QUESTION

What are an artists rights when it comes to being defamed by a promoter at an event?

Asked on Sep 20th, 2012 on Entertainment Law - New York
More details to this question:
I was booked to play a music show and the promoters advertised it as 18 an up. Then the venue refuses to let anyone under 21 in the doors. While a crowd of fans waits on the street hoping they reconsider, then the promoter makes the equipment un-useable and then cuts the performer off very shortly after they start. In front of a group of fans that are inside the venue. Basically making it the artist look like a fool to the ones there and a liar to the ones who could not get in.
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5 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Based on the details you provided, you were contracted to perform at a certain place and on a certain day and time. Yu were present and ready to perform. The promoter is obligated to meet his side of the deal. If he failed to properly ascertain the terms of the venue, it's his problem. I'm not sure what you mean by making the equipment "unuseable" but if he deliberately did something to prevent you from meeting your side of the agreement, he is liable. As to whether he actually defamed you or this was just an unfortunate incident, check with a local attorney.
Answered on Sep 24th, 2012 at 6:45 PM

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The facts as you described, in my opinion, do not meet the definition of a defamation action. You have presented no evidence that anyone slandered the artist or committed libel by writing derogatory, damaging statements about the artist. What this does appear to be is a breach of contract action, if in fact, there was a contract with specific language as to the age limits of attendees. There are several parties involved in your fact pattern: the venue, the artist and the promoters. The venue is only bound by its contractual agreement. You will need to look at the contract signed by the venue to ascertain whether there was any language at all as to the age of attendees. The promoters may have gone off on their own and decided to advertise "18 and up." So, you really need to review the contract(s) to see who, if anyone, would be liable for a breach.
Answered on Sep 24th, 2012 at 5:02 PM

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Susan Marie Basko
California law and practice are very big on conducting entertainment business legally and properly, so it is odd and rare that this happened in California. In California, the only one that can legally book you to play a show is the venue owner, a show producer, or a licensed talent agent. In any of these 3 cases, they must be financially and legally responsible in every way. If you get involved with a "promoter," you can be sure you are involved with someone operating outside the law. And as you found out, it is a nightmare. California alcohol licenses for bars, clubs and restaurants are very strict. If it is a bar serving alcohol, the entry age is 21 and over. Sometimes a place that has significant food service also runs shows. They may be able to run an all-ages show during food service time. If you want to run a show that allows in teens, you need to book it at a place that does not serve alcohol. I have California music clients who do this very thing they book spaces and run their own events for teens. If you want to play for the teen crowd, you can also arrange to play at shopping malls, parks, plazas, schools, parties, and other such places without alcohol. I do not think this situation involves defamation. It does involve someone who is not licensed as a talent agent offering you employment in entertainment, which is illegal. You can complain online to the California Department of Industrial Relations. Google on that and you can easily find a complaint form online. After your bad experience, I hope you now understand why the State licenses talent agents and requires anyone booking a show to be licensed and insured. Also, it pays to have an entertainment lawyer to consult with on a regular basis, to guide you along, and check out any contracts or deals BEFORE you sign or agree to them.
Answered on Sep 20th, 2012 at 5:28 PM

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Entrepreneurial Business Law Attorney serving Portland, OR at Abts Law LLC
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If you can show damages, you may have a claim this will require a full legal analysis to fully figure out. You should take any contracts or other documents you signed and go see an attorney in person for a consult.
Answered on Sep 20th, 2012 at 3:08 PM

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Commercial Litigation Attorney serving New York, NY
Partner at Cuomo LLC
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This is not really defamation. You may have a cause of action for breach of contract but that would be limited to what you were getting paid to do the event.
Answered on Sep 20th, 2012 at 2:43 PM

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