Archive for the ‘Liability’ Category
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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Tags: artist, ascap, bmi, composer, composers, composition, copyright, copyright act, copyright infringement, copyright law, Education, Festival, Liable, license, music, musical composition, musician, non profits, original music, performance license, performer, permission, presenter, promoter, publishing company, risk, sesac, venue
Posted in Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Non-Profits, Presenters, Publishing, Venues | Comments Off on Who Has To Pay The Likes of ASCAP, BMI, Etc?
Thursday, June 11th, 2015
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: You frequently mention that the artists are our clients, but aren’t the presenters our clients, too? If an artist is acting unreasonably or is going to do something which we know will negatively impact the presenter, we can’t afford to alienate or lose a relationship with […]
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Tags: agent, artist, artist manager, breach, contract, fiduciary duties, relationships, transaction
Posted in Agents, Artist Management, Law and Disorder: Performing Arts Division, Liability, Presenters | Comments Off on Are You Being Served?
Wednesday, March 25th, 2015
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 […]
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Tags: ascap, bmi, composer, composers, dramatic license, Licensing, necessary licenses, performance license, performer, sesac, songwriter, venue, work
Posted in Arts Management, Contracts, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Presenters, Publishing, Venues | Comments Off on Don’t Be Shy About BMI
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 […]
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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 […]
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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, January 22nd, 2015
By Brian Taylor Goldstein, Esq. We recently had an incident where the Executive Director of an organization that presented one of our artists gave him a cookie with a controlled substance in it at a reception after the performance. Admittedly, the substance was legal in the presenter’s state, but it made the artist (who […]
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Tags: artist, artistic director, judgment, lawsuit, Liable, presenter, risk
Posted in Agents, Artist Management, Arts Management, Insurance, Law and Disorder: Performing Arts Division, Liability, Non-Profits, Presenters | Comments Off on When Happy Cookies Lead To Bad Decisions!
Thursday, November 20th, 2014
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 […]
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Tags: artist, composition, copy, copyright, copyright infringement, Copyrights, music, ownership, permission, royalties
Posted in Arts Management, Copyrights, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Publishing | Comments Off on How Is Copyright Infringement Like An Ugly Car?
Thursday, October 30th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: I’m dealing with a presenter who wants to cancel two weeks out due to poor ticket sales. While it’s not a huge engagement fee, my artist has already contracted its performers and paid out expenses for the date as its part of a bigger tour. […]
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Tags: act of god, administrative staff, artist, board member, board members, breach, breach of contract, cancellation, cancellation clause, Contracts, judgment, lawsuit, performer, poor ticket sales, presenter, reputation, venue
Posted in Acts of God, Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability, Presenters, Venues | Comments Off on Whose Lawsuit Is It Anyway?
Wednesday, September 24th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder Our group got a bad check from a venue for a performance. We called them and they sent us a new check, but that bounced, too. Now they won’t return our phone calls. Is there anything we can do? Many venues, especially smaller non-profits, wrongly […]
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Tags: agent, artist, Brian Taylor, cancellation, debts, Goldstein, judgment, lawsuit, Liable, money, payment
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Liability | Comments Off on When Non-Payment Is A Crime
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 […]
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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!