Why not let people tape?

I allowed a school to tape me and next thing you know I’m on cable TV. This Happened twice.

I booked a Blue-Gold banquet once and got a call only days before the event to cancel the program. Why? Because a birthday Dad who I had allowed to tape my birthday show had decided to help the Pac save money, and they had shown the tape last week and hired another performer for the banquet.

By the way he wanted me to know how much all the kids had really enjoyed the tape.

Once I was booked to do a 40-minute program. However, upon arrival I discover everything had been pushed back at least 30 minutes. When I started 50 minutes later they ask my if I could cut it a little short because of the time problem. So I did a 30-minute show and everyone was happy.

Everyone was happy until a month later when the guy who asked me to cut it short called and asked for some of his money back. You see the contact said 40 minutes and the tape had only a 30-minute show. “Cut the show short? Why would I tell you to do that?”

Please remember I’m NOT telling anyone what to do. In fact I didn’t even tell you what I do. But I did answer the question, Why Not.

Ron

CONTRACT -

A cancellation within 7 days of my show is 100% payable - 14 days 50% - and 28 days 25% (Lost Depost).

Also I have riders in the contract that cover my performance time and ammendments to that time.

Basically if I turn up to a gig and they have not cancelled me beforehand by phone and in writing then they pay.

In London some times I have two shows on the same night. So I cover the "Oh we have moved you to the 10pm spot instead of the 8:30 pm spot" situstion.

Many years ago a DJ/Compare friend of mine did a very big show on a US Airforce base here in the UK.

The show was booked to finish at 1 am - he was asked to play on unit 2 am and then 3 am - which he did - The place was hopping and it all went down very well.

Came the time to get paid -(£2500) - No payment arrived, he chased up the event organiser, the guy who asked him to play on until 3 am.

The reply was "Sorry you are in breach on contract, your contract was until 1 am and you performed until 3 am" - He never got paid.

Contract everything you can think of - down to food and drink -


Paula

Hi Paula I'm posting here because your PM is full.

First, thank you for you comments in “The Magic Café Forum Index » » The little darlings » » Do You Allow Parents To Video Your Show?”

Some of the problems I had talked about happen sometime ago and I was trying to answer the Why Not Allow Parents To Video Your Show Question.

I still say thanks for your information however.

I'm including a part of my current contract if you want please look it over.

8. Payment terms: Balance payable on scheduled date of event. A 10% surcharge is added to total fee if balance is delayed. All request for changes as to date, time and/or services must be made in writing and approved by RON CALHOUN before event date. RON CALHOUN's services are booked rain or shine. Purchaser forfeits deposit if services are canceled at any time. Purchaser is liable for 50% of contact fee if service are canceled between 45 and 90 days of the first day of event. Purchaser is liable for total contract fee if services are canceled with less than 45 days notice.

Explaination:
Balance payable on scheduled date of event. - this use to read “at the conclusion of the program” but if they cancel then the program never had a conclusion.

RON CALHOUN's services are booked rain or shine. - I use to book a lot of company picnics enough said.

less than 45 days notice - 95% of my show are booked within this limit which means 100% payment is due

Thanks again,

Ron

Ron

I have fixed my PM messages.

Your contract looks fine and 45 days is fine. I also like your rain/shine clause.

I also include items such as: -

1. Parking
2. Food and Drink for any crew/assistants and myself.
3. Power requirements - and the fact that I will test the supply prior to plugging in my equipment.
4. Performance times and limitations if there is a delay.
5. Fire equipment - although I carry some extinguishers I err on the safe side.
6. Non Disclosure agreement.
7. Access to stage area when I am set-up and during performance.
8. Assistance in getting equipment into and out of venue and use of lifts (this is required in central London).
9. Space requirements on stage and for my sound desk and engineer (When I use one).
10. Cancellation due to fire, flood ETC.
11. Dressing room / area.


Basically I try to cover everything but phrase it in a positive way in that meeting these requirements will help to ensure that they have a good and safe show.


You may say I NEVER have problems parking - but one day you will and if you have it covered then you are OK.

HTH

Paula

"6. Non Disclosure agreement."

Just wondering, does this apply to disclosing your rates?

Or if they see something they shouldnt?

Just wondering because I've never seen a non-disclosure agreement in a contract before.


Parking is a big deal, especially in the city where the closest lot is $10-$20 dollars.


I personaly say something such as "will cover any parking fee's(non-valet)".

Some clients were turned off because they expected I would run them up for valet parking.... go figure. Anyway so added that in and haven't had any problems.

But that is very important depending on your location, especially in situations where there isn't any convienient parking near the venue, and you have a case or 2(or more) to carry.





Try including a clause such that $50 dollars(or whatever based upon your fee) is payable for every 15 minutes your show is pushed back at the performers discretion. That way you can give them a free ride but still show them that you can't be kept waiting without repercussions.

I think that the only time a Magician will not let their show be taped is, when they are not sure of their show and are afraid they will mess up and someone will see how the trick is done. If you are confident and are a good entertainer, you will let them tape the show.

Technology is not license. Just because one has the ability to preserve an event does not mean that one has the right to do so. When a person buys a ticket for a show or hires a performer for a one time event they are contracting for an "ephemeral" experience.

If they say they want to tape it so Aunt Ruthie in Pasadena can see it then it needs to be pointed out that showing up has its own rewards.


At both the Metropolitan Opera and at the Lion King I have seen people with Technology overstep their rights. I have also seen their tapes impounded and their bodies escorted out the door.

Whether I am playing in a private or public event I do not permit video taping or audio recording. The Primary reason being that the work is mine and the secondary reason being that I maintain control over my image and representations of my work. Most Professionals do.

Also if they are so keen to see the show again they should rebook it or reccomend it to their friends.

There is also something called "context" and very few perfomances survive the amateur videographer very well. When Capturing the Friedman's came out on film, many children's performer in NYC shuddered as to how a pat on a child's shoulder might be reinterpreted on a homevideo.

Still Photographs are another matter and those I approve of when the right moments have been cleared in advance.

IMHO

Julian Kestrel

Wolflock, How many show do you do per year?

I suppose that, when doing magic for children, often at a party for which you have been paid, you must accept videotaping as a requirement, whether you like it or not. Yes, you could always still refuse to be taped, but how much of a magician does that make of you, in the field in which you have chosen to do your work. Therefore, I'd say that anyone who doesn't want to be videotaped by parents should choose another area of magic. If you insist on resisting in this area, I'd suggest making this known to the parents up-front, before they give you any money. At least they then know the deal in advance. That's my humble opinion.

Sincerely,

Dr. Faust

I always allow them to video tape the show. After all it is them who are hiring me to provide a service to them. Letting them video tape the show only helps me to build a better relationship with the client.

Kyle

I don't really do childrens birthday parties if I can help it. Therefore, I'm not the willing "movie star" that some of you are. I never object to still pictures.

However, one of the things as a stage performer I use to sell my talent buyer is the fact that I will not compete with you by selling videos of this act. Therefore, I also cannot allow videos of this act. Another problem is that if I allow you to record the show, I have also allowed you to record the music. I do not own that right in some cases. Don't record my show. Yet, I will admit that I will allow the news people to get a small bite of the show for broadcast. Likewise, for commercials and fundraising ventures, I will even go to the TV station and do tricks one the air to promote the ticket sales.

But for the most part, recording is my poprty and it is not tobe shared at this time. Life changes. Someday I may change my mind. I've only been a magician forty-four years.

Bob
Magic By Sander

Has anyone ever had the reverse problem? Videotaped their own performance at a residence for later advertising use (whether on a website or videotape) and then been confronted with an upset parent for the publicity of their home or children? Even when the videotaping was obvious to all spectators?

I have never recorded a show at a private party. If I need the show recording for whatever purpose, I have good connectons with a local primary school with full stage facilities. Once a year I put on a free BIG show with dancers and a guest singer, but if I just wanted a smaller show recording I would offer them a free standard show. Most schools are covered against the use of photography and video recording but they put it into their school newsletter just in case. The big show I did last year, I put up signs in the entrance just to be on the safe side stating that the show will be recorded. It worked out well as I offered to do two shows for them last September on two consecutive days. They took the profits from the first and I took the profits from the second.

Mark

Personally I don't mind beong video taped...I actually like it and add some comedy lines about the video during the act


But...the problem in Manila parties is that parents hire profesional video coverage people...meaning these people will have a copy of your act and in some cases I'm personally aware of, some of these videos are sold to other magicians who want to see your act for whatever reason they may have


When I was starting out twenty years ago...I bought myself a Lou Hilario video from a video coverage guy...the video helped me a lot in changing my style...

... but twenty years after, its now my video that is being sold to newbies.

I don't mind being watched by peers...in fact I do seminars, lectures and workshops...its just that some of them copy you verbatim and that's a bummer.

Wanlu

I never allow sound or video recording of my shows. Yet I have experienced some being used. I do allow all the still photos they want.

In my voice over (called the 2 minute warning) before the show recording is specifically prohibited.

Bob Sanders
Magic By Sander

Paula Jayne,

The situation with your DJ friend is not realistic at all. Im not saying it didn't happen but "over performance" is not a breach of contract. At least not in the situation you explained. Please see below...

The basic rule is that parties to contracts must perform as specified
in the contract unless (1) the parties agree to the change in the
contract's terms, or (2) the actions of the party who deviates from
the terms of the contract are implicitly accepted ("ratified") by the
action or non-action of the other party.

These two rules are true for your friend. The agreement was changed on the spot and accepted by both parties and at no point did the organiser attempt to stop the DJ.

I am fairly certain that if your friend went to court he would easily win. No matter how much denial on the event planners part it is hard to belive that the DJ simply "played for an extra 2 hours despite peoples objections".

If I was the DJ I would have gotten that money... He let that planner walk over him.

Anton

I had a reverse problem. I was doing my Harry Potter Show for the first time for adults at a Company Christmas Party and my wife was videotaping the Show. I got a rather Cold Confrontational letter from the Client Chastising me and telling me to not use any footage to promote my business. I was shocked at this.
As far as people videotaping, with technology, it is difficult to stop people if they really want to videotape. So what I do is do Magic that is difficult to copy. More than half of my props are not made anymore and cannot be bought. So it would be difficult for someone to copy my Show. I also only do a certain amount of tricks. I have many Shows so even if they videotape my entire show, it is just one of many that I do. I wouldn't lose sleep over it. I don't like it but I found it to be too much of a hassle telling people what you can and cannot videotape or saying shut that camera off. Remember, they cannot copy you. Also, I have got a few jobs because someone said, a friend showed me video of you and I want to book you. Just do a good show and have fun. Cheers!










































































put up live footage of my shows




















anywa
y

I've seen all sorts of things at corporate events that people wouldn't want to be captured on video.

VincentMusician:
Dumb question coming....Did you tell the client it was your wife that was going to videotape your performance? Did you tell anyone that they could possibly end up on your video tape with no control over how it may have been used?

I'm just thinking that there is something to be learned from your experience. As for me, I never video tape anything and have had people tape my show, but have asked them who it's for, and many others ask first before I start if it's OK to tape some bits with their kids in it. I'm a very poor social media poster, but it hasn't hurt me from getting shows, so I'm not bothered.

If they can do it, why can't I? They video tape and take photos sometimes of my entire Show even when no volunteers are being used. They do not tell me who will see it or how they will use it. So I have no problem doing it. If they say no, then I will say no. Cheers!