Posts Tagged ‘breach’
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, 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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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, 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
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, 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?
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, 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?
Thursday, July 17th, 2014
By Brian Taylor Goldstein, Esq. Dear Law and Disorder: An artist we have been representing for over 10 years just told us that he is leaving our roster and will be joining the roster of another management company. We didn’t have a written agreement, but we’ve never needed one as we’ve always believed that […]
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Tags: agent, artist, artist manager, attorney, breach, Brian Taylor, commissions, contract, Contracts, contractual provision, engagement contract, Goldstein, lawsuit, legal obligations, Liable, management company, payment, poor ticket sales, presenter
Posted in Agents, Artist Management, Contracts, Law and Disorder: Performing Arts Division | Comments Off on Is Ethics Only In The Eye Of The Beholder?
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!
Thursday, June 12th, 2014
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 […]
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Tags: artist, attorney, breach, breaches, Brian Taylor, contract, Contracts, exclusivity, Goldstein, insurance, lawsuit, lawyer, license, music, negotiation, presenter, promoter, recording, risk, visas, work
Posted in Acts of God, Agents, Artist Management, Arts Management, Contracts, Copyrights, Insurance, Law and Disorder: Performing Arts Division, Liability, Licensing, Music Rights, Presenters, Publishing, Recordings, Taxes, Touring, Venues, Visas | Comments Off on The Lost Art of Negotiation