Posts Tagged ‘musician’

Can A Union Walk Away With My Contract?

By Brian Taylor Goldstein, Esq.     Dear Law and Disorder:  Is it legal that a presenter can put “strike, lock-out or other labor controversy (including, without limitation, the picketing on the theater by representatives of any labor union having or claiming to have jurisdiction over theater’s employees” into a force majeure clause? I mean, […]

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Who Has To Pay The Likes of ASCAP, BMI, Etc?

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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International Touring: A Report From The Front Lines

By Brian Taylor Goldstein, Esq. As the U.S. Legal Advisor to the International Artist Managers’ Association (IAMA), I’ve been asked to prepare an update on a variety of current issues involving international touring at the next membership meeting in London on November 27, 2015. Not only do I adore IAMA, but as this would provide […]

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When Is A Plumber Worth More Than A Violinist?

By Brian Taylor Goldstein, Esq.    We spent a lot of money making a CD to promote our orchestra. Now the composer’s publisher wants mechanical royalties. I just don’t understand why I have to pay mechanical royalties for a CD I am not selling, just giving to donors. Doesn’t the Composer want people to listen […]

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Is It Still Illegal If I Don’t Get Caught?

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: Our organization has engaged a foreign musician whose European agent is balking at the artist having to obtain an O-1 visa that we know he needs. We want to do this right, so I’m getting my ducks in line to tell him no and part […]

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Replacement Woes

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We are a dance company who is going to perform in March in the United States. We gave the list of names for Visa purposes last September to the venue. Now we have some changes, we have to replace two technicians who are essential for the […]

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How Much Is That Artist In The Window?

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder My ensemble has been approached by a composer/musician who would like them to do two days of recording for music that she is composing for a theater company. My understanding is that this theater company does quite a bit of touring. Do musicians typically get […]

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What Do You Mean I Need To PAY For Music?

By Brian Taylor Goldstein, Esq. Greetings, I have recently been contacted by ASCAP asking for fees based on music played by live musicians. Are we required to pay if we do not pay the musicians? Any musician who plays at the location is not compensated for their efforts. Is anyone else who works at or […]

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Using Existing Recordings–Not So Fast!

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A few weeks ago you wrote a great article about how to obtain a mechanical license when someone wants to record music. But what about using a recording that already exists? We would like to promote an upcoming concert at our venue by putting some recordings […]

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

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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