Radius clause

Last updated

A radius clause is a form of non-compete clause used in the live music industry, in which a tour promoter stipulates that a performer, for a certain length of time prior to or following an appearance at a concert or festival, must not hold concerts at other locations within a certain radius of the city where they are to perform. In essence, it gives the promoter a form of territorial exclusivity, ensuring that the performer does not book concerts with competing promoters and venues in nearby areas, which can undermine ticket sales for their main event.

Contents

Critics in favor of radius clauses have agreed with their intent to protect the investments of organizers into the production and promotion of music events, [1] and that they are a worthwhile trade-off for acts wanting to obtain the expanded exposure that a festival performance can provide. Others have criticized the concept, arguing that they effectively discourage major acts from performing in smaller cities, and are influenced by a profit-oriented mentality in the live events industry. In 2010, the state of Illinois also launched an antitrust investigation into the use of radius clauses by Lollapalooza.

Effects

Radius clauses contractually ensure that a particular act does not hold events at competing venues or festivals within a certain distance of a city in which they are scheduled to perform, for a length of time prior to and/or after the performance. [1] For example, a band booked to perform at a venue in San Francisco may be barred from performing in cities within a 60 miles (97 km) radius of San Francisco, for 60 days, before and after the concert. These clauses intend to maximize ticket sales; as an act cannot also perform concerts in smaller, nearby markets, fans in these markets are forced to instead buy tickets for the act in the major market. [1] [2]

The use of radius clauses has been considered controversial by some venue owners—especially those who own small-market venues in proximity to larger markets, or those in markets with a large number of venues—as they affect their ability to book major acts. In the city of Chicago, radius clauses imposed by the city's major music festival Lollapalooza can make it difficult for venues and block parties around the city to book major acts during the lucrative summer months. Similar effects are faced by the Greater Los Angeles Area in the lead-up to the Coachella Festival, although they are not as pronounced as those of Lollapalooza because their radius clauses fall during the winter months. [1] [2] [3]

Dangerbird Records founder Jeff Castelaz argued that such clauses were a "reality" in the music business, since music festival promoters have to protect their investments in securing acts and promoting their event. [3] On the other hand, while noting that festival appearances can be a significant milestone for an up-and-coming act rather than exclusively playing clubs, talent agency head Tom Windish felt that there was a mentality in the live events industry where "if you don't have 75,000 people at your event, it's a failure." [3]

Notable users

Coachella

The Coachella Valley Music and Arts Festival uses radius clauses which, as of 2012, could prevent acts from performing in Los Angeles, the Inland Empire, or San Diego for up to three months before and after the festival. The festival has allowed some of its acts to make appearances in the region prior to the festival, but only at events and venues operated by festival parent company Anschutz Entertainment Group (AEG)—such as Jay-Z at Staples Center in 2010. That year also marked the first time Coachella had ever sold out in advance. [3] [4] [5]

In 2018, the organizers of the Portland, Oregon Soul'd Out Music Festival filed an antitrust lawsuit against AEG, alleging that Coachella had enforced radius clauses much stricter than previously reported. In its original complaint, the organizers stated that the restrictions had extended to the entirety of California, as well as Arizona, Nevada, Oregon, and Washington. In an amended complaint, the organizers identified that Coachella performers are forbidden from: [6]

Other events

In April 2010, it was reported that Illinois Attorney General Lisa Madigan had launched an antitrust investigation into the Lollapalooza festival's use of radius clauses. [7] It was alleged that the festival had imposed radius clauses on performers that were so strict, that some acts were barred from performing within 300 miles (480 km) of Chicago—including cities as far as Detroit, Indianapolis, and Milwaukee —for as long as six months prior to, and three months after Lollapalooza. [1] [7] The investigation was closed in 2012 with no action taken. [8]

In June 2014, the Toronto festival NXNE announced that it would drop a 45-day radius clause it had implemented for its 2014 edition, following protests by fans and artists (including a Change.org petition with over 3000 signatures), with a particular emphasis on its effects on emerging artists. NXNE 2014 marked the first time that it had been held just weeks after Canadian Music Week (CMW)—which had moved to May from its traditional March date; the clause had been implemented primarily to prevent NXNE acts from performing at CMW. [9] [10]

In 2017, South By Southwest (SXSW) was the subject of criticism for several controversial clauses in its performance contracts, including one warning that international performers entering the United States under the Visa Waiver Program to perform at SXSW would face threats of deportation and passport revocation if they performed outside of their "official" events (a large number of parties unaffiliated with SXSW are held in Austin alongside the official festival). Managing director Roland Swenson stated that this clause was based on U.S. immigration law; performing in the country requires a work visa, but SXSW performers have typically qualified under the Visa Waiver Program because it classifies itself as an "industry showcase". Those who do perform under this clause are legally forbidden from performing any shows beyond the specific showcase they have been granted permission for. Some critics initially interpreted this statement as being a traditional radius clause. [11] [12]

Related Research Articles

<span class="mw-page-title-main">Lollapalooza</span> American music festival

Lollapalooza (Lolla) is an annual American four-day music festival held in Grant Park in Chicago. It originally started as a touring event in 1991, but several years later, Chicago became its permanent location. Music genres include alternative rock, heavy metal, punk rock, hip hop, and electronic dance music. Lollapalooza has also featured visual arts, nonprofit organizations, and political organizations. The festival hosts an estimated 400,000 people each July and sells out annually. Lollapalooza is one of the largest music festivals in the world and one of the longest-running in the United States.

<span class="mw-page-title-main">Perry Farrell</span> American singer, songwriter and musician

Perry Farrell is an American singer, songwriter, and musician referred to as the "Godfather of Alternative Music". Farrell began his career with Psi Com in the early 1980s, before becoming the frontman of the band Jane's Addiction. He became well known for his success with Jane's Addiction; the band quickly became a key act in the '80s Los Angeles music scene, blending punk, metal, and psychedelic rock to create a unique sound. Their daring live performances and experimental approach resonated with disillusioned youth, contributing to the rise of alternative music as a form of rebellion and self-expression.

<span class="mw-page-title-main">Coachella</span> American annual music and arts festival held in Indio, California

Coachella is an annual music and arts festival held at the Empire Polo Club in Indio, California, in the Coachella Valley in the Colorado Desert. It was co-founded by Paul Tollett and Rick Van Santen in 1999, and is organized by Goldenvoice, a subsidiary of AEG Presents. The event features musical artists from many genres of music, including rock, pop, indie, hip hop and electronic dance music, as well as art installations and sculptures. Across the grounds, several stages continuously host live music.

A Gathering of the Tribes was a two-day music and culture festival organized by Ian Astbury and promoter Bill Graham, held in California in October 1990. It is considered the precursor to the Lollapalooza touring festivals of the 1990s, an opinion shared by Astbury himself. The festival was held at the Shoreline Amphitheatre in Mountain View on October 6 and the Pacific Amphitheatre in Costa Mesa on October 7. The event was intended to raise money for and awareness of Native-American-related causes. A performance by the American Indian Dance Theatre preceded the festival each day. The concert grounds also hosted tents for Act Up, Amnesty International, Greenpeace, Rock the Vote, and local animal rights organizations.

A tour manager is the person who helps to organize the administration for a schedule of appearances of a musical group (band) or artist at a sequence of venues. In general, road managers handle tour details for their specific band, while tour managers are used to oversee the logistics, finances and communications for tours as a holistic entity. So, on any given tour, there may be road managers taking care of each band as well as a Tour Manager responsible for caring for the entire tour. The Tour Manager may also be the headlining band's road manager.

<span class="mw-page-title-main">Canadian Music Week</span> Canadian industry conference and music festival

Canadian Music Week is an industry conference and music festival held over ten days in Toronto and Ontario, Canada.

<span class="mw-page-title-main">Kevin Lyman</span>

Kevin Lyman is the founder and operator of the Kevin Lyman Group, formerly known as 4Fini, Inc., a live event production company and brand strategy firm. His most notable live production is the live music festival series Vans Warped Tour, which attracted about 750,000 people annually and was the longest-running North American festival concert tour.

South by Southwest (SXSW) is an annual conglomeration of parallel film, interactive media, and music festivals and conferences organized jointly that take place in mid-March in Austin, Texas, United States. It began in 1987 and has continued growing in both scope and size every year. In 2017, the conference lasted for 10 days with the interactive track lasting for five days, music for seven days, and film for nine days. There was no in-person event in 2020 and 2021 as a result of the COVID-19 pandemic in Austin, Texas; in both years there was a smaller online event instead.

<span class="mw-page-title-main">Jets Overhead</span> Canadian rock band

Jets Overhead are a Canadian alternative rock band formed in 2003 and based in Victoria, British Columbia.

<span class="mw-page-title-main">Music festival</span> Expansive music performance event

A music festival is a community event with performances of singing and instrument playing that is often presented with a theme such as musical genre, nationality, locality of musicians, or holiday. Music festivals are generally organized by individuals or organizations within networks of music production, typically music scenes, the music industries, or institutions of music education.

<span class="mw-page-title-main">Todd Patrick</span>

Todd Patrick is an organizer of independently produced concerts, based in New York City. Patrick was born in 1975 in Indiana, and grew up in Richardson, Texas.

<span class="mw-page-title-main">Riverbend Music Center</span> Outdoor amphitheater

Riverbend Music Center is an outdoor amphitheater located in Cincinnati, Ohio, along the banks of the Ohio River. It has a capacity of 20,500 and was built for the Cincinnati Symphony Orchestra, to allow them to play in an outdoor venue during the summer months. Its location is directly adjacent to Coney Island water park and Belterra Park. Famed architect and 2012 Driehaus Prize winner Michael Graves designed the building. The venue is owned by the Cincinnati Symphony Orchestra, booked and operated by its subsidiary, Music and Event Management Incorporated (MEMI) and also partners with Live Nation.

C3 Presents is a concert promotion, event production and artist management company based in Austin, Texas. C3 also produces several multi-day festivals including Austin City Limits Music Festival in Austin Texas, Two Step Inn Music Festival in Georgetown Texas, Voodoo Music + Arts Experience in New Orleans, and Lollapalooza in Chicago along with its six international editions. Since 2014, C3 has been owned by parent company Live Nation Entertainment.

M for Montreal is an annual 4-day music event produced by Avalanche Prod that is held in various venues in Montréal, Québec. It usually takes place on the third weekend of November.

<span class="mw-page-title-main">North by Northeast</span>

North by Northeast is an annual music and arts festival held each June in Toronto, Ontario, Canada. The festival's main focus is live music, particularly emerging talent. Acts that have had break out appearances at NXNE at small venues early in their careers include Lizzo, Daniel Caesar, Run the Jewels, The Lumineers, Grimes, Gary Clark Jr., The Arkells, Feist, and Billy Talent. In its return post-COVID, the festival embraced its roots as a discovery event, programming exclusively in Toronto's live music venues.

Japan Music Week (JMW) was an annual international music showcase festival and convention, covering all kinds of music genres, industry sectors, and regions. JMW first began in 2009 and was centered on the downtown music hub of Shibuya, Tokyo.

<span class="mw-page-title-main">C2SV</span>

Creative Convergence Silicon Valley, or C2SV, was an annual multi-day music festival and technology conference held each fall in San Jose, California, United States from 2012 to 2016. It was founded in 2012 as the Silicon Valley Sound eXperience (SVSX) and changed its name in 2013 with the addition of a technology conference.

<span class="mw-page-title-main">Badlands Tour</span> 2015–16 concert tour by Halsey

The Badlands Tour was the first headlining concert tour by American singer-songwriter Halsey, launched in support of her debut album, Badlands (2015). The tour began on September 30, 2015, at the House of Blues in San Diego, California, and concluded on September 18, 2016, at the Marina Bay Street Circuit in Singapore.

<span class="mw-page-title-main">Lady Wood Tour</span> 2017 concert tour by Tove Lo

The Lady Wood Tour was the second headlining concert tour by Swedish recording artist Tove Lo in support of her second major-label studio album Lady Wood (2016). The tour began on 6 February 2017, in Seattle, Washington, at the Showbox SoDo, and it concluded on 14 October 2017 at the Austin City Limits Music Festival in Austin, Texas.

References

  1. 1 2 3 4 5 "So maybe Coachella's booking rules aren't so egregious after all". Los Angeles Times. 25 June 2010. Retrieved 24 June 2014.
  2. 1 2 Hecht, Anna (10 July 2013). "The Dreaded Radius Clause". Bohemian.com. Retrieved 24 June 2014.
  3. 1 2 3 4 "Coachella and destination festivals: the hidden costs". Los Angeles Times. 15 April 2010. Retrieved 24 June 2014.
  4. ↑ "Coachella organizers bend rules on bands playing non-festival venues". KPCC. 17 April 2012. Retrieved 24 June 2014.
  5. ↑ "Marooned in L.A. For A Week, Coachella Bands Make Do". NPR.org. NPR. Retrieved 24 June 2014.
  6. ↑ Brooks, Dave (June 20, 2018). "Coachella's Radius Clause Details Exposed in Legal Fight With Oregon Festival". Billboard.com . Retrieved October 19, 2018.
  7. 1 2 "Attorney General Investigates Lollapalooza". Rolling Stone. 25 June 2010. Retrieved 24 June 2014.
  8. ↑ "New Lolla deal: A blown opportunity". WBEZ Chicago. 2012-04-15. Retrieved 2023-12-24.
  9. ↑ "How Canadian Music Week and NXNE Are Learning To Get Along". Billboard. Retrieved 24 June 2014.
  10. ↑ "NXNE, CMW Remove Radius Clause While 'Why NXNE Sucks' Panel Rages". Billboard. Retrieved 24 June 2014.
  11. ↑ "Task Force Assembled to Address an Unequal Visa System for U.K. Musicians". Billboard. Retrieved 2017-09-10.
  12. ↑ "How SXSW Got Pegged as the Anti-Immigration Music Festival". Spin. 2017-03-03. Retrieved 2017-09-10.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.