n NEWS & VIEWS Legacy and lawsuits Local 802 does its part to preserve the history of the Philharmonic

negotiated by its prior CEO that the or- ended in the middle of the concert, much ment with the Brooklyn Public Library chestra could not rightfully support dealt to the composer’s chagrin. That suit was that will permit Local 802 members to it a glancing blow that ultimately it could ultimately settled, but in 2015 Mr. Cur- rent music from the Brooklyn Philhar- legal not recover from. In 2013, the rier initiated a federal lawsuit against monic collection at preferential rates. corner stopped performing. That year, Crain’s Local 802 to acquire the right to use an The Brooklyn Philharmonic still owes harvey mars, New York Business reported that the archival recording that the orchestra had $95,000 to Local 802 for unpaid health esq. Brooklyn Philharmonic was on the verge made of the 2004 performance. benefit contributions. But the orches- of bankruptcy and that it was actively The orchestra, in the winding down tra has agreed to assign to the union all seeking merger partners who could in- of its affairs, gave Local 802 the abil- residual payments it had been receiving Harvey Mars is counsel to Local fuse cash into the venerable institution ity to settle that suit. It assigned Local from Warner Music for recordings that it 802. Legal questions from members to keep its doors open. Crain’s also not- 802 the right, title and interest of the had released while the orchestra was still are welcome. E-mail them to ed that in its last season, the orchestra “Gaian Variations” recording. With the active. While it is not expected that these HsmLaborLaw@HarveyMarsAttorney. undertook novel approaches to attract assistance of the AFM’s electronic me- assignments will garner a large amount com. Harvey Mars’s previous articles greater audiences. For instance, it uti- dia division, we settled with Currier by of money to offset the debt the orchestra in this series are archived at www. lized the talents of hip hop artist Yasiin permitting him to sign the AFM Internet owes us, it will still provide an ongoing HarveyMarsAttorney.com. (Click on Bey (formerly known as Mos Def) as its Agreement. This settlement will give payment. Additional archival recordings “Publications & Articles” from the top artist in residence. The New York Times Mr. Currier the ability to stream his re- will be donated to . menu.) Nothing here or in previous praised the orchestra’s efforts to “meet cording for the next seven years. The Brooklyn Philharmonic was a his- the needs of its audiences in a way that Furthermore, the Brooklyn Philhar- toric icon among freelance . It articles should be construed as formal has been truly inspiring.” Despite this, monic has assigned to Local 802 the will be sorely missed. However, I am happy legal advice given in the context of an the economic burden placed upon the rights to its complete music library, to acknowledge that Local 802 has done attorney-client relationship. orchestra as well as the harm inflicted which consists of over 50 boxes of music. its part in preserving some small piece of on fundraising efforts due to revela- Local 802 will be entering into an agree- the Brooklyn Philharmonic’s legacy. tions about criminal charges previously he Brooklyn Philharmonic brought against the orchestra’s former Orchestra has had a long and CEO led to the revelation that the orches- storied history. It traces its roots tra was simply incapable of surviving on Tback to the Philharmonic Soci- its own. It engaged in a valiant effort to ety of Brooklyn, which was formed in find a merger partner, but efforts failed. 1857. In 1954, the current orchestra was Local 802 tried to help the Brooklyn created by Julius Bloom, the director of Philharmonic stay alive. In 2011, I agreed

the Brooklyn Academy of Music. Since to represent the orchestra in litigation o ni c that time, the orchestra has had notable (once I had secured conflict of interest music directors – including Lukas Foss, waivers from Local 802). Composer Na- and Michael Christie. In than Currier had sued the orchestra in its prime, the Brooklyn Philharmonic state court on a breach of contract claim. was considered “one of the most in- The details of that suit (which I wrote novative and respected symphony or- about here in my July/August 2013 col- chestras of modern times,” according to umn) concerned a 2004 performance of orchestra biographer Maurice Edwards. Mr. Currier’s extremely long composi- However, in more recent years the tion “Gaian Variations.” The piece was so klyn P hilha r m ve S an der s © Broo klyn

Brooklyn Philharmonic fell upon hard long that the composer literally ran out Da times. Encroaching infrastructure de- of money – he couldn’t afford to pay the The Brooklyn Philharmonic (pictured above at an outdoor concert in 2012) has wound mands and contractual commitments musicians overtime, so the piece simply down its operations. Local 802 is helping the orchestra handle some of its affairs.

March 2017 | Allegro 31