Posts Tagged ‘artist’
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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Tags: afm, Agreements, artist, breach, breach of contract, Contracts, engagement contract, force majeure, lawsuit, musician, orchestra, orchestras, performing arts center, presenter
Posted in Acts of God, Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Unions | Comments Off on Can A Union Walk Away With My 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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Tags: Agreements, artist, cancellation, contract, Contracts, formal contract, manager, negotiation, presenter, risk, venue, work
Posted in Agents, Artist Management, Arts Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Venues | Comments Off on Dodging A Bullet With A Contract
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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Tags: agent, Agreements, artist, breach, breaches, commissions, contract, Contracts, contractual obligations, engagement fees, lawsuit, legal obligations, manager, money, risk
Posted in Artist Management, Contracts, Law and Disorder: Performing Arts Division | Comments Off on Gambling With Contracts
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?
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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Tags: agent, artist, bookings, breach, contract, Contracts, judgment, manager, presenter, venue
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Venues | Comments Off on It’s Time To Set Your People Free!
Thursday, October 15th, 2015
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: A presenter is refusing to pay one of our artists who has an O-1 visa, but does not have a Social Security Number. Does a foreign artist who is performing in the U.S. under an O-1 also have to get a Social Security number in […]
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Tags: artist, contract, contractual provision, engagement contract, engagement fees, immigration, immigration law, irs, ITIN, money, presenter, SSN, tax obligations, tax return, university, venue, work, work authorization
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division, Presenters, Taxes, Touring, Visas | Comments Off on Paying By the Numbers
Thursday, August 27th, 2015
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: We got our P visa for a group returned because it included the tour manager. USCIS is saying we need to file a separate petition and get a separate union letter for him. But USCIS has approved prior P petitions with everyone on the same […]
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Tags: artist, artistsfromabroad, immigration, immigration law, petitions, processing times, uscis, visa petition, visa petitions, visas, work
Posted in Law and Disorder: Performing Arts Division, Touring, Visas | Comments Off on When It Comes To Visas: Plan For The Worst And Hope For The Best
Thursday, July 9th, 2015
By Brian Taylor Goldstein, Esq. We spent a lot of money making a CD to promote our orchestra. Now the composer’s publisher wants mechanical royalties. I just don’t understand why I have to pay mechanical royalties for a CD I am not selling, just giving to donors. Doesn’t the Composer want people to listen […]
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Tags: artist, ascap, bmi, CD, commission fee, commissions, composer, composers, composition, entertainment industry, license, mechanical royalties, money, music, musician, orchestra, performance license, performer, playwright, recording, royalty, sesac, work
Posted in Contracts, Law and Disorder: Performing Arts Division, Licensing, Music Rights, Presenters, Publishing, Recordings | Comments Off on When Is A Plumber Worth More Than A Violinist?
Friday, June 26th, 2015
By Brian Taylor Goldstein, Esq. After being unable to issue visas since June 9 due to a major computer system crash, the U.S. Department of State is now reporting that, as of June 25, 2015, 85% of the U.S. Consulates (approximately 165) are now operational and able to issue visas again. Here is a […]
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Tags: approval notice, artist, state department, travel, visa interview, visa petition, visas, visitor, waiver
Posted in Artist Management, Law and Disorder: Performing Arts Division, Touring, Visas | Comments Off on The U.S. Consulates Are Back–More or Less!
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?