FOUNDATION Rn

FOUNDATION

Miyahara

Submitted to

Faculty of the College of Arts and Sciences

of American University

Partial Fulfillment of

the Requirement for the Degree of

Master of Arts

in Performing Arts: Arts Management

Robert Goler

2004

rn""''"'"">w• University

Washffigton, D. C. 20016

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2004

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. LJ'JA"-'-''-' BALAl'\TCHIN"E

F01JNDATION

Nobuko Miyahara

ABSTRACT

The hypothesis of this thesis is that choreographic works can be preserved in the

twenty-first century by utilizing copyright protection and technological methodologies

developed by the George Balanchine Trust and the George Balanchine Foundation. This

study vvill provide insight into the many ways that Balanchine's works are being

preserved and how these organizations have functioned successfully. In addition, this

thesis examines prospective future issues related to digital networking technologies. By

analyzing these issues, this thesis hopes to provide some practical approaches to future

program development for these two organizations.

This is the first study to examine the important contributions the Balanchine

Foundation and the Balanchine Trust have made to the field of dance preservation with

works on technology and copyright issues. This study will provide insight into

many ways that Balanchine's work is being preserved, and how these organizations have

functioned successfully.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. I to extend a

thesis committee. guided and encouraged me during completion

project. Her insightful advice strong critical thinking were invaluable guiding

me through the research and writing of this thesis.

I would also like to thank other committee members, Dr. Brett Ashley Cravvford

and Professor Robert Golar. support was important not only for this project, but

also for my graduate coursework in the Arts Management Program at American

University.

I would like to thank Dr. Nancy Remick Reynolds, Program Director of the

George Balanchine Foundation. Dr. Reynolds graciously allowed me to participate a

recording session for The George Balanchine Video Archives. This

experience helped me in my research on the Balanchine Foundation.

I would like to thank Alyson Brokenshire, Dana R. Frye, Kopolow,

and Matthew Newton, who proofread this thesis. Matthew, especially, did not help

me to improve my v11riting also gave me helpful suggestions.

is roommate and has been best

friend since I came to Washington D.C. With her great sense of humor, Ingrid created a

pleasant living environment made V¥Titing this thesis much easier. She even

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. nmomlcea me to her .,.,.""'"U''"

'"""n''~' to

mea

l was

diverse legal related to Internet

.,,...,,.. 1...,,),:) passion for subject matter, sparked my interest in uui;;;u1v1.1•ua1 .,.,,,,.,~.,...,,.rl"

to .....,'""""u "'' ..., .. .,,,,..,, ...... ~ environment.

I also like extend my gratitude to Tetsuo Kogure. He was

first person who showed me depth of art in an forms, and he also

encouraged me to pursue my graduate education in arts management His as an

architectural scholar preserving cultural heritage was a source of deep mspmatu:m to

me. I the soul.

I would specially to thank my parents and my grandmother.

"'·"'""""".., me to

of my counsel, which is on more

than forty

graduate degree the

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission...... ll

ACKNOWLEDGMENTS ......

Chapter

1. Th.1TRODUCTION ...... l

BALANCHINE: A WILL AND COPYRIGHT ISSUES ...... 4

3. THE GEORGE BALANCHINE FOUNDATION ...... 10

THE GEORGE BALANCHINE ...... 3 l

5. PRESERVATION NEW TECHNOLOGY..... 55

6. CONCLUSION: DANCE PRESERVATION 69

BIBLIOGRAPHY ...... 76

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 1

The area of dance preservation has become a focus of interest for many the

dance world during the last three decades. It is dear that great dance works are danger

of disappearing if not properly preserved. The developments of new technologies and

advances :in dance notation have made it more possible to make choreography part of our

recorded history. Legal protection for choreographic works gives rights to copyright

owners control the performance standards of their intellectual properties even after a

choreographer's death.

This study focuses on the George Balanchine Foundation and the George

Balanchine Trust created by the legatees of the great twentieth century choreographer

George Balanchine. These organizations are the first whose missions are to preserve the

work of an individual choreographer. The questions that arise as to how to do best

will be through analysis of how above-mentioned elements such as technology

This paper also discusses to administer the Balanch:ine's legacy in the digital

out

book Introduction to l'vfanaging Digital Assets: Options for Cultural and Educational

Organizations, '"'"[ c]ultural and educational organizations recognized that their current

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are no

area and

facing the Balanchine practical

approaches to technology issues these two organizations.

This is the first study that examines the important contributions that the

Balanchine Foundation and the Trust have made to the field of dance preservation and the

issues related to digital technologies and network systems terms of choreography. This

be a very significant thesis for many groups and individuals who are concerned '\.\i.th

how best to preserve the rich heritage of dance for generations to come. The following

parties will benefit from the findings of this study: dance scholars, dance students,

choreographers, performers, cultural historians, dance organizations, libraries, dance

departments, performing departments, arts managers, dance critics and performing

arts critics.

This study is divided into Chapter 1 is the introduction. Chapter 2

examines how choreographic works were identified as a subject matter of copyright

protection, and how George Balanchine left his intellectual properties - ballets - to his

legatees. Chapter 3 discusses the George Balanchine Foundation and its preservation and

documentation programs which use print publications, video recordings, multimedia

technologies. These programs, listed in chronological order, insight into the

1 Diane M. Zorich, Introduction to !vfanaging Digital Assets: for Educational (California: The J. Paul Getty Trust, 1999), 2.

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Balanchine's .....,J"'"'I·'"'""' 5 prospective issues

,,...,,..,,,'2P11'u~t1nn retattea to digital technologies. latest projects Trust

a conclusion, Chimtt~r 6 describes

additional key factors ..,_u..,,..n.. be addressed for future development of the

,..,, ... ,...... ,,,... Foundation and the

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George (1904-1983) was one of the foremost choreographers

nventieth century. St Petersburg, he the Imperial Theater School in 1913,

graduated with honors in 1921, and subsequently joined the corps de ballet of the

Imperial Ballet Company. 1920, he created his first then in 1923,

started his own dance troupe, The Young Ballet, and produced several new works. Seen

as subversive by the communists, it became difficult for his company to continue, and

Balanchine left Russia to work with the Ballets Russes in Europe. While working for this

company, Serge Diaghilev as Director, Balanchine produced more ten ballets,

including Apollon 1Vfusagete ( 1928) and Prodigal Son ( 1929).

After the death of Diaghilev in 1929, Balanchine choreographed an offshoot

of the Ballet Russes, the Ballet Russes de Monte Carlo, but in 1933 left this dance troupe

to a new company, Les Ballets 1933. Several months

was by the American writer, arts patron, and impresario Lincoln Kirstein, to come

to America. Balanchine insisted on starting a school before a company, and in

Kirstein and Balanchine The School of American Ballet Following this,

Balanchine and Kirstein were involved creating several ballet companies. In 1935, they

established the Arnerican Ballet as a resident company at the Metropolitan Opera, and

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founded the

which a months.

1964, Balanchine

were to have companym

York City Ballet (NYCB).2

Balanchine produced over works and was concerned very early about

protecting his work by copyright Before the U.S. Copyright of 1976, the law

regarding choreographic copyright was largely undefined. This act established

choreography as subject to copyright protection. Before that, choreography had to be

registered in the U.S. Copyright Office as dramatic work in order to be copyrighted. 3 In

1953, Balanchine tried to register Symphony in C, using a notation score, but this was not

accepted. The Copyright Office accepted Balanchine's second attempt to register

Symphony in C when he submitted it in as a motion picture 1961. 4 In 1973,

2 Lynn Garafola, "Dance for a City: Fifty Years of the New City Ballet," in Dance For a F{fty Years ofthe New City Ballet, ed. Lynn Garafola Eric Forner (New York: Columbia University Press, 1999) 25

3 Under Copyright Act, chorographic works were :not subject to ""'""'u""'" protection. If choreographers wanted to register their works as dramatic works, their pieces had to have stories. However, one of the remarkable characteristics ofBalandrine's ballets was their lack of stories; therefore, Balanchine could not register his works as dramatic works. Nicholas Arcomano, _.Choreography and Copyright, Part One," Dance Magazine, April 1980, 58-59.

4 Cheryl Swack, "'The Balanchine Trust: Dancing Through the Steps of Two-Park Licensing," Villanova Sports and Entertainment Law Journal 265 (1999); As Swack pointed "[b]y the early 1960's, the Copyright Office began advocating the extension of copyright protection to abstract choreography" and Balanchine's works were accepted by the Copyright Office before 1976. In 1961, the U.S. Copyright Office required Congress to extend cop)'Tight law to cover abstract choreographic works. Register of Copyrights, g7th Congress, Session, Report on General Revision ofthe US. Copyright Lall' (Washington D.C.: Government Printing Office, 1961) 150; quoted in Ibid.

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to register Piano

works,

order to reimorce

According to the Copyright Office, "Choreob'Taphy is composition arrangement

dance movements and patterns us1.:ra1ly intended to be accompanied by music ... To be

protected by copyright, . . . choreography need not tell a story or be presented before an

audience. "5 This opened the door for Balanchine to copyright his work, and also to devise

a will that would leave these works to specific people or groups.

In 1978, Balanchine composed a will and his lawyer took into account the fact

that choreography was heritable property under the 1976 Act. According to this act,

choreograph.er had the following five basic rights:

1) The right to reproduce the work in copies ... 2) The right to prepare derivative works based upon the choreographic work ... 3) The right to distribute copies (such as notation, film, and so forth) of the dance work to public by sale or other transfer of ovroership, or by

5 U.S. Copyright Office, Dramatic Works: & Chorography, In Answer to Your Query (Washington D.C.: Government Printing Office, 1996); quoted in Swack, "The Balanchine Trust" (1999)

6 Nicholas Aroomano, "Choreography and Copyright, Part Three," Dance A1agazine, 1980, 62; and Copyright Law States ofAmerica and Related Laws Contained 17 ofthe United Code, sec. 106 (2003).

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a can be transferred a creator to or her Under

Act, creator and

their death. 7 The states

work bean work a tangible

medium

not considered determining the copyrightability of a work," the Act states that the

has to be created by the choreographer's ovvn skills, labor or judgment.9 In terms

having the work fixed a tangible medium of expression, the Copyright Office was

allowed to accept \Witten dance notation or recordings. 10

Balanchine named fourteen individuals as legatees in his for 113 of his

ballets. 11 He did not name the NYCB or the SAB as legatees. It is possible that

7 The Sonny Bono Copyright Term Extension Act in 1998 added twenty years to the copyright term the works created on and after Jamrary l, 1978. Copyright Law, preface and sec. 302-304.

8 Cheryl Swack, "The Balanchine Trust Dancing Through the Steps of Two-Park Licensing," Sports and Entertainment Law Journal 265 (1999); and Copyright Law, sec. 102(a).

9 Thid.

w Thid.

11 Barbara Horgan, Balanchine's personal secretary; Karin von Aroldingen, a Balanchine principal dancer; and Tanaquil Le Clercq, one of Balanchine's four wives became the three principal beneficiaries. About 70 percent of Balanchine's legacy was bequeathed ro them in his will. Horgan and von Aroldingen shared all foreign royalties except twenty-one ballets, media royalties except twenty-five pieces, all royalties for those pieces which he did not s.pecify in his will, and other unspecified assets. Le Clercq received American performance royalty rights for eighty-five ballets including Apollo, The Nutcracker, Square Dance, Agon, and others. Aroldingen also received exclusive rights for six ballets, Libeslieder Walzer, Serenade, Stravinsky Violin Concerto, Variations Pour une Porte et un Soupir, Vienna Waltzes, and Kammermusik No. 2. Horgan was given exclusive rights to Brahms-Schoenberg Eleven additional legatees received rights to the following works: Lincoln Kirstein, impresario, received Concerto Barocco, '""'""'''·' Betty Cage, company manager, in C; Edward Bigelow, a former

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My ovvn sense is at New York City been involved least half of them in which he had been the central :figure... for Balanchine, the company and mattered because enabled him to do. They were his laboratory. and his showcase, too, but never his memorial. 13

Though Balanchine left works to fourteen individuals, he did not identify how

they should use his works. As a result, several of his major legatees decided to establish

two organizations that handle Balanchine's choreographic legacy after his death.

1983 the George Balanchine Foundation was created, and in 1987 the George

Balanchine Trust was created. Wnile both organizations have the broad goal of

handles copyright issues the

dancer and of the NYCB, former principal dancer and cho.roograpb.er of the Adams, NYCB principal dmcer, A 1v11ucu.wrm't~,,. u""'"'u' of a former principal dancer, Sylvia Kay Mazzo, NYCB principal rumcer. principal to Tnv'fl-v;tciln ft''n"""'"'

life mNYCB. Barna.rd Taper, (New York: Times Books, 1984;

12 Bamard "Balanchine's 30.

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issues choreographic

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GEORGE

The George Balanchine months after

Balanchine's death. Foundation was set up as a non-profit educational organization

under section 501(c)(3) of the U.S. Internal Revenue Code. The mission of the

organization is to "utilize the Balanchine legacy to advance the development of dance

and its allied arts in the United States throughout the world on behalf of the dance

community at large." 14

The Foundation was established by two people who had been associated with the

NYCB and Balanchine for many years. One was Barbara Horgan, who began working for

the NYCB in 1953, and eventually became Balanchine's personal assistant 15 The other

was Karin von Aroldingen who became a principal dancer with the NYCB in 1972, and

was a very dose personal friend ofBalanchine. 16 These two founders were nominated as

principal legatees in Balanchine's

14 George Balanchine Foundation, Foundation Projects [website] (New York: the George Balanchine Foundation, 2002, accessed 6 September 2003); available http://bahmchine.org/02/index.html; Internet

15 While an acting student at Columbia University, Horgan was recruited by NYCB Company Manager Betty Cage as a secretary. Once Horgan decided to leave the NYCB, Balanchine asked to become his personal assistant 1962. Horgan was nominated as executor of Balanchine's legacy in his Taper, Balanchine, 413.

16 Karin von Aroldingenjoined the NYCB in She was born Germany

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von

seven preservation projects: (

Carlo, (6)

Each work be discussed terms of its contribution to scholarship related to

the Balanchine legacy as well as the field of dance preservation in general. These works

were published various formats, including print publications, video recordings, and

digital multi-media devices.

(1) Choreography by George Balanchine: A Catalogue o{Works

The first project was initiated in 1983, the same year the Foundation was

established, and the result was a print publication entitled Choreography by George

Balanchine: A Catalogue ofWorks (Balanchine Catalogue). This work was the first

and joined the Frankfurt Ballet where she performed Balmichine's work, The Seven Deadly Sins, the first time. After this performance, she had a chance to have an audition with Balanchine. At first, Balanchine did not take her into the NYCB. But two months later, von Aroldingen was accepted as a member of the corps de ballet. subsequently joined the NYCB in 1962 and became a principal dancer in 1972. Since then, she has performed many principal roles Balanchine's pieces, including the Stravinsky Concerto, Prodigal Son, Serenade, Piano and Liebeslieder Walzer, Who Cares?, Scherzo a Russe, une Porte et un Soupir (pas de deux), Vienna No.2, and Schumann's premiere perfonrum.ces. In general, Balanchine discouraged his female dancers from having children. However, von Aroldingen had a baby and she danced even while she was pregnant and never missed any seasons. Her passion for dance and her physical stamina during her pregnancy amazed Balmichine. He became a dose friend the von Aroldingen family. Karin von Aroldingen, "Karin von Aroldingen," in I Remember Balanchine, ed, Francis Mason (New York: Bantam Doubleday Dell Publishing Group, Inc., 1991), 495-503.

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of artists in the fields of music

published in dance.

preserving Balanchine• s but was also a new model of scholarship field of

Lincoln Kirstein noted the preface of Balanchine Catalogue, "A printed listing

works of George Balanchine

works of choreographer composer share many qualities."18 This book

the premieres of Balanchine's works, including titles, place and

date, as well as nmnes dancers costume and stage designers involved.

resmgmg;s. performance notes,

commentaries are included for each work.

tenns of methodology, research included '"archival study as well as

correspondence interviews associates and dancers United States, Canada,

17 Choreography ed. Leslie George Katz, LaSalle, and ,...,mru""'

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Lassalle,

legatees were

the Eakins Press Foundation, the Ford Foundation, the Lassalle Fund, and the National

Endowment for the Arts made this project possible. 20

(2) The Balanchine Essays

Second project was started 1983: The Balanchine Essays. This was the first

video recording project. The Foundation recorded over nine hours of discussions and

lectures by Merrill Ashley and Suki Schorer, both former NYCB principal dancers, about

the Balanchine Technique® and the Balanchine Style®.21 According to Horgan, the main

purpose of the project was "to preserve and document what they had learned from

Balanchine to pass on those fine points of technique that specifically enabled them to

perform better."22 The director was Merrill Brockway, who worked \vith Balanchine in

19 Ibid. 15.

21 The tenns ".Bahmchlne Technique®" and "Balanchine Styles®" are registered trademarks at the U.S. Patent and Trademark Office by the George .Balanchlne Trust. For a detailed discussion see note 115 below. Barnard Taper, "Choreographfilg the Future," Ballet Review, fall 1995, 27.

22 TI1e George Bafanchlne Fmmdation, The George Balanchine Foundation: 1994-1996 (New Y o:rk: George .Balanchine Foundation, 1996)

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. television discussions were

had to

were provided to in 1

Nonesuch Records, a division Time Warner, took charge of distribution.

example of the contents can be seen by analyzing the video Arabesque. In

Arabesque, Schorer began the session with the remark that, ""Mr. Balanchine took the

established arabesque and made it longer, stronger, and bigger. "24 Ashley

demonstrated the first arabesque with students from the School of American Ballet.

Schorer made additional comments and corrected students' faults. Ashley and Schorer

also analyzed Balanchine's arabesques by explaining how his technique could make

dancers perform more sharply, quickly, and elegantly. The same process was apphed

repeatedly for other arabesques. the last half of the tape, Ashley and Schorer showed

examples of the arabesques as performed in actual Balanchine ballets such as The

Nutcracker, Variations,

Serenade, Symphony in and The Temperaments. :tv:farian Horosko remarked

Dance materials contained these videos do not comprise a

methodology, but represent Balanchine's aesthetic and choreographic preferences."25

23 lbid.

24 Merrill Ashley and Suki Schorer, The Balanchine Essays: Arabesque, prod. the George Balanchine Foundation, Inc. ru:id Tatge/Lasseur P:mductions, dir. Merrill Brockway. 45 mi.~., New York: Vision Entertainment, 1994, videocassette.

25 Maria Horosko, "The Balanchine Legacy," Dance lvfagazine, December 1995, 90.

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Franklin, a Balanchine dancer

is purely

welcoIJnea by scholars

JVfindy Aloff commented ""The Balanchine are one of the

most important to Balanchine legacy; Arabesque what may be

crystallizing point of Balanchine's ideas on the step:m Joan Acocella wrote

Village Voice; "This show is the clearest demonstration I have ever seen of what makes

Balanchine's style different from other styles of ballet, and anyone who wants to know

why people make a fuss over Balanchine should get a copy of the tape. "28

(3) The George Balanchine Foundation Video Archives

The Foundation's second video project began 1994 and is ongoing in 2004. It

is entitled The George Balanchine Foundation Video Archives and contains two

components: The Archive ofLost Choreography and The Interpreters Archive. During

the planning stage of this project, the Foundation began to explore the use of ne\v and

different technologies for dance preservation, a development that be discussed after

project is described.

In Video Archives project, the goal was to capture the ·way fonner Balanchine

dancers coach young artists based on hand experiences ms [Balanchine's]

26 Ibid., 9L

27 The George Balanchine Foundation, 1994-1996.

28 Taper, «Choreographing Future," 29.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. aim was serve as a for

handing

,,30 the first Video

Choreography, was to videotape Balanchine works were no longer

performed. of the project, goal was to

record works that were performed, but whose earlier versions were different from

current productions of the same pieces.

From 1994 to 2002, Foundation released eight tapes in the Lost Choreography

series. These videotapes are now

available in fifty-two libraries and educational institutions worldwide. The Dance

Heritage Coalition, housed at the Library of Congress and dedicated to dance

preservation, is in charge of distribution. 31

29 Nancy Reynolds, "Finding Lost Balanchine," Ballet Review, winter 1994, 5.

30 The George Balanchine Foundation, George Balanchine Foundation Video Archives, [website] (New York: the George Balanchine Foundation, 2002, accessed 6 September 2003); available from http://balm:ichine.org/03/gbfvidooarchlves.httnl; Internet

31 Foundation 1997-99; The Dance Heritage Coalition (DHC) was founded in in order to solve various problems ooncerning dance preservation, which was indicated in a report, Images ofAmerican Dance: Documenting and Preserving a Cultural Heritage conducted by the National Endowment the Arts Q'-l"'EA) and Andrew W. Mellon Foundation. The report said, "major archlval institutions have cataloging backlogs of two and three years more] ... irreplaceable material is daily discarded because the general public remains unaware of its hlstorical and artistic significance; and ... there are no orgaillzed channels by which to retrieve information." Cailieiine J. Johnson, "Access," Securing Dance Heritage: in Documentation and Preservation (Washington D.C.: Council on Library and Information Resources, 1999), 19. The DHC is made up of staffs from the Harvard Theatre Collection, the Library of Congress, the New York Public Library Dance Coalition, and the Sm Francisco Performing Arts Library. The National Endowment for Hrunanities (NEH) donated $936,000; the Foundation,, $300,000. Joan Freese, "Dance Preservation: from the

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. the

to the Fooodation's

securities. 35 the

DanceView, winter 1994-95, 13. mission of the coalition was "to make accessible, enhance, augment, and preserve the materials that document the artistic acoomplishments dance of past, present, and furure." Allegra Fuller Snyder, '"'Documentation.," Our Dance Heritage: Issues in Documentation and Preservation ofDance, (Washington D.C.: Council on Library and Information Resources), 13. research of the DHC indicated not oruy the significance of storage conditions but also addressed importance of quality of recordings and accessibilities. Dance Heritage [book on-line] (Washington Dance Heritage Coalition, accessed 3 June 2003); available from http://www.danceheritage.org/video.b.tin; .lnt~me:t

32 This money originally cam.e to Reynolds m:u:n:m~r foundation belonging to her father, Donald W. Reynolds. Joseph "Reynolds Endows Fom:u:lati.ou," Ma1f(az·1ru;, De-eember 1994, 20.

33 Reynolds,

Balanchine f mmdatlon., :financial statements; Smee revenues were un- resmctoo mcome, it oowd not specify this nrn.,,.,,.'t interest of the Nmi.c-y Remick however, the following nmnbers depict image of spending of the Foundation. nmnbers from 1998 to 2001, 72% went to pmgram.s; 25o/o, management; 4%, fundraising, of revenue cmn.e l 8.8%, interest; George Balanchine formdation, "Form 990: Return of Organization Exem.pt From mc<:>me Tax," (1998); The Balanchine "Form 990: Return of Organization Exem.pt From Income " (1999); Balanchine Foundation, "'Form 990: Return Organization Income The George Fotmdation., "Fo1m 990: Exempt Income Tax," (2001).

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. as of the

Reynolds was

quality recordings

that recoding tapes would last as as During the 1980s, important issues

were raised concerning the durability of video archives of choreographic works. The

recording tapes produced during this time did last more than ten years particularly

because most of them were not stored in the proper archival conditions. 37 During the

1980s and 1990s, organizations such as Preserve Inc. (1989), DHC (1992), and

National Initiative to Preserve America's Dance (NIPAD) (1993) were established to

improve methods of preserving dance video archives. 38 1993, Dance Theater

36 The George Balanchine Foundation, National Endowment for The Arts Announces $50,000lvfatchingGrant to The George Balanchine Foundation, [website] (New York: the Goorge Balanchine Foundation, 2002, accessed 6 September 2003); available from http://balanchine.org/05/archive/2003neahttnl; Internet.; SAT was launched 1998 by the White House .Millemtlwn Council, National Park Service, National Trust for Historic Preservation, National Endowment for the Humanities, Institute of Museum and Library Services, and the NEA. .. the NEA funded ... to nonprofit orgarrizations for the pn.~servation or conservation of nationally collections of cultural artifacts - such as historical documents, of art, maps, and journals - that the history and culture of the United States." The National Endo'Wment for the Arts, 2002 (Washington D.C.: the National Endowment for Arts, 2003), 38.

37 Mary S. Bopp, '"Bringing Dance the Infonnation Age: Have We Been? Vvnere Are We Going," UCLA Journal ofDance Ethnology 18 (1994): 32.

38 Preserve was established in 1987. It provided workshops to distribute the know- of dance preservation all over the United States in order to "assure dance a performance." Snyder, "Documentation," 12; NIPAD was founded based upon Pew Charitable Trusts the John F. Kennedy Center for the Performing Arts mission of NIP AD was to help "dance documentation and preservation projects designed to be integral to creation, transnnssion, and performance of dance." Ibid.; and

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Workshop, 's

documentation

earliest examples of

Reynolds uses one or two cameras and microphones. this she can

record different aspects of the movements, the comments from coaches, and the

sounds of the piano and the dancers' voices. She chose this way making the

recordings based on consultation with other experts the field, and specialists in

recording.41 As recording technology had become more stable and allowed for longer

recording lengths, Reynolds changed over to Digital Beta cameras in 1997.42

National Initiative to Presen1e America's Dance, [website] (Washington D.C.: Dance/USA, accessed 3 June, 2003); available from http://m-vw.danceusa.org/about_dusalnipad.htm; Internet.

39 Michael Schwartz, "Video," in Poor Dancer's Almanac, ed. David R. White, Lise Rfiedman, and Tibbitts Levinson (Durham: Duke University Press, 1993), 29; "DTW was founded in 1965 by Jeff Duncan, Art Bauman and Jack Moore as a choreographers' collective devoted to the sponsorship and practical support of the work of colleagues and early career artists." Dance Theater Workshop, DTJf', [website] (New York: Dance Theater Workshop, accessed February 2004); available from http://'IJlr'Vllw.dtw.org/aboutc:fin; Internet.

Erick Hawkins Dance Foundation received a grant from NIPAD 1994 for its video recording project; The Merce Cmmingham Foumiation, in 1995.; Darme1USA, "'"''"""',., Initiative to Preserve America's Dance; available from http://wvvw.danceusa.org/about_dusa/mpad.htm.; The Nikola.is/Louis Foundation for Dance began recording thirteen works choreographed by Ahvin Nikolais from 1953 to 1985. Freese, "Dance Preservation," 11.

41 Alan F. Lewis of the National Archives Washington, D.C. was one ofthe specialists whom Reynolds asked for advice. Nancy Reynolds, "Two Worlds of Balanchine: The George Balanchine Foundation Video Archives," Envisioning Dance, ed. Judy Mitoma, Elizabeth Zimmer, and Dale Ann Stieber (New York: Routlege, 2002; Routlege, 2003), 126.

42 Ibid., 132.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. College, and as an expert

took notes structure

final production. the versmn.

were digitized at a to create trmnes using AVID

software, which is a film editing software used in many major and television

productions. 43 Dissolve techniques were used smooth transitions 'With titles and still

photos.

the final stage of editing, audio and video material were combined with

high-resolution original tapes on Digital Beta masters, a process that is still used today

video production. The average length of the raw footage is about ten to twelve hours,

based on two to five days of recording, and the average length of the final VHS tapes is

about 129 minutes. 44

43 Founded in 1989, Avid Technology, Inc. is the leading company "in digital nonlinear media creation, management and distribution sohrtions, enabling video, audio, animation, games, and broadcast news professionals to work more efficiently, productively and creatively." AVID software was used in the production ofMaster and Commander: The Far Side of the an Academy Award winner for Best Sound and Academy Award nominations for Best Picture and Best Editing 2003, Sex the a Golden Glove Award winner Outstanding Production-Musical or Comedy Series in 2001. AVID Technology, Inc., Company [website] (Massachusetts: AVID Technology, Inc., 2002-2004, accessed 10 February 2004); available from http://www.avid.com/company/; Internet.; Tire Dance The New York Library for the Performing Arts also recommended AVID software for editing video recording materials. Dance Division, New York Public Library for Performing Arts, The Collaborative Editing Project to Document Dance (New York: The New York Public Library and Astor, Lenox and Tilden Foundations, 18-26.

George Balanchine Foundation, The George Balanchine Foundation: 1997-1999 (New York The George Balanchine Foundation, 1999); and Reynolds, "Two Worlds of Balanchine," 129.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Markova coaching Nightingale in Le

1995. 46 Originally 1925, was the

Balanchhle created Serge Diaghilev's Ballets Russes. This piece had not been

had to change some when Markova bec&'De and couldn't dance the 47 For

this re-creation, Markova found Iona Loots, a nineteen year-old student at the Royal

Ballet School, who had long arms and. legs just

Hodson and Kenneth

46 Markova was born Pavlova, Markove was a world-dass ballerina. She joined Marie KWtnOl:m s tpn:)(1ec:esS1::1r ofthe Ballet) and 1930s. In the 1940s, she performed ttll~''"''v Carlo Ballet In 50s,. cou:mxl!: fmmd the Festival (now the English National ooaching particularly at the Royal Ballet Jane Simpson, 30 September 1997 [magazine on~line]; available from http://www.ballet.oo.uk/old/legend js_ alicia_ markova.htm'; rot~m€;it: accessed Febn.mry

48 Nancy Reynolds, "The Balanchine i. ...~i""'"" !hon••-· .evntmais." interviewed l\lexandra

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 22

conception of the role. choreography

was classically based,

also demonstrates Balanchine's style in his earlier years.

Tchaikovsky Pas de Deux (coached by Violette Verdy) done New York in October 26,

2003. It took about two hours to record. The premiere of this piece took place on March

line]; available from http://www.balleralert.com/magazines/BAsamplei:!Reynolds.htm; Internet; accessed 6 September 2003.

49 In 1989, fue Robert Jeffrey Ballet Company presented Rite ofSpring choreographed by V aslav Nijinsky, music by Igor about sixty years after premier 1913. "The shocking newness offuis work caused an uproar, it was too far ahead ofits time. There were seven performances in alt .. " MilliCellt Hodson, dancer and dance scholar, and Kenneth Archer, mt historian, attempted to put pieces together. Archer "'exmnined and reexamined visual sources, particularly the drawings Valentine Gross. She pored over writings about the performance by Stravmsky, critics, the dancers, and most :importantly, by Marie Rmnbert (foooder of Ballet Rambert), who had been Nijinsky's assistant and was still alive when Hodson started .. Decor and costw.ne designs, the costumes accessories (including shoes), photographs, drawings, :newsreel film, texts, oral histories, mid rehearsal scores were used in the process." Snyder, ••oocmnentation," 10.

51 Ibid.; Following Makarova's project, Frederic Franklin, principal dancer and rehearsal master of the Ballet Russe de Monte Carlo, recreate-d several pieces. Sonja Robert Lindgren, and Stanley Zompakos were joined for Mozartiana; Mari.a Tallchief and Vida Brown, Le Raiser la Fee; Todd Bolender, Renard; and Nancy Mann, Reminiscence. The George Balanchine Foundation, Listing ofthe Archive Videos, [website] (New Ymk the George Balanchine Foum:lation, 2002, accessed 6 Septeznber 2003); available from http://balanchine.o:rg/03/gbfiridooarchives _videos.html; Internet.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 29, was

onem was

Petipa

Balanchine's pas de deu.x has a deal of technical virtuosity, and is often

performed ballet gala events. What version recreated by Verdy shows is that when

piece was choreographed in 1960, Balanchine made the duet more acrobatic than

it is now. One example is a that occurs at the end of the coda. the female dancer

jumps into the arms of her partner like a "flying fish," we can see that the earlier version

is more acrobatic. the more recent version, the female dancer jumps parallel to the

ground, and when caught by her partner, she is in a 30-45 degree body bend. the

earlier version, she jumps higher and is held lower by her partner. Another difference

shown was how the male dancer's variation used to be longer and had more jumps;

Balanchine altered the musical score to accommodate these changes. 52

Balanchine altered choreographic

styles. Maria TaHchiet: Balanchine's third "vvife and one of his muses, was featured in

more productions than other dancers on Interpreter's Archive. 53 In 1995,

52 musical score used could not be found to restore the original.

53 When Balanchine joined Ballet Russe de Monte Carlo, he a young talented ballerina, Maria Tallchief. Balanchine featured Tallchief as leading roles in his works. went with Balanchine when he formed Ballet Society. She became a principal dancer the company, and they got in August also joined the NY CB 'vith Balanchine. w1rile their marriage ended 1952, Balanchine created many leading roles for and she continued to work until 1965. Taper, 213-215.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. a female dancer's

performance

believed to regard more important arms in later

Tallchief revealed that previously Balanchine paid a lot of attention to arms. dance

critic Joan Aceocella remarked:

Balanchine ... wasn't that interested port de bras ... that is so crucial Russian and English ballet. All he cared about was legs, legs. But chances are that this downward shift came late his career, and only because he couldn't do everything: he had a big idea about legs, so that's what he worked on. 54

Video Archives is also noteworthy its recorded Balanchine's ideas for

posterity. Balanchine had said, '"They will remember the steps but they will forget the

idea. "55 Reynolds remarked; '"My idea was to record, in so far as possible, what

Balanchine had told the people he had created these ballets for. "56 Coaching helped older

dancers recapture their experiences detail. 57 Reynolds said that Foundation would

continue working on this project as long as they could find people \\'ho could remember

Balanchine's ballets and who could coach them to dancers.

The average budget for producing one video the Video

54 Joan Acocella 'The Hand of Fate," The ,,.,,,,,,,.,,,, Voice, 15 August 1995,

55 Taper, Balanchine, 415.

56 Freese, "Dance Preservation," 10.

57 Reynolds, "Two Worlds ofBalancr.iine,"

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. shooting footage $2

$97,945.59 the won

Preserve, for excellence and illlovation in documenting dance.60

( 4) The Balanchine Lectures

In 1998, a project entitled The Balanchine Lectures was started.61 This project

was done in partnership with the Balanchine Trust, the entity that was created in 1987

and that will be discussed detail the next chapter. This Trust concerns itself with

copyiight issues and handles licenses for various ballets for beneficiaries. Working v.ith

the Trust, the Foundation sought ways to provide greater insight into the ballets being

performed. Thus, when the Trust granted a license to a company, the Foundation would

follow up with a lecture.

58 Cost for shooting video includes talent ($12,275), crew ($8,8] 0), equipment and studio rental ($2, 710), insurance and publicity ($1,887), management fee ($1,690), and travel ($928), and contingencies ($1,300). Cost for post production (three finished 85-minute includes editing personnel ($5,000), editing facilities ($15,000), dubbing ($1,000), and graphics ($500). The George Balanchine Foundation, 1994-1996.

59 George Balanchine Foundation, '"Fonn 990: Return ofOrgm:llzation Exempt From Income Tax," (1998); George Balanchine Fmmdation, 990: Return ofOrg.anization Exempt Income Tax," (1999); The George Balanchine Foundation, "Form 990: Return of Organization Exempt From Income Tax," (2000); and The George Balanchine Foundation,, "Form 990: Return of Organization Exen:ipt From Income Tax," (2001).

60 The George Balanchine Foundation, 1997-1999.

61 Ibid.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 62

natmn:.s.·'63 So far,

Francisco Ballet, and

of the New York Public Library for the Performing Arts (NYPL ). This project is called

30 Years ofBallet Monte Carlo, and it is still ongoing. The participant

this project vvas Frederic Franklin, who had danced vvith this company and knew

Balanchine well. program is based on

daughter of Ballet Monte Carlo founder Sergei Denham. pmgram

consists of intenriews of Frederic Monica Moseley, the ass1tsta1rit curator of

Dance Division, and dance

62 Nancy Goldner was a dance critic for nn·1ao.rem'fua Inquirer.

Balanchlne Balanchine York: ~w,,~,..,- Bruanclrine 2002, accessed 6 September http://balanchlne.org/03/balanchlnelectures.html; mt~~rnlf~.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. The transcripts are

now

educational institutions, usually universiiy libraries. video was based on music and

dance scholar Stephanie Jordan's book,, !Yfoving Music: Dialogues with in

Twentieth-Century The purpose of this project was to show how Balanchine

utilized his deep knowledge of music for choreography. In this tape, Jordan analyzed the

musical scores and the structures of Balanchine's choreographies. connection

between the dance steps and musical scores was shown by demonstrating examples from

Agon, Duo Concertant, Jvfovements for Piano and Orchestra, and "Rubies" from Jewels.

The tape also included interviews between Jordan and dancers such as Suzanne Farrell

that explained how dancers interpreted Balanchine's musical sensibility.

spite of their academic importance, these three projects Balanchine

Lectures, 30 Russe De Monte did not

include any new technical innovations for dance preservation. The projects were

such as recordings, interviews, and archival

64 The George Balanchine Frn.mdation, George Balanchine Foundation Gives First Nine Transcripts of30 Years Russe de lvfonte Carlo -An Oral History rnn.11:nn to The Jerome Robbins Dance Division ofThe York Library for [website] (New York the George Balanchine Foundation, accessed 6 September 2003); available from http://v.rvlw.bal.anchlne.org/05/archlve/2003franl

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. on

umque

choreography the popular stage

movies, which were regarded as "milestones of American popular culture. " 65 Like other

projects, Popular Balanchine is still ongoing. The Balanchine Foundation website

describes the collection as follows:

Dossiers containing materials in the Popular Balanchine Collection [including documents, printed materials, photographs, memorabilia, audio and video recordings, and transcripts of interviews] will be available for study by scholars and inspection by interested members of the general public at the New York Public Library for the Performing Arts. 66

If additional funding can be secured, the Foundation will also donate a copy of this

collection to the Library of Congress. 67

As 2001, the Foundation had spent a total $224,161 on this project.68 Reynolds

appointed fonner publisher Claude Conyers as project manager. 69 According to Conyers,

65 George Balanchine Foundation, Balanchine, [website] (New York: the George Balanchine Foundation, 2002, accessed 6 September 2003); available :from http://balan.chlne.org/03/popularbalanchlne.html; Balanchine participated actively in popular choreographic works, especially before he created the NYCB with Lincoln Kirstein in 1948. From 1927 to 1931, Balanchine provided. three works for vaudeville and operetta stages in Paris and five works for revues, varieties, and film Dark Red Roses London. After moving into the United States, Balanchine contributed to Broadway musicals :from 1936 to 1954, and Hollywood movies from 1938 to 1944. In 1942, he collaborated with Igor Stravinsky in a famous circus production for elephants' ballet collaborated.

66 Ibid.

67 18.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. the purpose project is "to show

whether it was ,,10

'ilhat made special was use

for publishing historical dictionaries and encyclopedias multi-format

Oral History Database) that selected researchers could access via a secured virtual

private network using Internet technology. Two database technicians from private

corporations were involved the construction of the databases. This network system

made it possible for more than thirty researchers from different countries to share

information with each other and work together.

The Participants Database provides a searchable database for information on

700-plus individuals (such as directors, screenvvriters, and costume and set designers)

68 $10,488 was spent for 1999, 96,627 for 2000, and 117,046 for 2001. Balanchine Foundation, "Fonu 990," (1998); The George Balanchine F01mdation., 990," (1999); The George Balanchine Foundation, "Form 990," (2000); and The George Balanchine Foundation, "Form 990," (2001).

69 Conyers retired from the position of vice~president and editorial director of the Scholarly and Professional Reference Department at the Oxford University Press, USA Conyers' major works are The Encyclopedia ofReligion, 16 vols. (1987), The Oxford Guide to }vfythology in the Arts, 2 vols. (1993), the Encyclopedia ofDance, 6 vols. (1998), and National Biography, 24 vols. (1999). He won major awards outstanding reference works. Practicing the SAB and the Ballet Russe School, performed with Pact Ballet, in Johannesburg, and Les Grands Ballets Canadiens, Montreal. The George Balanchine Foi.mdation, Notes on the Research Team [website] (New York: George Balanchine Foundation, 2002, accessed 6 September 2003); available from http://balanchme.org/03/popularbal _ notesteam.htrrtl; Internet.

70 Sheryl Flmow, "Balanchine F o:r Hire," New York 30 March 2003, sec. 2, p. 8.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. can use this password-

telephone sources as

address projects."71 researchers to contact

these people and request information or materials about Balanchine's popular works.

Using the database, researchers can track over one hundred survivors and add additional

information to the records.

Based on information from this database, researchers conducted more than sixty

inteiviews with people who worked with Balanchine in his popular works. Every

interview was recorded in both VHS and digital formats. These recording materials, as

well as the interview transcripts, were saved in the Oral History Database. Other

collected materials were also digitized and made available on the password-protected

website for the scholars who participated in this project. Without the multimedia platform

and un-restricted access that the Internet allows, the Popular Balanchine project could

not have been achieved.

The next chapter will analyze and discuss the Balanchine Trust, which was

71 The George Balanchine Foundation, Summary ofResearch lviethods, [website] (New the George Balanchine Foundation, 2002, accessed 6 September 2003); available from http://balanchine.org/03/popularbal_ summaryresearch.html; Internet.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 4

was created to administer issues ballets.

The terms

the Trust is '"to make ballets accessible to as broad a public as possible."73

purpose is "to facilitate the licensing of the ballets, to foster their dissemination

throughout world, and to make sure that performance would be '"authentic' and of

satisfactory quahty."74

In order the to created, the monetary ofBalanchine's works had

to be established. executor of Balanchine's Barbara Horgan to determine

of the ballets so

taxes on them.'-r5 were no ready examples

72 is a organization as mentioned

©:

75 Sheryl Flatow, "The Ha!lam;hu1e Trnst: Guardian of the Legacy," Dance Magazine, December 1990, 59.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. of ballets. as a

total

profits most

profitable was

Nutcracker followed of the

period. 76 The tax evaluation was

settled in April 1986. The Horgan, and her attorney reached an agreement that "a

dozen Balanchine ballets ... might smvive more than a few years."77 From this agreement,

the IRS estimated that these ballets would exist for fifteen years. Based on that, the total

amount of taxable value for Balanchine's estate was $11,192,086. After question

was settled with the IRS, the George Balanchine Trust was finally formed, four years

after his death.

The idea for the Trust came principally from two major beneficiaries of the will,

Barbara Horgan, Balanchine's longtime personal assistant, and Karin von Aroldingen,

Balanchine's mend and principal dancer. Balanchine bequeathed about 70 percent of his

estate to Horgan and Amldingen, as well as to Tanaquil Le Clercq, the choreographer's

fourth and wife. 78 Le Clercq received American performance royalty rights

77 Ibid.

78 Born in Paris, Le Clercq moved to New York when she was Le Clercq accepted a scholarship at SAB in 1941. She was featured in one of the main roles in Four Temperaments the Ballet Society in 1946. Never being in the corps de ballet, she became the fust NYCB principal ballerina who graduated from SAB. Balanchine created main for her Nutcracker, Western Symphony, cvru.;,,;cr1u Krn•n,.,.,., i.)V!'lYfiJJnonv in and La Val5e. At age of 23, she married who was 48 years old. In

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. to

ballets named but twenty-five,"

pieces not specify 79 addition, von

exclusive rights six ballets, Libeslieder Serenade, Concerto,

Variations Pour une Porte et un Soupir, Vienna Waltzes, and Kammermusik 2.

Horgan was given exclusive rights for just one ballet, the Brahms-Schoenberg Quartet.

Though Balanchine not specify in his will how the ballets should be

perfonned or staged, these legatees knew that their decision was important not only fur

future of the NYCB but also for that of the entire dance community. Horgan and

i\roldingen "sought to safeguard his legacy for future generation[s ]" even after their O\\'Il

deaths. 80 Paul Epstein, a lawyer specializing the performing arts, advised them to

establish the Trust. The issues for those who created Trust were how to utilize

rnsues.

To begin with, Horgan first had to go through the process of estabhshing a valid

trust and to finalize the positions of the beneficiaries named in Balanchine's as

1956, during NYCB tour in Copenhagen, was diagnosed with It paralyzed both of her and one rum. Though Balanchine remained married to her for 16 years with the hope that she would walk again, Balanchine divorced Le Clercq in 1969. During the 1940 's and 1950's, most leading roles were created for Le Clercq as well as Maria Tallchief Taper, Balanchine, 239-242.

79 Ibid., 40 L

80 Flatow, "Guardian of the Legacy," 58.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. successors to NYCB. the Trust to

to to form a fidudarv duty;

beneficiaries~ asa

asvon

mistress Rosemary entrusted their rights to the

Trust became members of the Trust as beneficiaries. The rights bequeathed to them

from Balanchine's will became the property of the Under agreement, the

rights were ovvn_ed by the Trust while members would receive "the receipts, royalties,

payments for those ballets. "83

addition to the financial benefits, the members of the Trust also had the right to

decide various issues of restaging regarding the ballets that they controlled. When a

dance company asks the Trust to give them a _performance license for a specific work, the

Trust has to get permission from the original legatee. Only when they died would these

members lose their exclusive control over the works; however, their named successors

still could receive royalties. The crucial factor of being a member was that they could not

reclaim their titles from the Trust 84 Le Clercq and other legatees decided not to join

81 Swack, ''The Balanchine Trost" 265.

82 Ibid.

83 Marilyn Hunt, "The Balanchine Trust," Playbill: New York City 1 1993, 4.

84 Marilyn Hunt, '"The Balanchine and Ashton Inheritance Part I: The Balanchine Trust," Dancing Times, April 1993, 668.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. as asked

planning its programs. NYCB's of directors started

American performance royalty rights. 86 As Le Clercq rejected their offers, some board

members insisted on legal action in order to acquire the rights. The rumor the

Columbia Management (CAM) invited Horgan to join the organization (which

would include bringing the rights to Balanchine's ballets) made the NYCB's board

members nervous, even though Horgan subsequently declined the offer. 87 The board

85 Ibid.; This type of property management system is known as a collective intellectual management orgm:rization. World Intellectual Property Organization (VlIPO) recommends this system; several organizations were established for music, literary works, and others. From the beginning, these collective administrators in the United States are created mainly for music licensing such as Association of Composers, Authors and Publishers (ASCAP) 1914, Broadcast T\!fisic Inc. (BMI) in 1940, Society of European Stage Authors and Composers (SESAC) 1930. Copyright Clearance Center (CCC) was created in 1978 for literary works. Zorich, Introduction to A1anaging Digital Assets, · and Margaret J. Wyszomirski, "Organizing the Management Rights: Licensing, Collecting and Security in. a Age," appendix, Prepared for the American Assembly, "Art, Technology and Intellectual Property" [website] accessed 29 March 2004, available from http://wwvv.ifacca.org/files/MJWch7.pdf; Internet.; However, the collective management system was not popular for dance society. "[Because] uses generally entail complex staging and issues of artistic interpretation... the right issued for are usually between copyright owner and user." Zorich, Introduction to Managing Assets, 50.; The Balanchine Trust challenged these difficulties with various devices and succeeded to keep high performance standard to preserve Balanchine's works, as remarked below this chapter.

86 Taper, Balanchine, 401.

87 Taper, "'Balanchine's Will",

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it was hard to Balanchine as an

since he not a

the Ford

Foundation, the Ford Foundation forced company Balanchine a salary as a

condition of the 89 Based upon this evidence, the lavvyers drew the conclusion that

"over the years he had been the company's greatest - without whose donations,

obviously, the company would not exist. "90 Despite advice of their lawyers, some

board members still wanted legal action. Horgan warned the NYCB's managing director

88 Taper, Balanchine, 404.; A similar drum was raised regarding Martha Grahmn's estate. When Graham died in April 1991, she left her property (including her choreographic works) to Ronald Protas, a photographer and Graham's personal assistant from the 1970s on. Protas was named in Graham's will as the executor and sole bene:ficimy. He was Graham's successor in the position of Artistic Director of the Martha Graham Center of Contempormy Dance, Inc. and the Martha Graham School ofContempormy Dance, Inc. (Graham founded the Center in 1948 and the School in However, during the 1990s, relations betvveen Protas and the Graham Center board of directors became strained and Protas resigned as Artistic Director in 1999. Following his resignation, the Center and the School entered into a ten-year license agreement with the Martha Graham Trust, an organization created by Protas. In May 2000, Protas sent a letter to the Chainnl!!Il of the that "terminat[ed] the license agreement 'effective 12:01 AM EDT on May 26, 2000."' The Center's of directors voted to disnriss Protas. Since then, Center and the Graham Trust have competed against each other to register copyrights for Graham's works, with each orgmtimtion insisting that it is the legal owner of the works. In spite of Grahmn's will that named Protas as sole benefi.cimy, the Center and the School claimed Graham's works were considered 'works for hire'; therefore, they argued, the copyrights to her works belong to Center and the School. m 2002, the Federal district court N.Y. ruled that Graham was an employee after 1956 since the Center a salary and that therefore works created 1956 were works for hire. The court also ruled that, as defined in the Copyright Renewal Act of 1992, most of her works choreographed prior to 1956 foll in the public domain. Martha Graham Sch. & Dance Found., Inc. v. Martha Grahmn Ctr. of Contempormy Dance, Inc. F. Supp. 2d 567 (2002).

89 Taper, Balanchine, 405.

90 Ibid.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. attitude

Balanchine's

Performance Licensing

Horgan and the Trust started licensing Balanchine's ballets. At first, the main

concern of the Trust was the performance licensing. As Horgan often remarked, "'A

ballet is not like a picture, you can't hang it on the wall. It is really there to be performed

and to be seen by an audience. "91 The copyright protection was used for enhancing the

Trust's control over the works and maintaining high standards. They created two types of

contracts: one for the NYCB and one for other dance companies.

The NYCB received special consideration in their contracts with the Trust. Under

the agreement; the NYCB could perform all Balanchine ballets for which the Trust holds

the rights, that is, as many ballets as possible reasonable foes a period of five years.

The performance agreement could also apply in countries as as United

States. Unlike other dance companies, the could use the name "Balanchine" for

its fundraising activities. exchange for such broad rights, the NYCB offered the Trust

an office expenses Trust

incurred. 92 To date, the Trust and the NYCB have renewed their contracts several times.

91 Hoot I: The Balanchine Trust," 669. ' 92 Hoot "The Balanchine Trust," 5.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. IS current master at

ballets

NYCB.95 to perform

m York Cit-;, has to get pennission from Martins. 96 summed

Martin's contributions as follows:

One of the reasons for keeping the trust at the State Theatre is so that the vrnrld will know the keeper of the flame is City Ballet. And thaf s because of Peter. If he decided to leave, and someone came in and began to run the company in a way that's inconsistent with the past, the agreement would be \v:ithdrawn. 97

93 Born in 1946 in Denmark, Martins started his dance career at the Royal Danish Ballet in Copenhagen. Because of the light, speedy, warm, and pure characteristics of Danish ballet traditions, Balanchine attached a high value to Danish ballet styles. Moreover, Martin's own gracious personality made him well matched for Balanchine's pieces. First joining as a guest artist in 1967 in Europe, Martins has since spent over 30 years with NYCB. He has performed many of Balanchine's masterpieces, such asAppollo, Serenade, and Stravinsky Violin Concerto, as well as Jerome Robbin's works. In 1981, he was appointed to the position of ballet master, which he shared with Balanchine, Robbins, and John Taras. Since Balanchine had a breakdovvn in health after his heart attack in 1978, Matins ran NYCB and gained good faith from the board of directors and dancers. Balanchine had relied on Martins increasingly; Balanchine not nominate Matins as his successor at 1\J'l'CB. Balanchine's death in 1983, the board directors of NYCB decided to name Martins as a co-ballet master, together with Robbins. Finally in 1990, he became J\.7YCB's solo ballet inaster. Ever since then, he has been working hard to preserve Balanchine's to reproduce older works, and to choreograph :new pieces. Garafola, "Dance for a City,'' 32-42.

94 Hunt Balanchine Trust,'' 5.

95 Amy Lynn Stoddart, "The Balanchine Trust: the Inherent Ironies of Authentic Preservation," in Society ofDance History Scholars, Conference in Temple Universtty, Philadelphia, 20- 23 June 2002, by Society of Dance History Scholars (Stoughton, Wisconsin: Society of Dance History Scholars, 2002), 136.

96 flatow, "Guardian of the Legacy," 60.

97 61.

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contract,

two 98

( pricing greiemient. (2) the choice of works,

master. First, the

The fees charged varied from $250 to $15,000 ballet for a two-year contract. 99 The

Trust decides the licensing fee by the amount of the company's budget and the size of the

company. If the company is a small group such as the Diablo Ballet of California, the fee

will be the minimum price. According to Horgan, "'They are small and they don't

any money ... So we try to help them."100

When a dance company asks for performance rights to Balanchine's works, the

Trust first examines the skills and capabilities of dancers, rather than the company's

financial position. If the Trust feels that a dance company is not well-suited to perform

certain Balanchine works, the dance company will not be granted a license. In such cases,

the trustees try to recommend other pieces that might be more suitable to the talents of

the dancers in question. For example, if a dance troupe having only nventy dancers seeks

a license to perform Serenade, this company will not be granted a license agreement Vii1th

98 The George Balanchine Trust and Washington "Balanchine® License and Service Agreement," 16 December 2003, Peiformance License Agreement for The Four Temperaments, article l.

99 Rita Felciano, "The Balanchine Trust at Ten: Building a Better Future for Companies Nationwide," Dance lvfagazine, June 1997, 154; According to Taper, Coottmy to the Trust, some choreographers asked clients to pay more than one hundred thousand dollars for one piece. Taper, '"Choreographing the Future," 26.

100 Felciano, "The Balanchine Trust at Ten," 154.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. !fa

the convmce

a license is granted, the Trustees send on ballet master called

"Repetiteur," to the company to mount the pertormances. Repetiteurs teach the

licensed pieces to dancers and help the company in casting. They generally teach the

most recent version. wz During his .,.,.,,....,.,.."" Balanchine was famous for changing his

works many times, depending upon dancers, time, and places. The company that has

been granted the license must pay for "Setting Fee, Hotel and the Per Diem expenses and

travel (round-trip business class) expenses" for the Repetiteurs, apart from the license fee

and royalties for performance. 103 Moreover, to maintain high standards of pexformance, if

the public performance is suspended for more than one year, the Trust may send a

Repetiteur to investigate. 104

101 Christine Temin, "Balanchine's Style is Held Trust," Boston Globe, 31March1991, p.60.

102 The Trust sometimes allows the company to perform an older version. Once, Edward Villella, who was a former dancer in Balanchine's company and was well known as one of the great Apollos, was eager to stage the version ofApollo his dance troupe the Miami City Ballet The Trust gave him permission to so. Thid. \Vhen the Royal Ballet was planning to do Ballet Jmperial/Tschaikovsky Piano Concerto No. 2, the Trust asked the artistic director Anthony Dowell to decide which version the company would like to perfonn. Hunt, "Part I: The Balanchine Trust," 669.

103 The George Balanchine Trust, "License and Service Agreement," article 2.

104 article 1.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. were rorme~r a

notation scores based upon is the most essential

o'vvn experiences

illustrate Balanchine's techniques and styles, some Repetiteurs even give company

ws Taper, Balanchine, 415; and Feld:im.o, "The Balanchine Trust at Ten," 154.

106 Labanotation becomes fue most known in fue United States with fue support of the Dance Notation Bureau (DNB) in New York, founded in 1949. Laban created methods convert three-dimensional moveinents flat formats on papers accompmtled with scores and explanation of"qualimtive aspects oftbe movements." Snyder, 1; and Bopp, "Bringing Dance mto the Information Age," ·Along with Lobanotation., Benesh Dance Notation was order to notate some works. 1955, Benesh Notation was an musician, and husband of Joan Benesh, a dancer with Sadler's Wells Ballet This systein be"..ame popular in The The ofthe Benesh Institute, [website]; available mt~~m~~ accessed 4 April 2004.;

J:jaJtan

!07

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. teaching

by was contract

1986, "\Vhile

Balanchine's estate was in probate. came to the States

1986, Kirov director Vinogradov indicated his enthusiasm for presenting the

Balanchine repertory in many interviews. However, after Balanchine's death,

Vinogradov said that there was confusion about who controlled the rights to the ballets, a

complication which made negotiations difficult for the Kimv. 108 Knowing Vinogradov' s

intention, Horgan wanted to give the Kirov Ballet permission to perfonn Balanchine

works. Horgan sent infonnation regarding where she could be reached to Vinogradov.

Vinogradov and Horgan subsequently met in New Jersey when the Kirov Ballet was

there. He told Horgan that, «[Acquiring Balanchine] was my lifelong dream. I want

Scotch Symphony, Serenade, and Synphony in C."109 In reply to Vinogradov, Horgan

required him to accept «representatives of Mr. Balanchine's company- ballet masters

from the New York City Ballet or ballet masters worked for Mr. Balanchine during

his lifetime-to mount the ballets." Vinogradov agreed. However, under Soviet

regime, it was hard for Vinogradov. Embassy in

Vvashington acted as the channel of communication between Horgan and Vinogradov.

'°2 Barbara Horgan, "Barbara Horgan," I Remember Balanchine, ed, Francis Mason (New Bantam Doubleday Dell Publishing Group, Inc., 1991), 383.

109

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. means as

was to Jane who was

to as

was to carry out mission of the She said,

" ... money is not the object here, I feel strongly that it is necessary to license the

ballets in san1e way everybody else acquires Mr. Balanchine's ballets."110 The first

works requested by the Kirov were Scotch Symphony in

However, the outcome of the negotiations was to license two Balanchine ballets, Scotch

Symphony and Theme and Variations. Vinogradov was most enthusiastic about

performing Scotch Symphony because Balanchine had recommended this piece to him

when the NYCB visited the Soviet Union in 1972. Francia Russell, former NYCB ballet

master, went to Leningrad order to determine which ballet the should

recommend to the Kirov company, given that the latter had a different style from that of

the NYCB. 111 She decided to recommend Theme and Variations along Scotch

Symphony.

order to mount these works, Russell went to the Kirov September 1988 to

propose Theme

Symphony December 1988. Even though Vinogradov supported showed respect

llO Ibid., 384.

rn Joined NYCB in 1956, Russell became ballet mistress ofl\fYCB 1964. Balanchine chose as one of the first ballet masters to mount his ballets. In 1977, she became Artistic Director of Pacific Northwest in Seattle with Kent Stowell, her husband. Francia Russell, "Francia Russell," in ed, Francis Mason York: Bantam Doubleday Dell Publishing Group,

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Farrell, it was for to ""''i"'r•~t!i>'l'Mi '"why the to

112 to Horgan. Due to LU"'"'"""'"' a.·ttterences

terms even culture,

113 once dancers understood it was '"an extraordinary moment."

successful premiers of Theme

February 1989.

Accumulating experiences, the has added other terms to its licensing

agreements in order to avoid potential problems. The current agreements have added: (1)

modification of works, and ( 5) reproduction.

( 1) Copyright Notification

The contract between the Trust and the Licensee is exclusive between these two

parties. The agreement dearly states that the Trust the only organization that holds the

specifies title of licensed works as well as the name of Licensee, fees, royalties per

performance, first performance date, and the name of the Repetiteur. As Balanchine left

international performance rights and domestic rights to different beneficiaries, the

Trust also the can rehearse or a work. make

112 Temin, '"Balanchine's Style," 60.

113 Horgan, "Barbara Horgan," 385.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. aware copyright to

statement in

orc1um~eam

,._., ...u.., •.• ,,, .... u • .., Technique®

terms "Balanchine Technique®"

"Balanchine," are registered trademarks at the Patent and Trademark Office. 115 The

Tmst decided to do this to keep his name and reputation from being abused. 116

(2) Renewal of Contract

In general, the licenses are renewed every two years. However, before a license is

granted, the Repetiteurs conduct a review of the performance quality of the Licensee. If

from their reasonable point of view, the Repetiteur considers the performance standard is

not high enough, the Licensee has to work v.rith the Trust and the Repetiteur in order to

raise the performance to an acceptable quality level. Maintaining this strict standard is

not easy even for major ballet companies. For example, when the National Ballet of

Canada (NBC) petlormed Concerto Barocco 1991, the quality of their petlormance

114 The George Balanchine Tmst, "License and Service Agreement," article 4.

m On May 28, 1985, Horgan registered "Balanchine," "Balanchine "and "Balanchine Style" as service marks in the United States Patent and Trademark Office. After establishment of the Trust :in 1987, the Trust reregistered these three phrases :in the Trademark Office as the ovvner of these service marks. U.S. Patent and Trademark Office, Trademark Electronic Search System [database on-line] (Washington D.C.: U.S. Patent and Trademark Office, accessed 20 April 2004}; available from http://tess2.uspto.gov/bin/gate.exe. Internet; Other important elements of a ballet such as the music and stage and costume design were not defined in the agreement Licensor and the Trust Swack, 'The Balanchine Trust" 265.

116 Flatow, "Guardian of the Legacy," 59.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. no

,,rni Therefore, the

review system to

time a Repetiteur

conditions that may lead to the ter.minati.on of the contract

( i) there is any significant change the artistic direction of your organization, or (ii) your organization is reorganized, or otherwise combined v.-ith any other organization, or (iii) you violate any of your obligations hereunder, you may, at our immediately terminate your rights Agreement 119

Under these conditions, Ll<~ensee has cancel public performances immediately and

to pay

contracts

or direction an organization. case of the especially Repetiteur

master and when

120 Yb',;; 1 lu., 6.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. same terms were

Not the prohibits the Licensee Balanchine's

choreography authorization. ballets must be performed (that

they cannot modified or presented in an abridged version) exactly as taught

the Repetiteur.

1994, the Royal Danish Ballet (RDB) gave ten performances ofBalanchine's

Apollo. The Trust had signed a contract with the RDB for in 1993, with the

Trust's Repetiteurs overseeing the rehearsals. However, the choreography was changed

without permission from the Trust: the RDB cut parts of Apollo such as the birth scene

and the ascent to Mount Parnassus and used a piano arrangement instead of the full

orchestral version. 121 such case, the Trust revoked the performance license with the

companies and required them to pay restitution. 122

( 5) Reproduction

Since displaying choreographic cannot only limited to

performances general, agreement contains tenns regarding reproduction of

Balanchine's Under this agreement, Licensee is allowed to hold live

performance rights only. ''No tape, transmitter, camera or other audiovisual device,

121 P.Jexander Meinertz, "Danish Dimy,'' Dance International, winter 1994/95, 38.

122 The George Balanchine Trust, "License and Service Agreement," article 6.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. or ..,,,.,.,.,.,,,.,,.,,.,. developed, used to record, nm-,.:"%1".nnr<:> or

11 123 '"'"' """"' ® BaHet."

can be authorized

Trust can use them own purposes as addition,

for preventing any unauthorized copyright, performance or other use of the video

124 recording or photographs by any other party." Concerning promotional m<>1"Pn

including program guides and websites, all descriptions about Balanchine's work should

also be approved the Trust.

As of Spring 1999, according to Mindy Aloff, The Tmst "has licensed 1,004

productions by 273 companies. " 125 The ballet companies have expressed their gratitude

to the Tmst for making Balanchine's pieces available for performance, Russell-Robert,

the Royal Ballet's executive director, remarked 1993, Trust is] utterly

approachable, very sincere, and also very rigorous in entirely the right way, and very

helpful pointing us toward exactly the right people to mount [the] ballet. I've not

known anybody found difficult to deal with."126 Hunt, Associate

Editor of Dance Magazine, pointed out, "'Among the advantages [T]trust is that it

123 article 2.

124 Ibid.

125 Mindy Aloff, "Mr. B. and the ©," 45.

126 "Part I: The Balanchine "669.

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Along pexformance the deals with copyright to

reproductions derivative works. reproduction is "a ofa work is any

form which the is fixed and which it can be perceived, reproduced, or

communicated, either directly or with the aid a machine," while a derivative work is "a

work that is based on a copyrighted work, but contains new material that is original in the

for Law, Media and the Arts at Columbia Law School. 128

The first piracy lawsuit, in terms of dance, about reproductions and derivative

works in the U.S. after the 1976 Act was Horgan vs. MacMillan, Inc. Barbara Horgan

filed suit against MacMillan, a publishing company in N. Y., for unauthorized use of still

photographs of Balanchine's works in 1985. MacMillan, published a picture book

entitled The Nutcracker: A Story & A Ballet vvritten by Ellen Switzer, which was based

MacMillan used sixty photographs in this book showing the parts of Balanchine's work

without permission; therefore, it constituted an infringement of copyright and she

128 June M. Besek, Copyright Issues Relevant to Creation ofa Digital Archive: A Preliminary Assessment (Washington D.C.: Council on Librmy and fu.fo:nnation Resources and of Congress, 2003), 2.; and Copyright Law, sec. 101.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. lV.UU•'-'HJU.HIOll> ceased µ•.nnu.1•'-"~-''c'll of the Although lost the

second one on ... 1-1,_,,.,,.,,. 1986.

case was

dance or not. and the

second one two opposite conclusions. 1'.1acMillan, Switzer, photographers

Steven Caras and Costas argued that "movement" was regarded as central

character of a choreographic work; therefore, the pictures in this book showed not

movements but still snapshots. The Federal District Court in New York supported this

argument saying "The still photographs in The Nutcracker book ... catch dancers in

various attitudes at specific instances of time ... The staged performance could not be

recreated from them. " 129 However, refuting this argument, the appeals court rendered

judgment that the publication was a copyright infringement of Balanchine's work. The

judge said "the standard for determining copyright infringement is not whether the

original cou]d be recreated from the allegedly infringing copy, but whether the latter is

'substantially similar' to the former."130 Even though the still photographs catch only the

fragments of movements, the appeal court concluded that these fragments could show

substantial elements of movements in choreographic works. Analine Hilgard, a legal

scholar, mentioned the historical importance case in her law review entitled "Can

Choreography and Copyright Waltz Together in the Wake of Horgan V. Mac1'.1illan,

129 ,_,..,.,.,,,,,... v. MacMillan, Inc., 621 F. Supp. 1 (S.D.N.Y. 1985)

130 Horgan v. MacMillan., Inc., 789 F. 2d 157 (2d Cir. 1986)

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 51

anew em

affected not the

position

stage, included videotape as a

Balanchine Trust registered over eighty in

focuses on preservation of steps, Foundation used videotapes preserve the process

of choreography, Balanchine's ideas, dancer's interpretations as well as steps.

Ho\vever, vidoo..recording technology ... "'-~.l"''-'·"" copyright infringement issue~t Beth

world have access to George Balanchine's vvorks through videotapes. has produced

133 Copyright Office, available http://www.copyright.gov/rerords/. 113 works including ninety-three cIMJre\)gfliph1c works as well as books are as Along vidootapes, seven notam>n registration.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. a

programs on

videotapes at

as VTRs

over thirty and pre-recorded cassettes have [were]

purchased in United States alone. " 135

famous case was Sony Corp. v. Universal City (so-called the Beta.max

case) adjudged by the Supreme Court in 1984, brought forward this issue pubhc. 136

Universal City Studio and Walt Disney Productions filed suit against Sony Corporation

and several retailers in California for copyright infringement The basis lawsuit

was that Sony manufactured the Betamax VCRs. The court decision was that "time-

shifting [video recording] is [was] a use," saying "a manufacturer of a product is

[was] not liable for contributory infringement as long as the product is [was] 'capable of

substantial noninfringing uses. "'137

This decision meant that people could tape Balanchine's ballets from PBS

television programs such as "'-''"''""''"" in America and Live from Lincoln Center for only the

cost of blank videotapes. These tapes could used to make other copies of the same

program. To make matters worse, dance companies could use video technology to copy

134 Lucinda Lavelli and Kavita Hosali-Syed, "A Discussion of Plagiarism and Copyright :in Relation to Dance," Impulse, April 1996,

135 N Nicholas Arcomru:w, «Videolaw," Dance }vfagaizne, August 1980, 46.

136 Sony Corp. v. Universal City Studios, 464 U.S. (1984).

l3'i Ibid.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. can

amass

not

on ,..h,,.,..,,,,..*''"'.. ,' ;:'.)omtenmes, cameras

showing Barbie pointed smaller as

were the +<.. .,.,,..,,.t,, piracy. BS

is no oor:tect solution for preventing kind copyright

is make Balanchine's work accessible to

the Trust does not want to stop reproductions and derivative works from being available

to a mass What the did was to research dance performance reviews and

0 ~-1"•·"''""" in order to find piracy cases around world. At the same time, the set5

limits on what can be taped and distributed publicly. video recording reproductions

can reach a larger number of people than performances, Trust wants the quality

taped works be high. all the dance companies,

only right videotape performances of Balanchine's ballets

dance companies, general, can make videotapes

only

Balanchine

l38

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. on can be distributed.

only

is a good example. The

only fifty-two libraries other institutions around world. These tapes include

not only steps but also the process of mounting ballets. After Dame Alicia J\1arkova

reconstructed role of the Nightingale in Le Chant Rossignal for The Video

Archives, several European dance companies contacted the Trust about mounting this

piece for public perfonnance. In such cases, these restrictions are valuable against piracy.

Without a copy of the videotapes in hand, it would be quite difficult for dancers to mount

the whole piece if they do not have an experienced instructor of that work

These solutions are in danger of losing their effectiveness because of digital

technologies such as the Internet and so Digital multimedia poses a much grater

threat to copyright protection than analog media. In the next chapter, the issues of

139 "Part I: Balandrine 668.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. PRESERVATION

It is becoming dear to the Balanchine Trust and Foundation

technology is to the preservation of Balanchine's ballets, yet there are

issues that surface when it is used. This chapter will focus on the development of, and

concerns related to, digital technology, as well as its relationship to other methods of

dance preservation.

One method of dance preservation has been dance notation, and in the United

States the specific form of notation used is Labanotation. While this continues to be an

important recording device, it has some limitations due to its two-dimensional nature. In

the 1970s, there was development of computer-based notation software, and eventually

this led to a system of digital technology that created three-dimensional figures on the

two-dimensional computer screen. 140

The pioneer of this area is choreographer Merce Cunningham has been using

created 1989 by Thomas Calvert, Director of the ,,._,....,,..,,.,i Systems

Science at Simon Fraser University. While Cunningham uses tool to explore new

movements choreograph original works, it allows to digitally document

140 Tue computerized software named was originally developed by Elsie at UCLA named LCsLN, was improved at Ohio State University. Bopp, "Bringing Dance into the Age," 34.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. movements from degrees.

same us mg

multifunctional

Although it was originally created bfomechanics Calvert in

game

industry. 141 Subjects put sensors on their bodies and they move, information of

their movements is transferred into computer system. 142

Another development in dance preservation began with the move away from

videotapes and toward digital media, such as DVDs (Digital Versatile Discs), CDs

(Compact Discs), and other digitized formats that are not easily damaged by repeated

playback. 143 More recently, web-based library catalogues have been established utilizing

the Internet, where anyone can access the website and search for the materials. 144

141 David J. SturmJID, "A Brief History of Motion Capture for Computer Character Animation," HyperGraph [book on-line] (The ACM SIGGRAPH Education Committee, the Hypermedia mid Visruilization Laboratory, Georgia State University, and the National Science Foundation, -2002, accessed 20 February 2004); available from http://w-..vw.siggraph.org/educati.on/materials/HyperGraph/animation/chru:acter_animarionlmotion _capture/history 1.htm.

142 Visual artists such as Paul Kaiser and Shelly Eshkar mid choreographers such as Merce Cwm:ingham and Bill T. Jones created digital dance pieces. They use three- dimensional programs with Motion Capture and create virtual dancers both in digital world on stage. Kent De Spain, "Dance and Technology: A Pas de Deux for Post-humans," Dance Research 3211(Smnmer2000): 5.

143 The Video Software Dealers Association :reported that the gross sales of DVDs in 2003 reached over $12 billion and marked a 45 percent growth from that of2002 (8.7 billion dollars). Half of American households use one or more DVD players the average number of DVD scrftv.'afe owned by a family is seventeen, which is "nearly three times number of \lHS titles bought during that format's peak year in 1996." Greg Hernandez, "DVDs Recording Big Figures; Consumer Sales Surpass $12 BiUion Last Year," Daily News Angeles, 6 January 2004, p. Bl. The number of sales of DVDs exceeded that of VHS, according to

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. began

development.

used digital media such as DVDs and

storage units can hold a large amount of audiovisual

content, something that analog-based videotapes are not able to The interactive

functions of digital media help individuals navigate large quantities of material.

Moreover, as it uses hyperhnks, Interent technology can include even more information

than DVDs and is accesible to people virtually anywhere in the and at anytime.

On the other hand, such expanded access makes it much more difficult for

Balanchine's legatees to maintain control of their properties, derivative works, and

reproductions. The use of the Interent and DVD technology can result in the production

of illegal copies of materials and unauthorized reproductions of ballets. Although these

issues were already addressed in relations to video recordings, the development of digital

Datamonitor Industry Market Research, "Consumers are attracted to DVD's high audiovisual quality, and by the number of extra features [such as web-links, multi-language choice, and nrn•aw~tw1 ncommentaries] usually included on a product" "United States - Recorded DVD & Video," Business and Industry, January 1, 2004.

144 Even some libraries and universities do not only prmd.de access to full-text documents also to images, movies, pictures, and other digitized materials on thcir web sites. A good exrunple of this is An American Ballroom Conpanion: Dance Instruction Manuals, circa 1920. (http://memory.loc.gov/runme:m/dihtml/dihome.htm1) It was created under the leadership Library of Congress. "'Drawn :from materials held various divisions of the Library of Congress, this virtual collection is the only exi&ting version of this special subject collection." Snyder, "Documentation," 12.; An American Ballroom Conpanion provides more than 200 social dance manuals. The most remarkable aspect of this project :is that this viewers can dovv:nload a lot of digital motion pictilfes of movem.ents vvith music :from this website. These movies are provided three different of prevalent compression formats such as (Jvfotio:n Picture Expeits Group) format, QuickTime format, Media ""'-'H""'-'·

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. amount

145

of the originals, it is difference between

popularization of personal computers ha.~ assisted instances of

companies developed a cryptosystem prevents people from making copies of the

DVD. However, in 1999, one European hacker group, Wiasters of Reverse Engineering,

found a way codes of DVD security systems provided a decryption

program though 146 Now pirate publishing of DVDs, as well as CDs,

;"jUzt:rrt1fe f-1'7'1/'r~·u (1990) was released as a DVD in July by NYCB, in August 2003. A M1Grsmr1mi'!r vrcKiw~oo by British Broadcasting ."! m'P'Yl•'Yn1 A/asters series by PBS. are ,,,.,,,,,,., .. ,.,,,...Dance by Judy

111F.:Supp.2d (S.D.N.Y. mmri.ro ...,..,.,, •.,2 .. Scrambling (CSS). Masters called DeCSS. Although primary OS to play mo''"'"'" \\'hereas

court

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 59

147

Internet ac-<~ess, such as cable Digital Subscriber (DSL), may go as

encourage people to download files. Recording Industly Association of America, Inc.

(RJAA) and the Motion Association of America (MPAA) are lobbying to tighten

banned making copies of digital medias even for private purposes.

to enjoin the three individuals who operated a hackers' magazine site "2600" from putting DeCSS on their websites.

147 Recording Industry Association of America, Inc. (RI!\A) claimed that "[each year], the industry loses about $4.2 billion to piracy worldwide" due to the wide-spreading practice of piracy, including peer-to-peer services and other illegal copying of compact discs (CDs). According to and Digital Media in a Post-Napster World, "Credible estimates of the fmancial of Internet movie piracy are hard to find ... Viant, a Boston-based consulting firm ... estimated that more 350,000 movies are illegally downloaded off the Internet daily." Recording Industry Association of America, Inc., Anti-Piracy, [website] The Recording Industry Association of America, Inc., 2003, accessed 28 February available from http://www.riaa.com/issues/piracy/defawt.:asp; Internet.; and Gartner Inc. and the Berkman Center for Internet & Society at Harvard Law School, Copyright and Digital i\fedia in a Post Napster World [book on-line] Harvard Law 2003, accessed 29 March 2004); available htlp://cyber.law.harvard.edulpublic:ations; Internet, 13.

143 Att:acnmg '!rnn·1-1 ..... weight to issue, the RIAA sued some of these file-sharing companies such as Napster and Kazaa, and woo the cases. However, illegal downloading music not stop. September 2003, the RIAA started targeting users and has over 1,500 lawsuits. Katie Dean, "RIAA's New Seal of Disapproval," Wired News, 19 February 2004 [magazine on-line]; available from http://wwi.v.wired.com/news/digiwood.10,1412,62335,00.html; mt~mii::~: accessed 20 February

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. It is hard to

on its ow11. Since

to use

accessibility

authorization standards .,,....,,.. ,, .... to analogue-based videotape publication, as

Chapter addition, the Tmst should DVD publishers can afford to

use brand-new technologies for Digital Rights Management (DRM) to publish DVD

products. DRl\1 is "an attempt to maintain 'remote control' over digital content" and it

can set limits "file access ... altering, sharing, copying, printing, and savmg."149

Although such DRM techniques including cryptographic technology are attacked

and broken by hackers, reliable publication companies invest in developing alternative

techniques in order to protect their products. 150

In tern1s of the Internet, the Foundation started two projects, 1vfediaText and

Balanchine Catalogue (on-line version). Through these projects, the Foundation posed

149 Mark Stamp, "Digital Rights Management: For Better or For Worse?" 1 May 2003 [magazine on-line]; available from http://vvvvw.extremetech.com/print_article/O, 1583,a=4l160,00.asp; Internet; accessed 28 March 2004: and Privacy Information Center, Digital lvfanagement and Privacy, [website] (Washington ·Electronic P1ivacy Information Center, 11 August 2003, accessed 28 March 2004); available from http://www.epic.orgiprivacy/dnn/. Internet

150 To protect their digital products from copyright infringement, some corporations use DRM technology that haims consumers' computers when they attempt to copy a work illegally. For example, 2002, Epic Sony Records used DRM technology on a Celine Dion CD so when the disc was a CD-ROM drive, the computer would crash. Ibid.; The use of copy protection technologies such as DRM is hampered by a "cycle launch-and-crack" phenomenon, that companies develop protection and hackers subsequently break code publish it on the Internet, rendering the technology useless. In response to this, "media companies and copy1ight holders have less reliance on creating unbreakable locks and more on creating offerings that are flexible enough to provide a decent level of copy protection while also ensuring that a cracked copy protection or DRi\1 technology can be easily replaced and upgraded." Gartner, Copyright and Digital lvfedia, 38.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. can on are

dancers

paying royalties.

called lvfediaText, funded the National Endowment for Arts . The

grant is being used developing a stand-alone prototype, which is on.go mg.

provides a central repository of materials to used for scholarly

purposes by students, faculty and working scholars, and (2) a set of software tools to

facilitate their research, analysis and presentation information in a time-based format

appropriate for the studies of dance. " 152 The Foundation emphasizes that this system will

provide better "accessibility" for dance educators and scholars. It includes "video, music,

music and dance scores, commentaries, photographs, prior scholarship and diaries in one

digital and integrated 'meta' collection." 153

151 According to Getting Permission: How to License & Clear Copyrighted Materials & Off, "The term "public domain' refers to creative materials that are not protected by intellectual property laws such as oopyTight, trademark or patent laws. The public owns these works, not an :individual author or artist. Anyone can use a public domain work without obtaining pennission ... There are four cormnon ways that works arrive in the public domam: expiration of copyright. .. , failure to renew copyright. .. , dedication ... , [and] no protection available: copyright law does not protect this type of work." Richard Stirn, How to License Clear Copyrighted Materials Online & Oj}"(Ber'1':eley: Nofo, 1999.) 8/2.

152 The George Balanchine Foundation, lvfediaText, [website] (New Ymk the George Ba.hmcb:ine Foundation, 2002, accessed 20 May 2003); available http://balancb:ine.org/03/mediatext.html; Internet

153 Ibid.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. awarded

approaches applicability to under many different conditions. 155 With

financial support, the Balanchine Foundation developed a unique prototype in

conjunction with the Center Education

Massachusetts Institute of Technology (MIT). Related to performing arts, the CECI is

also currently participating in the Shakespeare Electronic Archive. a collaborative project

between the MIT Literature Department and MITs Center for Educational Computing

Initiatives. 156

The Balanchine Catalogue, which was mentioned in Chapter 3 and is now out of

print, is expected to be revised and republished on the Internet. In December 2003,

Jerome Robbins Foundation awarded the Balanchine Foundation a $150,000 grant to

assist in development of on-line Catalogue. Foundation made a

154 According to NEA, "This responds to the interest orgamzations in exploring how recent advancements in tdeoommunications and computer technology cm them function more effectively, involve individuals new and more active ways wv'ith the and integrate arts more into their commmrities." The National Endowment for the Arts, 2001 Grant Awards: Resources for Change: Technology [website] (Washington DC: Endowment for the Arts, accessed 20 May 2003); available from http://wvvw.nea.gov/learn/O 1grants/Resources.hmtl; Internet

155 Ibid.

156 Center for Advanced Educational Services, Shakespeare Electronic [website] (Massachusetts: Center for Advanced Educational Services, accessed-01 October 2003); available from http://caes.mit.edu/research/shakespeare/index.html; Internet.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. contract Content Solutions, a to construct

date, dancers,

holder original publication, agreed to support this project

The Foundation is completing The Balanchine Catalogue while smcm!taIJteousi

conducting a stand-alone program for l'vfediaText. One of the reasons why MediaText is

delayed is that it contains much larger amounts of audiovisual sources. These encourage

dance companies to present unauthorized performances of Balanchine's ballets, both

smaller and larger works. As mentioned in Chapter 4, the fact that videotapes cannot

show all the dancers' movements prevents dance companies from mounting grand-scale

reproductions. However, lvfediaText provides notation scores and videos at the same time.

Notation scores can supplement the video recordings.

International copyright infringement cases will undoubtedly increase. Though the

licensing fees of Balanchine's works are reasonable, additional expenses for Repetiteurs,

especially mund4rip business class plane tickets, make it difficult for small dance

companies outside the United States to perform Balanchine's ballets. to June

Besek, legal scholar at the Columbia Law School, "legal and logistical uncertainties

could make it difficult for a copyright ovvner to obtain redress for copyright

infringements committed abroad."157 DVDs and videotapes have region codes which set

157 Besek, 13.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. not

are three

...,__..j"'"'"'Wl" and costly to sue may s1gmtica1nt difference among copyright of various nations ... even to personal

•.•. u;"'~'... U'l.•.U over the in a court might be adjudicate a case involving an interpretation of a foreign country's

The CECI can provide DRM technology in order to protect organizations from the

downloading of audiovisual materials. But since lvfediaText is on the Internet, it is

possible to set computers the dance studio and access lvfediaText several times without

ever downloading. Once the information is distributed on the Internet, tracking users and

their purposes is almost impossible without significant financial resources. Even though

the Library of Congress is currently addressing this issue, it has not yet succeeded.159

Another solution may be the Open Digital Rights Language (ODRL), one of the

DRM techniques. Instead of restricting dm,\rnloads, it can set maximum times for

playback and make it impossible to copy the original when the movie is downloaded. 160

However, this 1ype of DRM technique does into the area of fair which,

according to U.S. Copyright section 107, "include[es] such use by reproduction in copies

or phonorecords or by any other means specified by that section, for purposes such as

158 Ibid., 15.

159 Abby Smith, Why Digitize?, (Washington, · Council on Library and Information Resources, 1999) , 8.

160 Gartner, Copyright

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. is not an

162

are

these

comments regarding

\Ve are also actually aware, in part from the recent mistakes of many pioneers in the digital content and archiving area, that issues must be addressed that go beyond the mere building of the technology ... a sustainability model must be developed is realistic: in its approach to costs, rights clearance, organization and content development, as well as other complex factors. 163

Related to copyright, rights clearance is one of the most complicated issues for

many organizations trying to create digital archives - for example, libraries, museums,

and other cultural institutions. 164 Digital archives consist of multimedia works, which

"combine two or more of ... intellectual property genres in a way that itself constitutes a

new creative work. The copyright issues in a multimedia work can be overwhelming ... if

161 Electronic Privacy Information Center, Rights lvfanagement, Internet.; <>n•~·"~'- L.a.w, sec~ 107.

162 Since Copyright Act does not specify which uses are fair," even analog media a of issues related to use. For cultural and educational institutions especially and museums, this topic is becoming a major concerns because of the digital netU1mrk environment For more discussions, see following sources. Besek, Creation ofa Digital Archive, 5; Gartner, Copyright Digital Media, 4; Peter B. Hirtle, Presen:ation Copyright, [website] (California: Stanford University Libraries and Academic Information Resources, accessed 1 2004); http://fairuse.stanford.edu/commentmy_and_ analysis/2003_1 and Zorich, Introduction to Managing Digital Assets, 50.

163 The George Balanchine Foundation, MediaText, available http:/lbalanchine.org/03/mediatext.html.

164 Diane M. Zorich, A Survey ofDigital Heritage Initiatives and Their '"""'''"m~ ..... (Washington, : Council on Library and Information Resources,

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. sets,

and 166

to and negotiate holders to get

permission each smce are no "collectives or multimedia

. . . ,,167 clearinghouse that can acqms1t10n process. ·

For realistic program development, financial sustainability is also important.

Managing Assets, Diane Zorich pointed out "there is a tendency to expect that

electronic networks lead to economies of scale resulting in lower costs for users and

r:ightholders. Thus far, this belief is not being borne out "168 The development of digital

technologies is still continuing. Frequent technological innovations require additional

expenses for purchasing new software, hardware devices, and other professional

consultations. The issue related to magnetic media is an example. Catherine J. Johnson

166 Video achieves projects supported by reported that contracts related to copyrights to music is a complicated issue in order to complete projects. Brooks, Not the Last Dance [book on-line] (Washington D.C.: Dance/USA, accessed 3 June 2003); available from http://www.danceusa.org/programs_publications/articles.htm; Internet.

168 Ibid., 30.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. IS

are

a donor were to

building

must support."171 In addition, licensing for multimedia

digital materials are higher

percent more the costs of print

Media Text useful for educational future dance preservation

will also be to "search videos of complete dance performances

tormats such as Motion Picture Experts Group -rnron"'r are now to mount

or Lease? Two Models for Scholarly m:l:

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. dance-related same

,,173

so rare

pointed out "[d]igitizing these types teachers at

raw materials

ofhistory."174

benefits as well as its deficits, the alternative plan for MediaText will be a password

protected on-line digital database or a published database on CD or DVD. The primary

target for this project is not the general public, but rather scholars, students, and educators.

The Foundation has decided to set limits for accessibility protecting the Trust's interest.

Passwords or digital media such as CDs and DVDs would be distributed only to libraries,

educational institutions, and their faculties. Students can access the information inside

these institutions or through their teachers. If the Foundation can set clear limitations for

accessibility, CECI, as a project partner, can construct appropriate DIDv1 or a

password protected website for project. In addition to the CECI, partnership with

libraries such as Dance Division New York Public Library ,;vin be valuable not

only for developing technologies, also for creating materials.

173 George Balanchine F mmdation,. available from http://balanchine.org/03/mediatext.html.

174 Why Digitize?, 8.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. THE

Along

legatees to consider for future dance preservation:

"""'"""'resources, (2) relationships with the NYCB, and (3) financial sustainability.

The issue of human resources has to be addressed. The accomplishments of the

Trust and the Foundation depend on the people who had significant personal encounters

with Balanchine. The question of what will happen when these individuals pass away

must be addressed.

The Repetiteur system of the Trust will be vulnerable to damage. Bernard Taper

questioned, "[W]hether those dues can retain their meaning, and the ballets their vitality,

beyond the first generation."175 Helgi Tomasson, artistic director San Francisco

BaHet said, "The steps could be maintained, forever maybe . . . but the life will go out

them, I fear, once the generation who worked directly 1Nith Balanchine have passed on.

And what go first be the musicality, dancing on top of the music."176

The most likely options as Repetiteurs be the NYCB dancers studied

comment John Clifford, one of

176 HJ!n..·d ., "1-:J .J"2 •

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. seems to support

.,..,,,.,.,,..,.1,, express their concerns over the way

uu•A'VU.•J". Balanchine, what they're really is they want be the same way were when Balanchine was alive. But we can't do that We can try, we can do the best we can. but we'H never get to What's at stake is keeping these ballets rehearsed, and true - or as as they can be. That's what the [T]trust aims to do. 178

Under such conditions, the issues for the next generation of Repetiteurs cannot be

resolved easily. However, as far as passing down Balanchine's ideas behind the pieces,

videotapes could indeed be useful tools, as demonstrated by the Foundation's projects.

Currently, there is not enough effort made in documenting latest version of

Balanchine's works by either the Trust or the Foundation. The main concern of the

Foundation's video project is the productions which are in danger ofloss forever or

which have changed from older versions. 179

can ask Foundation to

ex1:iari111 existing projects, in order to create new video archives for future Repetiteurs.

177 Taper, "Choreographing the Future," 31.

118 Fla.tow wThe Balanchine Trust," 61.

179 Balanchine Celebration was presented by the NYCB 1993. NYCB found out that only seventy-three works out of over 400 works were available to be performed since remained only previous dancers' memories. "Balanchine's Will," 30.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Video

only for rehearsal purposes, and the has the rights use these mate1ials. 181

idea seems to require a relatively small amount of investment, the problem remains

the quality of the camera and the tapes used. The Trust needs to provide a practical

guideline for video production for dance companies.

In addition to Repetiteurs, administrative human resources issues be crucial

for the Trust the Foundation. Though Barbara Horgan''s administrative

responsibilities in both organizations were given to Lourdes Lopez (the Foundation) and

Beth Barbre (the Trust), her experience is still important for preserving Balanchine

legacy. Horgan is serving as Chair of Board of Directors for the Foundation and General

Partner for the Tmst. As Bernard Taper said, "[Barbara Horgan is] one of the most

powerful people in world of ballet today."182 Nancy Reynolds is also important

the Foundation's projects. She is still working on Video

mo Reynolds, "Two Worlds of Balanchine," 126.; Jerome Robins and Tmna:ra Tommanova, who promised to help F mmdation to recreate Balanchine's works, passed away before doing actual projects.

m The George Balanchine Trust, "License and Service Agreement," article 2.

182 Taper, "Choreographing the Future," 29.

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to ma:mtam .,..,,.,,..., ....

SltlllltJlOll COWd cause -~··~·,.,~··v similar to those n-.un..-.:nuw

Graham disposed to ~l"j,!,)1 1'!(1 Foundation for

Contemporary Dance, she became 1956,as the Federal District

Court 2002. 183 Consequently, her created 1956 were not

inheritable as oVrn properties by .. ,._..,'llM'''"' Protas, who was appointed as the heir in

Graham's will. 184 In late 1980s, advised the NYCB's Board of Trustees that

Balam::hine could :not considered as an employee, but was a donor based upon judicial

precedents. contrast to Graham case, the case Balanchine legatees never

went to that the NYCB did not sue fourteen individual Balanchine 1egi~:cee:s.

However, 1ssue was never NYCB pursue

a case agi:amst after precedent was set the

case.

Maintaining a relationship with NYCB financially

the expenses, as menmone:a. in Chapter However,

Inc. v. of Conternpormy

" Times, September

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more it

sources: )

and donations.

The of the endowment is the largest revenue source. 2000, of the

endovvrnent constituted percent of the Foundation's revenue; in 2001, 53 percent. 186

the Foundation keeps depending on this revenue, it will not be able to continue programs

much longer. The Foundation must consequently continue to develop fundraising projects.

Since current fundraising efforts are limited but efficient, the Foundation seems to have a

potential to increase its income. 187 addition, it is important for the Foundation to create

programs, as membership programs, which can provide income for the organization.

185 Especially after 2000, Foundation added several new programs, along with the existing ooes such as The Archives. started in 1999, work on Popular Balanchine was began in earnest in 2000. The Foundation also started1'v:fusical and . Because of these new programs, expenses for programs services and management general increased from approximately $300,000 to over $600,000. Tue George 990," (1998); The George Balanchine Fom1datkm, "(1999); ~fhe George Balanchine Foundatio~ 990," (2000); The George Balanchine Foundation, "Fonn 990," George Balanchine Foundation, "Form 990," (2002).

186 Ibid.

1 7 & Ibid.; According to financial statements, each year the Foundation about 11 percent of total amount of contributed income for fund.raising. Ke.."'Ping its efficiency, the Fmmdation seemed to make more efforts for from 2001. Contributed income and 2002 became more than 1998, 1999, and 2000. 1998 to 2000, the average contributed income was $82,157, while it became $185,500 $199,392 2002.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. now, videotapes,

choreographic

guideline for other choreographers to preserve their own legacies.

The Balanchine Foundation has established a historic preservation model

choreographic works. The Foundation's programs show many different aspects of

Balanchine as a great choreographer. Since dance itself is not a tangible fixed art form,

the Foundation gets the most out of video recordings, from which it develops its visual

collections. These programs were created based upon a great deal of..,,...,,,""·'"" .. research.

The Foundation cultivated partnerships with the Dance Division of the New York Public

Library and Dance Heritage Coalition. They help the Foundation expand distribution

channels to other educational institutions the general public.

Trust established itself as a sort of collective intellectual property

management organization. It provides benefits legatees dance companies, as well

as preserving the quality of Balanchine's baUets. Centralized copyright management can

legatees such as negotiation fees, royalties, contents of agreements,

monitoring type of

management and administration also "decrease[s] both costs and risks" of individual right

188 The George Balanchine Video Achieves, Kn1n•u"'""~,,Lectures, 30 Years Russe De Monte Carlo, and Popular 1:5a11an1r:tmw free for users.

Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 189 can a central mechanism [, lS

anew

technologies

help develop new tools for dance they also cause new legal issues. Along

the existing partners and advisors, the Trust and the Foundation need to cultivate

new partnerships with specialists in this area including CECI, and collective intellectual

property organizations specializing digital technologies.

The copyright protection to Balanchine's works will not last forever. It will expire

2053 and fall into the public domain. The preservation methods of Balanchine's

choreographic works will enter a new phase. Tue question of how his works should be

preserved in the public domain and how next-generation technologies could be applied

for preserving choreographic works must be addressed by future researchers.

189 Zorich, Introduction to Managing Digital Assets, 72.

190

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'"Reliquaries." February 1996, 31-35.

is Balanchine Worth Today?"

Arcomano, Nicholas. «Choreography and Copyright, Part One." Dance }vfagazine, April 1980, 58-59.

_____."Choreography and Copyright, Part Three." Dance ,Magazine, June 1980, 62-63 .

-----. "Videola\v." Dance lvlagaizne, August 1980, 46-47.

Aroldingen, Karin von. "Karin von Aroldingen" In I Remember Balanchine, ed, Francis Mason, 495-503. New York Bantam Doubleday Dell Publishing Group, Inc., 1991.

Ashley, Merrill and Suki Schc»rer. Balanchine Essays: Arabesque. Produced by the George Balanchine Foundation, Inc. and Tatge/Lasseur Productions, Inc. Directed by Merrill Brockway. 45 New York: Warner Vision Entertaimnent, 1994. Videocassette.

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The Benesh Institute. The ofthe Benesh Institute. [Website] Available from http://vvvvw.benesh.org/history.html. Internet. Accessed 4 April

Besek, June M. Copyright Issues Relevant to Creation Digital Archive: A Preliminary Assessment. Washington D. C.: Council on Library and Information Resources Librmy of Congress, 2003.

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The Dance Notation Bureau. A Catalogue 1\Totated Theatrical at Dance Notation Bureau: Part · and Index. [Book New York: The Dance Notation Bureau, 2004, accessed 20 February 2004. Available http://dancenotation.org/DNB/library/pd£1NTD_ 2004. pdf Internet.

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New York

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-----. "Balanchine For 30March sec. p. 8. Freese, "Dance Preservation: Report from the Field." Dance View, """'',_.,.,,.1994-5, 9-

Garafola, Lynn. "Dance for a City: Fifty Years New York Ballet." In Dance a Fifty Years ofthe New York City Ballet, ed. Lynn Garafola and Eric Foner, 1-52. New York: Columbia University Press, 1999.

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_____.The George Balanchine Foundation Archives [Website] New York: the George Balanchine Foundation, 2002. Accessed 6 September 2003. Available from http://balanch:ine.org/03/gbfvideoarchives. html. Internet

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Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission.