Music Festivals: The Good, The Bad and The Ugly

In today’s economy, with consumer dollars being fought over by everyone in the music industry, putting together the ultimate music lover’s festival is more lucrative and chancier than ever. Music fans with less disposable income are less likely to spend money on concert tickets unless they can get a true value. It is with this thought in mind that we look at what goes into planning a music festival, and what it will take to get those tickets sold. Planning and executing a successful music festival is a lesson in time-management and organization.

For a new music fest being built from the ground up, it is best to start planning a full year before the actual event. This will allow for enough time to have all the necessary pre-production planning in place, along with securing the venue, promoter and all the talent. This initial planning period should be used to determine the size of the festival, how many stages and the duration of it. Ideally, the promoter, leaving the details to the production side, would bring any festival idea to the production company. ProSoundWeb’s Teri Hogan in his article, “One StopShopping: Captain, What Does It Mean, This Term Full Production”, says that, “Particularly for large, multi-stage festivals, hiring a single source to handle all the entertainment elements of the event is almost a necessity. The event director has too many other things to handle to have to worry about the details of his entertainment.” This means that after the event director has brought you, the production company on board, the responsibility for the overall execution of the fest is then in your hands.

First step in the planning is to determine the best location for the fest, how long it will last (one day or multiple), how many stages, and how many bands that need to be booked for the duration of it. Festivals with a theme, catering to a specific genre are generally easier to plan and book, to cross over and have multiple appeal, more thought and planning must go into booking and scheduling the talent to ensure the right mix of musical styles and crowds. Securing the bands is usually left up to the promoter, while making sure the riders are satisfied or reasonably accommodated is the job for the production company. Also, according to Hogan, one of the key elements to a successful fest is to hire, “the best technical person on staff must be in charge of production management. Even with the best preparations, all kinds of little things can go wrong, especially at multiple stages. One person not involved in production at any one stage has to be free to fight the fires, and this person should be well versed in technical knowledge as well as diplomacy.”

Be sure to list and verify all permitting that must be secured along with verifying all local and state laws are observed. Arrange for all safety inspections of the venue’s stages to take place as early as possible in the planning making certain that everything current for electrical and fire coding. Once the stages are in place and the equipment has been loaded in and set up, plan on a final safety inspection prior to opening the gates. Check the layout of the venue and how it will factor into ferrying the artists across the festival grounds and to the stage. In order to allow the stages to run as smoothly as possible with minimal set change times, full backline must be provided at all the stages and artists should be discouraged from bringing anything other than their basic instruments. Hiring the right amount of crew and techs for the show will also prove vital to its success or failure. There is never such a thing as too much help for large-scale music events, so make sure to utilize all personnel as needed. Each stage needs a qualified stage manager to ensure smooth transitions between sets, and enforce adherence to the strict festival schedule. Allowing an act to run over their allotted timeframe will cause interference with the other stages close by.

Vendors of all types are expected to be a part of the festival experience. In the eHow article, “How To Organize A Music Festival”, it advises to, “Make sure you contact the top restaurants and food emporiums in your area. It's not all about the music. People have to eat and drink as well, so you might as well make sure they are not hungry or thirsty.” This also gives a great opportunity for festival organizers to coordinate with vendors for the purpose of sponsorship of the event, and to determine what additional use of the venue grounds will need to be portioned off to accommodate the vendor area, and to what degree space for each will be allotted.

Another issue or major concern is to make certain that all insurance policies are in place for the duration of the fest. Coverage will be needed for the event itself, protecting all those involved and also against sever weather conditions that might cause a delay or outright cancellation of the event. In addition to coverage for the festival and attendees, there also needs to be additional Workman’s Comp coverage purchased to cover all workers and volunteers in case of injury. Consulting with a legal and insurance team for the promoter or venue will prevent any issues, as the day of show gets closer. Security is another important issue to a successful festival experience for all involved. Making sure there is adequate personnel to provide security for the event, from the front gates to the front of the stage will help to ensure everyone involved has a safe and fun experience.

Alyssa – Taking The Pop Genre To A New Level

There’s a new star on the Florida pop scene, Alyssa, and her name will soon be on the minds and hearts of music lovers everywhere. This bright young artist, a New Jersey native who found her way to the dirty south many years ago, and now calls Clearwater her home, is poised to take center stage in the music industry. Expressing interest in music from an early age, she wrote her first songs by the age of fifteen and began performing at the age of eighteen for family and small crowds, working her way into the nightclub scene, honing her stage skills and performances into a finely tuned machine. Citing influences from Madonna and Christina Aguilera to Heart, she is a solid pop artist with a unique sound. This young artist has faced many struggles in her life using each one as inspirations for her music, drawing on the learning experiences of life to guide her craft.

As she started expanding her interest in the music industry by writing and preforming, the feedback was pouring in, and her future was looking bright. However, this first foray into the industry was abruptly cut short when her health intervened, forcing her to take a hiatus from music. Shortly after, she was diagnosed with the aggressive and damaging health issues that are a part of Type I Diabetes. Defying doctor’s predictions, with passion and determination, she fought her way back to good health and to music, finding solace in the tunes that she writes. During the interview, she offered these words to others, “I always felt that music was a form a therapy for the soul, and I hope that by showing the world that I don’t let my health conditions stop me, I could be an inspiration to others that suffer from long-term health problems.”

Not letting any setbacks deter her from her goal, Alyssa is now ready to bring her music to the world. Starting in January of 2013, she began forming her personal team of visionaries, surrounding her with many industry veterans as she finishes up the final tracks for her first full-length release, due out in June of this year. “I’m very excited to be able to bring my music to a new level, and can’t wait to get back on stage,” says the young artist. With the release of the album pending, she is ready to hit the road this summer with the “Bad Girl Summer Club Tour” working it’s way first around Florida and later to the rest of the southeast. With the intention of making Alyssa a household name, she is well on her way to becoming the mega-star like those she idolizes.

Avoiding Legal Pitfalls In Live Sound; Words Of Wisdom From An Industry Expert

Avoiding liabilities in live sound is like walking through a field of legal land minds, and only carefully mapped paths to tread will avoid setting one off. Today’s audio companies must be fully insured, and prepared to handle any situation that could arise before it happens. No one stresses this more than Julee Milham, Esquire, and well-known local attorney to the Tampa Bay Area who has been in practice since 1986. Milham was kind enough to grant an interview to an aspiring entrepreneur and the information she provided is invaluable to any business plan. Along with the many risks of any business that must be considered, there's several that in live audio, we must be ever conscious of.

Operating with safety first and foremost is, according to Milham, the biggest item and risk to consider. She states, “the risk of injury to third parties; whether by improperly secured, improperly installed, or improperly operated equipment, including transit vehicles,” is the number one “red flag” that must be addressed, then continually monitored through out the planning, set up, and execution of any event. We have seen the results in the last decade from negligence in all areas of production, with the loss of life and injury to those third parties unacceptable. No one wants to find him or herself on the wrong end of a situation that could have been prevented. The old saying, an ounce of prevention being worth a pound of cure, really hits home in the live audio world. During planning, asking all the right questions, brainstorming any possible scenarios along with a fully planned out risk assessment will be just as vital as the gear, crew and call times themselves.

Other ways of minimizing risks are by using properly written contracts and securing the best insurance for your company. According to Milham, “You can provide in your written agreements under what circumstances you can pull equipment, in your own judgment.” By writing in the amount of control you have over the use of your equipment and clearly stating what circumstances will warrant the suspension of use, will help your company have a final say for when the show goes on, and when it doesn’t. Other safety issues can also be addressed in contractual mandates requiring written proof of current inspection reports along with all staging and roofing specifications be submitted for review prior to the arrival of your equipment on-site. Being able to verify what the physical structure of the stage is comprised of and that it meets all state and local regulations will prevent any issues with damaged equipment and safety hazards. For outdoor gigs, in all areas of the country, weather conditions must be watched, typical weather patterns observed for each location leading up to the show, and then heavily monitored for the duration of the event. Taking into account the factor of the type of staging and roofing, if it is a permanent install, if wings are being added, and the composition of the roofing material are all necessary prior to any outdoor stage use.

Insurance, good insurance, is another key to minimizing losses. Spending the extra funds to guarantee that your company has the best coverage possible for a general policy is a smart investment while providing for any unforeseen future problems helps to reduce headaches later. Check around your area, analyze your risks thoroughly, and then be prepared to take out extra coverage for day of show on large festivals. Even though concert promoters are required to have insurance to cover, according to Milham, “all types of losses,” it is still better to be safe than sorry later. A claim of injury in which your company is named could cost in the tens of thousands to litigate or settle, and be the undoing of all the hard work to date. Be certain when dealing with a festival that you not only are aware of the touring company’s insurance coverage, subrogation and waivers but also the venue’s themselves. Many instances will require the subcontractors to sign waivers of subrogation limiting the chain of responsibility. Inquiring if your company can be named to the promoter and or the touring company’s policy, as an additional insured, will provide another layer of protection.

Other issues that could arise are within sound ordinances and performance rights. Knowing what the rules of the area are, how loud you can run, and at what time to pull the plug is important avoid being charged with disturbing the peace or any other local laws that could compound the problem. When dealing with performance rights, Milham confirms that operating as only a live audio company, you are not subject to any kind of infringement. However, she cautions that one must be certain “you aren’t participating in the unauthorized audio or audiovisual recording of copyrighted material.” This includes allowing hook-ups to your soundboard to record the performance in any way. Always be mindful of artists performance rights, and when in doubt, don’t. As an example, a designated representative of an unsigned, local artist that wishes to record visually or run audio to their camera is fine to do so if the artist is only performing their material. If it is any kind of a karaoke style performance, it could be seen as infringement, leaving the audio company open to a liability it could have avoided.

As many, including Milham stress, the importance of limiting legal risks will only ensure and improve the health of all involved, from the guy unloading the gear, the fan who is lucky enough to be next to the stage, to the company itself, safety is not merely a component of the business plan, but rather the basis of the plan to work from. 

Music Fans Die For Their Favorite Artists, Literally.

In the music industry, the business of live events should as much about the music itself as it is the safety for those that attend and work the shows. In a public gathering spot, charging entrance to an event or free; concerts, sporting event, fairs, theatres, clubs or bars bear the responsibility to ensure as safe of an environment for the fans and indeed anyone involved in the show, as possible at all times. Planning and execution of a live event, any live event, should be done with public and worker safety at the forefront. Since the start of the 2000s, there has been a record number of show attendee related injures and even deaths.

Starting with the most recent tragedy for nightclubs, in Brazil, the KISS nightclub, a local hotspot for teens and college students caught fire after the band’s pyrotechnics ignited the insulation foam over the stage, this toxic and quick burning fire quickly overtook the crowd, who in trying to escape had one exit, bouncers unaware of the emergency and no time to get out leaving 256 dead. Perm, Russia December 5, 2009, at a club known as the Lame Horse, again another incident of improper pyrotechnics used in a low clearance building, unsafe materials over the stage, causing the fire to ignite and spread at a rapid rate, while spewing highly toxic fumes. The patrons tried to flee, however 109 died in the fire and many others suffered injury due to the fact that the club’s only lit exit was the front door. Republica Cromnon nightclub in Buenos Aries, Argentina, December 30, 2004, 194 people killed after a firework ignited the foam ceiling, fire exits where chained shut, and no working fire extinguishers.

The one that left an indelible mark on the States is the tragic fire at The Station nightclub in West Warrick, RI on February 20, 2003. The 80s rock band, Great White was scheduled to perform as headliner at the club that Thursday night. As the band’s set started, their tour manager Daniel Bichele, ignited the band’s pyrotechnics with total disregard to the size of the building, type of acoustical and insulation foam that was over the stage and ignoring the possibility that these fireworks might be too much for the space. That night, 100 people lost their lives and another 200 were injured due to negligence, on the part of the band and their crew, those in charge of the venue that night, and also the club’s owners and city officials that allowed the building to stay open despite the fact it was in violation of multiple fire codes.

 Disregard for human safety is the dark side of the music industry, one that must be brought into the light and held accountable. Criminal charges where filed in all cases with mixed results. For The Station tragedy, the band itself maintains their innocence, while Bichele plead guilty to all charges and served four years of a fifteen-year sentence. The club’s owners also served lightened sentences, or not at all, and not one member of Great White has claimed any responsibility to date. Also many civil suits followed with the list of named defendants lengthily, from the club owners, to the city and state governments, the makers of the foam, the ones that sold it, even against JBL for the foam in the speakers and the concert promoter, as the show was sponsored by the local radio station owned by broadcasting giant, Clear Channel.

Later years brought more tragedy in the form of staging and roofing collapses. August 1, 2009 tipped off the new wave of issues at the Big Valley Jamboree Festival in Alberta, Canada, leaving 40 injured, and one dead. July 17, 2011 at the Ottawa City Blues Fest, the band Cheap Trick was in the middle of their performance when a storm that had blown up took a turn for the worse. Literally seconds before the roofing of the stage was blown backwards, the band had decided mid-song to leave the stage, and as they did, it came crashing down on them. Taking the brunt of the initial hit was the band’s gear truck parked behind the stage that was crushed by but gave the band time to get free of the stage and allow the roadies just enough time to clamber up and grab equipment. Though the band and most of the crew escaped injury, a few did not including their truck driver and another stagehand. Then on June 16, 2012, a temporary roof and stage setup for a Radiohead concert in Toronto collapsed prior to show opening, killing drum tech, Scott Johnson for the opening band the BBC. There where no adverse weather conditions however in Toronto that day, and there is still no official ruling to date on the cause of the roof collapse.

Aug. 6, 2011, high winds toppled a lighting rig at an outdoor concert by the Flaming Lips in Tulsa, Oklahoma, followed by the tragedy at the IndianaState Fair when the roof blew off just prior to the band Sugarland taking the stage, killing 5 and injuring many more. Again, in each of these cases, a set list of things go wrong prior to the show start or to anyone getting on those stages. Safety checks and inspections on the structures for internal integrity were not performed or not up to standard, weather conditions where not taken into account and the calls were not made early enough to prevent injury, and also, the roofing was overloaded with lighting and audio, on truss not wind rated for the kind of poundage that was strapped to them, causing them to tip in high winds.

Through all of these, fingers have been pointed, some charges filed on many parties, and civil lawsuits abound. In some areas, the state and federal laws have been updated to include new safety measures for venues and other places of gathering, however, it’s not enough, indeed, some say it’s too little, too late. Advocates, such as Paul Wartheimer of Crowd Management Strategies published a list of 14 questions that he believes should be used as reference prior to starting any outdoor live event. He also sites many other lessons that are to be learned after any large crowd disaster, citing the state fair as the most recent, but applying to all, “A lack of comprehensive local, state and national safety laws and standards; an appalling lack of competent event management and staffing; a failure to enforce or comply to safety laws that do exist; and the failure to hold parties criminally responsible for preventable crowd disasters,” says Wartheimer in his follow-up article, The Indiana State Fair Tragedy One Year Later: What Happened And What To Do Now.

Going forward however, it is the responsibility of everyone involved in show production to be safety minded first, foremost and always. Communication with all staff connected to the event is vital, and must stay up to date. There is no room for pointing blame when lives are being lost, all in the name of a good time. Fans that thought they would get to see the show of their lives and instead gave their lives to the show. This cannot be allowed to continue, the days of “it’s not my job” are long gone, and the person that doesn’t speak up about potential problems is just as guilty as the person that ignored them.