The concert cancellation comes without warning. The bus had already been hired, the deposit paid, the audio technician booked, preparations well underway, promotion in full swing. And then, all of a sudden, the cancellation comes - just a few days before the concert.<\/p>\n
If a concert has to be cancelled at short notice, this must be legally assessed in the event of a dispute. If the parties have not concluded a written contract for a concert, or if the existing contract contains no provision for cancellation, the provisions of the contract of enterprise (art. 363 CO et seq.) generally (but not always!) apply. Termination of a contract of enterprise is governed by art. 377 CO, which stipulates that termination may be in return for \"full compensation\". In the event of a dispute, music creators thus enjoy a certain degree of protection when art. 377 CO is applicable; however, enforcement of rights can prove very complicated and costly if the opposing party opposes it.<\/p>\n
So how can musicians best protect themselves against last-minute cancellations? The problem often lies in the fact that the agreement has not been drawn up in writing, as a concert contract can be concluded without any particular form.<\/p>\n
To avoid any misunderstandings, SONART recommends that, at the very least, the most important points be set down in writing, ideally in a concert contract, or by summarizing the essential points of the contract (a document known as a \"deal memo\"), for example by e-mail. The organizer must reconfirm this document in writing.<\/p>\n
A contractual penalty - e.g. equivalent to the agreed fee - can help avoid unnecessary, last-minute concert cancellations, as it is coupled with compensation. In such a case, the organizer would be obliged to pay the fee immediately for breach of contract. To alleviate the uncertainties associated with the subject of short-term concert cancellations, SONART has drawn up an information sheet with the main questions and answers, as well as practical recommendations on how to proceed.<\/p>\n
The information sheet and a sample contract with further explanations are available to active SONART members on request.<\/p>\n
<\/p>\n
David Burger is in charge of Legal Advice and Film Music & Media projects. Responsible for legal support at SONART, he studied law, specializing in contracts and copyright.<\/p>","protected":false},"excerpt":{"rendered":"
Concerts canceled at the last minute are an unfortunate occurrence, and often leave music creators with a feeling of uncertainty. SONART explains how to protect yourself against such an inconvenience.<\/p>","protected":false},"author":36252,"featured_media":31156,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_relevanssi_hide_post":"","_relevanssi_hide_content":"","_relevanssi_pin_for_all":"","_relevanssi_pin_keywords":"","_relevanssi_unpin_keywords":"","_relevanssi_related_keywords":"","_relevanssi_related_include_ids":"","_relevanssi_related_exclude_ids":"","_relevanssi_related_no_append":"","_relevanssi_related_not_related":"","_relevanssi_related_posts":"","_relevanssi_noindex_reason":"","pgc_sgb_lightbox_settings":"","footnotes":""},"categories":[31,54],"tags":[],"class_list":["post-31152","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-basis","category-sonart"],"acf":[],"yoast_head":"\n