Practicing Scales and Signing and Delivering Contracts

An advanced musician will read the music by scale and arpeggio patterns that the musician has been practicing for years. People reviewing real estate contracts may act like advanced musicians. They may become so accustomed to certain contract clauses that they may breeze through them, thinking they are "standard boilerplate.” In this article, we will discuss “boilerplate” clauses that describe how a contract is signed and delivered.

Read More
The Merger Doctrine and Surviving the Closing

Sight-reading is a crucial skill for a professional musician. Many auditions include a sight-reading “test,” to see whether the musician can perform at a high level with little rehearsal time. When reviewing real estate contracts, many people act like an inexperienced musician sight-reading music.

Read More
Choice-of-laws Clauses

Once a music classmate asked me for help on his music theory homework. Immediately, I saw his challenge. My classmate he had glossed over the clef signs, thinking they were “boilerplate.” When reviewing real estate contracts, many people gloss over miscellaneous “boilerplate” sections. "Boilerplate” sections are important, and contracting party can get burned by not carefully reviewing and negotiating them.

Read More
A Stolen Strad and Squatter’s Rights

The relationship between a violin and the violinist who plays it[1] is a close one. Such likely was the case with violinist Roman Totenberg with his close companion, the Ames Stradivarius when, in 1980, the violin was stolen from Totenberg’s office in Cambridge, Massachusetts. A violin thief does not gain title merely because he has possessed the violin for a period of time. With real estate, however, there is the possibility of someone who unlawfully uses someone else’s property gaining title through “adverse possession.”

Read More
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.

Read More
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.

Read More
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. 

Read More
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.

Read More
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.

Read More
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

Read More