Event promoter, Live Nation plans to cut artists payments, shift costs due to COVID-19

Posted at 10:01 PM, Jun 22, 2020
and last updated 2020-06-22 23:46:30-04

NASHVILLE, Tenn (WTVF) — The Coronavirus has left millions without work and struggling to make ends meet, many of which are in the entertainment industry.

A concert promoter, Live Nation, recently sent a memo to artists about pay cuts because of the Coronavirus pandemic.

Music in the Music City hasn’t been the same since the pandemic. President of the Nashville Musicians Association Dave Pomeroy says it’s been hard for artists in Nashville.

"It’s a very uncertain time and I think the music industry more than almost any other industry is going to be the slowest to come back," said Pomeroy.

And while many performers are struggling to find their next gig, Live Nation is cutting artists fees by 20% in 2021.

"Live Nation is a very powerful, influential company and they can to some extent impose their will; but it’s going to make it’s very difficult and I’m concerned about the trickledown factor to a tour that was almost going to be okay and then has canceled because the artist is in a position of great liability," said Pomeroy.

The company said "In order for us to move forward, we must make certain changes to our agreements with the artists," according to a memo released by the company to talent agencies obtained by Rolling Stone Magazine.

"Unfortunately, as much as we understand that all businesses had to make adjustments, this particular one seems very unilateral and it really shifts the burden away from promoters," said Pomeroy.

Pomeroy says with all the negativity surrounding Live Nation’s changes he hopes they will reconsider their demands.

Read the full memo below:

The global pandemic has changed the world in recent months and with it the dynamics of the music industry. We are in unprecedented times and must adequately account for the shift in market demand, the exponential rise of certain costs and the overall increase of uncertainty that materially affects our mission. In order for us to move forward, we must make certain changes to our agreements with the artists. The principle changes for 2021 are outlined below.

Artist Guarantees: Artist guarantees will be adjusted downward 20% from 2020 levels.

Ticket Prices: Ticket prices are set by the promoter, at the promoter’s sole discretion, and are subject to change.

Payment Terms: Artists will receive a deposit of 10% one month before the festival, contingent on an executed agreement and fulfillment of marketing responsibilities. The balance, minus standard deductions for taxes and production costs, will be paid after the performance.

Minimum Marketing Requirements: All artists will be required to assist in marketing of the festival through minimum social media posting requirements outlined in artist offer.

Streaming requirements: All artists will be required to allow their performance to be filmed by the festival for use in a live television broadcast, a live webcast, on-demand streaming, and/or live satellite radio broadcast.

Billing: All decisions regarding “festival billing” are at the sole discretion of the promoter.

Merchandise: Purchaser will retain 30 % of Artist merchandise sales and send 70% to the artist within two weeks following the Festival.

Airfare and Accommodations: These expenses will be the responsibility of the artist.

Sponsorship: The promoter controls all sponsorship at the festival without any restrictions, and artists may not promote brands onstage or in its productions.

Radius Clause. Violation of a radius clause without the festival’s prior authorization in writing will, at the festival’s sole discretion, result in either a reduction of the artist fee or the removal of the artist from the event, with any pre-event deposits returned to the festival immediately.

Insurance: The artist is required to maintain its own cancellation insurance as the promoter is not responsible for the artist fee in the event of a cancellation of the festival due to weather or a force majeure.

Cancellation by Artist: If an artist cancels its performance in breach of the agreement, the artist will pay the promoter two times the artist’s fee.

Cancellation Due to Poor Sales. If a show is cancelled due to poor ticket sales, the artist will receive 25% of the guarantee.

Force Majeure: If the artist’s performance is canceled due to an event of force majeure – including a pandemic similar to Covid-19 – the promoter will not pay the artist its fee. The artist is responsible for obtaining any cancellation insurance for its performance.

Inability to Use Full Capacity of the Venue: If the promoter – either because of orders of the venue or any governmental entity – is not permitted to use the full capacity of the venue, then the promoter may terminate the agreement, and artist will refund any money previously paid.

We are fully aware of the significance of these changes, and we did not make these changes without serious consideration. We appreciate you – and all artists – understanding the need for us to make these changes in order to allow the festival business to continue not only for the artists and the producers, but also for the fans.