THE MALET STREET GAZETTE

EST. 1998

1858-2008

University of London External Programme 150th Birthday Events

Editor

Barrister Desk

MSG Past Articles

Book Reviews

Contact MSG

Home

 

Earn Your University of London LL.B Degree Online with ICLS

ICLS LL.B. Review Weekend (Toronto) April 19th-20th
Click Here for Details

 

 

America’s Borders: Closed to Cultural Exchange

by Alistair Henning*

Those of us who’ve traveled to the United States since September 11, 2001  have found the experience more and more negative with the seemingly  never-ending addition of restrictions on Canadians’ access to the country  with each passing season. That’s nothing, though, compared to the inner  circle of hell Canadian bands get consigned to, should they dare to wish  to perform for money within the boarders of our southern neighbors.

Officially and ideally, artists wishing to perform in the United States  and make money for themselves and others need to get one of a class of  several types of work visas. The application fee for these visas isn’t  much – usually around $100. But, as more and more people are being  required to have permits to enter the ‘States and the same agencies  process all the requests, bands’ applications normally now take four or  more months to process. Which is a problem, because most bands arrange 
their tours about two months in advance. So the bands’ visa applications  end up needing to be ‘expedited’, which loads fees of $1,000 or more onto  touring expenses which even otherwise make it tough for bands to break  even.

It’s unsurprising, then, that many Canadian bands try to enter the United States without declaring their intention to perform publicly for money there. Vancouver-based electro group You Say Party We Say Die! (YSPWSD)  tried this approach; it didn’t work for them. In fact, not only did the 
group not get into the United States to tour with Thunderbirds Are Now as planned, but at least one member of their group, bassist Stephen O’Shea, has been banned from entering the United States for five years.

Rob Krause from Smallman Records says such experiences are increasingly common: “It used to be that you could have a letter from a studio/label in  the U.S.A. saying you were recording in the U.S.A., and that would be  enough. Since 2001, that doesn't really work. You can still try, but I 
think you're going to be thwarted. So you have to go the legit route.”

But even that seems to be no guarantee: having heard the horror stories, Calgary genre-bending hip-hop crew LuciDream decided to go legit: “We had  heard the border horror stories from other bands, stories of being  detained for traces of marijuana and banned for traces of dishonesty, so 
we made a point of doing homework before attempting to cross into the  USA.  There were disgusting amounts of work that went into the planning of  this tour, so we couldn’t take any chances.”  So in the months prior to  their American expedition, LuciDream contacted everyone they could think 
of who might shed some official light on what they needed to do to ensure  their entry, including the Border Patrol, Canadian musicians’  associations, and the Canadian Chamber of Commerce. To their surprise,  when they got to the border itself, LuciDream were told that they needed a  further piece of documentation, and consequently would be unable to enter  the United States to play the first performance of their tour, scheduled  for later the same day, or in fact to enter for any for their twenty-five tour dates!

After several hours’ detention and non-stop begging and pleading,  LuciDream were finally allowed to pass. But if they had trouble, and  thought they’d done everything right, it’s no wonder increasingly few bands may get through. The end result? Stephen from YSPWSD sums up their  unfortunate experience: “Touring the ‘States isn’t a Canadian band’s number one priority -- touring Canada is. But the next logical place to tour is the ‘States. As a small indie band in Canada, not touring the 
states is pretty much a career killer. We are really disappointed by it.  We would love to tour there still, but it just isn’t possible and that is sad. Without Europe, we would be severely handicapped!

“Talented bands get recognized everywhere else in the world; the ‘States are focused on themselves. If the ‘States lose anything by not letting more bands in, it’s perspective on the rest of the world.”

Jordan from LuciDream agrees: “Every city in the world seems to be  operating within its own musical bubble.  … The states is losing out by excluding Canadian bands. Rarely does any genre or scene evolve without an outside influence stepping in and leaving its mark. And like Einstein said 
about human personalities the same can be said about music, that when two  genres or influences collide there is a reaction that leaves both genres forever changed.”

*Alistair Henning, B.A., A.R.C.T., L.T.C.L., M.A., divides his time and  work between art and commerce. He is experienced in commercial and  residential real estate leasing, sales, and management. As Mike Pathos, he 
DJs, has been published as a writer and photographer in many print and  online publications including The Village Voice, BeatRoute, Chart, and The Wire, and released a solo artist CD on John Zorn’s Tzadik music label. He 
expects to complete his University of London LL.B. in 2008."
 

Reprinted with express permission from Alistair Henning



 

 

View news headlines at MSNBC

     The Malet Street Gazette, Inc. is not a substitute for obtaining legal advice, and no one should rely on the information contained in the Gazette. The views and posts published on this website and the Malet Street Gazette Discussion Board are not expressions of the Gazette's management or editorial policy and do not necessarily reflect the Gazette's opinion. The Malet Street Gazette, Inc. accepts no responsiblity for the accuracy of any statement made herein, and all readers/visitors are advised to check the facts for themselves and not rely on statements made herein.  The authors and publishers accept no liability in relation thereto. The areas of law discussed are particularly fast-moving, and legal issues develop on a daily basis. The up-to-date position should always therefore be checked. The Malet Street Gazette is not connected nor officially sanctioned by the University of London.

Copyright©1998-2008 The Malet Street Gazette, Inc.