Entertainment Law: More SXSW Performers Denied Entry into US

The SXSW Festival in Austin, Texas is one of the largest music festivals in the country, attracting performers from all around the world.  The event that is currently happening this week is the first edition to occur during the Trump Administration and the change to Customs and Border Patrol's scrutiny of foreign visitors.  As a result, some performers who thought they were allowed into the US with the documentation they have are getting surprised when CPB denies them entry into the US.  You can read some of the news coverage here. 

Quick analysis of the SXSW/visa issue:

1. The SXSW organizers are not the arbiters of US immigration law, so when artists "have a letter from SXSW" and attempt to use that as proof with US Customs and Border Patrol, the artists are asking for trouble. That's like telling the police that your friend told you it was OK borrow the car when you get stopped.

2. What the performers are attempting to rely on is either the Visa Waiver program or a tourist visa, the latter of which prohibits any kind of employment. It's pretty simple. A B-2 visa, for example, allows participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating.

3. The artists are getting either no legal advice, or bad legal advice, and that's no defense.

4. The artists should have management & legal counsel in the US that can pave the way for their entry into the US to perform. If the performers obtained the right kind of visa - a P-2 or P-3 visa - they likely would not have this problem, as the P visas authorize holders to perform at entertainment events while they are in the US.

5. The purpose of the visa has to actually be the purpose for entry into the country. Performing at a promotional showcase is arguably a commercial purpose, which is why the performers are being denied entry. Even though the artists aren't getting paid cash, they are receiving value - (the old chestnut of "exposure"), plus the event organizers are certainly making money from the performers' appearances. That touches on another short essay for later about who benefits when artists work for "free".

Copyright Law Update: Grand Performance Rights

Over the last week I have received several inquiries from performing ensembles and venue managers regarding a concept known as “Grand Rights”.  If you have received a notice from a rights holder referring to Grand Rights, this note will provide a short explanation of why this is an important issue that must be addressed proactively. 

For indoor performing ensembles, whether they belong to Winter Guard International (WGI) or another organization, this is an issue that should not be ignored and I encourage you to contact me immediately upon receipt of such a notice. 

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Churches, Charities, and Elections

These are highly charged political times.  The level of public political discourse is not the most erudite and leaves much to be desired.  To put it mildly, there is more heat than light these days. 

Times like these are such that nonprofit leaders must be more vigilant than ever about the prohibition against nonprofit organizations from engaging in political campaign activity. 

Under the Internal Revenue Code, 501(c)(3) organizations, including charities and churches, are prohibited from engaging in political campaign activity.  This was enacted by Congress in 1954 and later strengthened over the years to include a prohibition against issuing statements opposing individual candidates. 

The concept of the prohibition arises from a close reading of Section 501(c)(3), which defines a 501(c)(3) organization as one "which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office."

One may ask why nonprofit leaders should be concerned about violating this rule.

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TLO Alert Re: Executive Order on Entry into the United States

The legal landscape is changing rapidly, perhaps now more so than any time in American history.  While we are only one week into the Trump Administration, federal policy is shifting before our very eyes.  The political climate is no doubt highly charged, as I am sure you have all experienced in your conversations with friends and neighbors.  

In a non-partisan and non-political way, I will do my best to analyze and provide context on the legal aspects of these federal issues that may directly or indirectly impact your businesses and/or organizations.  This analysis is intended to provide some clarity for TLO friends and clients.

Summary

On January 27, 2017, President Trump signed an Executive Order (the “Order”) entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States.” It is a densely worded document, but the Order does the following:

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TLO in The News

Last week I was honored to be interviewed by William Childs of The Morning Call about arts education and the life skills that propel entrepreneurs and startups.  Below is an excerpt from the article: 

Creativity and music are intrinsically linked.
Our current educational model completely misunderstands the power of music and the role it plays in enhancing the lives of children. There is irrefutable evidence that indicates the introduction of music into a child's early development can ignite multiple areas of his or her brain. That, in turn, can assist in a child's overall growth and development.
Bryan Tuk, the owner of Tuk Law Offices and the CEO of Allentown JazzFest, agrees.
"I started piano lessons when I was eight years old. It was beneficial in that the intellectual engagement cultivated while studying music helped me in other subjects," Tuk said. "Also, the patience developed when learning a new musical piece made me more methodical in my other subjects."

You can read the full article right here.  

The Art of Persuasion - excerpt

Not surprisingly, one of the most common fears people have is the fear of public speaking.  For some reason, it routinely ranks near the top of any survey of phobias, along with fear of flying and fear of heights.  It’s a very deep rooted thing for some.  I think we can all remember being in grade school and having to make a presentation in front of the class, and the anxiety that came along with that.  It seems silly now looking back as adults to being so worked up over a 1 or 2 minute presentation - a book report, or a verbal report on what you did over the summer. 

Being alone in front of a crowd at the center of attention is not a comfortable thing for many people even into adulthood.  As with every other critical business skill (or life skill for that matter), preparation makes all the difference.  

When people say they are afraid of public speaking what they really are saying is that they are afraid of being unprepared in front of an audience and not knowing what to say.  That feeling of helplessness, or of unpreparedness, can be easily addressed by preparation. 

Some people are just natural salespeople or natural performers.  But, I submit that everyone can become a decent public speaker if they take a few very practical, common sense tips that follow and put them into practice.

To learn more, you can purchase The Art of Persuasion in the TLO Store.