Archive for the ‘Independent Contractors’ Category

Artist Visa Updates, Non-Compete Agreements, Manager/Agent Trust Accounts, 1st Amendment Poop Jokes

Wednesday, April 5th, 2023

LAW & DISORDER Performing Arts Division April 6, 2023  INSIDE THIS ISSUE: • Artist Visa Updates • Non-Compete Agreements • Manager/Agent Trust Accounts • Is There A Constitutional Right To Poop Jokes?   Artist Visa News & Nausea  • The Status of Proposed Petition Fee Increases Thanks to all of you who took the time […]

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A CORONAVIRUS VISA ROUNDUP FOR NON-US ARTISTS

Tuesday, March 31st, 2020

Cancelled Engagements, Unemployment, Layoffs, and Visa Renewals March 31, 2020 By Brian Taylor Goldstein As the tumbleweeds blow through Times Square and we begin to consider the viability of Easter peeps or even kale to supplement the dwindling toilet paper supplies, there is an understandable amount of angst and confusion on many fronts. Not least […]

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CAN A U.S. ORCHESTRA REFUSE TO PAY A NON-U.S. MUSICIAN?

Tuesday, February 27th, 2018

By Brian Taylor Goldstein Dear Law and Disorder: I am a musician on an O-1 visa that my agent got for me. It covers multiple engagements. Last September, I was hired to be a section musician with an orchestra. They have been paying me up until now, but now they are saying that legally they […]

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When To Negotiate A Contract

Tuesday, April 30th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A successful duo I represent has recorded a CD which is being released by a record company. Although the artist made attempts to obtain a contract, because of time restraints, according to the record company, it was only possible to give a contract AFTER the recording […]

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Independent Contractors or Employees: What’s In A Name?

Wednesday, April 3rd, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I hire musicians to perform, with me. Are they employees or independent contractors? I do not deduct taxes from what I pay them. Should I also make them sign a contract stating that they are independent contractors? Contrary to what many believe, the distinction between who […]

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Do We Need Visas For Orchestra Support Staff?

Wednesday, July 18th, 2012

By Brian Taylor Goldstein Dear Brian: We are touring an orchestra in the United States next season and have been grappling with the idea of whether the staff from the concerts team need to have visas for this tour, regardless of whether they are employees or freelance (we’ve had different opinions expressed). In the past, […]

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Are We Liable For A Backstage Brawl?

Wednesday, July 11th, 2012

By Brian Taylor Goldstein Our stage manger slapped one of our actresses during a rehearsal. Are we liable? Anyone who understands the unique stresses and pressures of the performing arts should expect a certain degree of screaming, emotional meltdowns, tantrums, and other inappropriate behavior. Welcome to the theater. However, physical violence crosses the line and, […]

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Is A Choral Group Required To Have Workman’s Compensation?

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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How Do I Draft An Engagement Agreement For My Trio?

Wednesday, May 16th, 2012

By Brian Taylor Goldstein Dear FTM Arts Law, I am a manager who will be writing contracts on behalf of a trio. They don’t have a corporation and there is no “leader.” They just get together and perform together. How do I handle their engagement fees so that I do not look like their employer? […]

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