American composer Primous Fountain is suing the New World Symphony for breach of contract and racial discrimination related to the cancellation of a performance of his works by the Miami Beach orchestra.
The composer, self-taught since the age of 15, had planned a “historic” concert with Michael Tilson Thomas, founder and former music director of the New World Symphony. The concert, entitled “Primous Fountain: An American Original,” was never realized.
Tilson Thomas passed away in April of this year due to an aggressive form of brain cancer.
The concert would have been the first time Fountain’s work had been performed in the United States in over 40 years. As a composer of nine symphonies plus 15 other orchestral works, Fountain alleges that the concert was canceled without reason.
“We were continually working, planning towards this concert for two years,” said Fountain. “There was an implied agreement, an explicit agreement and an oral agreement.”
After his diagnosis of Glioblastoma Multiforme in 2021, Tilson Thomas stepped down from his role as artistic director of the New World Symphony in March 2022, a month before Fountain’s concert was scheduled for April 16 of the same year. Following the change in leadership, Fountain requested two alternate conductors for the performance, which NWS determined to be “unfeasible,” according to court documents.
When approached with a request for comment, NWS’ attorney Joshua Munn disclosed that neither NWS nor the counsel are authorized to speak on the litigation. However, certain documents have been sent to The Miami Times by Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A., on behalf of NWS, which are part of the public record.
“Plaintiff falsely asserts... that Defendants never provided any explanation for cancelling the concert of his music,” reads Document 95 of the case, filed on behalf of the defendants by their legal counsel. “In fact, Plaintiff knew the but-for cause was Michael Tilson Thomas’s brain cancer diagnosis and treatment, which prevented him from preparing for and conducting a full performance of Plaintiff’s compositions.”
The performance of Fountain’s work was in a sort of scheduling limbo following the postponement of the original date. Fountain proceeded to send two demand letters to NWS. According to Fountain, the organization responded to neither, after which he brought on the present lawsuit.
“This concert would have been a testament to what other Blacks could do,” Fountain told The Miami Times. “The name of the concert is ‘American Original.’ First, it [was] a concert entirely of the music of one composer. That's very rare in the U.S. and in Western Europe. And then to give that title, you know, ‘American Original,’ I mean, that's major.”
Fountain began composing in Chicago during high school after joining the high school band. His first instrument was the trumpet, followed by the bass. He began a jazz group with Michael Davis, a trumpet player who would later be known as part of the Chicago funk group Earth, Wind & Fire.
Fountain was discovered by Earl Calloway, longtime arts editor for the Chicago Defender, the last Black daily newspaper in the nation. Through his relationship with Calloway, Fountain was introduced to 28-time Grammy award-winning American record producer Quincy Jones. The two pursued an agreement, and as a result of their relationship, Fountain’s symphony entitled “Manifestation” was performed by the Chicago Symphony Orchestra around 1970. This was the debut performance of Fountain’s work.
“I had no performances of my work when Quincy developed interest in me,” said Fountain. “I was just composing because that's something I just wanted to do. They saw something else in those works. Now I look at it; those are some very excellent works. But I wasn't thinking about that.”
On July 23, legal counsel for the New World Symphony filed a request for court dismissal of Fountain’s complaint of racial discrimination. The request was granted, but according to Munn, Fountain refiled the complaint after the dismissal.
Fountain is now seeking a reassignment of the judge. With this suit, he aims to secure the concert with NWS or fund his own.
“If a case like mine succeeds... it sends a real signal to other people, organizations, and major American orchestras, that offering something this significant or making commitments to a Black person, then quietly walking it back without consequence, isn't cost-free,” wrote Fountain in a statement to the Times. “It further builds self-esteem in Blacks, and confirms even further what we are capable of, that we excel in every area of life. It shows how we can assist, elevate, motivate, and inspire one another...”
“They will see further that we not only create great hip hop music, great pop music, great jazz, great football, basketball players,” continued Fountain, “but we are inventors, long suffering to achieve, great minds, great writers, but we also create great symphonies.”
