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Q & A

Each month, MusicBizAdvice.com answers your questions about the music industry.

Concert Promotion Basics Artists and Aspiring Talent Buyers Should Know: Deposit, Radius clause, Force majuere, Transportation, Settlement, What Happens When a Show is Canceled, and Why Artists, Agents, and Managers Won’t Work with Promoters they Don’t Know

Q. I'm interested in bringing some concerts to my town of approximately 50,000.  You have mentioned the radius clause several times in other Q&A responses.  What is the typical distance stated in a radius clause?

What provisions are in the performance contract to protect the promoter from cancelled performances for reasons like no shows, illness, transportation problems etc?

How does the money flow work?  In other words, say an artist's fee is $30,000, how much of that do you have to pay up front and how much is settled on the day of the show?

Thanks, [name withheld]


 A.
I’m glad you wrote. But before I answer your questions I have to be brutally honest and say the questions you’re asking indicate you’re not quite ready to take on promoting concerts on your own, because they indicate that you may have never seen an AFM performance agreement…something every concert promoter should be very familiar with.         

Before you risk what amounts to half the price of a small home in certain parts of the US, I strongly suggest working for the competition for a year or so to learn the basics of performance agreements and what goes into presenting a successful show. For free as an intern if you have to. Otherwise, you and the artists you present are in probable danger of losing a lot of money. (Not to mention your reputation, as well as the artist’s.)

For all their complaints and mistrust of each other (as is evident in the phrasing of some of your questions), there’s a certain degree of faith between a promoter and artist that exists in addition to an ironclad contract. Some major artists have done shows with certain promoters for over 25 years because along with a clearly worded contract, they know they can count on each other to get the job done to make a lot of money together.

As an agent or manager, I would not send a client to do a show for a new promoter I didn’t know. Not because I’d think I was too good to give someone a chance, but because I couldn’t trust that promoter to make the show run smoothly and safely…let alone do a show that makes money. If he didn’t know the basics of performance agreements and AFM regulations, it’d be a pretty safe bet he also didn’t know the basics of OSHA safety regulations. That leaves the audience, artist and crew potentially vulnerable…and the artist and promoter vulnerable to potentially career-ending lawsuits.

Take a year to work for the competition, and you’ll learn things that can earn you a lifetime of money later. You’ll also build up a rolodex of contacts that are crucial toward building agents’ and managers’ faith in you as a promoter so they’ll consider your offers. 

Meanwhile, to add to your education, here are the answers to your questions about specific contract points and how the artist gets paid. And here is an article that explains the AFM Artist Performance Agreement in detail.

Good luck!

Randi Reed
Editor-in-Chief / Founder
MusicBizAdvice.com

 
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Got a question about the music business? Email your questions with "Q&A" in the subject line. Include your name or initials, city and state, and the name of your band, if applicable. Questions of a general nature will be answered as space allows. (Be sure your spam filter is set to accept email with hyperlinks from TalkToMBADC@aol.com or MuzBizAdvc@aol.com so we can let you know  your question is answered and direct you to additional information if necessary.)

Answers in the MBADC Q&A are to be taken as general advice only and are not intended as a substitute for legal advice from a competent entertainment or intellectual property rights attorney.

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