Music Performance Agreements #Natasha Bedingfield #Unwritten

In Music Law by FASHIONENTLAW™

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What is a Performance Agreement?
A Performance agreement is usually a 1-2page contract that outlines the legal expectations of both artists and promoters where an artist is expected to perform live on stage.

What Goes In a Performance Agreement?

a) Date of Performance
b) Time of Performance
c) Length of Performance (when event starts, doors open, how long you will perform as an artist)
d) Location
e) Fees
f) Equipment (sound, lights etc)
g) Termination
h) Liability
i) Signature

What about Rider Terms i.e. the Perks
Perks are categorized as “riders” or Rider terms. They include terms on hotel/accommodations, dressing room, tickets, hospitality, sound check/sound system, cancellation, ushers, security etc.

Advertising
When a promoter takes on the task of bringing an artist to perform, it creates conflict where an artist decides to do their own advertising of the event. That is a promoter’s job. So, for the most part, performance agreements call for the promoter to do all the advertising and if artist should seek to do any kind of advertising regarding the event, artist must discuss and get approval first with promoter.

Where the Legal Battle Usually Lies

Deposit Fees: Promoters, at times, can be shady refusing to fulfill the terms of an performance agreement, for example playing deposit fees.

How Do Deposit Fees Typically Work?

Initial Deposit: Promoter pays artist a non-refundable deposit fee prior to appearance on stage. That amount secures the artist. It is non-refundable because artist can be booked with Promoter A to perform at A’s event but has given up that opportunity to perform at promoter B’s event.

Full Balance: The balance of an artist fees to perform is usually due within 24-48 hours prior to performance. Obviously depending on the relationship an artist has with a promoter, they can work the details out on the time when the balance is due.

Cancellation: In the music world, this is a common issue.  Lawsuits abound of artists canceling shows and not performing. I have covered a few like the J-Lo & Mos Def situation. Artist, perform when you are asked to or else you risk exposure to a lawsuit and bad publicity. Promoters, be sure to include a clause that provides for what happens if artists cancels through no fault of your own and how you get your money back.

Merchandise
Touring can be quite expensive. Historically, bands/artists have covered the costs of touring/performing through selling merchandise. They sell CDs, hats, posters, t-shirts etc. Artists kept these monies. Now, everyone wants a piece of the pie. Promoters now negotiate a certain cut from these sales, anywhere from 15-40%.

That’s it from me. Obviously, it always makes sense to hire an attorney to draft a performance agreement for you that way your interest is protected.

Cheers,
Uduak

Natasha Bedingfield ‘Unwritten’ Live Performance

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WHAT IS Fashionentlaw™: It is a law blog discussing hot topics in pop culture that arise primarily out of the fashion industry and intersects/ collides with the law. WHAT I DO: My name is Uduak Oduok and I am a California licensed attorney who helps creatives and business owners sleep better at night by protecting their creativity and reputation, securing their rights, and helping them with the monetization of their intellectual assets. WHO I WORK WITH: I have counseled a range of clients from musicians, models, actors, actresses, and designers, to diverse business owners in numerous areas of the law including contracts, business law, fashion and entertainment law, copyright, trademark, and intellectual property law. I bring over two decades of first-hand knowledge and experiences that are as diverse as they are deep in the fashion and entertainment industries (modeling, retail, production, public relations, journalism, and publishing). I am an attorney who “gets it” when it comes to resolving legal issues for the fashion and entertainment industries. INTERESTED IN TALKING TO ME ABOUT LEGAL REPRESENTATION? To arrange a consultation to discuss your case, contact me today at 916-361-6506 or email me directly at (uduak@ebitulawgrp.com). Full bio: Ms. Uduak Bio/ Twitter @uduaklaw

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