Archive for the ‘Venues’ Category
Thursday, July 14th, 2016
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We have a non-profit theater company with our own performance space. We are looking for additional ways to increase our revenue stream within the terms of the lease. Two questions: Can a non-profit collect revenue for rented space or must it take the form of […]
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Tags: accident, damages, insurance, irs, taxable income, venue
Posted in Arts Management, Insurance, Law and Disorder: Performing Arts Division, Taxes, Venues | Comments Off on Never Rent Your Theater To Cannibals
Thursday, April 28th, 2016
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I recently received the following clause from a performing arts venue in a contract they sent: TERMINATION FOR CONVENIENCE: Either party may terminate this Agreement at any time upon written notice to the other party. If this Agreement is terminated before the performance, the University shall […]
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Tags: breach, cancellation, contract, damages, engagements, Liable, manager, negotiation, payment, presenter, risk, venue
Posted in Artist Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Venues | Comments Off on Termination For Convenience
Thursday, March 31st, 2016
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I am a classical concert pianist and booking representative for my small ensemble. I just finished the negotiation of a performance contract with a presenter and, unfortunately, we could not reach an agreement. In my three years of working as a self-presenting artist, it was […]
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Tags: Agreements, artist, cancellation, contract, Contracts, formal contract, manager, negotiation, presenter, risk, venue, work
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Venues | Comments Off on Dodging A Bullet With A Contract
Thursday, February 18th, 2016
By Brian Taylor Goldstein, Esq. I haven’t found an example that matches the situation of a 501(c)(3) I am familiar with. They throw a once-yearly art festival that spans a weekend (2days). They don’t charge the public any admittance. They raise money by charging fees for booth (10×10) spaces for (visual) arts vendors to […]
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Tags: artist, ascap, bmi, composer, composers, composition, copyright, copyright act, copyright infringement, copyright law, Education, Festival, Liable, license, music, musical composition, musician, non profits, original music, performance license, performer, permission, presenter, promoter, publishing company, risk, sesac, venue
Posted in Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Venues | Comments Off on Who Has To Pay The Likes of ASCAP, BMI, Etc?
Wednesday, February 3rd, 2016
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: What would be your response to an artist who re-books themselves in venues that an agent previously booked for them? Is that legally allowed? We booked this particular group to a major venue 2 years back and now they have re-booked themselves at this same […]
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Tags: agent, artist, bookings, breach, contract, Contracts, judgment, manager, presenter, venue
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Venues | Comments Off on It’s Time To Set Your People Free!
Thursday, May 28th, 2015
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Every time someone sends us a contract, its always a lengthy document with lots of legalese that no one understands. Is there anything wrong with having a simple, one page agreement that everyone can easily understand and will sign? A lot of people mistake “legalese” […]
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Tags: agent, assumptions, attorney, commissions, contract, Contracts, copyright, damages, dispute, engagement contract, excerpts, lawsuit, lawyer, license, presenter, recording, Tour, venue, visas
Posted in Agents, Artist Management, Arts Management, Contracts, Copyrights, Insurance, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Presenters, Touring, Venues | Comments Off on Understanding Legalese
Wednesday, March 25th, 2015
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Hypothetical: A theatrical production company would like to produce a tribute musical production to a songwriter using only the songwriter’s music being performed by the cast of the production. The production would be held at a community theater which is not licensed by ASCAP or any […]
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Tags: ascap, bmi, composer, composers, dramatic license, Licensing, necessary licenses, performance license, performer, sesac, songwriter, venue, work
Posted in Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Presenters, Publishing, Venues | Comments Off on Don’t Be Shy About BMI
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, 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?
Thursday, September 11th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We obtained a three year O-1 visa for one of our artists. We are the artist’s agent and served as his petitioner. A large venue wants to book the artist, but they are insisting that, according to their finance department, they cannot pay us as […]
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Tags: agent, approval notice, artist, Brian Taylor, contract, engagements, Goldstein, immigration, immigration law, independent contractor, manager, payment, petitioner, uscis, venue, visas, work
Posted in Agents, Artist Management, Arts Management, Employees, Law and Disorder: Performing Arts Division, Presenters, Taxes, Touring, Venues, Visas | Comments Off on The Recipe For Confusion