Archive for the ‘Liability’ Category
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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Tags: ada, americans with disabilities act, audience members, nonprofit organization, patrons, public accommodations, reasonable accommodation, Robyn Guilliams, sign language interpreter
Posted in Arts Management, For Profits, Law and Disorder: Performing Arts Division, Liability, Non-Profits, Presenters, Venues | Comments Off on Accommodating Audience Members
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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Tags: Brian Taylor, copyright, copyright act, copyright infringement, copyright law, creator, Education, excerpts, Goldstein, image, marketing, music, parody, permission, public domain, recording
Posted in Agents, Artist Management, Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Recordings, Venues | Comments Off on “Fair Use” Just Isn’t Fair!
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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Tags: Brian Taylor, corporation, distinction, federal government, Goldstein, independent contractor, independent contractors, insurance, irs, legal relationships, limited liability company, musician, part time, sole proprietor, unemployment insurance laws
Posted in Arts Management, Contracts, Employees, For Profits, Independent Contractors, Insurance, Law and Disorder: Performing Arts Division, Liability, Limited Liability Companies, Non-Profits, Venues | Comments Off on Independent Contractors or Employees: What’s In A Name?
Wednesday, March 20th, 2013
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We booked one of our artists to perform at a non-profit venue. The booking agreement was signed by all parties. We just received a phone call from the venue that their board met last night and decided unanimously to cancel the engagement due to poor ticket […]
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Tags: acts of god, board chairs, booking agreement, breach, breach of contract, Brian Taylor, cancellation, cancellation fee, contract, contract situation, contract states, contractual obligations, damages, Goldstein, lawsuit, legal obligations, Non-Profits, poor ticket sales, presenter, reasonable solution
Posted in Acts of God, Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Non-Profits, Presenters, Venues | Comments Off on Does God Serve On Their Board?
Wednesday, February 20th, 2013
By Brian Taylor Goldstein, Esq. Dear Law & Disorder, Our ensemble has recently had friction with its management over weather-related travel concerns. We had concerts scheduled during both Hurricane Sandy and this most recent blizzard in the Northeast, and as both approached, discussed postponing them with our management company. In both instances, they stated […]
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Tags: act of god, artist, bad weather, blizzard, Brian Taylor, contract, Contracts, engagement contract, engagements, Goldstein, Hurricane Sandy, management company, manager, presenter, risk, safety concerns, severity, storms, travel, travel concerns, weather conditions
Posted in Acts of God, Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Venues | Comments Off on You’re Not the Boss of Me!
Wednesday, December 5th, 2012
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Help! We are a small agency. We booked an engagement for one of our artists at a venue that has now cancelled the date. We had a series of emails with the venue confirming the date and fee and then sent them a formal contract that […]
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Tags: agent, artist, bookings, breach, Brian Taylor, cancellation fee, Contracts, contractual relationship, damages, formal contract, Goldstein, venue
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Touring | Comments Off on Silence Is Not Golden!
Wednesday, November 28th, 2012
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: May we loan music that we own for orchestral performances by other non-profit organizations (schools, community orchestras, etc? Would the other group still need to obtain performing/recording permissions? Could we be liable if they don’t? It depends how define “own.” If by “own”, you mean that […]
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Tags: Brian Taylor, community orchestras, copyright, copyright infringement, copyrightable material, Goldstein, Liable, license, orchestra, orchestral performances, orchestras, ownership, permission, recording, sheet music
Posted in Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Non-Profits, Recordings | Comments Off on Can We Loan Sheet Music?
Wednesday, November 21st, 2012
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I have a small venue. All 3 licensing companies are claiming I need to pay them for my karaoke and music that occurs weekly, but the bands that I have sign contracts making sure they only play their original music, nothing copyrighted. These companies have been […]
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Tags: ascap, bmi, breach, Brian Taylor, composers, copyright, copyright infringement, Goldstein, karaoke nights, license, Licensing, music, original music, performance license, performing music, permission, public venue
Posted in Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Venues | Comments Off on Does Original Music Exist Anymore?
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, 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?