An Orchestra, the DC Beltway, and Acts of God: Why Your Contracts Need a Force Majeure Clause

I had expected the usual “please turn off your cell phones and do not take pictures or make recordings.”  Instead, we were given an explanation for the unpopulated stage -- half of the orchestra had not yet arrived at the concert hall because they were in a bus stuck on the DC Beltway.

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Cobras, Mortgages, and Violas: What are Your Contracts and Policies Incentivizing?

As the story goes, in colonial India, the British governor was concerned about the number of wild cobras so he incentivized the population to hunt cobras by having the government pay a bounty for cobra skins.  The plan seemed to work fabulously; the government had thousands of cobra skins, and there appeared to be a reduction in wild cobras, so it seemed time to end the bounty program and declare victory.

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How Artists’ Moral Rights May Affect Your Real Estate

Performers spend much time and effort planning out exactly how they will perform a work with the performer’s unique interpretation and rendition of a musical composition. Yet, a performer usually cannot be guaranteed control over what happens with that performance or that he/she will be compensated when it is reused. Composers, record companies, and visual artists fare better under the law. They all have clear protection under copyright law, and visual artists far even better; they have a special law, called the Visual Artists Rights Act. 

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From Blind Auditions to Fighting the Gender Pay Gap

Despite historic sex discrimination, female musicians generally have not faced pay discrimination. Although musicians aren’t known for their robust paychecks, there is a pay scale based upon position. If a woman obtains an orchestra position, she usually will receive the same pay as her male counterparts. Unfortunately, in other professions there still exists a gender pay gap.

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Fair Housing Act Turns 50 and Continues to Evolve

Musicians need to practice their instruments, both to learn music and to hone their craft. For those living next door, even professional musicians’ practice may not be “music to the ears.” As a result, it is not unheard of for professional musicians to find themselves in disputes with neighbors or landlords.

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Hidden in Orchestra Pits and Behind Corporate Veils

Playing in a pit orchestra is very different from performing in an orchestra on stage. For the uninitiated, an orchestra pit is located in between the front row of chairs and the stage. Typically, the orchestra pit floor is at least 4-5 feet lower than the floor of the seating area, usually sunk low enough that only the top of the conductor’s head is visible to those on the stage.  Frequently, the pit will be even lower so that it is entered from and extends below the stage so the winds and percussion typically will be sitting under the stage

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Making “Best Efforts” to Play in Tune or to Comply with Real Estate Contracts

It is difficult to play a violin in tune.  For one thing, unlike with a guitar, there are no frets or markings on a violin fingerboard to tell the violinist where to put his/her fingers. Even a millimeter difference in finger placement can be the difference between an in-tune and out-of-tune note.

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Identity Theft in Violins and Tax Scams

My violin was made in 1962 by a luthier named Umberto Lanaro, but it bears the label of Eligio Puccini and says it was made in 1947. Although it is a mystery why Lanaro used Puccini’s “identity” when he made labeled my violin, money and theft were clearly the motives when, two years ago, an unknown person used my name and social security number to file an income tax return seeking a hefty tax refund.

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Fraud and Forgery: From Vintage Violins to Today’s Real Estate Transaction

A few weeks ago, out of the blue, I received an e-mail purporting to be from a real estate paralegal at a law firm with which I had been working on a real estate transaction several months before. The e-mail included a link, which appeared to be a legitimate link from a well-known electronic signature processor, asking me to securely download a document for electronic signature. This particular e-mail made me suspicious because I had no open real estate transactions with the law firm that sent me the link. 

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So Many Musical Instruments and Business Structures to Choose From

Today, a rite of passage for many fourth graders it to choose a musical instrument to play. Children learn about three major instrument groups – strings, brass, and woodwinds, each of which has within it several options suitable for elementary school students, including violin, viola, and cello for the string instruments, trumpet, trombone, and baritone for the brass instruments, and flute, clarinet, and perhaps, saxophone, in the woodwinds. New business owners face a similar dilemma in selecting the type of structure to use when forming the business. 

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