Archive for the ‘Contracts’ Category

THE TRIALS AND TRIBULATIONS OF A TRIBUTE BAND

Wednesday, September 6th, 2017

By Brian Taylor Goldstein, Esq. We hope everyone had a great summer. Sorry we haven’t posted in a while, but we’ve been a bit “pre-occupied” with in the world of artist visas. It seems something changes every time Trump breaks wind. So, let’s take a break and go address two completely non-visa related questions that […]

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IS SXSW Being Opportunistic of Oblivious?

Friday, March 3rd, 2017

By Brian Taylor Goldstein The following situation was recently brought to our attention and we felt obligated to comment: http://www.avclub.com/article/sxsw-threatens-international-artists-deportation-p-251394?utm_source=facebook&utm_medium=ShareTools&utm_campaign=default https://www.theguardian.com/culture/2017/mar/02/sxsw-immigration-told-slant-contract-trump-travel-ban http://www.rollingstone.com/music/news/sxsw-responds-to-artist-immigration-controversy-w470167 Since this issue arose, the festival’s Managing Director has issued multiple “updates” and “clarifications” that are disingenuous or, at best, ill-informed. First, he contends that the contract provision regarding non-work visa violations is […]

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Can A Union Walk Away With My Contract?

Tuesday, November 29th, 2016

By Brian Taylor Goldstein, Esq.     Dear Law and Disorder:  Is it legal that a presenter can put “strike, lock-out or other labor controversy (including, without limitation, the picketing on the theater by representatives of any labor union having or claiming to have jurisdiction over theater’s employees” into a force majeure clause? I mean, […]

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Termination For Convenience

Thursday, April 28th, 2016

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I recently received the following clause from a performing arts venue in a contract they sent: TERMINATION FOR CONVENIENCE: Either party may terminate this Agreement at any time upon written notice to the other party. If this Agreement is terminated before the performance, the University shall […]

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Dodging A Bullet With A Contract

Thursday, March 31st, 2016

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: I am a classical concert pianist and booking representative for my small ensemble. I just finished the negotiation of a performance contract with a presenter and, unfortunately, we could not reach an agreement. In my three years of working as a self-presenting artist, it was […]

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Gambling With Contracts

Thursday, March 17th, 2016

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: We had an artist leave our roster who is now refusing to reimburse us for expenses we incurred on her behalf. We charge all of our artists a flat monthly fee to cover expenses, but this particular artist refused. So, we agreed to reimburse ourselves […]

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It’s Time To Set Your People Free!

Wednesday, February 3rd, 2016

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: What would be your response to an artist who re-books themselves in venues that an agent previously booked for them? Is that legally allowed? We booked this particular group to a major venue 2 years back and now they have re-booked themselves at this same […]

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Press “Pause” On That Recording

Thursday, October 29th, 2015

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder In reviewing an engagement contract for one of my artists, I was surprised to see that the presenter wants the right to record the artist’s performance as a “work-for-hire”. The Presenter says that this is a standard requirement and also that its reasonable because my […]

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Paying By the Numbers

Thursday, October 15th, 2015

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: A presenter is refusing to pay one of our artists who has an O-1 visa, but does not have a Social Security Number. Does a foreign artist who is performing in the U.S. under an O-1 also have to get a Social Security number in […]

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When Is A Plumber Worth More Than A Violinist?

Thursday, July 9th, 2015

By Brian Taylor Goldstein, Esq.    We spent a lot of money making a CD to promote our orchestra. Now the composer’s publisher wants mechanical royalties. I just don’t understand why I have to pay mechanical royalties for a CD I am not selling, just giving to donors. Doesn’t the Composer want people to listen […]

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