In many ways a performance contract is a fairly simple contract, but there's still a lot of "devil in the detail" of how the deal will work.

Practical Considerations
There are all sorts of practical considerations to performing and touring. Ideally, these will be agreed and set out in the performance contract. Some examples of these practical matters are:

• Set up - there should be enough lead-in time to bump-in, set up, and do all sound and lighting checks before the show, and enough lead-out time to clear away all equipment. There should also be proper access to the venue and stage and adequate power etc;
• Venue - anything supplied by the venue or promoter should be in good working order. No harm in asking this beforehand;
• Security - the venue or promoter should provide proper security for both you and your equipment, and provide adequate security to supervise the audience during the show and bounce at the door, especially where you are being paid from door takings (or sitting there taking them yourself);
• Recording the performance - the contract should state that no one with audio or visual recording equipment will be allowed to attend the gig without your prior written consent. Check out your rights under "Performer's Rights" (below) on this too;
• Permits and consents - it is up to a venue or promoter to obtain all permits and consents, such as any necessary APRA venue permits or applicable noise or liquor licenses, and you shouldn't have anything to do with this; and
• Ticket Sales - the contract should allow a representative of the band or artist to have full access to and supervise both the box office and door sales (if you are to be paid that way). It'll save you counting the audience when you're up their playing.

Payment for Live Shows
There are various options for payment to a live performer. The options that you may come across more frequently (other than payment in amber and hoppy fermented beverages!) are as follows, which vary depending on the size of the venue, tour etc:

• A fixed performance fee;
• A percentage of gross or net income earned from the show ("the door");
• A minimum fee and/or percentage of the gross or net income (whichever is greater); or
• A minimum fee plus an increasing percentage of door income above a certain level - the more you sell, the more you earn.

In any case, you should make sure the performance contract states exactly when you will be paid, including an initial deposit. The deposit may be as much as 50% of the total fee and is often payable on signing the deal, or a minimum period before the show.

Termination
If either you or the venue or promoter wish to cancel the show, this should only be done with reasonable prior notice (21 days before a gig is a common minimum period). If the venue/promoter cancels outside of 21 days (or any other period you might agree), the venue/promoter should forfeit the deposit. If it cancels later than 21 days, then it should pay you the whole gig fee. Your agreement should allow you to terminate at any time prior to the performance if you are unable to perform because of sickness, injury for example, or anything beyond your control. The main point here is look closely at the contract's terms relating to payment of the deposit or fee and the terms relating to termination - you don't want to get caught short if someone has to pull the pin on it.

Touring and Promoters
As with all matters relating to your music, touring is something you can do yourself (along with a manager) or you can use a promoter to handle all the necessary administrative tasks of booking gigs, such as dealing with venues, publicity, media, lighting, transport and supply of food and beverages. The promoter may even set ticket prices, taking into account the cost of the show and anticipated profit. You would then have a contract with the promoter, who does all the rest (including the contracts with venues).

Lists of promoters and other info are in the Australasian Music Industry Directory or The Music Network's little "Black Book".

There are no minimum qualifications necessary to be a promoter, so it is a good idea to shop around, and ask others about recommended promoters for your tour. If you decide to go with a promoter, try and ensure that your deal with them requires all major decisions to be made in consultation with you and your manager, and are made subject to your consent. Ideally, the responsibilities of the promoter, and their relationship with you, will be set out in a written agreement. See “Contracts Generally”...

It isn’t uncommon for some promoters to be reluctant to hold off committing themselves to an agreement until it is certain that all necessary arrangements are in place. At the very least, you and the promoter should be prepared to sign a “letter of intent”, that shows you are both willing to negotiate in good faith after preliminary inquires or arrangements have been made.

The Arts Law Centre of Australia has an info sheet on "agents agreements", which applies to visual artists rather than musicians - however you may still find it useful.

Performer’s Rights
As a “performer”, you will have limited rights in relation to your performance, and protecting it within Australia, under “Part XIA” of the Copyright Act. This essentially gives you rights to prevent anyone recording or broadcasting your performance without your permission. It is not copyright, but the right does run for 50 years from the date your performance was given.

These rights don’t give you copyright in your performance, or recordings of it, which belong to whoever made the recording. Your ability to control the unauthorised recording is limited.

However, under the recent Australia/US Free Trade Agreement, changes to Part XIA of the Copyright Act, which came into effect on 1 January 2005, mean copyright in an audio only recording (i.e.. not video or film) of any performance will be owned by both the performers involved and the owner of the recording medium (the tape or recording device). Performers can agree to override this ownership split. This increases the ability of performers to control an unauthorised performance but it may be limited in practice. The “FTA” changes also give a performer “moral rights” in both their live performance and any recording made of it.

Further Information - Performer’s Rights
The Australian Copyright Council has a range of about performer’s rights, look under P for 'performer' (G022). 

The Arts Law Centre of Australia also provides a range of information about performer's rights: 

In many ways a performance contract is a fairly simple contract, but there's still a lot of "devil in the detail" of how the deal will work.

Practical Considerations
There are all sorts of practical considerations to performing and touring. Ideally, these will be agreed and set out in the performance contract. Some examples of these practical matters are:

• Set up - there should be enough lead-in time to bump-in, set up, and do all sound and lighting checks before the show, and enough lead-out time to clear away all equipment. There should also be proper access to the venue and stage and adequate power etc;
• Venue - anything supplied by the venue or promoter should be in good working order. No harm in asking this beforehand;
• Security - the venue or promoter should provide proper security for both you and your equipment, and provide adequate security to supervise the audience during the show and bounce at the door, especially where you are being paid from door takings (or sitting there taking them yourself);
• Recording the performance - the contract should state that no one with audio or visual recording equipment will be allowed to attend the gig without your prior written consent. Check out your rights under "Performer's Rights" (below) on this too;
• Permits and consents - it is up to a venue or promoter to obtain all permits and consents, such as any necessary APRA venue permits or applicable noise or liquor licenses, and you shouldn't have anything to do with this; and
• Ticket Sales - the contract should allow a representative of the band or artist to have full access to and supervise both the box office and door sales (if you are to be paid that way). It'll save you counting the audience when you're up their playing.

Payment for Live Shows
There are various options for payment to a live performer. The options that you may come across more frequently (other than payment in amber and hoppy fermented beverages!) are as follows, which vary depending on the size of the venue, tour etc:

• A fixed performance fee;
• A percentage of gross or net income earned from the show ("the door");
• A minimum fee and/or percentage of the gross or net income (whichever is greater); or
• A minimum fee plus an increasing percentage of door income above a certain level - the more you sell, the more you earn.

In any case, you should make sure the performance contract states exactly when you will be paid, including an initial deposit. The deposit may be as much as 50% of the total fee and is often payable on signing the deal, or a minimum period before the show.

Termination
If either you or the venue or promoter wish to cancel the show, this should only be done with reasonable prior notice (21 days before a gig is a common minimum period). If the venue/promoter cancels outside of 21 days (or any other period you might agree), the venue/promoter should forfeit the deposit. If it cancels later than 21 days, then it should pay you the whole gig fee. Your agreement should allow you to terminate at any time prior to the performance if you are unable to perform because of sickness, injury for example, or anything beyond your control. The main point here is look closely at the contract's terms relating to payment of the deposit or fee and the terms relating to termination - you don't want to get caught short if someone has to pull the pin on it.

Touring and Promoters
As with all matters relating to your music, touring is something you can do yourself (along with a manager) or you can use a promoter to handle all the necessary administrative tasks of booking gigs, such as dealing with venues, publicity, media, lighting, transport and supply of food and beverages. The promoter may even set ticket prices, taking into account the cost of the show and anticipated profit. You would then have a contract with the promoter, who does all the rest (including the contracts with venues).

Lists of promoters and other info are in the Australasian Music Industry Directory or The Music Network's little "Black Book".

There are no minimum qualifications necessary to be a promoter, so it is a good idea to shop around, and ask others about recommended promoters for your tour. If you decide to go with a promoter, try and ensure that your deal with them requires all major decisions to be made in consultation with you and your manager, and are made subject to your consent. Ideally, the responsibilities of the promoter, and their relationship with you, will be set out in a written agreement. See “Contracts Generally”...

It isn’t uncommon for some promoters to be reluctant to hold off committing themselves to an agreement until it is certain that all necessary arrangements are in place. At the very least, you and the promoter should be prepared to sign a “letter of intent”, that shows you are both willing to negotiate in good faith after preliminary inquires or arrangements have been made.

The Arts Law Centre of Australia has an info sheet on "agents agreements", which applies to visual artists rather than musicians - however you may still find it useful.

Performer’s Rights
As a “performer”, you will have limited rights in relation to your performance, and protecting it within Australia, under “Part XIA” of the Copyright Act. This essentially gives you rights to prevent anyone recording or broadcasting your performance without your permission. It is not copyright, but the right does run for 50 years from the date your performance was given.

These rights don’t give you copyright in your performance, or recordings of it, which belong to whoever made the recording. Your ability to control the unauthorised recording is limited.

However, under the recent Australia/US Free Trade Agreement, changes to Part XIA of the Copyright Act, which came into effect on 1 January 2005, mean copyright in an audio only recording (i.e.. not video or film) of any performance will be owned by both the performers involved and the owner of the recording medium (the tape or recording device). Performers can agree to override this ownership split. This increases the ability of performers to control an unauthorised performance but it may be limited in practice. The “FTA” changes also give a performer “moral rights” in both their live performance and any recording made of it.

Further Information - Performer’s Rights
The Australian Copyright Council has a range of about performer’s rights, look under P for 'performer' (G022). 

The Arts Law Centre of Australia also provides a range of information about performer's rights: