Archive for the ‘Contracts’ Category
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
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