Archive for the ‘Non-Profits’ Category
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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Tags: box office, brian goldstein, credit card information, credit card transactions, damages, insurance, patrons, Robyn Guilliams, security breach, software company, ticket sales, ticketing software
Posted in Arts Management, Insurance, Law and Disorder: Performing Arts Division, Liability, Non-Profits, Presenters, Venues | Comments Off on We’ve Been Hacked!
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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Tags: ascap, bmi, Brian Taylor, choreography, copyright, dance, dance group, dance performances, dramatic license, Goldstein, license, Licensing, music, necessary licenses, non profits, performance license, permission, release, sesac, theaters, theatrical performances, venue
Posted in Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Non-Profits, Presenters | Comments Off on Licensing May Not Be Music To Your Ears
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, 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, 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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Tags: board member, board members, board membership, Brian Taylor, Goldstein, nominating committee, performing arts center, term limits
Posted in Arts Management, Law and Disorder: Performing Arts Division, Non-Profits, Venues | Comments Off on Board Term Limits–The Kindest Cut of All?
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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Tags: agent, Agreements, artist, artist manager, Brian Taylor, commitments, contract, contractual terms, creative proposals, engagements, exclusivity, formal contract, Goldstein, music, negotiation, power of attorney, royalties, significant time, time restraints, transaction
Posted in Agents, Artist Management, Arts Management, Contracts, Copyrights, For Profits, Independent Contractors, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Recordings, Touring, Venues | Comments Off on When To Negotiate A Contract
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, 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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Tags: ascap, bmi, Brian Taylor, composer, copyright, Education, Goldstein, license, Licensing, live performance, live performances, music, Non-Profits, performer, permission, recitals
Posted in Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Recordings | Comments Off on Ask, and Ye “May” Receive…or Not