The Mudcat Café TM
Thread #117780   Message #2548703
Posted By: JedMarum
25-Jan-09 - 09:57 AM
Thread Name: Discount CDs at gigs
Subject: RE: Discount CDs at gigs
Captain Birdseye - I am not misinformed. I've made my living at performing for the last decade. I play at least 150 year. A significant percentage of those shows are under formal contract, and every one of those shows has at least a letter/email between me and the venue, that details our agreement about the event. I am not Musician's Union member.

Most of the contracts I am offered by the venue and ALL of the contracts that I present to the venue stipulate that I have the right to sell CDs at the concert - if there is an agreed to arrangement for the venue to sell, and/or an agreement for a percentage of sales to be paid to the venue, that is detailed in the contract.

And if there is an agreement signed with NO stipulation as to the sale of CDs, I agree that a performer might feel he or she had the right to sell them - I simply said above that I would choose to abide by the venue's request not to, because I am a "guest in their house" - so to speak. I would simply not return.

AND by the way - all of this is a "tempest in a tea cup" - I have never had a concert venue ask me NOT to sell CDs. My whole point in this conversation is to say they have the right to stipulate that in the contract. I'd probably not sign such a contract, but it's their venue.

There are times where it's inappropriate for me, as an artist to sell CDs. Some of the obvious ones; I cannot sell directly from TV or radios shows (even though I can encourage sales from iTunes or other online sources), I've played some weddings and funerals - I've played memorial and various public services. I've played for classes at universities. I've been hired for big fundraising concert events, some of which allowed me to sell and some did not specify. I chose NOT to sell, but gave them CDs to sell for their fund raising.

The whole issue of CD sales comes down to what is agreeable between the venue and the artist. I have always taken the lead of the venue and I have never been disappointed. But if there came a time when I saw contract stipulations I could not abide by,I would not sign it.

Good fences make good neighbors.