It's more than an artistic decision when a coffee shop's ad features a simple photo of coffee with the patrons in the shop blurred in the background. Although the shop may have purchased the copyright from the photographer, that doesn't mean the shop can use people's faces in an ad. By blurring the people's images, the shop need not worry about obtaining consents. On the other hand, since a photographer owns the copyrights in photos they take, even a person who is featured in the photo can't post or copy it without consent. Read our newest article to learn about these and other pitfalls individuals, businesses, and music groups may face when they post photos on social media or use them in promotional materials.
Read MoreI bought a bird feeder and mounted it on a tall, narrow pole because I wanted to keep the squirrels away from the birdseed only to discover the squirrels had no trouble climbing the pole. So, I bought a cone-shaped device called a baffle that's supposed to limit how high squirrels can climb. But that didn't quite go as planned. The squirrels quickly learned they could jump on top of the baffle and use it like a springboard to launch themselves onto the feeder. Then, on a rainy day, I saw a very content squirrel was comfortably eating the birdseed that had fallen to the ground while staying completely dry under the “squirrel umbrella” I had unwittingly installed.
People are naturally optimistic when starting a new business relationship or band -- that’s the way it should be. Most people may not have to deal with talented squirrels, but the hard reality is that all relationships changes over time. By working with an experienced attorney who can ask the hard questions at the beginning of a relationship and help develop a solid agreement that can help future-proof the relationship through its successes and challenges.
Read MoreFor most of us, ASAP means to hurry up and rush to completion. In contrast, Cage's organ composition ASLSP means "as slow as possible," which has been taken to an extreme with a performance on the Halberstadt organ will last 639 years. Yet, extremes are rarely the best option. Moving too quickly can leave important questions unanswered. Moving too slowly can turn a useful project into an academic exercise. Attorneys face a similar dilemma when preparing contracts. Contracts aren't one-size-fits-all; they must be customized for each situation and relationship, and finding the amount of detail that's "just right" is what turns contract drafting from a science that can use a form or be performed by AI into an art that requires human input.
Read MoreBeethoven's late quartets were transformative but not necessarily well-received because they didn't conform to the technical expectations of the time. Law is like music in this respect -- document preparation requires both technical competence and an artful approach to create a structure that meets the clients' and transactions needs — and the artistic part of law is often underappreciated. Some view AI as a replacement for conventional legal advice -- they believe they can rely upon software to write their wills or create basic business documents without the benefit of an attorney.
However, this viewpoint overlooks the skill and art involved in lawyering. AI is dependent on the knowledge and skill of the user in crafting instructions — skill that attorneys develop only after years of experience. Although AI can be valuable tool that addresses many of the the "scientific" aspects of law and frees attorneys to focus on the art of creating documents customized to their clients' needs, AI isn't yet a replacement for sound legal advice.
Read MoreDuring a recent performance of Bruch’s Violin Concerto in Finland, conductor Matthew Halls accidentally knocked soloist Elina Vähälä’s 18th-century Guadagnini violin out of her hands. The audience gasped. Time seemed to stop as the violin worth millions flew through the air and landed on the stage. Vähälä inspected the instrument and, after a few minutes, tuned it and signaled that the performance could continue. She later explained that the violin wasn't seriously injured because it was constructed so that rather than the wood cracking, a seam will come loose when the violin was under pressure -- the violin had a built-in crisis response plan. Violinmakers know what many teams don't -- that careful upfront planning can prevent a crisis.
Read MoreIn the Japanese television drama Quartet, four musicians form a string quartet. Each comes to the group with hidden goals and agendas, but without a mutual agreement about how their quartet will operate. That uncertainty makes for good television drama as the musicians’ private problems and personal agendas begin to affect the group’s rehearsals, performances, and relationships. But bands and other musical groups don’t need that kind of drama. They need a customized written agreement that minimizes drama so they can focus on creating and building their brand. Before accepting their first gig, musicians should work with an attorney who understands that groups and musicians are unique and can help them create an agreement that's reflects their culture and goals. With a good agreement in place, the group then can focus on creating music, rather than the distractions and drama that come with misunderstandings and disputes.
Read MoreArtful contract drafting is best thought of as relationship design. The strongest contract is not the most one-sided, but rather, is one that considers both parties’ needs and goals and makes the relationship work.
Read MoreLaunched in the UK in 2018, Hipgnosis Song Fund was touted as a groundbreaking opportunity for investors and musicians alike. By buying song catalogs directly from artists, Hipgnosis provided musicians with immediate cash. The Fund offered investors the opportunity own a piece of music history and receive long-term predictable income that wasn't correlated with the stock market. Although the Fund might have looked like an investment in artists and their music, in the US, many investments in artists and their music are securities. Learn how musicians can unwittingly find themselves needing to navigate the complex web of securities laws.
Read MoreCabaret cards, music royalty structures, sales quotas, and an American Federation of Musicians strike all started with good intentions but brought with them unintended consequences that transformed their industries that weren’t always positive. However, with proper planning and foresight, policy makers can foresee and prevent unintended consequences.
Read MoreCrowdfunding is a popular form of fundraising for musicians and small business because it helps build a following while also raising money. However, it’s important to know when crowdfunding becomes subject to federal securities laws and what to do about it.
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