It’s understandable how someone might leave a shopping bag or a small item like keys or a wallet in a taxi. However, in 2008, violinist Phillip Quint left his multi-million dollar Stradivari in a New York City taxi. The taxi driver discovered the instrument and returned it. Like musicians, business owners sometimes forget important tasks relating to their business entities. Although some forgotten tasks may be correctable, others are not. By forgetting to pay attention to their business entities, an owner can lose it forever.
Read MoreOur son is the fourth generation to play a violin made in the early 20th century by Prague luthier Janek (John) Juzek. When researching Juzek’s history, I found it interesting to read that he backdated the labels in his instruments. They included his own name but a completion date about five years earlier than the actual date the instrument was completed. Backdating violin labels was not uncommon, and it was not illegal. However, backdating legal documents is another matter. Backdating legal documents is frequently permissible. However, under other circumstances, it can be fraudulent or illegal.
Read MoreJohann Sebastian Bach served in the courts of the nobility and for the church in Leipzig. He wrote his music to meet the needs of those who hired him. Little of his music was published during his lifetime, and he likely had little expectation that his music would survive him. Unlike Bach, most business owners expect that their businesses will survive them. Careful business succession planning can make the difference between a business becoming multi-generational family operation and failing after becoming mired in in-fighting or disputes among heirs.
Read MoreAs he moved the bridge (a task that always makes me nervous), we both heard what sounded like a pencil falling to a wood floor. He moved the violin back and forth, and sure enough, there was the telltale rattling sound that occurs when the sound post has fallen. Despite the importance of the sound post and the skill involved in crafting it, many violinists do not think much about their sound post. Because it is inside of the violin, many violinists do not think much about their sound posts–until there is a problem. he same is true of many “boilerplate” contract clauses.
Read MoreConveying a composer’s original intention is more difficult than it might appear. Original manuscripts from Bach’s era were handwritten, often hastily with ink on parchment. Where the original manuscript is available, it may have been sloppily written or be damaged or incomplete, leaving the musicologist to reconstruct the composer’s intentions from later versions. Unlike with a music manuscript, we usually have a complete copy of the contract. Still, delving into the parties’ intentions can require an examination of the context in which the contract was written and how the parties acted after they signed it.
Read MoreRecently, a Canadian Court awarded aspiring professional clarinetist Eric Abramovitz a six-figure judgment in an identity theft lawsuit he brought against his ex-girlfriend, after she accessed his e-mail and turned down a coveted scholarship on his behalf. While much of the recent news has been dominated by tales of sophisticated cyber attacks, this anecdote shows that low-tech approaches can be just as damaging. A good data protection plan will evaluate risks specific to the business and establish protocols designed to minimize data compromise and loss, including loss from human error and environmental factors.
Read MoreHuguette Clark died at the age of 104 in a hospital under a pseudonym, divorced, childless, and a recluse, belying her background. Three years after her death. While cleaning out a closet in one of Huguette’s New York City apartments, someone found a violin bearing the Stradivari label tucked away, untouched for more than 25 years. Reading about Huguette and the one-in-a-million real Strad, I recalled a recent experience in my own life. I received a telephone message no one wants–my bank manager was calling. She said it was important and I should call her as soon as possible.
Read MoreIt has been almost half of a century since I first picked up a violin. Yet, I recently started violin lessons again. I realized that I needed to adjust my basic technique–including how I hold the violin. Like small changes in violin technique can create noticeable changes in a performance, overlooked contract provisions can change the meaning of the contract or harm the contracting parties. This article is one of several discussing contract “boilerplate” provisions and why those provisions are important. In this article, we will explore severability clauses.
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One month after my son started Suzuki violin at the age of three, I was surprised when his teacher said that he would be performing in a recital. He had barely learned to hold the violin and hadn’t yet played any notes. Contracts also have recitals. Although contracts don’t perform music, their recitals are up front and center, toward the beginning of the contract.
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