During 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 MoreThe NO FAKES Act, which recently cleared the Senate Judiciary Committee, would be a valuable tool in artists’ arsenal against AI replicas. However, the bill still must pass several hurdles before it becomes law. For now, except in the few states like Tennessee that have laws expressly prohibiting digital “clones,” artists need to continue to rely on state right-of-publicity laws, contract language, copyright and trademark claims, and platform takedown procedures.
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 MoreI was 16 years old and performing my first violin solo on live television. I stood in a cavernous cathedral holding my violin as the organ played a mournful introduction as I prepared to play the centuries-old violin solo in Tomasso Albinoni’s Adagio in G Minor. Except as it turns out, the piece likely was written in the 1950s by Remo Giazotto, a musicologist who claimed it was reconstructed from manuscript fragments found in Dresden after WWII. While the Adagio's content is beautiful a performer's interpretation may change when the true context of its provenance is revealed. Content and context also matter in legal documents, and sometimes context requires that a document be backdated. Read our newest blog article to learn when backdating is appropropriate -- and when it isn't.
Read MoreThe music industry frequently focuses on the exceptional - the prodigy, seasoned virtuoso, or singer who fills an arena. That's why the Really Terrible Orchestra founded in Edinburgh 30 years and similar orchestras in the US are so special -- they give amateur musicians a place to play together without the pressure of trying to be perfect. However, under Section 199A of the tax code, it doesn't matter whether a performing artist is a star or really terrible -- they all are treated as specified service trades or businesses and receive less favorable treatment than their counterparts in visual arts.
Read MoreMany people think that a binding contract guarantees results, that both parties are obligated to perform the contract as written. But a contract isn't a guarantee, and contract damages are designed to compensate the non-breaching party, rather than to punish a breaching part for bad behavior. When negotiating a contract, rather than expecting that the other party will perform as agreed, each party should focus on the parties' goals and incentives to perform.
Read More17th century volins made by Antonio Stradivari continue to be the gold standard for violin making. Yet no one has determined whether it was Stradivari's artistic or scientific skill - or both -- that enabled him to create his masterpieces. In comparison to making a violin, preparing a legal document may seem like a rote, scientific task, devoid of artistic merit. However, like Stradivari, attorneys should spend a lifetime developing both the art and science of legal drafting so they can create documents that are so masterful that they seem benign. Although AI might be able to replicate the science of a basic contract, so far, only an attorney who approaches contract drafting as an art can prepare a customized, easy-to-read legal document that meets a client's and transaction's needs.
Read MoreIn the musical Sweeney Todd Mrs. Lovetts' pie shop pie shop is struggling until she starts baking Sweeney Todd’s murder victims into her meat pies. Customers proclaim her pies the best pies they have ever eaten, but food-safety rules don’t depend on customer enthusiasm. While Mrs. Lovett's pies are an extreme example, the absence of a customer complaint doesn’t mean that something is considerate or legal. Read our article to learn why in Maryland and DC, food service establishments are prohibited from allowing dogs that aren't service animals indoors and what business owners can do to prevent health code violations and remain dog-friendly.
Read MoreIn Merrily We Roll Along, placing the orchestra above the stage brings the source of the music into full view. FinCEN’s Real Estate Reporting Rule, which recently was vacated by a Florida federal court, had a goal of moving hidden participants in real estate transactions into view when property is acquired through an entity or trust in a transfer not financed with using a traditional mortgage. The orchestra in Merrily voluntarily placed itself in full view, but FinCEN didn’t make reporting optional – it forced parties with legitimate reasons for establishing limited liability companies and trusts to report their ownership. Since the Florida decision likely will be appealed, parties that use entities to require real estate in transactions not financed by traditional mortgages should be aware that privacy is not guaranteed in the future.
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