Musical America Blogs

LAW & DISORDER Performing Arts Division June 25, 2024   INSIDE THIS ISSUE: • A National Ban on Performance Exclusivity Clauses   • Posting Recordings on Websites • Artist Visa News, Nausea & Updates  • Your Contract Playlist       Legal Issue of the Month: Will a New National Ban on Non-Compete Agreements Also Apply to Performance […]

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, […]

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 […]

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder In reviewing an engagement contract for one of my artists, I was surprised to see that the presenter wants the right to record the artist’s performance as a “work-for-hire”. The Presenter says that this is a standard requirement and also that its reasonable because my […]

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder Could you please advise how a copyright application would be filed for a tribute musical of deceased popular singer? The show would consist of all of his songs. Would it be better to file it as a compilation or concert? Can all the songs be […]

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” […]

By Brian Taylor Goldstein, Esq. Dear Law and Disorder: Hypothetical: A theatrical production company would like to produce a tribute musical production to a songwriter using only the songwriter’s music being performed by the cast of the production. The production would be held at a community theater which is not licensed by ASCAP or any […]

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: What rights does a translator have? I translated a non-English script into English. All of the prior translations were very bad, which is why I did my own.  Everyone agrees mine is the best, even the original author. However, now that I am getting offers […]

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: An orchestra commissioned one of our artists to make an arrangement of a work for them to perform. We agreed that it would be a “work for hire.” Now, the orchestra wants to record their performance of the arrangement and has come to us asking […]

By Brian Taylor Goldstein, Esq.    Dear Law and Disorder: A longtime friend who is also a very successful artist who I greatly respect, asked me to do a project with him. He sent me a contract, but it doesn’t cover things like when and how I get paid. I want to mark up the […]