Help, my concert has been canceled at short notice!
Concert cancellations shortly before the event is due to take place are annoying and often lead to uncertainty among musicians. SONART explains how you can protect yourself against this.
The concert cancellation comes out of nowhere. The bus has already been hired and the deposit paid, the audio technician has been booked, preparations are in full swing and the promotion is in full swing. And then it comes all of a sudden, the cancellation - just a few days before the concert.
If a concert is canceled at short notice, the facts of the case must be legally assessed in the event of a dispute. If the parties have not concluded a written contract for a concert or if an existing contract does not contain a provision for a cancellation, the provisions of the contract for work and services (Art. 363 CO et seq.) are usually (but not always!) applicable. Withdrawal from a contract for work and services is regulated in Art. 377 CO, according to which this can take place against "full indemnification". In this respect, there is a certain degree of protection for music creators in the event of a dispute, subject to the applicability of Art. 377 CO, but the enforcement of claims can involve considerable effort and be costly if the other party defends itself against them.
So how can musicians better protect themselves against cancellations at short notice? The problem often lies in the lack of a written agreement, as a concert contract can be concluded without any formal requirements. To prevent misunderstandings, SONART therefore recommends that at least the most important points are recorded in writing, ideally in a concert contract, but at least in a summary of the essential points of the contract (a so-called "deal memo"), for example by e-mail. This deal memo should be confirmed in writing by the organizer.
A contractual penalty - for example in the amount of the agreed fee - can help to prevent unnecessary concert cancellations at short notice, as these are coupled with compensation. In a specific case, the organizer would have to pay the fee immediately based on the breach of contract.
In order to take account of the uncertainties surrounding the issue of concert cancellations at short notice, SONART has produced a leaflet with the most important questions and answers and practical recommendations for action. The leaflet and a sample contract with additional explanations are available to SONART active members on request.
David Burger is a member of the Member Advice & Projects team and is responsible for legal advice at SONART. He studied law, specializing in contract law and copyright law.
