Archive for the ‘Law and Disorder: Performing Arts Division’ Category

Can A Union Walk Away With My Contract?

Tuesday, November 29th, 2016

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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USCIS Announces Fee Increase for Artist Visas!

Monday, October 24th, 2016

It is with the deepest bewilderment and frustration that we are compelled to announce: USCIS HAS IMPLEMENTED A FEE INCREASE FOR VISA PETITIONS On Friday, October 21, the US Department of Homeland Security announced that it has approved the request of United States Citizenship and Immigration Services (USCIS) to increase the fee for US visa […]

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Never Rent Your Theater To Cannibals

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 […]

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Don’t Toss A Banana To A Monkey If You Don’t Want The Monkey To Eat It

Wednesday, June 15th, 2016

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: So, it seems we have ourselves a bit of questionable “inspiration” on our hands. The inventive work of one of our roster artists uses overhead projectors, multiple screens, puppets, actors, live feed cameras, multi-channel sound design, and a live music ensemble, to create shows. And, […]

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Termination For Convenience

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 […]

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Dodging A Bullet With A Contract

Thursday, March 31st, 2016

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: I am a classical concert pianist and booking representative for my small ensemble. I just finished the negotiation of a performance contract with a presenter and, unfortunately, we could not reach an agreement. In my three years of working as a self-presenting artist, it was […]

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Gambling With Contracts

Thursday, March 17th, 2016

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: We had an artist leave our roster who is now refusing to reimburse us for expenses we incurred on her behalf. We charge all of our artists a flat monthly fee to cover expenses, but this particular artist refused. So, we agreed to reimburse ourselves […]

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Beware of Wolves In Expert Clothing!

Thursday, March 3rd, 2016

By Robyn Guilliams, Esq.    Dear Law & Disorder, I am a member of a band in Canada, and we do quite a few performances in the U.S. each year.  Our accountant has always told us that we don’t need to file income tax returns in the U.S., because the band is incorporated, and also […]

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

Thursday, February 18th, 2016

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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It’s Time To Set Your People Free!

Wednesday, February 3rd, 2016

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: What would be your response to an artist who re-books themselves in venues that an agent previously booked for them? Is that legally allowed? We booked this particular group to a major venue 2 years back and now they have re-booked themselves at this same […]

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