A booking is an agreement, even when the organiser changes their mind

An organiser can choose who they wish to book. But once the agreement has been entered into, rights follow. This also applies if the organiser later wishes to cancel due to something the artist has said publicly.

By Julie Westh Nielsen

A public debate can have consequences for an artist's working life. For example, a promoter may decide that they no longer wish to go ahead with a concert featuring an artist due to views or statements the artist has expressed.

However, there is a difference between not booking an artist in the future and cancelling a job that has already been agreed.

When an artist and a promoter have entered into a binding agreement, both parties have obligations. A public statement does not in itself make the agreement disappear. Whether a promoter has the right to cancel, and what the financial consequences of a cancellation will be, depends on the specific contract and the terms that apply to the engagement.

A cancellation can hit income directly

For artists and other freelancers, a booking is not just a date in the calendar. It is agreed work and part of the expected income.

When a date is reserved for an engagement, the artist may at the same time have turned down other work, spent time on preparation, or entered into agreements with musicians, technicians, and other contributors.

Therefore, clear contracts are also a financial security.

The Danish Musicians' Union's advice is clear: If a promoter unjustifiably cancels an engagement, the artist is entitled to the full agreed fee or salary.

This does not mean that all cancellations are unjustified. Illness, force majeure or other circumstances may be covered by the agreement, and different contracts may contain different provisions. Therefore, the specific agreement must always be assessed on a case-by-case basis.

Always make sure you have your booking in writing

A verbal agreement can also be binding, but without a written contract it can be more difficult to prove what you actually agreed on.

The Danish Artists’ Union therefore recommends that you always obtain your booking in writing. You can use the union’s standard contracts for live performances, which have been drawn up for agreements between artists and organisers and, amongst other things, set out terms regarding payment, transport, marketing, safety, changes and cancellation.

If you are a member of the Danish Artists' Union, you also don't need to be alone with your contract. The union's lawyers advise on agreements and rights, can review your contract before you sign, and help you if a disagreement should later arise concerning, for example, payment or cancellation.