L'industrie du live, dissertation en anglais

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This second example is directly related to the last text of law which I will be mentioning for this Health & Safety section, which is the Regulatory Reform Order. This order applies virtually to all premises and covers nearly every type of building structure and open space, but it also applies to people’s private homes, including individual flats in a block or house.

The main rules under this order are as follows:

*You must carry out a fire risk assessment identifying any possible risks and dangers.

*You must consider who may be especially at risk.

*You must get rid of or reduce the risk from fire as far as is reasonably possible and provide general fire precautions to deal with any possible risk left .

Licensing

In England and Wales there are three licensable activities, which are:

-The sale of alcohol

-The provision of regulated entertainment

-The provision of late night refreshment (sale of hot food and drink between 11pm to 5am)

If a venue wants to do one or all of those licensable activities permanently then it must have a premise licence do to so lawfully. To carry out one or more of those licensable activities on a temporary basis you can apply for TEN’s. Any individual over the age of eighteen can give notice for a TEN’s. But there are a number of limitations in relation to a TEN’s:

Firstly a temporary event notice can only last for a maximum of seven days or a hundred and sixty eight hours; a minimum of 24 hours must go by between each temporary event notice period; the maximum number of temporary event notices allowed per venue/per calendar year is of twelve. Another restriction that you need to be aware of is that there is a maximum of no more than four hundred and ninety nine ( of what??) allowed at each temporary event.

And finally there is a maximum of twenty one days per premises/per calendar year for temporary event notices. It is also important to know that there is more which applies to the individual applicant for a TEN’s. Those limits are that if you are the personal licence holder, you can apply for fifty TEN’s or ten late TEN’s per calendar year and if you are an individual who does not hold a personal license then the limits are more limited [five TEN’s or two late TEN’s as a maximum per calendar year].

Also, you must remember that you may have a personal responsibility if you apply for a TEN’s in your name, you will then have a personal responsibility for the conduct of the event (legally that will be your responsibility even if you are not actually present at the event).

Whether a licence is needed for music entertainment will depend on the circumstances. A licence is not required to stage a performance of live music, or the playing of recorded music if:

*The audience is no more than 500 people.

*It takes place between 8AM and 11PM.

*It takes place at an alcohol-licensed premise.

You also don’t need a licence under the following circumstances:

*If you are putting on amplified live music at a workplace between the same hours and provided the audience is no more than 500 people.

*To put on unamplified live music at any place between the same hours.

Contract & relationship

Key roles

In the music industry, the role of an agent or a booking agent is to get their band of choice paid performances at clubs or festivals, as they only book you to perform shows. The agent is usually the last part of the equation, because unless your band is at the level at which they can sell tickets in another city, you usually don’t need one. An important notion to understand is that every booking agent works off commission and takes 10% of the performance fees, and most DJ’s agencies take 15% .

The promoter or concert promoter The agent will get in touch with the promoter to let them know about their available dates for an upcoming concert tour. The promoter will then pay for the band to come perform at their venue in their city and they are the ones in charge of the sale of the tickets for the public, and getting them to come to the shows. The promoters are the people who will rent the venue where the show will be hosted, they will do so through advertisement in the local papers, radio stations to let people know when and where they can buy the concert tickets. They will also get flyers printed, essentially they will set up Facebook event pages to let them know about the upcoming concert for the chosen band. Live Nation and AEG are companies who promote concerts all over the world, and admittedly they are taking a big risk whenever they promote shows for big stars such as Madonna, Lady Gaga, the Rolling Stones etc…

The first step is to set up a contract to clarify and set up all the terms and conditions under which the performing band will play: those contracts are also known as booking agreements or contract riders.

This type of agreement will state:

*The name of the artist(s)

*The exact place of the engagement

*The date and the address of the engagement

*The hours which you will be performing

*The cancellation policy

*The price that you agreed on

The contract rider or the technical and hospitality rider will be with the booking agreement and this is a list of all the things that the band needs from the stage, to the wellbeing of the band including guest list and all the rest. If it’s a superstar you can obviously expect out of proportion request.

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New wave/new rules

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Things have obviously been changing now as artists drop their albums, then they go on tour to promote it. As the record sales have fallen, even the records label try to find a way to have a piece of the cake by signing 360 degree record deals, for instance with Robbie Williams in 2002 with EMI. Those contracts allow labels to take a percentage from other sources who generate income

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