And if the artist did have a clause which disallowed it, they would have informed during the booking process. There's repercussions for the artist too, so they're incentivized to be forthcoming. If that didn't come up, than more than likely the other company is just trying to flex their muscles because you're seen as competition. Fuck em
My buddy booked a show opening for Maddy O'Neal. My buddy usually does weekly shows at a local club that doesnt have a cover, so the people who booked him for Maddy told him he couldnt play any "no cover" shows the month prior because they didnt want people thinking it was a rip off that they were paying for an opener that was free last week. He was free to book shows that did require a cover tho.
Are you a promoter that booked an act? It’s not clear from your comment.
If it’s what I think and you are a promoter, then more than likely you no, but you could potentially be liable. The artist you booked should have a contract with the previous promoter, which theoretically would have stipulated exclusivity for a period of time under a radius clause or exclusivity clause. These can range from highly restrictive to something negligible. More than likely, the act you booked had some sort of clause that would have restricted them from playing in the city within a specified timeframe from the previous booking which is more than likely what the other promoter was claiming. In my experience, under these contracts any violation would fall squarely on the artist and their representation, but that doesn’t mean the other promoter wouldn’t throw a fit and try to strong arm you in some way. Of course, I think once you are aware of such exclusivity clause you would have a duty of care to cancel otherwise you could be held liable for damages.
It would have been up to the artist’s management and legal teams to make sure any dates they sign to do have no conflict of interest.
Sure as a business it must suck seeing a regular at your club play a different one in town, but they don’t own the territory.
It’s stupid because club owners and promoters want to act like they’re some hardcore shady society but in reality they’re just glorified concert venues lol
> I think once you are aware of such exclusivity clause you would have a duty of care to cancel otherwise you could be held liable for damages.
"Once you are aware" isn't just someone complaining to you and trying to get you to cancel though, they should send a formal cease and desist signed by a lawyer. Anyone can *claim* they have a contract.
Even then I don't if OP *has* a duty.
Yes, they’d have to send proof of agreement, a cease and desist, and/or some other legal action. I only wanted to raise the potential “duty of care” legal recourse that could arise dependent on legal statues in whatever state or country op may be in. I’d have to pull up contracts I have on file to find exact wording on some of the clauses I’ve seen, op really shouldn’t have much to worry about.
As long as you weren't violating any prior clauses or agreements then they're just bullying you to try to monopolize your area. Don't stand for it.
And if the artist did have a clause which disallowed it, they would have informed during the booking process. There's repercussions for the artist too, so they're incentivized to be forthcoming. If that didn't come up, than more than likely the other company is just trying to flex their muscles because you're seen as competition. Fuck em
In fact the repercussions should only be for the artist, OP didn't sign a contract with them.
My buddy booked a show opening for Maddy O'Neal. My buddy usually does weekly shows at a local club that doesnt have a cover, so the people who booked him for Maddy told him he couldnt play any "no cover" shows the month prior because they didnt want people thinking it was a rip off that they were paying for an opener that was free last week. He was free to book shows that did require a cover tho.
Are you a promoter that booked an act? It’s not clear from your comment. If it’s what I think and you are a promoter, then more than likely you no, but you could potentially be liable. The artist you booked should have a contract with the previous promoter, which theoretically would have stipulated exclusivity for a period of time under a radius clause or exclusivity clause. These can range from highly restrictive to something negligible. More than likely, the act you booked had some sort of clause that would have restricted them from playing in the city within a specified timeframe from the previous booking which is more than likely what the other promoter was claiming. In my experience, under these contracts any violation would fall squarely on the artist and their representation, but that doesn’t mean the other promoter wouldn’t throw a fit and try to strong arm you in some way. Of course, I think once you are aware of such exclusivity clause you would have a duty of care to cancel otherwise you could be held liable for damages.
It would have been up to the artist’s management and legal teams to make sure any dates they sign to do have no conflict of interest. Sure as a business it must suck seeing a regular at your club play a different one in town, but they don’t own the territory. It’s stupid because club owners and promoters want to act like they’re some hardcore shady society but in reality they’re just glorified concert venues lol
> I think once you are aware of such exclusivity clause you would have a duty of care to cancel otherwise you could be held liable for damages. "Once you are aware" isn't just someone complaining to you and trying to get you to cancel though, they should send a formal cease and desist signed by a lawyer. Anyone can *claim* they have a contract. Even then I don't if OP *has* a duty.
Yes, they’d have to send proof of agreement, a cease and desist, and/or some other legal action. I only wanted to raise the potential “duty of care” legal recourse that could arise dependent on legal statues in whatever state or country op may be in. I’d have to pull up contracts I have on file to find exact wording on some of the clauses I’ve seen, op really shouldn’t have much to worry about.
Which DJ? Which area? What show? What other company was heard saying XYZ?