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Information Transparency (2)

30/8/2018

 
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We understand things don't always work out as planned.

Rather than withholding information and exploding in a fit of emotional angst, we prefer to transparently dismantle, communicate and account for the what, why, how, when and where in an open, honest, neutral and unbiased way, so we may learn from experience and grow, develop and strengthen ourselves and others as individuals.

Red & Black Music was set up in 2012 to stop musicians cancelling. Conforming to our striving for information transparency, this blog is an open source of KLU (Knowledge, Learning and Understanding). It reports breaches of agreements and unscrupulous traders, communicates problems to be aware of, documents incidents, resolutions and future implications and explores and analyses ongoing issues/topics in music management and production. Full names, addresses and contact details of private individuals are omitted for the purposes of GDPR.
I’m happy to do the recording as agreed with Rory, with completion by 31st Aug 2018, with the conditions you state on your email below, as well as the condition that the content of emails/communications/potential contractual disputes are not posted on websites/social media by either party.  

Information Transparency (1)

31/7/2014

 
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​What is Information Transparency?

Information Transparency, or, in other words, "open accessibility of information", is information openly accessible and freely available. This is something we feel strongly about as a liberty and an entitlement. It's tied into one of our two most important values: communication. It's the crystal clear transmission of our internal correspondence in its source format, and the linking of topics together to build an accountable, literal understanding of our modus operandi (mode of operation): ensuring any evidence we present online is traceable, archivable and accessible to all. It cultivates and nurtures KLU (Knowledge, Learning and Understanding). It's tied into our belief in the individual's right to freely ask and answer a question. It facilitates a neutral platform in which information can be transferred between two contact points, from one person to another, regardless of the wider sociocultural context and/or implications. We have taken this initiative beyond group emails and into the online domain. This bold yet controversial step functions as follows:

  • It acts as a "watch dog" (or "watch blog"!): by reporting unscrupulous traders and naming/shaming unreliable musicians and artists (without infringing on their personal rights as private individuals).
  • Disclosing breaches of contract acts as a warning to potential engagers about the risks that they may face, and may ultimately save them time and money.
  • This acts as a preventative deterrent to others, discouraging these breaches from happening.
  • This also acts as an information source so other engagers who constantly face the same issues are able to read, analyse and evaluate what could, should or would be said/actioned to resolve situations.
From: HP
Subject: RE: Gig confirmation re: 16/08/2014
Date: 31 July 2014 at 12:39:07 BST
To: Red & Black Events, Alyss
Cc: "ST", Rory

Dear all,

I'm not sure why this set of emails have been cc'd to everyone, as I feel personally that this is in breach of the relationship between any sort of 'employee' and 'company'. It's actually quite unsettling to see this being dealt with in this unprofessional manner (it comes across a little gossipy in the way it has been forwarded), whatever AM's reasons are for wanting to withdraw. Please ensure that if private correspondence occurs between myself and Fiesta Latina in future, it is not forwarded freely around a team of people in this manner. Also bear in mind that many of the performers you work with know each other, regularly perform together in other projects, or have been personal friends for many years.

I am not meaning to sound ungrateful for being offered work (thank you again), but I have to agree that the current organisation of R&B, though efficient in many ways, does come across a little on the cold side compared to the personal touch it carried when pitched as 'Rory Duff Trio' style work. 

Regards, HP
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​Private Correspondence?

Question: why has such "private correspondence" been forwarded freely around a team of people in this manner? Answer: because it's not "private correspondence". The actions of one defaulting party has the potential to impact on the "group" in a negative way:
  • The other musicians
  • The agent
  • The venue/promoter

Such correspondence is effectively no longer "private". It has the potential for consequential effects on other people. It's only fair that these other people are warned well in advance when such issues arise. First of all, let's review our definition of "private".

While we reject the notion of a "group" in the absolute sense: the reality is that the actions of one person can serve detrimental consequences to the other members of the same group in the relative/contingent sense, and it is only right that these risks are communicated to all affected parties in a clear, transparent way. In this scenario, since all musicians are under the same contract, they are jointly and severally liable, both to the label and to one another, for upholding this contractual agreement and the agent's terms and conditions. Therefore, if an issue arose, it is only reasonable to alert others to the potential risks in case a more desirable solution presents itself via democratic consensus.

Please note: while HP & AR condemn the way in which the situation is handled; neither of them propose an alternative, more "positive way" of handling the situation. A less 'stern'/more 'lenient' approach wouldn't have resulted in a "positive outcome"; it would have risked an unhappy client situation as we have found from previous experience.
1 Belonging to or for the use of one particular person or group of people only.
‘all bedrooms have private facilities’
‘his private plane’

1.1 (of a conversation, activity, or gathering) involving only a particular person or group, and often dealing with matters that are not to be disclosed to others.
‘this is a private conversation’
‘a small private service in the chapel’
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​What would you do?

Just take a deep breath. Wait and see what the others say. Reassure everyone else in the "band" that they are waiting for the feedback from the defaulting party before making any hasty decisions. Once you get feedback, email the others to them know, and they can discuss the best solutions for whatever the outcome may be and who needs to be contacted as a matter of emergency.

We did ​well to tell the other musicians. No one likes surprises, or being in the dark. Just be reassuring at this stage. Had we suddenly and unexpectedly announced an event cancellation "out of the blue" (had one ever come about): we risk the other musicians neither reading nor understanding how these cancellation circumstances conspired, and we may be held liable to the other musicians for any losses as a result of the event cancellation through no fault of our own. So include all affected parties in the same conversation/discussion. And keep conversations on email, so everyone can track back properly.

Although initially painful/uncomfortable, it's more conducive in the long run to tell the other band members rather than wait until the last minute before announcing an event cancellation out of the blue (should one ever come about). It provides an opportunity to "nip it in the bud": resolve a situation swiftly rather than let it fester and develop beyond control, i.e., get taken out of context and impact back to the client in any way. At the very least, it gives musicians a 'heads up' so that they at least have the chance to either talk about the situation, walk away from the situation, or work towards the prevention of such hasty measures.

What would have been the implications of such a breach?
  • We'd probably reply in a slightly more disciplinary fashion.
  • We'd need to update the other musicians about this, and ensure no-one has their livelihood put at risk by the actions of the defaulting party.
  • Lastly, we'd need to warn the venue that our singer has cancelled due to a contractual dispute; that the other musicians have advised us that they won't charge us for the losses as long as the cancellation is made explicit before a certain date.

As it happens, we were really happy to know that AM would honour her contractual obligation and find a deputy; and obviously relieved that we wouldn't have to cancel the performance on Saturday. Had we not given a heads up to the other musicians, then we probably would have compromised them (and ourselves) through failing to communicate these issues transparently enough.
From: FM
Subject: Re: Gig confirmation re: 23/08/2014
Date: 1 August 2014 at 18:38:16 BST
To: Red & Black Events, ST
Cc: AM, Rory

Hi Jo, 
Thanks for keeping us updated of this situation and apologies for not being able to reply to this before. 
I am not aware at all about AM's situation/reasons for cancelling the scheduled events, so I thinks this is something that should be resolved between the management of La Fiesta Latina and herself, although I appreciate you wanted to discuss this matter with us. However, I think any of the mentioned options would be a suitable solution. 
The terms and conditions you have mentioned are perhaps not very clear to me, as they are a bit wordy. Could you please "translate" to me what the consequences of Alyss pulling out and not finding a suitable deputy are? 
Cheers, 
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​How would you communicate?

Word it delicately to the musicians. It needs to cover any concerns they may have of not being paid as well as any 'sharing the responsibility' concerns too. They must remain contracted. And the deputy must be okay and clear on that too. (Can the deputy do vocals on all originally agreed songs? And pick up one song for every two or three they don't already know? Make sure that the musicians can do the new songs for instance, so the deputy doesn't have too much to prepare in such a short space of time? )

​:) Happy outcome here :)

​How does this relate to accountability?

At Red & Black Music, one of our two most important values is communication. We've found communication has the following positive side effects:
  • It cultivates understanding.
  • It nurtures empathy, sympathy and compassion.
  • It provides an alternative side to an argument, which can progress our means by which we confront things.
  • It enables us to learn, grow and develop - to account for things.
  • It increases choices, and facilitates decisive action.
  • It prevents anxiety and depression.
  • It provides a quicker route to clarity, peace of mind and a sense of resolution.

At Red & Black Music, our other most important value is accountability. Clear, transparent communication enables us to read and analyse, take stock of what has happened and move forwards (both as a refinement of our agreements/understandings and as a preventative deterrent for similar issues/negative patterns of behaviour recurring in future. This essential dynamic between accountability and communication forms the foundation of our business.

We've been made aware that the music "industry" is a small, close-knit circuit, and that the performers we engage know each other, regularly perform together in other projects or have been personal friends for many years. While we appreciate that this might be true (to a certain extent): we are also aware of the following:
  1. Business intermediaries waver in and out of such an "industry" and it is therefore not a collective community (e.g., performers moving abroad without notifying their engagers).
  2. For this reason alone, there is not one set of rules or social obligations that should 'dictate' how we work: as long as we are accountable for our own actions.

As a label, we can neither pretend we have the answers, nor assume that the answers are "out there". However, we can and do have the right to communicate, ask and answer questions and openly challenge circumstances as a source of KLU (Knowledge, Learning & Understanding). Being open and honest, without "withholding information" is critical and paramount to this process.
From: AM
Subject: RE: Gig confirmation re: 16/08/2014
Date: 1 August 2014 at 21:01:16 BST
To: Red & Black Events, Rory
Cc: HP, ST

Hello Jo,
I have only just seen your email now. So by default I have not been able to fulfil the terms of your request. I spent some time last night contacting people to see if I could find a deputy, but am still waiting to hear back from some people so I can't let you know anything for definite yet. 
I understand that it's not ideal for me to pull out of the gigs at this stage, but I do feel that the situation could been handled in a more positive way. Also it is not reasonable for you make an ultimatum like that with such a short space of time to fulfil the terms.
Does everybody really need to be involved in these emails?
AM

From: Red & Black Events
Sent: ‎01/‎08/‎2014 09:39
To: Rory
Cc: HP; AM; ST
Subject: Re: Gig confirmation re: 16/08/2014

Hi,
The client (agent) is away on holiday between 02/08/2014 - 17/08/2014 (inclusive).
Please can we resolve by 14:00, 01/08/2014 (today), the issue(s) re: the withdrawal of AM from the contracted engagement(s), with Fiesta Latina, on:
16/08/2014 - Frodsham
23/08/2014 - Birmingham
Please note that the event(s) still stand as professionally contracted engagement(s).

3 options_

1)
AM find a suitable deputy.
In order to proceed with a deputisation, please can you do the following.
1) Please can you check that the deputy performer is equipped with the appropriate skills set and level of professionalism appropriate to the prerequisites of the engagement(s) and Fiesta Latina.
2) Please can you check that the deputy performer is available on the above date(s) and that they are satisfied with the terms and conditions of the engagement(s).
3) Please can you provide me with the contact details (email, telephone number) of the deputy performer.

2)
AM re-confirm acceptance of the engagement(s) and perform with their own programme(s) / score(s).

3)
AM re-confirm acceptance of the engagement(s) for an extension to the performance fee (+£50.00).

Under normal circumstances, it is the responsibility of the performer(s) / producer(s) to make known to the manager their terms and conditions of acceptance or tentative acceptance upon receipt of an offer.
However, on this occasion, I’m prepared to forfeit my management fee plus an apportionment towards the marketing / studio costs of Fiesta Latina, if it means not troubling the client.
AM / ST / HP / FM / RD
Please can you vote on the above 3 options.
If we do not reach an agreement democratically / internally by 14:00, 01/08/2014 (today), the withdrawal of AM from the contracted engagement(s) will become subject to the terms and conditions of unauthorised absence, which is classified as a breach of contract.
I will be obliged to let the client know, because it is reasonable I let the client know with sufficient notice before they are away on holiday.
If I let the client know, AM may be liable for any cancellation fee(s) due to the other confirmed performer(s) / producer(s), if the client elects for cancellation(s) (full or part) on the basis of non-fulfilment of the artist / production, in addition to any penalties / damages pursued by the client.
See clauses below from the client contract, to which we are liable as an artist.
However, I anticipate that these procedures will not be required, if the issue(s) can be resolved reasonably / internally via democratic vote.
Please let me know as soon as possible.
Thanks_Jo

6. Cancellations

a) Cancellation by the Client:
All cancellations must be made in writing to the Agent and will be subject to the following terms:
In the event of cancellation of the contract by the Client the Booking Fee will not be refunded and in addition to this
i) if the Contract is cancelled by the Client within 90 days of the Event Date then 50% of the Balance will be payable;
ii) if the Contract is cancelled by the Client within 30 days of the Event Date then 100% of the Balance will be payable.
Any applicable cancellation fees shall be payable by the Client to the Agent within 7 days of cancellation notice. The Agent will forward cancellation fees to the Artist within 7 days of receipt of these fees from the Client.

b) Cancellation by the Artist
Cancellation by the Artist is not permitted for any reason except circumstances covered by Force Majeure (see clause 21).
In the unlikely event of cancellation or non-appearance by the Artist, the Agent will endeavour to do all that is feasibly possible to provide a suitable alternative at no extra cost to the Client and the Client shall not unreasonably refuse to accept such a suitable alternative. In the event of unreasonable refusal, the provisions of clause 6(a) above will apply. Should the Artist cancel the booking under the circumstances not covered by Force Majeure, the Client may pursue unlimited damages from the Artist as they see fit. The Artist also agrees to refund the Client any difference between the total original fee and the total fee charged by any replacement Artist arranged for the Client by the Agent. In the event that a suitable replacement Artist cannot be arranged by the Agent, then the Artist will be liable to pay to the Client a fee equal to the Booking Fee paid by the Client to confirm the booking and this must be paid within 7 days. Please note that credit or debit card charges are non- refundable.

22. Force Majeure

In cases of Force Majeure (which shall be known as war, fire, death, serious illness, epidemic, strike, labour dispute, accident, civil commotion, national calamity, act of God) which are not attributable to any act or failure to take preventative action by the Client or the Artist, then the Client or Artist may cancel this booking without penalty other than loss of the Booking Fee.


Events @ Red & Black Music
E: [email protected]
All offers & engagements are subject to T&C, available on the Red & Black Music website.

On 31 Jul 2014, at 19:51, Rory wrote:
Oh dear, this isn’t looking good…
Hi AP, I was just looking through your email to Jo - hope you don’t mind me clarifying your point about the arrangements / musical structures… No one’s saying you can’t use your own set list / charts and as I understand it would be perfectly acceptable for this sort of gig (Havana Club promotion). I only sent you my charts because I thought it might be helpful, but you don’t have to use all of them. The odd instrumental wouldn’t go amiss too.
Also, just a thought… might you or ST be able to find a sub in time for the 16th and 23rd?
Hope we can all get it sorted! :) x
Rory Duffy
[email protected]

On 31 Jul 2014, at 13:59, Red & Black Events wrote:

FYI

6. Cancellations

a) Cancellation by the Client:
All cancellations must be made in writing to the Agent and will be subject to the following terms:
In the event of cancellation of the contract by the Client the Booking Fee will not be refunded and in addition to this
i) if the Contract is cancelled by the Client within 90 days of the Event Date then 50% of the Balance will be payable;
ii) if the Contract is cancelled by the Client within 30 days of the Event Date then 100% of the Balance will be payable.
Any applicable cancellation fees shall be payable by the Client to the Agent within 7 days of cancellation notice. The Agent will forward cancellation fees to the Artist within 7 days of receipt of these fees from the Client.

b) Cancellation by the Artist
Cancellation by the Artist is not permitted for any reason except circumstances covered by Force Majeure (see clause 21).
In the unlikely event of cancellation or non-appearance by the Artist, the Agent will endeavour to do all that is feasibly possible to provide a suitable alternative at no extra cost to the Client and the Client shall not unreasonably refuse to accept such a suitable alternative. In the event of unreasonable refusal, the provisions of clause 6(a) above will apply. Should the Artist cancel the booking under the circumstances not covered by Force Majeure, the Client may pursue unlimited damages from the Artist as they see fit. The Artist also agrees to refund the Client any difference between the total original fee and the total fee charged by any replacement Artist arranged for the Client by the Agent. In the event that a suitable replacement Artist cannot be arranged by the Agent, then the Artist will be liable to pay to the Client a fee equal to the Booking Fee paid by the Client to confirm the booking and this must be paid within 7 days. Please note that credit or debit card charges are non- refundable.

22. Force Majeure

In cases of Force Majeure (which shall be known as war, fire, death, serious illness, epidemic, strike, labour dispute, accident, civil commotion, national calamity, act of God) which are not attributable to any act or failure to take preventative action by the Client or the Artist, then the Client or Artist may cancel this booking without penalty other than loss of the Booking Fee.


Red & Black Music
[email protected]

On 31 Jul 2014, at 13:51, Red & Black Events wrote:
Hi,
No problem, thank you for letting me know. I apologise for any inconvenience.
Please note that this is a professionally contracted engagement. All recipient(s) included in this email and named in the below confirmation are jointly and severally part of and integral to the same agreement. Any performer(s) cancelling this agreement are liable for any accrued costs resulting from their cancellation.
This includes any penalties / damages and / or cancellation fee(s) due to the other confirmed performer(s) / producer(s), if the client chooses to cancel on the basis of non-availability of the production.
Therefore, such communications are classified as internal communications. If the issue(s) cannot be resolved between the manager and the performer / producer re: contracted engagement, with Fiesta Latina, on:
16/08/2014
it is reasonable that they are communicated to all performer(s) / producer(s), as affecting all recipient(s) included in this email, in order that the issue(s) can be resolved internally.
Thanks_Jo

On 31 Jul 2014, at 12:39, HP wrote:
Dear all,
I'm not sure why this set of emails have been cc'd to everyone, as I feel personally that this is in breach of the relationship between any sort of 'employee' and 'company'. It's actually quite unsettling to see this being dealt with in this unprofessional manner (it comes across a little gossipy in the way it has been forwarded), whatever AM's reasons are for wanting to withdraw.Please ensure that if private correspondence occurs between myself and Fiesta Latina in future, it is not forwarded freely around a team of people in this manner. Also bear in mind that many of the performers you work with know each other, regularly perform together in other projects, or have been personal friends for many years.
I am not meaning to sound ungrateful for being offered work (thank you again), but I have to agree that the current organisation of R&B, though efficient in many ways, does come across a little on the cold side compared to the personal touch it carried when pitched as 'Rory Duff Trio' style work. 
Regards, HP

    Blog

    Red & Black Music was set up in 2012 to stop musicians cancelling.

    This blog has been running since 2009 for the purpose of preserving the lessons learned in music management and committing them to account. It transparently documents the internal struggles of running bands, managing relationships and dealing with people; evidencing breaches of communication and accountability both on the artist side and the client side, in an open access format.

    Purpose

    At Red & Black Music, we believe in accountability = learning from experience. This blog serves as a record of challenges we’ve faced and how we’ve worked to resolve them. By sharing this, we aim to demonstrate our commitment to professionalism, problem-solving, and continuous improvement.

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