Archive for the ‘Contracts’ Category
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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Tags: act of god, administrative staff, artist, board member, board members, breach, breach of contract, cancellation, cancellation clause, Contracts, judgment, lawsuit, performer, poor ticket sales, presenter, reputation, venue
Posted in Acts of God, Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Venues | Comments Off on Whose Lawsuit Is It Anyway?
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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Tags: agent, artist, Brian Taylor, cancellation, debts, Goldstein, judgment, lawsuit, Liable, money, payment
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability | Comments Off on When Non-Payment Is A Crime
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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Tags: agent, artist, Brian Taylor, commissions, engagements, Goldstein, management company, manager, Paradigm, personal services, presenter, risk, Tour, venue, work, young artist
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division | Comments Off on Opening Pandora’s Box
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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Tags: agent, artist, artist manager, attorney, breach, Brian Taylor, commissions, contract, Contracts, contractual provision, engagement contract, Goldstein, lawsuit, legal obligations, Liable, management company, payment, poor ticket sales, presenter
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division | Comments Off on Is Ethics Only In The Eye Of The Beholder?
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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Tags: artist, Brian Taylor, composer, Goldstein, license, mechanical license, music, orchestra, permission, royalties, royalty, work
Posted in Artist Management, Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Publishing, Recordings | Comments Off on When Is A “Work For Hire” Not A “Work For Hire”?
Thursday, June 19th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We have booked one of our artists to perform at a venue. As we are the agent, our booking agreements are always between the venue and the artist, and we sign on the artist’s behalf. However, the presenter is insisting that, if we want to […]
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Tags: agent, Agreements, artist, booking agreement, breach, breaches, Brian Taylor, contract, damages, fiduciary duties, Goldstein, Liable, manager, payment, presenter, risk, university, venue
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Venues | Comments Off on But I Don’t Want To Be A Producer!
Thursday, June 12th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A longtime friend who is also a very successful artist who I greatly respect, asked me to do a project with him. He sent me a contract, but it doesn’t cover things like when and how I get paid. I want to mark up the […]
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Tags: artist, attorney, breach, breaches, Brian Taylor, contract, Contracts, exclusivity, Goldstein, insurance, lawsuit, lawyer, license, music, negotiation, presenter, promoter, recording, risk, visas, work
Posted in Acts of God, Agents, Artist Management, Arts Management, Contracts, Copyrights, Insurance, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Presenters, Publishing, Recordings, Taxes, Touring, Venues, Visas | Comments Off on The Lost Art of Negotiation
Thursday, May 15th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder I had a signed agreement with a promoter to present my artist. The contract provided for two deposits and a final payment on the day of the performance. I worked for over a year with this promoter to put this deal together. Not only did […]
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Tags: artist, breach, breaches, Brian Taylor, contract, Contracts, engagements, Goldstein, insurance, judgment, lawsuit, manager, money, negotiation, payment, presenter, promoter, relationships, risk, work
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Presenters | Comments Off on The Hogwarts School of Contracting and Wizardry
Thursday, May 8th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I recently received an RFE for a group touring the US this summer. The group is represented by a European manager who books their dates, but our US management company has previously filed petitions for them in the past, all of which have been approved […]
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Tags: agent, Brian Taylor, California, contract, engagement contract, engagements, Goldstein, immigration, interpretation, manager, petitioner, petitions, presenter, rfe, Tour, united states citizenship and immigration services, uscis, venue, visa petition, visa petitions, visas, work
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Touring, Visas | Comments Off on The Invasion of the Visa Examiner Body Snatchers Continues! (aka “The Day The Visa Process Stood Still”)
Thursday, May 1st, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: If a hypothetical rental company is hired, either by a venue or by the client using a venue, to supply the sound and/or video system for a corporate, non-profit or association event; and this hypothetical rental company is asked to provide “top 40” music to be […]
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Tags: ascap, bmi, Brian Taylor, CD, copyright, copyright infringement, damages, Goldstein, hotels, lawsuit, Liable, license, Licensing, necessary licenses, performance license, performance rights, proper licenses, risk, sesac, venue
Posted in Artist Management, Arts Management, Contracts, Copyrights, For Profits, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Recordings, Venues | Comments Off on Hypothetically Speaking About Liability