating net profit/loss. In order to access a CWA, your previous US income tax returns must be filed and US taxes paid (or you have arrangements to pay). You also must file a US tax return for the year in which the CWA is granted.

A designated withholding agent must be a completely independent third party (often, it is a venue, agent, manager, accountant, attorney, etc.). The agent is required to withhold and forward to the IRS withholding tax according to the terms of the CWA and provide a final accounting of the artist’s income and expenses.

The advantages of a CWA is that it allows for one withholding agent (rather than several, as on a tour) and the withholding percentage is based on the estimated ultimate tax liability, rather than the blanket 30% withholding required by law. Only individuals may apply for a CWA and for groups of artists in a band or other ensemble, each artist must apply separately.

Filing a CWA application should include:

  • Application form 13930
  • Itinerary of events to be covered by the CWA
  • Income/expense budget with contracts, deal memos, projected merchandise sales, etc.
  • Power of Attorney or Appointment of Representative form

The regulations for applying are extremely strict in regard to the application date. If the application is received less than 45 days prior to the first event on the CWA application, it will be rejected. The optimum time to apply for a CWA is 90 days before the first event. If you cannot meet these deadlines and the 30% is withheld, you can always apply for a refund (if one is applicable) by filing a US tax return for the year in which you had monies withheld.

When a CWA has been fully executed and signed by the entertainer, the designated withholding agent, and the representative of the IRS, the designated withholding agent assumes responsibility for withholding and reporting tax on the entire tour or event, relieving all other withholding agents from withholding, and eliminating the chances of over-withholding.

Sometimes a foreign entertainer will try to rely on the submission of W-9 or W-8BEN forms or assume that they can rely on a tax treaty provision that allows a certain level of tax-free income. Strictly speaking, the W-9 or W-8BEN form does not negate the withholding because the income is treated as flowing directly to the artist (unless an arm’s-length corporation is involved). Any treaty provisions cannot be considered since the amount of income earned will not be determined until the year’s end. There are, however, certain countries (Armenia, Azerbaijan, Belarus, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Poland, Russia, Tajikistan, Turkmenistan, and Uzbekistan) with a treaty-based provision that exempts all US earned income from taxation.

A CWA is a something every foreign artist coming to perform in the US should consider.

—I welcome your questions and concerns.
Please write to me at: robert@bairdartists.com. While I cannot answer every question I receive in this column, I will feature as many as I can and I promise to answer every e-mail I receive.

Perform at Your Best: Eating Well on the Road

by Karen Stauffer, nutritionist
eating-healthy-on-the-roadWe all know what’s wrong with eating too much restaurant food on the run. Too much fat, sugar, and salt combined with hurried eating can lead to weight gain, fatigue, sluggishness, and even worsening pre-existing health conditions. Often there’s also a lack of fiber in a road diet, and usually fresh greens are in short supply.

When we’re young, these shortcomings don’t affect us as much. However, the body becomes less resilient the more it has to endure a poor diet, especially when it’s combined with the stress of travel and work. The easiest step to better nutrition, even if on a “road diet,” is to take an enzyme digestive aid. This helps break down food so the body can absorb it more readily, so you will get more nutritional value from food and less indigestion and gas. Taking an enzyme supplement is particularly important for people older than 40 or those taking acid-reducing medication, which might cause you to produce less stomach acid for digestion.

Chewable enzymes are not unpleasant. One brand is Zand’s Quick Digest. It tastes good and helps the body digest all food components: fats, starches, and proteins.

To cut down on unhealthy foods buy a small cooler, about the size that holds six cans of soda. Often these come with shoulder straps and are so convenient, they can become part of your carry-on luggage. Also, buy a refreezable cold pack or fill a zipper bag with ice. Fill the cooler with an apple, an orange, cheese portions, hard-boiled eggs, cherry tomatoes, pea pods, red and green peppers, and carrots. All these healthy foods travel well.

Another way to get a healthy snack on the road is with a small day-pack. Raw nuts, crackers, energy bars, and dried fruit can go in here. Also, toss in a few small aseptic (no refrigeration needed) packs of soy milk, a perfect quick breakfast. Don’t forget a bottle of water. If traveling by car, keep a stock of bottled water in your trunk.

Restaurants are convenient, but that’s where poor eating often happens. Make the most of choice, and substitute healthy items whenever possible. The other week I heard a waitress offer broccoli instead of French fries. That’s a good choice: steamed veggies, with a squeeze of lemon! Also, request “no salt,” “heart healthy,” or “low carb” options, and ask for whole grain breads.

Many of us enjoy fast food now and again, but avoid relying on it on the road. If there is no choice but fast food, avoid soda and milkshakes (substitute low fat milk or juice instead), cheese (fast food “cheese” is not cheese at all), and French fries (ask for a baked potato). Remember, many fast food restaurants offer healthy alternatives now, such as salads, applesauce, and fruit cups.

If traveling through time zones has upset your daily routine, a fiber supplement can keep you regular. Discuss with a professional nutritionist which is the right supplement for your needs: soluble, insoluble, chewable, or a blend.

Health food stores offer other nutritious ideas for traveling musicians. Vitamin supplements are one. Another is to pick up a “green drink” powder. A packet can be mixed with water or juice to make an instant nutritional beverage. Another great, easy-to-pack beverage is Emergen-C. Mixed with water it provides vitamins C and B, minerals, and alpha lipoic acid in a tasty fizzy drink.

If you’re having trouble with insomnia, avoid using alcohol to relax. Instead, try Koppla, a soothing, pleasantly sweet drink mix, which contains lemon balm and other herbs. There are other drink mixes containing magnesium, which acts as a muscle relaxant. One problem with alcohol, especially overindulgence, is that it can cause your blood sugar to drop, waking you up in the middle of the night. Eating too late at night can do the same.

Early morning flights or less-than-regular sleep schedules may mean you have to wake yourself up quickly. Many people turn to coffee, but green tea is a better option. Lower in caffeine than coffee, it’s also rich in antioxidants and contains an amino acid (called theanine) whose calming effects may help balance the caffeine.

Adapt these suggestions to your own needs and limitations. Some people travel well, and they have fewer needs than others. For instance, despite my careful planning, my husband drove to Atlanta and back eating bread, peanut butter, jelly, bottled water, and chocolate soy milk. (At least he took his vitamins!) A weeks worth of PB&J sandwiches would have had me headed for a burger joint, but he thrived on them.

I don’t mean for you to pass on any good regional cuisine that appeals to you. After all, delicious barbecue, jambalaya, or homemade pie can make a trip memorable. But be smart, and don’t live on fatty, salty, sugary, fiber deficient foods, either at home or while traveling. If you eat right, you’ll play better, feel better, be more alert and relaxed, and, hopefully, live longer!

–Professional nutritionist Karen Stauffer is owner of River of Life Natural Foods in Lahaska, Pennsylvania. Nutritional counseling is available by calling her at 1-800-651-3820. Read more articles on her specialty–nutrition for musicians–at www.professorpooch.com/Karen.htm.

contract considerations

Contract Considerations for Artists Crossing Borders

robert-bairdby Robert Baird, President Baird Artists Management (BAM!)

When you are negotiating to perform in another country, there are certain considerations that need to be taken into account. There may be language problems, or cultural differences. Be sure you are clear on what is being said or written and know that some cultures may not respond as quickly as necessary, especially when the time to obtain a visa has to be factored into preparations for the performance. It is a good idea to have contracts finalized in plenty of time to allow for the processing of paperwork required to enable the artist to enter the country and perform.

I have decided to start trying to secure some gigs across the border. I was wondering if there are any additional considerations I should think about in negotiating contracts in another country.

Here are a few other things to consider:

1) You need to determine who is going to apply for the required visas, work permits, etc., and who is responsible for the costs. Sometimes, the person hiring you can facilitate, and even obtain the required paperwork. But if the artist has to negotiate the application process, then it is important to know who will pay the required fees.

2)  In North America, with the fluctuating Canadian and American dollar, a decision has to be made as to which currency should be used for payment of the terms of a contract, and even what rate of exchange will be used, and when it will be applied to the payment. The same considerations would apply to foreign contracts: what currency will be used for payment and when will payment be made. In addition, how the payment will be made is important: will it be by cash, wire transfer, money order, check, or cheque? In the latter case it may be impossible or expensive to cash a cheque drawn on a bank in another country, and this needs to be clarified. If there are processing fees, who will pay them?

3) Who will be paying the artist’s travel costs and accommodation? These costs need to be factored into the artist’s fee and should be addressed in the contract negotiations.

4)  More often, presenters are asking artists to provide their own liability insurance and, again, this is an added cost for the artist. It is possible that the presenter can add the artist to an existing insurance policy and this should be discussed.

5)  In the event that a performance needs to be cancelled, due either to force majeure or for any other reason (acceptable reasons should be clarified in the contract), there should be an agreement as to the consequences for either party. Does the artist have to cover some of the presenter’s costs, if he or she cancels? Does a deposit have to be returned? Does the presenter have to cover some of the artist’s costs, if he or she cancels? And is the presenter liable for the entire fee, if the cancellation comes too close to the concert date?

6)  Many jurisdictions are required to withhold taxes from an artist’s fee, unless the artist can provide a waiver of withholding. Investigate ways to avoid withholding.

7)  How disputes are to be handled should be specified in the contract, along with a specified jurisdiction to avoid having to fight a legal battle in another country.

In general, clear and constant communication will make life a lot easier for the artist negotiating terms to cross a border to perform.

—I welcome your questions and concerns.
Please write to me at: robert@bairdartists.com. While I cannot answer every question I receive in this column, I will feature as many as I can and I promise to answer every e-mail I receive.

Pour lire cet article dans la visite Français: www.internationalmusician.org/considérations-contractuelles-pour-les-engagements-à-l’étranger.

 

USCIS Visa Processing Delay Notice

by Liana White, AFM Executive Director, Canada

We regret to inform Canadian travelling musicians that USCIS, primarily the Vermont Service Center, is severely backlogged. Please note that USCIS does not notify petitioners. We find out when our files are not processed on time, are approved at the last minute, or are only approved on time after congressional intervention. While USCIS regularly posts the submission date of petitions the adjudicators are currently processing, that date is not typically applicable to the processing of artist permits, which by USCIS internal policy, should be processed within 14 calendar of days receipt.

Our regular processing time of 35-45 calendar days has now increased to a minimum of 56 calendar days—so allowing 60 calendar days or more is best. If you do not have 56+ days before you are required to enter the US, there are two options:

1) At the outset of applying, or 25 calendar days before your date of entry, pay the additional premium processing fee of $1,225US. It must be remitted under a separate money order payable to Department of Homeland Security. (This fee is in addition to the $325US petition fee payable to Department of Homeland Security).

2)  Try to arrange a congressional expedite of your petition after your file has been issued a receipt number by USCIS, which can take upwards of 20 days. Follow this process:

  1. a) The first US venue must contact their local congressional or senatorial representative.
  2. b) A congress or senate aide contacts the AFM office and sends a waiver for the AFM petitioner (staff) of your file to complete.
  3. c) The AFM petitioner returns the waiver with a copy of the USCIS issued receipt notice.
  4. d) The congress/senate aide contacts Vermont Service Center Congressional Unit, which will locate and process the petition within 48 hours. The approval is then sent to the aide who, in turn, forwards it to the AFM petitioner, who will send it to the designated contact on your file.

There is one other way offered by USCIS to expedite the process (“transitional expedite”), but it is not effective most of the time. USCIS should take internal expedite action on any artist work permit petitions that have been pending for longer than 14 days. However, in most instances, the USCIS customer service agent will not start an internal expedite until the file has been pending for 60 days or longer, making the two previous options the most viable.

In the meantime, the AFM, along with its coalition members comprising the Performing Artist Visa Task Force/Working Group, continue to lobby the USCIS and the US government for improvements to the processing of artist permits. We have recently prepared a communication to USCIS officials addressing the delayed processing of all categories of artist permits.

AFM staff will continue to serve you to the best of their abilities, but we ask for your patience and understanding during this period of backlog. Each file now requires double the work as the AFM staff does its best to get them approved as quickly as possible.

If you have any additional questions, comments, or concerns please feel free to e-mail me directly at lwhite@afm.org.

Pour la version Francaise, clique ici. 

pour la version française , cliquez ici
Travel Advice with violin case

Travel Advice From the AFM for Musicians Flying with Instruments

Making your Reservation

Ask for priority boarding. Request (or purchase) “zone 1” boarding, which will allow you early access to overhead stowage.

Inform carrier representative(s) that you are transporting a musical instrument. Carriers are required to inform passengers about any plane limitations and restrictions.

Rules relating to on-board stowage will apply to any instrument that meets FAA carry-on size requirements.

Packing & Carrying Your Instrument

Remove any sharp tools, like reed knives and end pins, and liquids that do not comply with TSA’s three-ounce regulation.

In case your instrument is not allowed in the cabin with you, be sure to have a proper travel case to avoid damage.

Board early: Overhead and under seat stowage is on a first come, first serve basis. Once an instrument is stowed in-cabin, it cannot be removed or be replaced by other bags.

Deal Calmly with Problems

If you are stopped by a flight attendant, calmly and quickly explain the precautions you have taken to prepare your instrument to safely travel in-cabin.

  • Be accommodating. Suggest placing the instrument in the storage area designated by gate and flight attendants.
  • If necessary, immediately ask to de-plane so that you can resolve this matter with airline supervisors.
  • Be prepared for the possibility that you may not be able to travel with your instrument in the cabin.

Study and follow guidance outlined in federal and air carrier online policy statements.

www.tsa.gov/traveler-information/musical-instruments

www.dot.gov/airconsumer/air-travel-musical-instruments

Problems Crossing a Border with a Criminal Record

Problems Crossing a Border with a Criminal Record

robert-bairdby Robert Baird, President Baird Artists Management (BAM!)

Even a minor criminal conviction can cause you to be turned away from a border crossing. Many musicians are surprised to find out that their criminal record prevents them from traveling overseas for work. I received this letter from a reader:

Our performing group will be crossing the border in July and I am concerned because of several misdemeanors I committed many years ago. I’m worried that I may be stopped at the border. What would you suggest? 

First of all, everyone should realize that border crossing officials do have access to criminal records, so this is not something you can hide or ignore when you try to cross. Attempting to cross a border without declaring your arrest record can result in permanent entry ineligibility, detention in the US, or refusal of entry into Canada.

Canadian citizens with a criminal record should contact the Customs and Border Patrol office at their intended port of entry well in advance of their travel plans to determine if their criminal record will make them ineligible for entry without a waiver of ineligibility.

Factors that influence your ineligibility to enter a country include the number of offenses, the severity of the offenses, how long ago the offenses occurred, whether or not a criminal sentence was served, and if a parole or was pardon granted. The severity of offenses is determined by the criminal code of the country you are trying to enter. The Canadian Criminal Code defines a serious crime as one punishable by a maximum prison term of at least 10 years. Being granted a pardon in one country does not guarantee you will be pardoned in another country. Each case is reviewed by border officials who make the final entry determination.

Canadians entering the US, should take a copy of their conviction with them and show it to the Customs and Border Protection (CBP) Officer. If the conviction was for a minor offense, the CBP Officer has discretionary powers to allow entry into the US. If your criminal record makes you ineligible for entry, then you may apply for a Waiver of Ineligibility (Form I-601). There is a fee and the process takes several months. Non-Canadian citizens must apply for a visa to enter the US, and then apply for the same Waiver of Ineligibility. An interview at a US embassy or consulate is also required.

Americans entering Canada with previous offenses, such as Driving Under the Influence (DUI), may be treated differently in Canada. Americans attempting to cross the border into Canada with a DUI, DWI, OUI, W&R, etc., will require either a Temporary Resident Permit (if the offense occurred in the past five years) or an application for Criminal Rehabilitation (if the offense occurred more than five years ago). For more information on the Temporary Resident Permit click here.  For an application for Criminal Rehabilitation click here.  Dealing with these options can take up to a year.

There are exceptions, however. If the offense occurred more than 10 years ago and no jail time was served, Canadian border officials may deem an individual to be rehabilitated and allow entry and/or the issue a Temporary Resident Permit at the border, if there are compelling or urgent circumstances to allow entry. Obviously, the border officials will weigh your need to enter against the security risks to Canadian citizens.

Know the rules and your options before you try to cross a border with a criminal record.

—I welcome your questions and concerns.
Please write to me at: robert@bairdartists.com. While I cannot answer every question I receive in this column, I will feature as many as I can and I promise to answer every e-mail I receive.

Canadian Waivers and Taxation for Foreign Artists

robert-bairdby Robert Baird, President Baird Artists Management (BAM!)

Ignoring the taxation requirements of a foreign country can lead to unforeseen complications, as this letter illustrates:

We sent an American ensemble to Canada in 2013. We had obtained an approved R-105 waiver in advance. Consequently, no taxes were withheld. We did not realize that we needed to file a Canadian tax return. When we applied for a waiver last summer, we were surprised to have it rejected. The presenter withheld 15% and we’d like to get it back. What do we do now? 

R-105 Waivers are used in Canada to reduce or eliminate the 15% required withholding on services provided in Canada by a nonresident. Even with an approved R105 waiver in Canada, you are still required to file a Canadian income tax return the following year; otherwise, subsequent waiver applications will be denied until your tax filings are up-to-date. This is made clear in the approval letter from Revenue Canada. R105 waivers do not represent the final Canadian tax obligation of a foreign artist: the ultimate tax liability can only be determined after an assessment of a Canadian tax return.

There are two types of R105 waiver applications:

1) Treaty-based waivers—Treaty-based waivers are granted if there is a treaty between Canada and another country. Currently, there are more than 80 tax treaties in force. (Visit http://www.fin.gc.ca/treaties-conventions/in_force-eng.asp for a list.) Generally, where there is a treaty, if an artist earns less than $5,000 a year in Canada, with certain restrictions on time spent in Canada, a waiver will be granted. For American artists the amount is less than $15,000 per year.

2) Income/expense waiver—If you do not qualify for a treaty-based waiver, you can still apply for an income/expense waiver. You submit a summary of your gross Canadian income and claim applicable expenses against that amount. The net income is then assessed for tax liability. A waiver may be granted or the required withholding may be less than the required 15%. Applicable expenses include: professional service fees (managers, agents, etc.); accommodations and/or meals; travel to Canada and between places in Canada; mileage for personally owned or rented vehicles used in Canada; equipment rental other than vehicles; and remuneration paid to other persons providing services in Canada (for example, resident or nonresident employees, or subcontractors).

[Note: Fees paid to nonresidents require the 15% withholding unless you acquire an approved R105 or R102 waiver for them as well].

Whether you received an approved waiver or had monies withheld, you should always file a Canadian tax return. It’s a requirement for future waiver approvals and you may receive a refund of monies withheld. Individuals should file a T1 return by April 30 and corporations a T2 return by June 30 of the following calendar year. In addition, if you used subcontractors or employees, you will need to issue T4A-NR slips to each individual, remit withheld monies to the receiver general of Canada by the 15th of the month, following the month in which the payment was made to the nonresident and file a T4A-NR information return (T4A-NR slips and summary form) by the last day of February in the year following the year in which the amounts were paid. Note that there are significant penalties for failing to file tax returns and required forms as indicated.

Nonresident artists need to be aware of waivers and tax filing requirements when coming to Canada to perform.

—I welcome your questions and concerns.
Please write to me at: robert@bairdartists.com. While I cannot answer every question I receive in this column, I will feature as many as I can and I promise to answer every e-mail I receive.

To read this article in French visit: www.internationalmusician.org/la-fiscalite-canadienne-et-les-dispenses.

United States Taxation for Foreign Artists

by Robert Baird, President Baird Artists Management (BAM!)

The issue of United States Taxation for foreign artists came up in a recent letter:

I have a band that is looking to play a corporate event in the US at the end of June. My accountant just informed me of the Central Withholding Agreement that could keep as much as 30% of our income—the final total being left at their discretion. My accountant tells me that it is likely just a matter of incorporating the business, which can be done fairly quickly. Can you help?

Dealing with taxation in any country is complex. The regulations regarding taxation for a foreign artist are customarily contained in a tax treaty between the two countries, and will apply differently to individuals than to businesses. However, it is not simply a matter of incorporating an individual or a performing group as a business because the IRS considers who the “beneficial owner” of the income is and, if any individual is named in the corporation, then the income is considered personal, not corporate.

In the US, the requirement is that anyone paying a foreign artist has to withhold 30% in taxes on US income. Anyone who withholds tax, be it a promoter, a venue, a presenter, a manager, or an agent, is designated by the IRS as a “withholding agent.” If the foreign artist fails to file a tax return and pay the required taxes, then the “withholding agent” is liable for any unpaid tax.

There are exceptions to this general principle:

A tax treaty may exempt a business from paying tax in a foreign country if it is recognized as a business by the IRS and has no “fixed establishment” in the US.

A tax treaty may allow a certain level of income for independent personal services to be earned tax-free, if the individual has no “fixed base” in the US and spends no more than a certain number of days in the country. For example, the Canada-US Tax Treaty allows an individual artist to earn $15,000 annually without taxation. However, earning more than $15,000 annually would make the individual taxable for the whole amount.

An individual (not a business) can enter into a Central Withholding Agreement (CWA) with the IRS whereby the IRS will estimate the actual tax liability of the artist and withhold less than the required 30%.

In years past, it was often enough to provide a US employer with a W-8BEN or a Form 8233 to avoid the required 30% tax withholding. Now, this is no longer regarded as sufficient. An employer cannot rely on these forms to avoid enforcement of the IRS requirement.

If it transpires that a foreign artist has been “over-taxed,” then a refund can be obtained by filing a tax return. Even if your income is exempt from US income tax, it’s a good idea to file annually. Individuals should file a Form 1040NR or Form 1040NR-EZ. Businesses should file a Form 1120-F.

At some point in the future it may become necessary to have your tax filings current before you are granted a work visa for the US. It’s a good idea to comply with all requirements for foreign taxation.

—I welcome your questions and concerns. Please write to me at: robert@bairdartists.com. While I cannot answer every question I receive in this column, I will feature as many as I can and I promise to answer every e-mail I receive.