Archive for the ‘Contracts’ Category
Wednesday, November 14th, 2012
By Brian Taylor Goldstein, Esq. No sooner had Super Storm Sandy begun crashing into the East Coast when my phone started ringing with cancellations. The most common question went something like this: “The presenter needs to cancel, but they already paid a deposit. Do we have to give it back? What the protocol?” The second […]
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Tags: act of god, acts of god, artist, Brian Taylor, cancellation, cancellations, Contracts, contractual provision, damages, flood, force majeure, Goldstein, injury, Liable, payment, poor ticket sales, presenter, unforeseen event
Posted in Acts of God, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Touring | Comments Off on Not Even God Can Act Without A Contract!
Tuesday, October 23rd, 2012
By Brian Taylor Goldstein, Esq. I own the video footage of a performance by a dance company. Recently, I learned that another choreographer purchased a license from the dance company to recreate and perform the same work. However, they used a copy of my video to help in recreating the choreography. In other words, they […]
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Tags: Brian Taylor, choreographer, choreography, contract, copyright, creative works, dance, dance company, Goldstein, license, Licensing, ownership, performance rights, permission, playwright, royalty, video footage, videographer, videotape, videotapes, work
Posted in Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Recordings | Comments Off on Can They Dance Away With My Copyright?
Tuesday, October 9th, 2012
By Brian Taylor Goldstein I just got a notice that a venue where I booked one of my artists is closing. I have a written engagement contract that was signed by the venue over a year ago. The notice I received says that they have run out of money and are cancelling their season. Can […]
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Tags: agent, artist, attorney, breach, Brian Taylor, cancellation, cancellation clause, contract, contract law, damages, enforceable contract, engagement contract, Goldstein, judgment, lawsuit, losses, money, Non-Profits, venue
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Non-Profits, Presenters, Venues | Comments Off on They Can’t Do That To Me!
Wednesday, September 26th, 2012
By Brian Taylor Goldstein I run a small management company. In addition to our commissions, we bill our artists monthly for their share of expenses (conference fees, publicity materials, etc.) One of our artists is now refusing to pay unless we provide her with an itemization of expenses. Do I have to give her one? […]
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Tags: agent, artist, bill, bookkeeping, Brian Taylor, contract, disclosure, Goldstein, itemization, management company, manager, reimbursable expenses, unreasonable request
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division | Comments Off on What Are You Trying To Hide?
Tuesday, September 11th, 2012
By Brian Taylor Goldstein THIS WEEK’S BLOG IS BEING WRITTEN FROM THE MIDWEST ARTS CONFERENCE IN GRAND RAPIDS, MICHIGAN WHERE ROBYN AND I ARE TEACHING SEMINARS AND WORKSHOPS. HERE’S A SHOUT OUT TO THE INCREDIBLE STAFF AT ARTS MIDWEST!! And now back to our regularly scheduled blog… We re-booked a popular classical artist to perform […]
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Tags: agent, artist, Brian Taylor, commercial purposes, contract, Goldstein, image, marketing, photo, photograph, photographer, publicity
Posted in Artist Management, Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Presenters, Venues | Comments Off on Smile, You’re On Candid Camera!
Wednesday, September 5th, 2012
By Brian Taylor Goldstein Can you answer this question for us? My soon to be son-in-law is a musician. He has written and recorded many songs, and is producing his first CD. One of the songs on the CD, he had a female friend sing with him. If he plans to put this song on […]
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Tags: Brian Taylor, contract, copyright, copyright infringement, Goldstein, license, manager, music, musician, ownership, permission, recording, release, royalties
Posted in Artist Management, Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Publishing, Recordings | Comments Off on Listen To Your Mother and Get It In Writing!
Wednesday, August 22nd, 2012
By Brian Taylor Goldstein Dear Law & Disorder: After we booked an artist, the artist’s agent booked them to perform two weeks later at another venue 25 miles away from us. It’s a smaller venue that charges less for tickets than we do. This will impact our sales. Can we cancel? I was told that […]
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Tags: agent, artist, assumptions, booking agreement, breach, Brian Taylor, cancellation, cancellation terms, contract, contractual obligations, contractual terms, exclusivity, Goldstein
Posted in Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Venues | Comments Off on Can I Cancel If They Perform In My Backyard?
Wednesday, July 25th, 2012
By Brian Taylor Goldstein I recently attended an arts conference where there was a panel discussion on music contracts. An attorney said that artists don’t really need to read or review contracts because you can always declare them null and void later and get a new contract. Is this true? This is why 99% of […]
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Tags: artist, attorney, attorneys, bad advice, breach, Brian Taylor, conflict, Contracts, dispute, Goldstein, lawsuit, lawyer, legal basis, music contracts, negotiation, reputation
Posted in Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability | Comments Off on What Attorneys Won’t Tell You
Wednesday, June 20th, 2012
By Brian Taylor Goldstein Dear Law & Disorder: We have a non-profit choral group. Our of local public television stations has sent us a contract to record and broadcast one of our concerts this December and they have an item that requires us to have workman’s comp on our entire group. We currently only have 3 […]
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Tags: boilerplate, Brian Taylor, broadcast, choral group, chorus members, comp insurance, Contracts, Goldstein, independent contractors, Non-Profits, part time, performer, public television stations, volunteer, workers compensation insurance
Posted in Arts Management, Contracts, Employees, Independent Contractors, Law and Disorder: Performing Arts Division, Liability, Non-Profits | Comments Off on Is A Choral Group Required To Have Workman’s Compensation?
Wednesday, June 13th, 2012
By Brian Taylor Goldstein Dear FTM Arts Law: Could owning copyrights individually (as opposed to being owned by a corporate entity) ever be a personal liability? I understand that if copyrights are held in the name of a S-corp, C-corp, or possibly LLC, the corporate veil would shield my personal assets. There is no liability in […]
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Tags: breaches, Brian Taylor, c corp, composer, copyright infringement, Copyrights, corporate entity, corporate veil, debts, ftm, Goldstein, license, limited liability company, manager, permission, personal assets, personal liability, publishing company, s corp, torts
Posted in Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Limited Liability Companies | Comments Off on How Do I Protect My Personal Assets From Claims of Copyright Infringement?