Archive for the ‘Liability’ Category

Don’t Be Late For Dinner

Thursday, January 16th, 2014

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder, About six months ago, a venue booked one of my artists and then sent me a signed contract with language requiring the artist to arrive the day before the concert rather than the morning of the concert. The venue was not willing to pay for […]

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The Band That Stood Up To God…and Lost

Thursday, October 24th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder We recently has a situation where one of our groups showed up at a festival, but just before they were to go on stage, the police shut down the event due to an approaching electrical storm. The presenter had given the group a deposit for 50% […]

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Agents and Artists: Who Controls the Money?

Thursday, October 17th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder I am considering working with an agent, but almost every agent I speak with wants to collect my engagement fees on my behalf. Why can’t I collect my fees and just pay the agent? If an agent collects my fees, should I ask for a separate […]

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The Power of Contractual Silence

Thursday, October 10th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder   We booked an artist to perform at our theater, but ticket sales have been much lower than we expected. The show is a month away. We are a small venue with a small budget, and can’t afford to present an artist if we can’t sell […]

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“Thanks For All The Trouble, But I Made Other Plans!”

Wednesday, September 18th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder I work for a venue that engaged an artist for a concert. I agreed to pay for hotel and travel. After the engagement, the artist told me that she decided to stay with friends and drive. I can’t get my money back. Can I deduct my […]

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We’ve Been Hacked!

Wednesday, September 4th, 2013

By Robyn Guilliams Dear Law & Disorder: Performing Arts Division, We are a small presenting organization, and we use an outside company to handle our ticket sales.  The company provides us with cloud-based software, which we use to process both online and box office ticket sales. We were recently informed by the software company that […]

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A Manager’s Deposit of Trouble

Wednesday, July 17th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We are a small classical music presenter. Several months ago, I booked an artist for a performance this fall. Recently, I received a phone call from the artist’s manager asking for a deposit. Usually, we don’t pay deposits, although, sometimes we will if it’s an artist […]

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Who’s Responsible For Performance Licenses?

Wednesday, June 26th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: In all of my artist’s booking contracts, the presenters are required to obtain ASCAP, BMI and SESAC licenses. I recently received a contract back from a venue in which they crossed out that language. They told me that their policy is not to get these licenses […]

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Accommodating Audience Members

Wednesday, June 12th, 2013

By Robyn Guilliams Dear Law and Disorder, I run a small nonprofit presenting organization. We recently received an email from a patron who wanted to attend a particular performance, and he asked if we provide accommodations for the deaf.  He indicated that either an American Sign Language interpreter or some sort of close captioning system […]

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“Fair Use” Just Isn’t Fair!

Wednesday, May 29th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I have read your clearly stated articles about mechanical use and rights.  What about “fair use”? Aren’t there specific scenarios where permission is not needed to use a recording of someone else’s music? Beware of what you ask. You are about to open a box whereupon […]

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