Archive for the ‘Non-Profits’ Category

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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Licensing May Not Be Music To Your Ears

Wednesday, August 7th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Since ASCAP does not cover dance or theatrical performances, how does a dance group go about getting the appropriate permissions/ copyright releases needed for their performance? Another word for “permission” or “copyright release” is “license.” Dance performances, like theatrical performances such as opera or theater, as […]

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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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Board Term Limits–The Kindest Cut of All?

Wednesday, May 15th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We are a small non-profit that runs a performing arts center. In up dating our by-laws, its been recommended that we establish term limits for our directors and officers, as well as a formal nominating committee. Do we really need such formalities? We’re very small and […]

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When To Negotiate A Contract

Tuesday, April 30th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A successful duo I represent has recorded a CD which is being released by a record company. Although the artist made attempts to obtain a contract, because of time restraints, according to the record company, it was only possible to give a contract AFTER the recording […]

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

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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Does God Serve On Their Board?

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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Ask, and Ye “May” Receive…or Not

Wednesday, January 9th, 2013

By Brian Taylor Goldstein, Esq. Dear Law and Disorder, I am a music professor at a medium-sized state college. We have two questions with regard to live streaming some of our concerts and recitals. We, of course, have paid the ASCAP and BMI licenses/fees to cover the rights for live performances. I believe the licensing […]

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