Bach to Business Blog
Why A “Binding” Contract Doesn’t Really Bind the Parties
Many 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.
What a Japanese Television Drama Teaches Musicians About Band Agreements
In 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.
Boilerplate: Behind the Scenes, but Critical to Success
A 16-member team at Deutsche Oper Berlin isn't onstage, but they’re not entirely behind the scenes either. Concertgoers see them briefly, depend on them completely, and then usually stop thinking about them, as if they are invisible. Read our article to learn about the opera house's team and how it's similar to boilerplate provisions in contracts. People pay little attention to them -- until there's a problem.
Musician Fundraising - From Busking to Internet Crowdfunding
In 2003 Maria Schneider revolutionized musician fundraising by using Internet crowdfunding to finance her project. While Schneider's rewards-based crowdfunding wasn't subject to securities laws, some musician fundraising, such as royalty-based crowdfunding, can requirement compliance with those laws. Read our article to learn why musician fundraising done without legal guidance can land you in trouble with regulatory agencies.
Backdating -- When Something Isn't as Old as It Appears
In this photo, I was 16 years old and performing a solo part on live television. Moments before 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.
Why Businesses and Musicians Should Care About Copyright Sync Licensing
Sync licensing can be a major income source for composers and songwriters. Businesses should be aware that any time they use non public domain music in their video content, they may need a sync license.