Your Contract May Not Provide Cover From Music Covers

Copyright and intellectual properties rights are important considerations in the arts and culture industry. The industry strives to expand the awareness and exposure of creatives, but often either intentionally or inadvertently fall short when it comes to properly compensating creators. Admittedly, knowing your responsibilities when it comes to intellectual property/copyright and contracts in general can be confusing which is why they are subject of a fair number of posts on ArtsHacker. One of those tricky areas is payment of musical performance rights to entities like ASCAP, BMI, SESAC and GMR. In particular, … Read more

Contracting Closer Look Indemnification Clause

Contracting Closer Look: Indemnification Clause

The indemnification clause is a part of a contract that is often difficult to understand.  Even after reading this post, you will still want to consult a lawyer, but you will be more aware of what to pay attention to when it comes to the indemnification clause. Even if it isn’t labeled, the language of the clause is pretty distinctive running something like “X will indemnify, defend and hold harmless…against any claims, judgments, costs, fees, etc….” Entertainment lawyer Gordon Firemark does a good job discussion some possible scenarios in which an indemnification … Read more

Always Revise This Contract Language

One of my earliest posts on ArtsHacker encouraged people to feel comfortable with altering and amending contracts.  Every organization operates in a different environment and has varying levels of risk tolerance that will determine what changes they might make to a contract. Always Revise In This Scenario One contract scenario I would urge people to never leave unamended is where the service provider can cancel with minimal cost but where you as the contractor have to pay in full, plus some extra, regardless of the reason for cancellation. The examples I am … Read more

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