Help, my concert was cancelled at the last minute!
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.
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.
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.
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.
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.
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.
The information sheet and a sample contract with further explanations are available to active SONART members on request.
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.
