Intellectual Property Law Training Carla Parris Attorney at Law LLB, LLM

Intellectual Property Law Training

Performance Agreements Carla ParrisEntertainment LawAttorney at Law LLB, LLM

Four main ingredients of a contract:OfferAcceptanceConsiderationIntention to create legal relations

Agreement-This is formed when one party accepts the exact offer of the other party to a contract I.e this implies a meeting of the minds. There would normally have been an exchange of words or documentation beforehand which is then reduced in writing

Consideration-This is provided by both parties when they promise to give or do something in return for entering into legal relations. For e.g you the producer promise to produce the film in exchange for sponshorship/funding

Intention to create legal relations-it is essential that parties to a contract intend that their actions be legally enforceable

Form-Contracts can either be oral or written.

Performance contractStipulates payment for performance and disbursement schedule

Technical and hospitality rider- technical requirements for transportation of pans overseas, size of stage, type of speakers, number of microphones

Dressing room requirements-separate for male and female, size preferences, type of meal provisions

Number of sound checks required prior to performance

Liability in event that performance does not take place

Performance contract contd Provision of airline tickets and class of tickets

Provision for hotel accommodation and class of hotels

Provision of backstage passes, passes for crew and staff

Obligation of ArtisteIt is able to enter into this Agreement and that it has no personal touring or recording commitments which interfere with artistes ablility to perform

If there is change in membership of the band (due to any band members leaving) that the Promoter will be informed

The person signing has the full authority to negotiate and agree to the terms of the Agreement.

Obligations of promoterTo pay the fee in stipulated time frame

To provide adequate security during the event

To secure relevant licences from the local authorities; COTT, Fire, Police, Bar

To enable access to Artistes crew for set up of the venue

Whether to allow sale of merchandise or not?

Sample Contract

Technical Rider checklistHow many people in the band, what instrument each person plays, and whether they sing

Below each bullet, include a sub-bullet that states how many and what type of inputs each requires, otherwise known as an input list. For example, under your keyboard player you might write "2 XLR -> DI -> board" as well as any particulars such as, "our vocalist sings through a mono effects pedal -> DI -> board." This should give the soundman a clear picture of how many people are in the band, which instrument each person plays, and how many lines/inputs will be on the stage feeding the console.

Checklist continuedA summary of which instruments and backline you are carrying, and which you expect to be supplied by the venue

Be specific include the main pieces of gear, but also less obvious things such as: mic stands, a drum throne, hardware, cymbals, a rug, amps, DIs, microphone types, etc. This should be in the form of two lists so that the soundman has an easy-to-scan checklist.

Checklist continuedBe specific include the main pieces of gear, but also less obvious things such as: mic stands, a drum throne, hardware, cymbals, a rug, amps, DIs, microphone types, etc. This should be in the form of two lists so that the soundman has an easy-to-scan checklist.

For example:

The band will supply: drums, cymbals, two guitars, bass, one guitar amp, keyboards with interface, two DIs, one dynamic vocal microphone.The venue will supply: drum hardware (specify which kind), drum throne, carpet, one tube bass amp (Fender Bassman TV duo 350 watt or similar), one guitar amp (Fender Hot Tod or similar), three DIs, eight mic stands.

Technical Rider continuedFrontline description

Frontline" refers to the PA system. Make sure your tech rider clearly states your expectation from the PA, monitors, and console. This should include general specs such as two-way speakers, wattage, how many monitors youll need on stage, and whether you require a subwoofer. A sub might be very important for your sound, and not every PA has one.

Checklist continued Stage plot

A stage plot is a graphical representation of all band members on stage, where each is positioned, and what should be provided for them at that location. The main elements are microphones, power outlets, monitors, amps, and DIs. This provides the soundman with a visual overview and allows them to start setting up before you even arrive, which will leave you more time for soundcheck

Technical Rider Example

Technical rider for Steel explosion

What are the key technical elements?

How many hours set up time is needed?

How many microphone stands?

What size of stage?

Do you have stage plan?

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Technical Rider Bao Simba

What are the key technical elements?

How many hours set up time is needed?

Any special requirements for drummers?

NO examples on what these agreements would look like because you will not be writing song etc but rather you are interested in clearing rights 16

What is a hospitality rider? Outlines elements needed to make the artistes and the band members as comfortable as possible prior and post performance

Size of dressing rooms

Type of facilities/infrastructure in dressing rooms

Type of food (catering requests)

Beyonce hospitality rider

BEYONCE concert footage Glastobury

Beyonce hospitality rider examples In Touch weekly cited examples of Beyonces rider:-

Dressing Room must be baby proofed

Jo Malone Grapefruit candles-awaken the senses

Brand new white towels (2 face 2 body)

All white furniture- When performing at such a high level one requires a relaxing space

Full length mirror

White area rugs, blender for smoothies, 2 bars Irish Spring soap

Outrageous rider requests

Recent Performance breaches- BUSY SIGNAL Arrested at Hilton Hotel prior to performance at Together is one July 2015

Taken to Hall of Justice to pay outstanding debt hours before performance

Hearing took place on a breach of contract lawsuit filed by local promoter Peppers Entertainment

Busy Signal Ordered to pay US$15,000 to PE with promise to pay balance of US$22,088 within 30 days

Arrrest was effected by a Fugae Warrant- Pursuant to Section 2 & 3 of Absconding Debtors Act

Busy Signal BS argued that PE struck deal with his agent Jukebox Productions in November 2012 for a performance in Trinidad

Fee would have been$US60,000 with PE agreeing to advance of $US37,088 and balance on day of concert

Money was paid

Busy Signal BS stated that in April 2013 Gordon asked PEs managing director if he could have more hype in the advertisement of the concert since it was his first appearance in Trinidad since being released from prison in December 2012 and they both agreed to postponement

Agreement was that since deposit had already been paid that when a new contract was drawn up for a new date the deposit would be deducted.

New contract draw up- No agreement by BS to deduction.

Busy Signal Interview.

Radio Ad

Dispute over whether performing??Machel Montano- Absence of a performance agreement in first place.

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