Naming, Groups, and Merchandising
Professor Angela Floyd
The band Chosen has just signed an exclusive deal with a merchandiser and has been invited to play in a music festival. I believe the rights of the band and merchandiser is up to the music festival company. The music festival has asked for you to perform at their festival so that would require the festival to pay the artist. So it would only be fair for the Music Festival to have exclusive rights to sell band/artist merchandise. I would assume the contract would read something like this: MERCHANDISING.
MF holds exclusive right to sell band/artist merchandise on the Musicfest grounds including the Marcus Amphitheater. MF reserves the right to set the method of compensation for allowing any band or artist to sell or have their merchandise sold. MF and/or MF’s agent will retain State Tax on merchandise sold. Only exception is if a permit is sold to band/artist, then band/artist is responsible for sales tax. Any group or individual wishing to sell merchandise must contact MF’s representative Manger at 000.000.0000 or email address at least 72 hours prior to their appearance to make the necessary arrangements. For additional information see “Attachment 2”.
Neither of the band or merchandiser would be entitled to any revenue the Music Festival received. The only revenue would be the items the artist/band and merchandiser sold at the Music Festival if they made arrangements to sell their merchandise and probably will need to get vendors license as well. Regardless if they named the band or didn’t name the band I still think the Music Festival has the authority to make that decision whether they will allow the artist/band to make money from the Music Festival. I would not doubt that the Music Festival would say no since they could make profit off the sales. The question wouldn’t be if the Music Festival would allow it, the question would be how much commission on sales would...