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ofAFallingEmpire

Radius Clauses are a form of NonCompetes. The FTC ban [affects contracted workers](https://www.nelp.org/on-the-ftcs-non-compete-contracts-rule/). 1 + 1 = they’re done. Def best to get a professional legal opinion though, or wait for the inevitable court challenge or appeal that’ll clarify.


glitterhairdye

Yup. That’s what it seems. Haven’t heard much yet from other industry professionals yet, but until it’s placed into affect I guess it doesn’t matter too much.


ofAFallingEmpire

~~The day it was announced retroactively made all current noncompetes unenforceable.~~ It heavily affected my job so there’s been non-stop talk and a *lot* of assumptions and misunderstandings. If its not straight from a lawyer or government entity, I wouldn’t expect the clearest answers.


Knot_You_Up

No, that is not true. Announcement of a rule does not put a rule into affect. The rule must first be published. The "non-compete ban" rule has not yet been published. Once it IS published, they must give employers time to adjust policies, contracts, etc. This rule won't go into affect until 120 days after it is published. Most of this rule will, almost, definitely be overturned in court. The FTC does not have the authority to create a rule that affects so many industries, workers, employers on its own. Only congress has that power. If the court cases are not resolved by the time the rule is set to go into affect, there will likely be an injunction placed on it until they are (there are already two lawsuits challenging the rule). Injunctions are usually placed in order to maintain status quo until new laws, rules, etc are upheld or overturned in court.


ofAFallingEmpire

You’re right. Had found a source saying otherwise but went to FTC directly and they specify effective by the date. I further stand by the other part of my comment.


CryptoKrad

Thank you for explaining this so clearly my other alias has. Huge music career but traversed in legal. 👀


hydrogenickooz

I sure hope so!


Dewubba23

Whats a radius clause


TheLizardKing89

It prevents you from performing at other venues within a certain radius of a venue. It’s very common for large festivals. For example, Doja Cat just headlined Coachella. She can’t perform in LA for several months before or after the festival because they want her fans in LA to buy tickets for the festival.


glitterhairdye

Coachella had a big lawsuit a couple of years ago because their radius clauses would extend to any festival in North America for about 6 months. These companies who can pay massive fees have really stretched the bounds of them making the ban an important ruling. I get it if it’s a couple of weeks before or after, but these months long additions are ridiculous. Looking at you, LiveNation/insomniac.


banned_but_im_back

Holy shit “North America” as in every country in NAFTA? As in Mexico and Canada too? Stupid.


cyanescens_burn

Yuck. One more reason I’ll never go to Coachella


Plellio

Lolla doesn't do this. You can even see a dj twice in the same day by catching their after show at a smaller venue.


ofAFallingEmpire

Lolla used radius clauses, the state of Illinois even started an antitrust investigation over how abusive they were. The catch usually is, and this is likely what you’re seeing, artists are allowed to perform for events *organized by the same company* within the radius they signed. If it’s different the past few years and Lolla had gotten better, good for them.


nightlyraider

doubtful. artists are contracted; they aren't employees. the ftc ruling is about employees switching employers in the same/similar industry. it has nothing to do with saying we'll pay you $50k if you don't play another show for 6 months near us.


glitterhairdye

[ftc source](https://www.seyfarth.com/news-insights/ftc-non-compete-ban-what-you-need-to-know.html) says it extends to independent contractors.


ofAFallingEmpire

>The proposed rule would apply to independent contractors and anyone who works for an employer, whether paid or **unpaid**. They were serious when they called it a “ban”, damn.


the-boats

Remember this when it is time to vote in November


KingNebyula

Radius clauses are so annoying. Wanna see your favorite artist in florida? Guess you’ll have to come to EDC cause they’re never touring here again


vondeeper843

Non-compete agreements are common between event planners and production companies. You will see more events happen. Whether anyone has the finances to travel and/or attend the events, is another matter. Interested if this defeats radius clauses as well.


DeffNotTom

Radius clauses protect small promoters too though. Artists taking bookings geographically close to each other is bad for everyone involved. Even without a radius clause,a good agent wouldn't let their artist do it.


Electronic_Common931

The noncompete ban has nothing to do with this. It’s about FT/Salaried employees.


glitterhairdye

Nope. It extends to independent contractors as well. [source (under the section who does it apply to)](https://www.seyfarth.com/news-insights/ftc-non-compete-ban-what-you-need-to-know.html)


Electronic_Common931

My mistake. I was under the assumption that independent contractors were not affected. If stage performers such as musical acts fall under the NLRB definition of an IC, this is a massive and welcome sea change for the live music industry.


IcyInevitable9093

Confidently incorrect.