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Suggested Brand Supported Piracy Prohibition Rider for Touring Agreements

July 18, 2013

The new “best practices” shakedown has no affect on sponsorship agreements that prevent brand supported piracy

MUSIC • TECHNOLOGY • POLICY

As a follow up to yesterday’s post about artists contractually prohibiting promoters from advertising their shows on pirate sites, we have seen the following rider language start getting used:

“THE BUYER WILL NOT, AND WILL NOT AUTHORIZE THIRD PARTIES TO, ADVERTISE THE SHOW ON ANY WEBSITE THAT IS LISTED ON THE US TRADE REPRESENTATIVE’S NOTORIOUS MARKETS LIST (currently http://www.ustr.gov/sites/default/files/121312%20Notorious%20Markets%20List.pdf), OR THAT IS LISTED IN THE GOOGLE TRANSPARENCY REPORT (currently http://www.google.com/transparencyreport/removals/copyright/domains/?r=last-month), OR THAT THE ARTIST HAS INFORMED THE BUYER IS A SITE ON WHICH THE ARTIST DOES NOT WISH THE BUYER TO ADVERTISE THE SHOW.”

Obviously, this is not meant as legal advice and you should confirm with your own lawyers how this language might affect your rights under the particular agreement, but it should be a good starting place for any show agreement that is based on the American Federation of Musicians “One Nighter” agreement or the equivalent.

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