Archive for the ‘Contracts’ Category

Don’t Be Shy About BMI

Wednesday, March 25th, 2015

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Hypothetical: A theatrical production company would like to produce a tribute musical production to a songwriter using only the songwriter’s music being performed by the cast of the production. The production would be held at a community theater which is not licensed by ASCAP or any […]

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The Damaging Truth About Cancellation Damages

Thursday, March 12th, 2015

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: A presenter wants to breach our engagement contract by cancelling. Our cancellation clause says that, in the event of cancellation, we get 50% of the engagement fee or actual damages. They are offering 50%, but at this stage want the full fee. If you have […]

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The Divine Right To Cancel

Thursday, February 12th, 2015

By Brian Taylor Goldstein, Esq.    We were in the process of booking one of our singers with an orchestra, when we encountered the following Force Majeure clause in the orchestra’s contract: “If, as a result of any event beyond the control of the Orchestra, including, but not limited to, war, national calamity, strike, labor […]

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Presenting: What’s In A Name?

Thursday, December 18th, 2014

By Brian Taylor Goldstein, Esq.    I work for a small performing arts organization which performs each year in a tax-payer funded, non-traditional space. The venue makes itself available for rental as an event space. In the past, we have been allowed to pay them a reduced rental rate in exchange for a full-page ad […]

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“Leave Here and You Die!” Unenforceable Non-Compete Agreements

Thursday, November 13th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: The management company where I work has asked me to sign a non-compete agreement saying that, if I ever quit or am fired, I would be prohibited from working as a manager or agent anywhere in the world for one year after I leave. The […]

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Whose Lawsuit Is It Anyway?

Thursday, October 30th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: I’m dealing with a presenter who wants to cancel two weeks out due to poor ticket sales. While it’s not a huge engagement fee, my artist has already contracted its performers and paid out expenses for the date as its part of a bigger tour. […]

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When Non-Payment Is A Crime

Wednesday, September 24th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder Our group got a bad check from a venue for a performance. We called them and they sent us a new check, but that bounced, too. Now they won’t return our phone calls. Is there anything we can do? Many venues, especially smaller non-profits, wrongly […]

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Opening Pandora’s Box

Thursday, September 4th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: Loved your recent Musical American newsletter article on ethics.  As a manager, I was very interested when you wrote: “Indeed, the time is long overdue to start considering changes to the long standing paradigms and business models between managers and artists that, for many reasons […]

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Is Ethics Only In The Eye Of The Beholder?

Thursday, July 17th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: An artist we have been representing for over 10 years just told us that he is leaving our roster and will be joining the roster of another management company. We didn’t have a written agreement, but we’ve never needed one as we’ve always believed that […]

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When Is A “Work For Hire” Not A “Work For Hire”?

Thursday, July 10th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: An orchestra commissioned one of our artists to make an arrangement of a work for them to perform. We agreed that it would be a “work for hire.” Now, the orchestra wants to record their performance of the arrangement and has come to us asking […]

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