Archive for the ‘Contracts’ Category
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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Tags: agent, artist, bookings, breach, contract, Contracts, judgment, manager, presenter, venue
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Venues | Comments Off on It’s Time To Set Your People Free!
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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Tags: contract, engagement contract, excerpts, marketing, music, ownership, presenter, recording, release, work
Posted in Artist Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Music Rights, Recordings | Comments Off on Press “Pause” On That Recording
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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Tags: artist, contract, contractual provision, engagement contract, engagement fees, immigration, immigration law, irs, ITIN, money, presenter, SSN, tax obligations, tax return, university, venue, work, work authorization
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Taxes, Touring, Visas | Comments Off on Paying By the Numbers
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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Tags: artist, ascap, bmi, CD, commission fee, commissions, composer, composers, composition, entertainment industry, license, mechanical royalties, money, music, musician, orchestra, performance license, performer, playwright, recording, royalty, sesac, work
Posted in Contracts, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Presenters, Publishing, Recordings | Comments Off on When Is A Plumber Worth More Than A Violinist?
Thursday, May 28th, 2015
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Every time someone sends us a contract, its always a lengthy document with lots of legalese that no one understands. Is there anything wrong with having a simple, one page agreement that everyone can easily understand and will sign? A lot of people mistake “legalese” […]
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Tags: agent, assumptions, attorney, commissions, contract, Contracts, copyright, damages, dispute, engagement contract, excerpts, lawsuit, lawyer, license, presenter, recording, Tour, venue, visas
Posted in Agents, Artist Management, Arts Management, Contracts, Copyrights, Insurance, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Presenters, Touring, Venues | Comments Off on Understanding Legalese
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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Tags: ascap, bmi, composer, composers, dramatic license, Licensing, necessary licenses, performance license, performer, sesac, songwriter, venue, work
Posted in Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Presenters, Publishing, Venues | Comments Off on Don’t Be Shy About BMI
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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Tags: breach, cancellation, cancellation clause, contract, Contracts, damages, engagement contract, engagements, losses, presenter, risk, Tour
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Touring | Comments Off on The Damaging Truth About Cancellation Damages
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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Tags: acts of god, artist, cancellation, cancellation clause, cancellation fee, contract, Contracts, damages, engagements, flood, force majeure, negotiation, poor ticket sales, storms
Posted in Acts of God, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Non-Profits, Presenters, Venues | Comments Off on The Divine Right To Cancel
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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Tags: cancellation, distinction, interpretation, marketing, negotiation, presenter, publicity, venue
Posted in Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Presenters | Comments Off on Presenting: What’s In A Name?
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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Tags: agent, Agreements, artist, artist management, contract, Contracts, engagements, lawsuit, management company, manager, negotiation, New York, presenter, work
Posted in Agents, Artist Management, Contracts, Employees, Law and Disorder: Performing Arts Division | Comments Off on “Leave Here and You Die!” Unenforceable Non-Compete Agreements