BLOG POST

Tech & Sourcing @ Morgan Lewis

TECHNOLOGY TRANSACTIONS, OUTSOURCING, AND COMMERCIAL CONTRACTS NEWS FOR LAWYERS AND SOURCING PROFESSIONALS

Radius Clauses in Music Performance Contracts

Contract Corner

As the summer 2025 concert season continues to ramp up, we want to take the opportunity to explain why your favorite band or artist might only be performing once in your region this summer: a radius clause.

What Is a Radius Clause?

A radius clause is a contractual exclusivity right limiting where a band or artist can perform within a certain geographic area and time period before and after a scheduled performance at an event venue. As the industry has grown, especially with the rise of large music festivals, these clauses have become more complex, often specifying longer time periods and broader areas.

Benefits of a Radius Clause for an Event Organizer

For an event organizer, some of the benefits of the radius clause are as follows:

  • Reduced Competition – With fewer competing events, organizers can focus their resources on marketing and delivering exclusive, high-quality experiences, knowing they have dedicated audiences
  • Ticketing – Fewer chances for fans to see an artist can boost ticket demand and limit availability; this scarcity can increase the perceived value of each ticket, often resulting in higher prices, including premium rates and VIP experiences
  • Sponsorships – Sponsors gain value through exclusive brand association with an artist's only show in a given area, allowing organizers to increase sponsorship fees and draw in sponsors looking for a distinct brand association

Benefits of Radius Clauses for Artists

For artists, some of the benefits of a radius clause are as follows:

  • Fees – Artists will typically require higher performance fees in exchange for granting exclusivity rights and enduring the loss of performance flexibility elsewhere within the area
  • Performance Benefits – When an artist agrees to a radius clause for a festival performance, they may, for example, gain benefits such as a higher position on the event's lineup, the opportunity to perform on the main stage, a set time that aligns with peak attendance, or the ability to negotiate the length of their performance
  • Prevent Overexposure – Limiting nearby performances helps an artist avoid overexposure, preserving the unique appeal of their live shows; this strategy allows for targeted marketing and maximizes audience turnout
  • Stronger Partnerships – By honoring the radius clause, artists can build stronger relationships with event organizers and sponsors, leading to more lucrative opportunities between the parties in the future

Drafting the Radius Clause

In drafting a radius clause, key areas of consideration are as follows:

  • Restricted Area – Defining the geographic boundaries using precise language and specific measurements for the restricted area, including using maps or GPS coordinates to avoid ambiguity
  • Timing – Specifying exact dates and times for the restriction period, as well as provisions for extensions or adjustments in case of event rescheduling
  • Damages – Outlining the consequences of breaching the clause, ensuring both parties are aware of the terms and repercussions (e.g., an artist may be required to return a certain portion of performance fees as liquidated damages in the event of a clause breach)

These are merely a few considerations for contract drafters to keep in mind when sitting down to build a radius clause.