For 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 MoreAn episode of Peacock's Cold War era spy show, PONIES, is set at an Elton John concert in Moscow. Peacock worked closely with Elton John's representatives and used his persona with permission, and everyone knows there is an actor impersonating Elton John. However, the same isn't true with AI generated images. AI is a valuable tool that can speed up many business processes, including speeding up the process of creating images for marketing materials. However, there's no transparency regarding the source of AI-generated images, and when those images resemble an actual individual, it raises right of publicity and copyright concerns. Read our article to learn about these legal concerns, what state laws apply when AI uses someone's image without authorization, and how the NO FAKES Act would create a national standard in this quickly developing area.
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 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.
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