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Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses


ISBN13: 9789403527376
Published: October 2023
Publisher: Kluwer Law International
Country of Publication: Netherlands
Format: Paperback
Price: £106.00



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Employment and Vulnerabilities in the World of Orchestral Musicians is a profoundly knowledgeable and provocative book penned by a versatile scholar who combines the roles of law professor, music journalist, and orchestral violinist. It presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras. The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished due to recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, the employees and freelancers—in this case, the musicians themselves—suffer the most. Based on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author pays special attention to the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience.

What’s in this book:

The methodology will strike a chord with musicians worldwide with its novel system of “movements” that focus on different vulnerabilities besetting orchestral players to highlight a number of topics including:

  • orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe
  • the impact of the perception of orchestras as “elitist” and of limited social value
  • discriminatory practices in auditions and hiring
  • legal and practical relevance of contemporary questions of employee categorization (regularly employed, self-employed, false self-employed), and
  • how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced

An interdisciplinary approach to vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees can be differentiated from freelancers.

How this will help you:

The book plays to a wide audience and aims to provoke discussion and contribute to a deeper understanding of the economic, legal, and social underpinnings of a culturally relevant sector with parallels to other vulnerable sectors beset by labor market insecurity.

Practitioners in labor and employment law, academics, and union representatives will benefit from a robust analysis of orchestral workers’ challenges in today’s labor market. In addition, the research adds another dimension to explore the intersection of human rights law and labor law through a vulnerability lens.

Turning to the music world, the book provides orchestral musicians, music students, and cultural decision-makers with a wealth of useful information and suggestions.

The book adds to the growing body of legal literature on the limitations of current labor law and the increasing vulnerability of workers.

Subjects:
Employment Law
Contents:
List of Abbreviations
Foreword
Prologue
Acknowledgments

Prelude: A Prologue on Orchestras at the Brink

I. Background to Orchestral Journeys
1. FAQs: Answers to Questions Regarding the Orchestral Workplace
2. Haydn Rewrites History

II. Symphonic Variations: Orchestral Employment, Freelancers and the Law
3. Intermezzo: Follow the Money, Economics at the Orchestra
4. Requiem for an Orchestra
5. En Route to FNV KIEM: Of Musicians and Labor Law
6. A Long and Winding Road: Freelancers in a Tale of Two Countries

III. Dissonance: Orchestral Workplace Discrimination
7. Of Rowe and Race
8. Intermezzo: Singing the #metoo Classical Blues
9. Greener Pastures: Coming of Age in the Orchestral Workplace

IV. Closing Chords
10. The Curtain Falls? Orchestras in Times of Pandemic
11. Coda: New Vistas on Orchestral Employment Post-COVID-19

Epilogue: Appendices
APPENDIX 1. Examples Taken from the Dutch Orchestral Field
APPENDIX 2. Overview of US Lockouts/Strikes Post-2007-2008 Financial Crisis
APPENDIX 3. Geloofsbrief (Statement of Intent) Frans Brüggen
APPENDIX 4. “Kaasschaaf en Cultuur: Culture on the Cutting Board”
APPENDIX 5. Dienstverband (Employment Letter) June 19, 2012 (in Dutch)
APPENDIX 6. Save the Symphony: A Call for Solidarity, Netherlands Radio Chamber Orchestra, 2004
APPENDIX 7. RCO Urgent Letter (Brandbrief) to Minister Wouter Koolmees October 18, 2019
APPENDIX 8. Minister Koolmees’ Response to the RCO Urgent Letter (Brandbrief) December 11, 2019
APPENDIX 9. Grand Teton Music Festival Musicians’ Protest Letter on Behalf of Phoenix Symphony Colleagues
Recapitulation: Sources
I Recitative: The interviewed