Posts Tagged ‘Liable’
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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Tags: agent, artist, Brian Taylor, contract, engagement fees, Goldstein, Liable, manager, money, payment
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Liability | Comments Off on Agents and Artists: Who Controls the Money?
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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Tags: agent, artist, Brian Taylor, cancellation, cancellation clause, cancellations, contract, Contracts, customs, dispute, engagement contract, Goldstein, Liable
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Venues | Comments Off on The Power of Contractual Silence
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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Tags: agent, artist, booking agreement, breach, Brian Taylor, cancellation, commission fee, damages, fiduciary duties, Goldstein, Liable, manager, money, payment, presenter, risk
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters | Comments Off on A Manager’s Deposit of Trouble
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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Tags: ascap, bmi, Brian Taylor, broadcast rights, contract, Contracts, copyright, Festival, Goldstein, Liable, music, necessary licenses, negotiation, Non-Profits, owner operator, performance license, performance rights, performing arts center, presenter, promoter, proper licenses, sesac, synchronization rights, venue
Posted in Agents, Artist Management, Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Venues | Comments Off on Who’s Responsible For Performance Licenses?
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 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!
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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Tags: accident, assault, battery, Brian Taylor, fight, Goldstein, inappropriate behavior, independent contractor, independent contractors, injury, Liable, physical violence, volunteers
Posted in Arts Management, Employees, Independent Contractors, Law and Disorder: Performing Arts Division, Liability | Comments Off on Are We Liable For A Backstage Brawl?