Posts Tagged ‘damages’
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 […]
Read the rest of this article »
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 […]
Read the rest of this article »
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, 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” […]
Read the rest of this article »
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
Thursday, March 12th, 2015
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A presenter wants to breach our engagement contract by cancelling. Our cancellation clause says that, in the event of cancellation, we get 50% of the engagement fee or actual damages. They are offering 50%, but at this stage want the full fee. If you have […]
Read the rest of this article »
Tags: breach, cancellation, cancellation clause, contract, Contracts, damages, engagement contract, engagements, losses, presenter, risk, Tour
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Touring | Comments Off on The Damaging Truth About Cancellation Damages
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 […]
Read the rest of this article »
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, June 19th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We have booked one of our artists to perform at a venue. As we are the agent, our booking agreements are always between the venue and the artist, and we sign on the artist’s behalf. However, the presenter is insisting that, if we want to […]
Read the rest of this article »
Tags: agent, Agreements, artist, booking agreement, breach, breaches, Brian Taylor, contract, damages, fiduciary duties, Goldstein, Liable, manager, payment, presenter, risk, university, venue
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Venues | Comments Off on But I Don’t Want To Be A Producer!
Thursday, May 1st, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: If a hypothetical rental company is hired, either by a venue or by the client using a venue, to supply the sound and/or video system for a corporate, non-profit or association event; and this hypothetical rental company is asked to provide “top 40” music to be […]
Read the rest of this article »
Tags: ascap, bmi, Brian Taylor, CD, copyright, copyright infringement, damages, Goldstein, hotels, lawsuit, Liable, license, Licensing, necessary licenses, performance license, performance rights, proper licenses, risk, sesac, venue
Posted in Artist Management, Arts Management, Contracts, Copyrights, For Profits, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Recordings, Venues | Comments Off on Hypothetically Speaking About Liability
Wednesday, December 4th, 2013
By Brian Taylor Goldstein, Esq. Dear Law and Disorder I recently had to cancel an engagement. We had a signed contract with the venue, but circumstances arose where we had no choice. I sent a very cordial and professional email to the venue, but got a very threatening and aggressive response. I wrote back and […]
Read the rest of this article »
Tags: breach, breach of contract, Brian Taylor, cancellation, conflict, damages, Goldstein, lawsuit, reasonable solution, relationships, venue
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Non-Profits, Presenters, Venues | Comments Off on Back Away From The Email!
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 […]
Read the rest of this article »
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, 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 […]
Read the rest of this article »
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