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The federal lawsuit takes aim at mandates in event promoter Goldenvoice's artist contracts.
An Oregon music festival is suing Coachella, which begins Friday, as well as organizers AEG Presents and Goldenvoice, arguing the festival's radius clauses restricting where artists can play before and after the California festival violates anti-trust and unfair competition laws and creates "an illegal monopoly in the market for live music festival performances."
Lawyers for Soul’d Out Music Festival founders Nicholas Harris and Haytham Abdulhadi say they had approached TDE artist SZA to play this year's event but were turned down because of the radius clause, barring her from playing other West Coast states. When Harris and Abdulhadi reached out to Goldenvoice for a waiver, the concert promoter refused.
Same goes for artist Daniel Caesar, who allegedly declined to perform at the Soul’d Out Music Festival because of the Coachella radius clause. According to a suit filed in U.S. District Court, Coachella officials stand accused of requiring acts to sign a radius clause that bars artists from playing within a five-state radius of Indio, California, during a five-month period from December until May, a month after the event, which takes place this year April 13-15 and 20-22 and features headliners The Weeknd, Beyonce and Eminem. Billboard reached out to Goldenvoice and was told Coachella organizers had no comment.
https://www.billboard.com/articles/business/8300494/coachella-lawsuit-radius-clause-anticompetetive-behavior
copingcabana
Can we get Trump to play Coachella?
SweetChillyPhilly
Why can’t they play before and after cochlea?
gaggingforit
I don't know much about coachella, but had an ex gf who was all about it and she's a righteous cunt, so I do know I don't like it :)
RogerDurder
Fuck coachella
WHYvictimsofabombraid
Good. Saving people from their shitmusic for five months.
IcedMyself
youtellmedothingsidoneRUNNIN
I absolutely despise this practice, but it’s important to note that bands can still play normal shows, just not festivals or themed events.
justgivemeaminute
Last year I saw Radiohead, Bon Iver, and Sigur Ros all within a week of Coachella and within the “radius.” The headline may be misleading.
justgivemeaminute
Radiohead did 2 nights in San Francisco between their 2 Coachella sets. Sigur Ros in LA and Bon Iver in Las Vegas.
youtellmedothingsidoneRUNNIN
I too capitalize on the phenomenon known as “faux-chella”. Did Sigur Ros at the Fox last year.
EroticZombiePants
Apparently most giant concert events have similar clauses, although nowhere near as huge of an area as Coachella.
Traja01
The size of the zone is absurd. I doubt it survives a challenge as is.
dhoneywell6767
After playing Coachella, bands commonly become contagious and should be avoided for up to 5 months.
ThailandExpress
pchubbs
I wondered why no bands are coming to Phoenix this spring! Horseshit.
tomyironmane
Hey, don't knock it, if it weren't for these clauses, performers couldn't afford to buy their executives solid gold Bentleys...
tomyironmane
And the prices of tickets would fall until anyone off the street could afford one. Then, god forbid, people might realize they were still...
tomyironmane
getting screwed and paying too much to sit in a filth-hole with douchebags and listen to shitty music.
Zegot
what is a coachella?
whycantifindausername11
5 state radius... did anyone actually pay attention in geometry.
Mercalus
5 state outer-diameter with a precision of 0.5 highway lanes?
Traja01
It's a 1300 mile radius. The headline is editorializing to make it more accessible to readers.
franceisbacon16
I read it as a 1300 mile radius that spans 5 states
BunnieWigglesworth
Yeah. Poor choice of verbiage. Should have said “zone”.
Traja01
It makes sense if you consider the nature of a headline and the average reader.
KrystenRitterEyeRoll
I interpreted it as 5 states away in any direction. Which felt pretty fucking brutal
Sionas
The radius spans 5 states. Didn't realize it was difficult to understand?
StevenWoods
To bad SOAD doesn't care about your stupid rules Coachella.
Misslnformation
But like what if the state in “5 state radius” was only like Rhode Island?
PhantomGeek
What's a Coachella
Hammertulski
There’s been rumblings in the NW festival scene about this for a while. Waivers allegedly exist but I’ve personally yet to see one granted.
Hammertulski
For reference, non-competes are industry standard but rarely exceed a few hundred miles and 90 days before/after a major performance.
Hammertulski
Hell, I’m playing a brewfest this summer and that contract let me book another gig, later that same evening, about 60 miles away.
dropeleven
i'm assuming the brewfest isn't being put on by a major promoter?
Hammertulski
Not a national promoter, persay, but a well-established NW group. I think this is year 14 of this fest.
SteppingInsideOutOfMyself
5 states is pretty broad. Non compete agreements usually have to be reasonable in scope of geography. I know it’s a big festival, but still
Lizaderp
Dude it's almost the whole time zone.
SteppingInsideOutOfMyself
Exactly, it’s pretty broad. Not sure that will stand up to the challenge
MuddyMax
Haven't done my research but what I remember is maybe a year within a city is reasonable to the courts. Had a few beers so I could be wrong.
Traja01
It's going to depend on the nature of the industry and locale, but this geographical scope is outrageous.
tubaphillips
No compete clauses are real serious business. How it’s legal truly perplexes me
MuddyMax
U.S. court system has a method of evaluating these clauses. It's based on how onerous the clause is.
Ihadtoditchmyotherusernamebecauseofyou
It really should be tested, and unlikely to hold up in court.
Traja01
They are strictly regulated. Size, scope, duration, all that stuff has to be relatively limited.
cyno01
I don’t see why this wouldn’t be completely toothless like most noncompetes are.
SelfPleasureRobot
Because lawyers cost money, even if you're right.
MuddyMax
Because most people don't realize this and never take the issue to the courts.
humaneffigy
wait until they find out about burning man
Lizaderp
What's going on with Burning Man? We got a camp site there this year. First time.
MerToo
should be fun. wear sunblock
OtterlyMagnificent
It's not a music festival. It's probably exempt.
mytruepersonality
they should have no fucking right to prevent anyone from playing. i hope they burn is public fury.
ThaEnder
I agree, but Devil's Advocate for a second. The artists shouldn't have signed the contract preventing them from playing elsewhere.
MuddyMax
Contracts with onerous clauses get struck down by the U.S. court system relatively frequently.
Traja01
In particular, non-competes. 1,300 miles is outrageously large, but I guess could be warranted under the circumstances.
CongratsYouAreHereNow
they will say it's to drive up ticket prices to pay artists more, but...
CongratsYouAreHereNow
artists will probably tell them to suck a hot coke can out of an elephant's asshole
Begotten
They don't. They do have the right to stipulate an agreement like this in exchange for allowing artists to perform at their event though.
tomyironmane
Shouldn't, but they do, thanks to their size, money, and "free association."
tomyironmane
Because you don't have to sign the contract. But then they can just push another group. And you will never be heard outside dive bars...
tomyironmane
and shit gigs, because you didn't wish to associate with them. Doesn't matter that they can help freeze you out with size and money.
Traja01
Good news is these kinds of clauses are regularly challenged and thrown out by courts because of exactly the reason you described.
eatyourmeat
Maybe this is why you can catch decent shows for cheap in the midwest during those months
canyonbeerjoint
Yup gonna see some good shows this month. Tucson is always packed with coachella artists in april.
pilates4hotties
I've always wondered why bands would come in the hot months.
HorsefaceBeeguy
What the fuck is Coachella.
mity0k23
Festival that was fun for a minute, before hipsters and money found out about it.
Lilly64
Music festival. Appeals to the hippie crowd
MuttonLettuceTomatoSandwich
^^^ and very very average Instagram girls
dropeleven
honest question...where do you live, how old are you, and what do you do that has kept you from ever having at least HEARD of coachella?
laplance93
I too have never heard of Coachella. I live on the east coast, I don't go to any music festivals.
ellert0
Haven't heard of Coachella before either, have my data. Iceland, 25, staring at cat gifs all day long.
dasoffendor
life experience for trust fund kids too poor to attend Fyre Festival
TheRicM
What's Fyre Festival
thechikiestbriki
https://youtu.be/UBPg5ftCMv8
Doomandgloom2
A giant shit show...
sckrlfe
Life experience for rich kids.
dropeleven
low tier tickets weren't THAT expensive in terms of a destination music festival. normal people who didn't do their research got fucked too
UnicornBooty9
This makes me glad I'm going to Shaky Knees Festival. Tenacious D live ftw.
nineteen85
I'm envious of you.
YourNewNicknameIsJelloShot
I went last year and it was awesome; centennial park is a little small though
tomyironmane
This is not the greatest show in the world, no! This is just a tribute!
LizziJoy
Couldn't remember the greatest show in the world, no, no.
fatlittletree
Why are people so consistently surprised when companies start building monopolies? It's how you win at capitalism.
603933
Begotten
The state must seize the means of....music!
jetflight
This is what fatlittletree unironically believes.
TheSubWoofer
It is how you *corrupt capitalism.
MegaDiogenes
Yeah, because we should all be complacent and expect this without response.
DVSBSTrD
Well it's not like we're going to do anything about it.
MegaDiogenes
Not with that attitude.
DVSBSTrD
Not with 2016's election results.
MegaDiogenes
You got who you voted for.
Ruhig
Hm..... Maybe more deregulation will help?
Begotten
Nobody is forcing artists and bands to perform at Coachella or sign the agreement....
shackslam
Don't worry, the invisible hand of the free market will fix that, you just wait. /s
jetflight
It will.You can just elect not to play at Coachella. Indeed, this is a perfect time for that - make a big stink about it, free advertisement
Peregrine2976
Surprise =\= anger. In fact I get more and more angry the less surprising it gets.
Insomnia297
Which I think is what will really start to fuck us up. The bar's dropped so low that we've got a moron reality TV star for a president.
wadatahmydamie
Welcome to the reason nobody takes Libertarians seriously
MyFrontPorchInMississippi
My teddy Roosevelt senses are tingling.
Motheryes
Doesnt mean its ok.
Cheomesh
That's how you win at business, full-stop.
ShinksAvoHazaar
My cousin used to pay us to move his piece around the monopoly board until he owned all the properties. In hindsight the games were too long
Begotten
The games are too long because most people don't really know how to play or how to win
MachineInterface
Monopolies are inevitable. It's the nature of capitalism, it's the nature of well... nature. Several small things become one big thing and >
MachineInterface
get an edge in the evolutionary arm raice. A chromosome is a monopoly of genes, a cell is a monopoly of chromosomes, a multicellular body >
MachineInterface
is a monopoly of cells, a family is a monopoly of multicellular organisms, a clan is a monopoly of families, a city is a monopoly of clans,>
TheSubWoofer
THE SPANISH INQUISITION
MachineInterface
a county is a monopoly of cities, a state is a monopoly of countries, and the Glorious Imperium of Man is a monopoly of states.
Violethostel
I don't think you know what a monopoly is.
milmeOpFlyer
Still need to call that shit out though, monopolies ain't no good for most of us
chilachinchila
Monopolies ain't good for capitalism either.
uptaco
*any of us. Less you're PLAYING Monopoly. In which case, congrats on losing your loved ones.
milmeOpFlyer
Had to say that in case OP was a monopolist lol
Zreen
It's better than losing friends and family to Settlers of Catan...
MerToo
*most* HAHAHAHAHA what, did you think there should be some benefit for the majority of citizens? democracy much? say "all of us" be a COMMIE
Doomandgloom2
Monopolies mean less innovation. This is more about a super bull non-compete that covers like... a good half the hottest shows.
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Doomandgloom2
There are good non-competes, it's actually how growing businesses protect themselves from corporate espionage early on... this is not that.
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Doomandgloom2
Should posted second comment sooner... examples like Starbucks and Mattress Firm are really bad uses of non-compete area clauses
Doomandgloom2
Granted, in more recent years, places like Mattress Firm and Starbucks have abused this system
olympicsulfur
StonerCatJay
If there's one thing Adam Sandler actually does well it's his music.
TheLastBaboon
I don't care about a hologram of Abraham Lincoln, I wanna go for Lil sebastion and air bud's manager.
finstad4
Li'l Sebastion!
BushBakedBeams
I would go to this festival
Mouthhug
I'd go to see king Kong freak out and kill them all while lovingly holding Steve Buscemi in his hand.
SeamusMCMXCVI
It just kept getting better the further along it was read
Softcreamybeige
The hex girls from Scooby Doo?! Dude this year will be lit!
DickPicsForTitPics
Oh. It's just the band from the Ripped Pants episode. Call me when it's the band from the Bubble Bowl episode.
Threewisemen
A mariachi band +1. I joked to my wife I wanted a mariachi band at our wedding...she got one and it was a-fucking-mazing.
Threewisemen
And no she's not single.
tuckerx78
Ooooh, beatin' us to the punch. You truly deserve your username.
Pizzzzzza
Hey, | Boy Scout Troop 732 fucking rocks
fabutronic
The more you look the funnier it gets
dancingbarefootonlego
You forgot “Hell, a herda Winnebagos, we’re givin ‘em away!”
NoHomoRomo
Bye bye lil Sebastian!
ClayRecords
Cards Against Humanity card ideas.
ColourblindRainbow
I love you
olympicsulfur
whoopsywoo
Uh, kenny Chesney? No thanks
Brothelcopter
I would go to that
VoidofStatic
OurLordLucifer
+1 - A cold reading of my grandmother’s lamb chops recipe. Made me chortle. Thank you for this.
Fairdinkums
I mean I like Kermit so I'd go for him but I don't understand why lil' sebastian is on there. Like, at all.
timtimbisley
Because he's dead, you mean?
ohdeepthought
Jusmar
Memechella
FoundThePineapple
Ah, yes the weekend of the 20th
OurLordLucifer
Then on the 20th day of the 4th month God lost track of time for a few days
DrewSf29
I didn't even notice the dates were all the same till I saw this comment. +1
CookiesaurusRex
Byyyye byeee lil sebastiaaaan
mehrunesaboveaveragerazor
Vhyson
I worked Coachella for 5 years, for my mother in law's company. Goldenvoice is cancer. And so is BBC, their food and beverage contractor
jadesmith
.
Snickt
The people want to know!
l009
British broadcasting company? They do food?
MaybeImACrook
5 years might tell us a lot about this corporation
saucefordipping29
We want stories, we need stories
sparklefox09
tunosabesnada
.
BoredSpaghettiMan
.
Snotty128
I know two different types of BBC and I wouldnt want to eat what either of them was serving
IAmNotTheDevil
I know 3. One of them maybe.
vezlys
What's the third?
IAmNotTheDevil
British Broadcasting Corporation
vezlys
ZKrock
You post stories of your time in Coachella. You go FP. YOU DO IT NOW!
rabbiebabbie
Got any good stories?
moleman2009
.
canyonbeerjoint
SlappytheDummy
Doot
SigmundFloyd
.
The72ndRaven
Dot.
averagekunt
,
GrampaJack
.
dannydevitoismyspiritanimal
.
yourclevernickname
.
Kgri5th
onlyveganreplys
.
YouCheckedTheUsernameHaveACookie
.
Martianinvaders
.
itainttrollingifitstroo
Pearl Jam wouldn’t stand for this.
Thewayofthebear
It doesn’t get Eddie Vedder than that.
iamkarlpilkington
It couldn't get Eddie Vedder than this
Uberdude100
I wish i had more upvotes to give this
redmosquito1134
Me too. Sometimes I want a fake account so I can upvote twice.
Brandead
Yes! This!
uptaco
Metallica might.
Caremono
metallica died in 92, those are posers
tomyironmane
Metallicock has. Remember, they're the RIAA's little cockholsters.
imthatguyhere
That's true, but at this point they'd more likely just not sign not play during those dates and just take a nap. Their shows are tough.
HaulinOats
Yea man, they’re on stage at each for at least twice as long as most performers
imthatguyhere
Saw them again in concert last year, still going full on it and fun as ever. Not a Lars and his piracy take fan, but they know how to show.
FuckingTurtleBear
What's this a reference to? My mates curious
WARHAMMER405
In the 90's Pearl Jam raised hell about Ticketmaster and they went in front of Congress about it.
IcedMyself
Eddie Vedder also went OFF during Porch on MTV unplugged and pretty much said “fuck you” to MTV to close their set. Pretty awesome
MobiusAzarath
I’d suck Eddie vedder anyday, anyway. I text this as I hand my father his pair of glasses. No changes of heart. Bring eddie to my mouth rn.
OldJewNewAccount
I went to the non-Ticketmaster tour, Spartan Stadium in San Jose. Tix are beautiful to look at (saved mine along with a now-ratty t shirt).
Pahqman
Me too. And it was my first concert. Pearl Jam and The Ramones at South Park Meadows in Austin. Won the tickets via a radio call in.
fessusIntellectiva
Yeah...I think we're gonna need a pic of that (or it didn't happen). Also, I want to see your pretty ticket.
CC2332
Doot
Waterman1
I think I have mine from the same tour.... I'll try to remember to get a picture tomorrow.
OldJewNewAccount
Thewayofthebear
As a PJ fan....Dot.
secretagentdoubleobeaver
They sign the contract. Nobody is forcing these performers to play at Coachella
tomyironmane
You wanna be a big act, you gotta suck the big festival's contract dick.
Spottedcowz
And you win the prize for not paying attention. It's not the performers that are suing, it's another festival.
morelikeconsham
It's not the performers suing. The competing festivals are arguing that the non compete clause is so gratuitous that it effectively
morelikeconsham
Enforces a monopoly, which is illegal - regardless of whether the performers agreed to it.
Traja01
Yup. You, as a person, can't contract away public policy because it's not yours to give. Public policy favors competition.
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secretagentdoubleobeaver
Coachella is not a Monopoly. There are other festivals and venues at which to play music
TemporaryNombre
But they're not the only ISP, the Soul'd Out Festival would be the other ISP in your example. The artist chose to be in a 6 month contract
waitwasthatreal
Yeah, non-compete agreements aren’t uncommon. If someone knew Eminem was doing a cheaper show in a month, that would hurt their business.
Traja01
No, but they have to be limited or they're contrary to public policy. I can't say whether this is or not, but 1300 seems big.
waitwasthatreal
Sure. Idk what a reasonable distance is either, but the practice isn’t uncommon
Traja01
True. They're in practically every employment agreement. Non-competes, non-solicitations, and non-disclosures.
thecmerrilees
Exactly the festival needs to make a better offer then. If it was the artists suing though it might have more substance, they aren't though
bobtheaxolotl
I don't think you understand anything about anti-trust laws.
Salxikas
They're suing under antitrust statutes, and having a signed contract isn't a defense to breaching antitrust law. Also, most antitrust 1/
Salxikas
lawsuits are going to be filed by a company's competitors, which in this case would be other festivals, i.e. Soul'd Out. 2/2
previoustopcomment
it's not just the performers, its about coachella's size allowing them to effectively block other competing festivals, its anticompetitive.
TemporaryNombre
The performers can play at other festivals if they don't play at Coachella. It's the performers choice when they sign the contract.
Traja01
There's also a disparity in bargaining power that should be taken into account.
previoustopcomment
Yes, but it's not all the other venue's choice and they are affected by not being able to book major acts for 5 months.
previoustopcomment
its an antitrust violation, the clause only exist to stifle other businesses, it has nothing to do with the performers.
RaynWisp
It also ensures the quality of the concert. If a group just played at a show the week before nearby they can't be promoted as effectively.
previoustopcomment
this isn't weeks, its 5 months which is the entire festival season and its 1300 miles, its not reasonable at all.
previoustopcomment
if the success of your business hinges on suppressing the economy of an entire industry in a large region for 5 months there is a problem.
TemporaryNombre
The performers can have a huge impact by choosing not to play under contacts with these terms. They choose to do so anyway.
previoustopcomment
Again its an antitrust issue, performers feel forced because of the clout coachella has.Coachella is abusing its power to stifle competition
previoustopcomment
When a company artificially manipulates supply to deny competitors fair prices or access it's an antitrust issue.