Circling Radius Clauses In Music Performance Agreements

• Published date: 21 March 2024
• Law Firm: Gowling WLG
• Author: Ms Susan Abramovitch, Madison MacColl, Daniel Derkach and Rasan Sahota

Some Taylor Swift fans had their wildest dreams crushed by her Eras Tour. Swift, who played six sold-out shows last week in Singapore, was allegedly offered up to $3 million USD from the Singaporean government to abstain from performing elsewhere in Southeast Asia. Amidst criticism from some Thai and Filipino public figures that such a limitation is "unneighbourly," it's time to shine a spotlight on a powerful tool in the live entertainment industry: the radius clause.

What are radius clauses?

Radius clauses are a form of non-compete obligations commonly found in live music performance agreements. These provisions generally prohibit an artist from performing and/or publicizing other performances within a designated radius around the location where they are engaged to perform for a period of time leading up to and after the performance.

These clauses often form part of the larger performance agreement and can be enforced in various ways. Most commonly, if the performer violates the radius clause, the promoter/organizer can reclaim or withhold a portion of the performer's fees.

Why are radius clauses used?

Radius clauses are used to protect the up-front costs and initial investment of planning, hosting, producing and promoting a...