From Our Readers

Copyright 101 for Conductors: The What’s, Why’s, and How-To’s

May 25, 2021 by From Our Readers 2 Comments

By Rebecca Lord & Nate Wise

Struggling to navigate copyright laws? Concerned about mistakes you made before you knew the laws, especially your YouTube videos, which are globally displaying your inadvertent copyright infringements? Or are you new to the world of copyright laws and looking for a basic guide? Then this article is for you.

Following are definitions and explanations of must-know licenses for musicians along with some how-to’s and practical resources. Budgetary issues will be discussed and thoughts will be shared for those who are learning they have inadvertently broken copyright laws. And finally, some FAQs.

WHY YOU NEED TO KNOW

Copyright (or the right to copy) is designed to protect certain rights of creators legally, giving them the right to control and profit from the use of their works in certain ways. Creators can manage their own rights or give them to others such as publishers, often in exchange for royalties.

We are accountable for obeying copyright laws, whether or not we know them. How many of you, like myself, obtained multiple degrees in music and knew only that you needed to purchase adequate copies of music rather than duplicating? Purchasing sheet music only grants rights for non-public performances and a few public performance exemptions noted in the Copyright Act Section 110 (1-4).

“Mistakes,” officially known as infringements, carry certain risks. Worst-case scenario: lawsuits with fines up to $30,000 per infraction (plus possible legal fees on both sides) for those who have ignorantly infringed, and $150,000 for those who have knowingly infringed. Lawsuits for smaller infringements are more doable than ever, thanks to the recent Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act). Music industry attorney Erin M. Jacobson, Esq., suggests this act will allow action “for infringements that were previously too small for expensive litigation. There will likely be an increase in policing infringements.”

The good news is knowledge is power and learning some basics and adopting a conservative approach now can avoid risks in the future.

AN IMPORTANT DISCLAIMER

Please do not consider this article to be a substitute for obtaining legal advice from a qualified attorney licensed in your state. Nothing in this article or the related documents should be construed as legal advice – instead, all information, content, and materials available herein are for general informational purposes only. Music copyright can be complicated and you should visit with an attorney if you have specific questions about how the law relates to your situation.

WHAT YOU NEED TO KNOW

Before we dig into licensing, here are some definitions you will need to know.

Public vs. Non-public

Public performances of copyrighted materials generally carry licensing requirements (unless one of the exceptions apply). Knowing the legal definition of public is therefore essential. The Copyright Act (Section 101) specifies:

To perform or display a work “publicly” means —

(1) to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or

(2) to transmit or otherwise communicate a performance or display of the work … to the public, by means of any device or process, whether the members of the public … receive it in the same place or in separate places and at the same time or at different times.

This means that small studio recitals in a teacher’s home or small gatherings of family and friends do not require licensing, but more “public” performances, extending to publicly available spaces and groups of people do.

Dramatic vs. Non-Dramatic vs. Grand Rights

Certain types of licenses specify they are only for nondramatic, dramatic, or grand rights. Following is a basic overview of these categories. Please note that exact definitions and guidelines can vary based on the performance-rights organization (PRO) and the type of use (e.g., live performance vs. television). It is always wise to ask the copyright holder or licensing agent if there is any question.

Nondramatic Performance: “a musical composition that is not woven into … a plot and its accompanying action. The mere singing of a song [even if from a musical or opera] … would constitute a nondramatic performance” (Kohn, 2019, p. 1272).
Dramatic Performance: “a performance of a musical composition that is woven into and carries forward a definite plot and its accompanying action” (Kohn, 2019, p. 1272) but is not a fully-staged dramatic work such as a musical or an opera. The American Society of Composer, Authors, and Publishers (ASCAP) provides greater detail and examples.
Grand Rights: generally refers to the rights to perform a large portion of or an entire dramatico-musical work (e.g., an opera or musical). Grand rights are usually not obtained for a single song or other element from a dramatico-musical work, although television performances have separate rules and criteria.

Here is a table of licenses you may need for public performances of nondramatic, dramatic, or grand works (special rules for television or film studios not included).

Licenses & Descriptions	How to Obtain
Public Performance/Broadcast License: Permission to perform or transmit non-dramatic performances (e.g., no full musicals or operas) to the public. Includes digital/online video streaming, but not on-demand views or postings (those that allow a user to click and enjoy whenever they would like or after an initial stream).	Most performance venues and major social-media hubs (e.g., YouTube, Facebook, Instagram TV, TikTok) contract directly with large PROs, who cover most songs (you can verify by searching for your songs on their sites). For any songs that are not covered, this license can be obtained by the copyright holder of the song. The PROs:ASCAP BMI (Broadcast Music, Inc.)SESAC (Society of European Stage Authors and Composers) GMR (Global Music Rights)
Mechanical License: Permission to make and distribute audio-only recordings–physical and/or digital.	The Mechanical Licensing Collective (TheMLC), Harry Fox Agency , MusicReports or the copyright holder. TheMLC.com is newly functioning as of 2021 and provides blanket licensing for digital and/or physical audio recordings.
Compulsory (Mechanical) License: Permission to create arrangements or “covers” and record and distribute audio-only, physical CD’s/vinyls (no digital) of previously-recorded songs (official recordings by original creators). This “compulsory” license cannot be refused if the correct process is followed. Note: Does not permit sharing of sheet music or public performance of new arrangement(s). Separate licensing is required in these cases. However, the recordings can be played at live events.	Send a letter called a Notice of Intention (NOI) to the copyright holder or the licensing division of the Copyright Office (added fees), along with payment of prescribed royalty rate each month sales are made. Royalty rates are fixed. Find more details on copyright.gov.
Synchronization License: Permission to synchronize or put together audio and visual elements (needed for recording video, creating music videos, slide shows, other visual/audio combinations).	Contact copyright holder/music publisher or pay a licensing agency such as Tresóna or Easy Song Licensing (added fees for their services, but can be time savers).
Custom Arrangement Licence: Permission to create arrangements or adaptations, officially known as derivative works. Here is further information regarding what constitutes a derivative work and who will own it. Note: if you are only producing a physical audio recording such as a CD, a compulsory license includes this permission.	Contact individual copyright holders or pay a licensing agency such as Tresóna or Easy Song Licensing.
Master License: Permission to use copyrighted sound recordings in performance (e.g., an accompaniment track or background music).	Contact individual copyright holders or pay a licensing agency such as Tresóna or Easy Song Licensing.
Print License: Permission to “make printed copies of musical notation or lyrics, or both” for any purpose (e.g., duplicating sheet music, printing lyrics in the program or on the screen). If in digital format, the license needed is a digital print license.	Contact individual copyright holders or pay a licensing agency such as Tresóna or Easy Song Licensing.
Dramatic Performance License: Permission to perform a dramatic performance (one in which the song is integral to a plot in your specific performance), but not a full production of a grand musical work.	Contact individual copyright holders or pay a licensing agency such as Tresóna or Easy Song Licensing.
Grand Rights License: Permission to perform a significant portion of or an entire grand performance or musical/dramatic work (e.g., an opera, operetta, or musical). Encompasses rights to use the script, music, scenery, costumes, and choreography.	Contact individual copyright holders.
Performer Permission: Any time an audio or video recording is made or distributed, the Copyright Act requires consent or official permission of the performer (section 1101 title 17). Some states have additional rights of privacy of which you may need to be aware.	Options may include: Forms that performers (or guardians) sign, listing current and future recording uses. For classes, permission can be written into the prerequisite for the course.Contracts for members, employees, or guest performers. Some institutions have standard performance contracts. Guest performers will often bring their own contracts, and any differences will need to be negotiated.

Feeling Overwhelmed?

This list is long, and we fully acknowledge that working with copyright laws can be challenging! The Copyright Act, established in 1976, has not been fully adapted to deal with changing technology. This has often left copyright holders in the driver’s seat to navigate through enormous changes, resulting in widely ranging fees and licensing terms. As attorney and copyright specialist Katy Baron has noted, “Copyright law moves slowly, but technology moves quickly” (Pelloquin et al., 2020).

Common Performance Examples & Licensing Needs

We have assembled several examples of common performance scenarios and their licensing requirements. To see these examples (e.g., a concert of a variety of songs that will later be posted on YouTube, the performance of a song from a musical with new choreography, or the performance of a new song), view this list. And when in doubt, ask. Most publishers will help you identify your licensing needs if you explain in detail how you would like to use their copyrighted works.

Are There Any Exemptions?

Yes! First, keep in mind that these laws only apply to non-public domain works. There is an enormous body of work that can be used without licensing or restrictions. There are also two types of exemptions written into the Copyright Act:

Fair Use: Fair Use exists in the Copyright Act (section 107) to try to promote progress and to balance copyright laws with the freedom of speech. A fair use does not require permission or licensing from the copyright owner. Knowing how and when it might be okay to use copyrighted materials fairly is complicated. Here are some guidelines.
Church, Education, and Other Not-For-Profit Performances: There are performance-licensing exemptions for these categories as well. Please read the details carefully as they are specific and limited (e.g., for churches, exemptions apply to worship services, not other activities). Also note that exemptions are limited to performance licensing and do not cover streaming, reproducing, arranging, printing lyrics, or playing recordings. Here is a document providing additional information and a few resources for schools, independent music teachers, and churches.

HOW THIS ALL WORKS

With the added steps, potential expense, and wait times, it is important to get organized and start early when planning performances that will require licensing. Here are some practical tips for your licensing journey:

Start early. Response times for licensing generally range from the same day to two months (it is possible to receive no response as well). It is wise to select repertoire well in advance, determine licensing needs, and make initial requests at least two to three months before the first rehearsal. If you do not receive a response, follow up or simply choose another song. Having alternate song options decided in advance can be helpful.
Get Some Help. Engage a student, member, parent, or other volunteer to help with tackling permissions. Give them your repertoire list, your licensing needs, a copy of this article, and have them start the process. You can always jump in later to negotiate and agree to the final quote and take care of any licensing fees.
Use Directories to find Copyright Holders: Most copyright holders and their contact information can be found by searching on ASCAP & BMI’s Songview or TheMLC.com’s Public Work Search. GMR also has a search catalog. It is best to start here rather than with the copyright notice on the music itself, as it is common for copyrights to change hands and you may find yourself in a wild goose chase. If you strike out, you will be stuck doing the goose chase. The Library of Congress can provide copyright owner information for officially registered works. 1978-current publications can be found online, and earlier dates can be found by visiting a branch or hiring an employee to conduct a search, although that can be pricey. U.S. Copyright Office: (202) 707-3000 or 1 (877) 476-0778 (toll free); www.copyright.gov.
Make Your Requests: If you have enough budget, a licensing agency such as Tresóna or Easy Song Licensing can take care of all of your licensing needs for an added fee. This is the most efficient method. If you will be taking care of licensing on your own, search for a licensing request form on the publisher’s website or email your request using the contact found on Songview or the Public Work Search. Here is a template of a letter you can adapt for your request. Note: publishers are sometimes willing to negotiate, but licensing agencies are not. Ben Fales, general manager and executive producer of BYU Music Group (Brigham Young University’s record label group), has found greater success directly emailing publishers and requesting permission for a video to be shown only on YouTube, rather than an all-inclusive sync license. In his negotiations, he also offers to include links to the publisher’s website so others can purchase the sheet music of the song performed in the video, and links to the final published video so publishers can monetize even if the Content ID system fails to pick up the video as a match.
Get Organized: Create a folder in which to store all licenses. It also helps to keep a list or spreadsheet as you go through this process, checking off licenses as you obtain them, making notes of individual contacts you establish and can use in the future, and making any additional notes (e.g., publishers with rates in your price range).

How Much Will This Cost, and What If I Can’t Afford Licensing?

Licensing fees range widely from free to thousands of dollars per license. Compulsory mechanical licenses, with their per-copy royalty rates, are the only licenses with legally fixed rates. Publishers have different rates and often base them on a number of factors.

If your budget is small or non-existent, we salute you for efforts to continue making music! As daunting as this information can be, there are still many ways to perform music publicly for free or little expense! Details will be shared tomorrow (May 26, 2021) in our article “Choirs with Limited Budgets: Top Ten Solutions for Copyright Compliance on a Dime.”

YIKES! I HAVE INFRINGED! WHAT CAN I DO NOW?

If you are realizing that you have infringed on copyright laws, you are not alone! While this article does not constitute legal advice, here are a few thoughts. First and most importantly, step up your game and do things right moving forward. An ounce of prevention is worth a ton of cure.

If you have material out there that is currently infringing (e.g., YouTube videos lacking sync licenses), unless you are comfortable with the risk level, your safest option is to take it down. If you want it out there, you can apply for licensing and re-post once you have the requisite license(s) in hand. Penitently requesting and paying for a retroactive license is sometimes possible, but it is also risky.

If this article has caused you to quake in terror of numerous $30k+ lawsuits coming your way, you can probably breathe a bit easier if your audience/viewership is small. While copyright infringement certainly brings litigation risks, in this industry it is common to “feed the pig and slaughter the hog.” In other words, those getting millions of views and possible profits are most likely to be targeted for legal action. However, smaller-scale infringements are not risk-free, and the new 2020 CASE Act makes smaller claims much easier to pursue. It is difficult to know how aggressive copyright holders will be, or how damages will be handled until things get codified and established and the Copyright Claims Board (CCB), the decision-making tribunal tied to the CASE Act, is fully up and running. (Note: the Copyright Office has issued a Notification of Inquiry, inviting public comments regarding the CCB and its regulations and procedures. Comments are currently being accepted).

Here are additional factors that may lower your risks.

FAQs

Q: What if I want to perform music that is out of print?

A: If it does not have a CC license or belong in the public domain, you will still need to obtain all necessary licensing and permission.

Q: What if I am unable to find the copyright holder or they do not respond to my requests?

A: Keep trying until you succeed or choose a different song. Such works are still fully protected under copyright laws. Efforts have been made to pass legislation that would allow the performance of “orphan works” (those whose copyright holders are impossible either to identify or to contact), but these efforts have not yet succeeded.

Q: From whom do I need permission if there are multiple copyright owners of a work?

A: Attorney Jeremy Brook explains, “Under the law when there’s more than one copyright owner, there’s joint authorship; any of them can license the work without specific permission from the others. They just have to account to them. In practice though, there’s usually agreement between songwriters. . . . Best practice is usually to go try to get the okay from everybody … if for no other reason than to just avoid kicking a beehive down the road” (Sharp et al., 2020).

Q: What permissions would I need to perform or arrange a medley?

A: If you are performing an arrangement that has already been published, the necessary permissions would be the same as those for any published song.

Obtaining permissions for arranging a medley can be challenging and costly. Each song used requires its own arrangement license/permission since including several separate works together as a single performable piece would constitute a derivative work for each of the selections. A copyright owner/publisher may refuse permission for any reason.

And, if permission is granted, according to the Music Publisher’s Association of the United States, “there may be restrictions on the length of time, context, or usage of the derivative work in live performances, sometimes allowing only for specific one-time events. It is the right of the copyright owner to allow or restrict … usage. … Note that it is common practice for publishers to insist on owning the arrangement (it is, after all, based on their copyrighted work), and then granting nonexclusive usage rights to the arranger under a license.”

It is also important to note, when performing medleys from musicals, the PRO blanket licenses DO NOT permit dramatic performances of songs. The songs can be performed only in cabaret style. A blanket license from ASCAP, BMI, SESAC, GMR, permits neither the “use of dialogue from the show nor sets, costumes and/or choreography that invoke the original show.”

Q: If a copyright claim has been made on my YouTube video and I have been told it is not a copyright strike, does that mean I am safe from legal repercussions for any infringements?

A: Maybe. YouTube has a publishing license with some music publishers which may render some videos “safe” from legal action. Further details can be found here.

WRAP-UP

Performing or posting copyrighted materials without securing the legally required permission(s) is inherently risky, and your experience will vary depending on your personal risk tolerance and/or that of your institution, especially given the potentially higher risks that now exist with the 2020 CASE Act.

Attorney Erin M. Jacobson, Esq., notes that “defending copyright infringement is exponentially more detrimental and costly than seeking the correct licenses before the work is used.” She brings us back to the spirit of the law, noting that “complying with copyright laws is extremely important, not only from a legal standpoint, but also for creators to respect the work of their fellow creators.”

Rebecca Lord has served on the choral/vocal faculty of Brigham Young University-Idaho and as Associate Director of Choral Activities at the University of California, Los Angeles, where she earned MM and DMA degrees under the tutelage of Donald Neuen. She also served as Chorus Master for Arizona Musicfest and Assistant Conductor for the Hour of Power choir. She has a background as a professional violinist, soprano, dancer, and actress.

Nate Wise serves the BYU-Idaho campus as the director of the Intellectual Property Office as a paralegal working with General Counsel to identify, protect, and administer intellectual property matters for the campus community. He earned a Master’s Degree in Education Technology from Lesley University.

REFERENCES

DeFord, Sally. Email to Rebecca Lord, March 27, 2021.
Fales, Ben. Interview with Rebecca Lord. Personal Interview. Zoom, April 28, 2021.
Jacobson Esq., Erin M. Email to Rebecca Lord, April 30, 2021.
Kohn, Bob. Kohn on Music Licensing, Fifth Edition. Wolters Kluwer, 2019.
“Creating Authorized Orchestral Pops Arrangements.” Music Publishers Association of the United States. October 29, 2019. https://www.mpa.org/arrangements/.
Lord, Rebecca, Nate Wise. “Choirs with Limited Budgets: Top Ten Solutions for Copyright Compliance on a Dime.” Choralnet.org. American Choral Directors Association. May 26, 2021. https://choralnet.org/2021/05/low-budget-choirs-top-ten-solutions-for-copyright-compliance-on-a-dime/
Pelloquin, Andrea, Katie Baron, Shari Molstad. “Copyright for Virtual Choirs: What You Can and Cannot Do.” Webinar from J.W. Pepper, October 1, 2020. https://www.youtube.com/watch?v=mLOLpPFlPQc.
Sharp, Tim, Shari Molstad, Kent Draughon, Jeremy Brook, Allec Harris, Janice Bane. “Copyright Guidance for Singing in a Virtual World.” Webinar from National Association of Teachers of Singing, June 9, 2020. https://www.youtube.com/watch?v=14Sr2EM0y3o.
U.S. Copyright Office, Library of Congress. Copyright Law of the United States and Related Laws Contained in Title 17 of the United States Code. Circular 92. Washington, D.C.: 2020. https://www.copyright.gov/title17/title17.pdf (accessed April 26, 2021).
WeAreTheHits.com. Email to Rebecca Lord. March 29, 2021.

Silver Linings: Reflecting on What We Do for Our Singers

May 18, 2021 by From Our Readers Leave a Comment

By Jeanne Wohlgumuth

Finding a silver lining in a year that has been riddled with disappointments and life-changing events would seems to be daunting and virtually impossible. However, when given the opportunity to reflect on the past year, I find that there are many silver linings that have emerged from a somewhat horrendous situation.

Silver Lining #1 – In-Person Rehearsals/No COVID Transmission

New World Singers, the elite performing ensemble of the Columbus Children’s Choir (CCC), has been holding in-person rehearsals since September. There were many changes that had to occur to make this possible. These included smaller ensemble sizes, 6 ft. social distancing, opening all windows and doors (yes, even during the cold Ohio winter), turning off the HVAC system, purchasing Conway CADR HEPA Air Purifiers for each rehearsal room, taking temperatures and wearing masks, changing rehearsal rooms after 30 minutes, and fogging rehearsal room with isopropyl alcohol and letting them sit empty for 20-30 minutes.

While at first these changes felt very confining and restrictive the benefits have been innumerable. Most importantly, our organization has had NO transmission of COVID within our ensembles. We have now welcomed back all five of our ensembles and continue to maintain no COVID spread!

Silver Lining #2 – Musicianship

One of the biggest silver linings has been the opportunity for our singers to grow as strong, independent musicians. We have always made musicianship and literacy a major component of our choral program, but this year we have been able to closely monitor the growth and development of each singer, giving more time for individual assessment and immediate and transformational feedback. An increase in musicianship has likely helped to foster other outcomes including confidence which is highlighted in the next segment.

Silver Lining #3 – Confidence

From a singer’s perspective: This new arrangement has placed “more responsibility on my part in the ensemble because it comprises fewer people than in the whole choir—more ownership! Not many people I can rely on now, so I have to be stronger as a singer.” – Deanna

Silver Lining #4 – Commitment

While the majority of our singers (78 out of 86 singers) attend in-person rehearsal, there are some singers who, because of health issues, chose to attend rehearsal via zoom. These singers have pledged their commitment to their ensemble. They take their role in the ensemble seriously, always finding a quiet place in their home where they can fully engage in the rehearsal.

From a parent’s perspective: This serves as “a reminder of why my children are in CCC. Not for the uniforms. Not for the performances (although we do miss them). Not for the trips (although the disappointment still stings). They are CCC singers because they love to make music. They love to sing. They love to be surrounded by others who love to sing. Strip everything else away. They show up to sing.” – Molly

Silver Lining #5 – Few to no missed rehearsals

The use of Zoom has made absences from rehearsal virtually disappear. It has provided a way for singers who are ill to still be present during rehearsals. Singers who are traveling log on and participate from their cars, hotel rooms, parks, and so on.

Silver Lining #6 – Camaraderie/Relationships

Because of our smaller ensembles, singers have built relationships and a deeper esprit de corps. They have become more familiar with other members of the ensemble whom they might not have known very well. Their friend “bubble” has grown to include everyone in their ensemble.

From a singer’s perspective: “Since there are fewer people in each ensemble, we talk to everyone and we have become a lot closer. In the full choir everyone had their established friends and would not talk much to those outside of their circle.” – Izzy

Silver Lining #7 – Everyone Matters

It is hard for singers to imagine that 1 voice in a choir of 86 singers matters. In our smaller ensembles the singers are realizing the importance of every voice. They are realizing that a missing voice creates a different sounding ensemble. A singer who does not listen and strive to match unified vowels creates difficulty in tuning, and a lack of focus or concentration creates a frustrating and unproductive rehearsal for all.

In closing, I would like to highlight two poignant comments, the first from a singer and the second from a parent.

“This choir has taught me that even through tough times, music is the uniting force that uplifts the world. It definitely uplifts my mood with every rehearsal.” – Rhea

“We know that music has the power to heal, and I believe the students really got to experience that in depth this year through Columbus Children’s Choir. While so many students struggled being out of school or being in school only part time most of the year, thanks to your hard work our singers were still able to join together to create beautiful music. Although choir looked a bit different this year, it has allowed some sense of normalcy. The choir has provided something for the singers to look forward to every week. The rehearsals have allowed the children time to take a break from the bleakness of the past year; while in rehearsal their focus is solely on making music, allowing an escape from any depression or stress caused by the uncertainty brought on by the pandemic. It has been a wonderful time for them to feel free, alive, and productive. I am confident that the Columbus Children’s Choir has saved more than one life this year.” – Annette

While we all look to a future where we can freely sing, rehearse, and perform again, it is important to not dwell on the negative, but try and find the “silver lining” in all that we do for our singers. The Columbus Children’s Choir will continue to sing . . . we will continue to share our human spirit through our voices and our music as it is vitally important to our society and to the well-being of humanity.

Throughout her forty-year career, Jeanne Wohlgamuth has been a tireless advocate for children at all levels from kindergarten through collegiate. She recently retired from Dublin Jerome High School as Director of Choirs and Performing Arts Chair and currently serves as the Artistic Director of the Columbus Children’s Choir where she oversees the artistic vision of the organization and directs New World Singers, the top performing ensemble, and Una Voce. She was just elected president-elect of the Ohio Choral Directors Association.

2020-2021: The Year That Was Not Lost

May 12, 2021 by From Our Readers Leave a Comment

By William O. Baker

On a December Friday evening in Basehor, Kansas, as the sounds of organ, bells, choir, and audience rose in the ancient carol, O Come All Ye Faithful, there was another sound, an outpouring of sobs from the gathered, but masked and distanced assembly.

The year was 2020. The occasion was the annual candlelight and carols concert of The William Baker Festival Singers. To accommodate strict COVID safety protocols, performing singers were masked and distanced six feet apart. The processional carol did not come through the audience, rather singers entered from the sides. Instrumentalists performed behind a clear plexiglass screen. The audience was limited to 25% capacity of the church nave, also masked and distanced between family units.

Still, on the week before Christmas in a year of terrible fear and loss, the story of hope and joy was told in the singing of carols punctuated by narrations and interspersed by timeless choral classics, just as it has been done since the first Festival Singers candlelight concert in Atlanta in 1985.

The year that has just passed has been the most devastating in my career of over four decades. Most choral groups have been forced to remain silent, either by government dictates or by the unavailability of rehearsal and concert venues. I’ve shared many conversations with colleagues who would have continued their work, but the decision was taken out of their hands. There are many others, considering the age of members and sensitive to the concerns of their particular community, who made the difficult decision to suspend activities.

The Choral Foundation has sponsored The New South Festival Singers in Atlanta since 1985, and The William Baker Festival Singers in Kansas City since 1998. When shutdowns were announced in March 2020, our organization suspended rehearsals and canceled remaining March-May concerts. It was heartbreaking.

In early June, with the full support of our board of trustees and in consultation with our board of advisors, the Choral Foundation staff held a retreat to consider the direction we would take. As a part of the retreat we involved health professionals that participate in our ensembles.

The result of our conversation was a commitment to resume rehearsals and in-person performances as quickly and as safely as possible. Considering the emotional and spiritual devastation of shutdowns, isolation, and broken relationships, we affirmed that the work of artists and musicians, particularly choral musicians was as essential to the pandemic of soul and spirit as the work of responders and researchers is essential to the pandemic of the virus.

As much as we admire and champion the creative work of colleagues who have turned to technology, we made the decision to invest our funds and energies to find ways to continue live music making before in-person audiences. Our belief then, as now, is that COVID-19 is a serious crisis, but a temporary crisis.

We began holding “window concerts” in June. Five singers were positioned in the five upstairs windows of our offices in Roeland Park, Kansas. The singers were separated by 9 feet and three tall filing cabinets. The audience gathered in lawn chairs in the parking lot below throughout the summer to hear the weekly Sunday evening concerts. As the word spread in the community, more and more listeners gathered each week. The desire for live music was so strong that several dozen listeners sat in the pouring rain to hear one of the window concerts. “The Festival Singers will not be silenced!” became a rallying cry for the window concerts that is shouted even today at the end of every rehearsal.

Regular weekly rehearsals began in the fall in both Atlanta and Kansas City by our auditioned Festival Singers ensembles. Masks were worn by all singers, and 6+ foot spacing was strictly observed. Industrial fans ventilated rehearsal spaces, and we were careful not to remain in any one space longer than 45 minutes. Some rehearsals were held outside as weather permitted.

Public performances began in November as the Festival Singers in Kansas City performed works from Hildegard von Bingen to Brahms to new compositions by our resident composers. In the course of the 2020-21 season, the Choral Foundation will have performed a dozen public concerts in our constituent cities, premiered five new works, produced and released two new CD recordings, and brought hope to hundreds of listeners.

In March, The William Baker Festival Singers & Chamber Orchestra performed a masterworks concert featuring John Rutter’s Requiem, a work that spoke comfort to many who had experienced fear and loss due to the pandemic. https://youtu.be/XvI9Xc71t_A

In late April, The New South Festival Singers & Chamber Orchestra performed cantatas of Dietrich Buxtehude and J. S. Bach.

The COVID-19 pandemic has been a horrific experience for all of us in the field of choral music. It is my prayer that none of us will ever again experience an event like this. I also pray that the world of choral music will boldly and courageously return to full activities for the summer of 2021 and for the 2021-22 season. Most of all, I pray that choral music will never be taken for granted and will never be silenced again.

The Choral Foundation has two remaining concert performances to culminate this unusual season. If you are close to Kansas City or Atlanta, we humbly invite you to join us and celebrate with us:

Sunday, May 2, 3:00 CDT
The William Baker Festival Singers
Cathedral of the Immaculate Conception, Kansas City, MO
Premiers of new works by Sean Sweeden, Ed Frazier Davis, Samuel Wu and Daniel Sabgzhabaei
Classical Works by Hildegard von Bingen, Johannes Brahms and William Byrd
Early American Hymns & Spirituals, and Gospel Selections

Sunday, May 23, 3:00 EDT
The New South Festival Singers
St. John United Methodist Church, Atlanta, GA
Classical Works of Claudio Monteverdi, F. Melius Christiansen, Kenneth Jennings

Conductor, author, and entrepreneur, William O. Baker is an Atlanta native who has called Kansas City home for over 20 years. Though a church musician for over four decades, Dr. Baker is best known as the founder and director of the semi-professional William Baker Festival Singers. He is also the head of the Choral Foundation (www.ChoralFoundation.org), which has created over a dozen choral ensembles in three states in addition to a broad range of continuing education programs.

When Song Is Silenced: Wistful for a Return to Choral Singing

January 26, 2021 by From Our Readers Leave a Comment

By Peter Severson

Peter Severson encounters a hopeful sign during a socially distanced concert at Red Rocks in Colorado in August.
*Photo: Peter Severson.*

On my first Sunday morning at Princeton, I roused myself from Buyers Hall early enough to get to the Chapel for worship. Some mixture of tradition, habit, and curiosity landed me in a pew near the back. I’d sat in a similar spot for Opening Exercises the week before, awestruck by the sheer size and improbability of the edifice in the middle of campus. Fifteen years on, I don’t remember much about the service except the singing. The Chapel Choir sent sacred music aloft into the soaring stone arches, balm for an anxious freshman soul, and before the singers finished the first anthem, I’d resolved to try out. We sang Aaron Copland’s “The Promise of Living” on my first Sunday as a new member of the bass section — a crisp fall morning for a celebration of the harvest — and four years later, on my last Sunday as a senior and choir president, Steven Sametz’s “I Have Had Singing.”

In the years before and after Princeton, choral singing has brought me gifts beyond counting: community, solace, joy, friendship, peace. I grew up singing in church, following the rich tradition of Lutheran music, and of late had found both sacred and secular ensembles to join in the surprisingly choir-rich Denver area. Friends and I take every opportunity to sing together, too: pop songs in the car, old folk tunes on guitar around the campfire, and all manner of music for weddings, funerals, ordinations, and other occasions of great ceremony in life.

This was the rich tableau that accompanied my life, and the lives of millions of people in the United States and around the world, before the pandemic. Now, choral singing exists largely in a kind of suspended animation, an activity relegated to the very last pages of reopening plans. The very premise of ensemble singing is the collective intake and expulsion of air, the kind that can be described with most etymological accuracy as conspiracy: the act of breathing together. As the global pandemic drags on, it frays not only our nerves but the fabric of community itself. Whether it’s singing in a choir or standing next to someone on the train, we are now led to suspect our neighbor’s very breath. Singing together safely is not possible now, and in my bleaker moments of despair, I can’t help but wonder: Will we ever trust one another enough for it to be possible again?

The pandemic has been an unmitigated fountain of grief, touching virtually every person on Earth. There is the immediate pain of hundreds of thousands of lives lost in the United States alone, along with legions more sickened and chronically impaired. There is, too, the more insidious grief of disconnection: the severing of casual, spontaneous, serendipitous encounters between people. Some of us may have created a “bubble” of a few pared-down contacts with whom to maintain a connection, while others have faced down the pandemic’s isolation largely alone. I can’t help but have deep sympathy for those who clamor for reopening and a “return to normalcy.” On most days, I’m one of them. We are so desperate for connection with one another that we will risk our lives to realize it. The pandemic has put me through the stages of grief a dozen times, cycling from depression, to anger, to bargaining, to acceptance, round again. As I contemplated what to write in my annual Christmas letter, I was tempted to state plainly that 2020 was the worst year of my life. It is a bitter comfort to know I’m not alone in that.

Perhaps it is cosmic irony that the last day my community choir would sing together for the foreseeable future was my birthday. I had gone skiing with a friend that day in early March, and I took care to return to the city in time to clean up and race down to the Presbyterian church where our choir, the Colorado Chorale, rehearsed. We had been planning for a 50th-anniversary gala for the organization in April, and a concert that would bring together past members and conductors to launch us into the future. That evening, there was a little bit of nervous tittering about cases of the novel coronavirus popping up in Colorado, but otherwise, the rehearsal proceeded normally. I sang shoulder to shoulder with the placid confidence that there would be many more Tuesday-night rehearsals ahead.

Our artistic director, however, was evidently troubled. Around the time of our standard mid-rehearsal snack break, he informed us that we’d be heading home early. The executive board needed to meet to discuss the future of the season. We gathered in a circle around the perimeter of the entire room — no small feat for 80 singers — and sang one last anthem together: the old gospel anthem “Unclouded Day.” We sang a song of joy and longing, oblivious to the looming inflection point in history. O they tell me of a home where no storm clouds rise: O they tell me of an unclouded day.

Musical organizations of all kinds came to a screeching halt in March: choirs, symphonies, theaters, operas. It’s part of a broader social and economic impact on the arts, which have mounted up losses in billions of dollars in revenue this year. The Denver metro area is fortunate to have a special tax district to fund cultural arts, which mitigates some of the financial pain. But the social pain is incalculable. All over the world, people have felt the shock of losing access to a cornerstone of human culture. Artistic endeavors are woven into our community fabric, whether we experience them as performers, enthusiasts, or audience members. To be sure, there are slow signs of an emerging comeback: theaters staging plays on golf courses or film festivals converting to all drive-in. Choral singing, however, remains a subjunctive endeavor. Especially as much of the U.S. endures the cold of winter, foreclosing outdoor spaces, it seems unlikely that ensembles can safely gather in person until a reliable vaccine is widely available.

Few gifts are given as freely as the gift of singing. I don’t mean the precise, mellifluous notes of professionals, or even the practiced harmonies of good amateurs. I mean simply the capacity of virtually everyone born to produce sounds beyond speech. Singing can encompass everything from caterwauling in the shower to belting an aria at the Metropolitan Opera. It’s something we do instinctually — children make up goofy songs, drivers hum along to the radio in their cars, the religious sing together in every manner of worship. Singing is a staple of our civic rituals, whether it’s the National Anthem or anthems of protest in the streets.

Amid my own grief and despair, I have also borne witness to small signs of resilience. I have been able to sing a few times with friends who are in my bubble and even to record videos of songs for friends celebrating life milestones. In August, I snagged a ticket to watch the Colorado Symphony’s strings play Mozart, Walker, and Tchaikovsky to a socially distanced crowd of 175 at Red Rocks, an outdoor venue that normally holds close to 10,000 people. And the Colorado Chorale is making a go of biweekly rehearsals on Zoom, which helped us to deliver several recorded pieces for our audience during the holiday season.

In a normal year, the boisterous revelry of Reunions would include a Princeton Chapel Choir Alumni Sing. I didn’t know how fortunate I would be to participate in it during my 10th reunion in the year prior to the pandemic. Nonetheless, the exigencies of virtual Reunions in 2020 brought out the creative determination of the past and present members of the Chapel Choir, who organized a virtual choir to mark the occasion. I dutifully recorded my part, wearing my beer jacket, with a canvas print of the Chapel on my wall in the background. When we gathered over Zoom in late May, our organizers presented the whole choir, alumni and students, with the fruit of our collective efforts: a recording of more than 150 of us singing Stephen Paulus’ achingly beautiful “The Road Home.” (Listen online.) The lyrics speak to the same longing and hope to which all of us are still clinging in some measure, to enduring a grim season in history with forbearance while working toward a day when we will conspire again:

After wind, after rain, when the dark is done,
As I wake from a dream in the gold of day,
Through the air there’s a calling from far away,
There’s a voice I can hear that will lead me home.

I have grieved the absence of my musical community for many months, as all of us have learned what it means to lose the very presence of others around us. Even as we face the long and arduous task of rebuilding a world put asunder by a virus transmitted by breath, we must remember that our breath is also the very spark of life: In breath we speak, we cry out, we protest, we comfort, we celebrate … and we sing.

Peter’s original writing has appeared most recently in Mockingbird, Princeton Alumni Weekly, and TheBillfold. He has been making music professionally from age 12, with significant experience in community song-leading and sacred sounds. His principal instruments are voice, piano, pipe organ, euphonium, and trombone. As a professional director of advocacy, he leads an organization dedicated to fighting hunger and poverty across Colorado. More can be found here: https://www.peterseverson.com/.

This essay originally appeared in the Princeton Alumni Weekly – https://paw.princeton.edu/article/when-song-silenced.

America the Dream: A new “America the Beautiful” inspired by Dr. Martin Luther King, Jr.

January 20, 2021 by From Our Readers 1 Comment

By Steve Schuch

Oh beautiful when children sing,

free from hate and fear.

Now hear their laughter pure and sweet,

young voices ringing clear.

Berklee College of Music students performing “America the Dream.”

Our featured video this week is a performance of “America the Dream” (arr. © 2021 Steve Schuch/Night Heron Music). Scores for the piece are available free for non-commercial use. Visit the AmericaTheDream.org website for those, as well as additional resources and ideas for using the piece in school and community settings.

The Power of Music

Singing was an integral part of the Civil Rights era. Now at a time when our country feels increasingly fractured, group singing can help bring us together. As we listen to each other’s voices, we learn to blend our sound. Songs can also remind us of the dreams we share in common: the promise of a community or nation that is more than any one of us alone.

This past year, for our Dr. Martin Luther King Day celebration, I was selecting music for our children’s choir to perform. I started wondering, what if we had an updated anthem everyone could sing together? A song for all ages, colors, religions, and beliefs. What if we could weave together the opening lines of “America the Beautiful” with Dr. King’s dream for all America?

Evolution of a Song

Looking back, creating “America the Dream” might seem obvious. However, working with an anthem as beloved as “America the Beautiful” and trying to merge it with the vision of Dr. Martin Luther King’s “I Have a Dream” speech—that is not so easy. It’s akin to the hurdles updating traditional hymns and liturgy to be more inclusive. One challenge is finding the balance in language and tone between the old and the new. Another challenge is honoring a familiar melody while making it fresh, especially for more advanced versions. Hence the new music for the intro and bridge sections.

For a song that became so popular, it’s remarkable that “America the Beautiful” does not have an actual chorus. This might explain why many people end up just repeating the first verse a couple of times. In recent years, the later verses are rarely sung. Language changes with time. So does awareness of inclusion and diversity.

In working on a chorus for “America the Dream,” my co-writer Mike Bradley and I sought input from other songwriters, poets, school teachers, and choir directors across the country. If possible, we wanted to find just the right language, at a time people are quick to judge and divide over even well-intentioned phrases. In the end, we opted for a “primary chorus” using the phrase “God grant that we may see… true brotherhood and sisterhood.” This feels closer to the older language that both Katharine Lee Bates and Dr. King would have recognized. The scores also offer a more modern sounding alternate chorus that some groups might prefer.

Using This Song in the Classroom

“America the Dream” can serve as a springboard for further classroom discussion, creative writing, books, and related art projects—maybe even a school-wide mural! Consider creating a rainbow arc of handprints, and each week displaying different students’ “wishes and dreams” underneath the arc.

Here are a few ideas for group discussion, or individual projects.

What is your (my or our) dream for America?
If you had a pen pal in another country who asked you what it means to be an American, what would you tell them?
If you could make a wish for your community, or school, or country, what would it be? What’s another verse we could write for this song?

For more ideas, see “Lyrics in the Classroom” in the Resources section of our website (AmericaTheDream.org). You’ll also find more history behind the original “America the Beautiful,” along with suggested books.

Sharing the Dream

Many hands have contributed to this project. Thanks to all of them and for your interest too. Besides Martin Luther King Day and Black History month, “America the Dream” is ideal for any concert or time when an anthem of unity is desired. All the scores include a separate page of just lyrics, making it easy to include them in a program, or project them on a large screen. Consider inviting an audience to join in singing the chorus!

Steve Schuch has delighted audiences of all ages across the U.S. and Europe. Classically trained on violin, he is an award-winning composer, singer/songwriter, author, and storyteller. Credits include a Grammy nomination, PBS soundtracks, and a Parents’ Choice Gold Award for his children’s recording, Trees of Life. His musical story, A Symphony of Whales, received five national book awards and was featured on National Public Radio’s “Performance Today.” Steve first fell in love with whales while studying biology and music at Oberlin College. A former Audubon naturalist and Peace Corps volunteer, he lives with his wife and various creatures in the wilds of New Hampshire.

Menopause Changes Women’s Singing Voices – What We Know Now

December 30, 2020 by From Our Readers Leave a Comment

By Nancy Bos, Cate Frazier-Neely, and Joanne Bozeman

Millions of women around the world are on the same path, and we no longer need to walk that path alone. Working together gives us a better understanding of the vocal issues women might face and how to minimize them.

Singing during the years around menopause can bring unforeseen challenges for some women. To Elaine, a 56 year old professional singer and voice teacher, her voice felt like a mystery for the last few years. Her vibrato was wider than it used to be, her usual songs didn’t feel good anymore, and her flexibility and agility had decreased. On top of that the vocal transition, or break, between her high and low ranges was difficult to navigate. She was frustrated and sad, not knowing if she would ever enjoy singing again. “I couldn’t figure out what I was doing wrong. Plus, I felt I was losing my vocal identity.”

Like other women, she wondered if she was good enough to sing performances anymore. The burden of self-doubt and anxiety impacted everything she sang. There was more going on as well. “During perimenopause, I experienced horrible night sweats which meant very poor sleep. I am still not sleeping well and rarely sleep through the night.”

It is essential to help every woman understand she is not alone. Until recently, voice changes from menopause and aging have been almost unmentionable. If a woman talked about her challenges, especially if she was a professional singer, it could have meant decreased opportunities and even the end of her career. Most women have stayed silent, coping as best as they can, assuming that they have to deal with their baffling voice issues by themselves. But that is not the case. Millions of women around the world are on the same path, and we no longer need to walk that path alone. Working together gives us a better understanding of the vocal issues women might face and how to minimize them.

So how exactly does menopause and the changing hormonal landscape that women experience impact the voice?

Estrogen is a major player, vocally speaking. Estrogen:

causes suppleness of the vocal folds’ upper surface (the mucosal layer)
supports the glands that produce the thin mucus that coats the surface of the vocal folds
maintains tone and bulk of skeletal muscles, including the deepest layer of the vocal folds, which produce lower pitches, and the tiny muscles that produce higher pitches
blocks the effects of androgens (testosterone), preventing lowering and thickening of the voice
increases oxygenation to the folds by improving permeability of the blood vessels and capillaries

Progesterone has positive and negative effects on singing. Progesterone:

balances effects of estrogen throughout the body
encourages the surface of the mucous membrane of the folds to slough off
causes decreased and thickened secretions of the outer layer of the vocal folds, resulting in drier vocal folds
decreases permeability of the fold capillaries, leading to swollen vocal folds
may be involved in neuromuscular activity, supporting quick responsiveness of the laryngeal muscles

Androgens, including testosterone, are naturally secreted in women’s bodies. Androgens can:

cause the vocal folds to thicken, which lowers pitch
increase dryness of the vocal folds due to changes in the glands that secrete fluids near the vocal folds

During the menopausal transition, which can start ten years before menopause and last for several more years after, there will be times when hormones fluctuate substantially from day to day. The voice, unfortunately, can seem unreliable and unpredictable because of the hormone roller coaster. At certain phases of the hormonal journey, many women need empathy and skilled assistance. Support comes through respecting what singers are experiencing, assisting with solutions as needed, and encouraging them to continue singing. Knowing they are not alone can be an enormous relief. Voice is intimately linked with identity. When a woman’s voice is not functioning as expected, it can throw her life off balance. We encourage women to listen to their bodies and hear what their bodies are telling them through their symptoms.

Fortunately, not all women experience serious voice problems in the menopausal transition. It’s not our aim as researchers and authors to create only negative expectations. However, saying nothing or highlighting only positive experiences is not helpful for the women who do have trouble. For those with no major vocal issues during these years, learning about the hormonal shifts versus the effects of aging can also be beneficial and empowering.

But how do we know when we need help to sort out our voices? Most adults have an idea of when they don’t feel well and need to see a primary care doctor, go to a clinic, or to the emergency room. We generally know the typical symptoms of something that needs immediate attention, or when our condition warrants a “wait and see” approach.

Decisions about voice care, however, may not be so obvious to us. But, if we learn the basic symptoms, we’ll have a better idea about whether a voice condition needs immediate care or whether we can wait and see if the voice gets better over time.

Singing voice lessons can help a woman sort out vocal issues. The therapeutic aspects of voice lessons and the community of a choir can make a world of difference for a singer. Look for singing teachers and choral directors who welcome midlife and older female singers with open arms. Keep in mind, licensing and certification are not required to be a voice teacher or choir director. There are no guarantees of quality, regardless of experience and training. Ideally, choir directors or singing teachers should be able to help a singer explore vocal issues and refer to other appropriate voice specialists when necessary.

Another valuable resource for women who are sorting out voice issues are singing voice qualified speech-language pathologists. These specialists can help a woman re-balance her voice, deal with technical frustrations that may have developed, and establish appropriate singing habits. There is a misconception that these clinicians only work with injured voices, when actually, they are well-equipped to help singers through a vocal rough patch with targeted voice therapy and singing technique. Many of these speech-language pathologists, or SLPs, are affiliated with voice clinics or have private practices and voice studios.

Because of a variety of factors, many women have few options for help. But if there are multiple possibilities, seek out a person with patience, compassion, healthy personal boundaries, flexibility, humor, and the ability to inspire.

The good news is that because of rapid advances in communication and health sciences, women all over the world are now able to find help to overcome these vocal issues and the emotional challenges throughout this potentially disruptive time.

Nancy Bos, Cate Frazier-Neely, and Joanne Bozeman are the authors of the book and audiobook Singing Through Change: Women’s Voices in Midlife, Menopause, and Beyond. Learn more at singingthroughchange.com.