KATIE CORRIGAN says a well-drafted contract plays a key role in artistic success
August in Edinburgh is synonymous with The Festival in all its guises and, whether you are a visitor or a resident, the city is transformed. Even the most curmudgeonly of locals must surely accept the economic, not to mention the cultural benefits it provides to Edinburgh, as much as they heave a huge sigh of relief that it is over for another year.
Whilst the performances usually take place in indoor venues (and one tent – even if it is an upturned cow – is much like any other on the inside), the geography and cityscape of Edinburgh are themselves an essential part of the festival experience with specific venues providing a clue as to the type of performance or event to expect, even if you’ve not heard of the performer.
With place or venue for a performance vital to its success, and even more so as the arts, and its performers, struggle to make ends meet, another unavoidable, but essential component in this, are those habitual “performers”, the lawyers.
Appropriate legal agreements, with recurring rights to occupy the relevant venue over several years, and rental levels which work for both landowner and occupier over the long term, must be agreed.
As an operator, particularly in The Fringe, the worst-case scenario (aside from a pandemic) would be the need to find a different location having built up a brand linked to a particular physical spot. Just such a fate has befallen the Book Festival highlighting the financial burden of festival hosting, and the role of corporate sponsorship.
Although the ins and outs of corporate sponsorship and the issues facing arts bodies in knowing what will meet the rigorous ethical test applied by certain lobbying groups is beyond the scope of this article, it serves to underline the need for well-drafted legal agreements which provide for termination in certain scenarios.
Indeed, the ability to lawfully terminate or suspend contractual agreements, came into sharp focus during the pandemic and highlighted the importance of force majeure clauses. It was particularly pertinent in the commercial rental sector where such clauses were not common, and many business tenants were therefore obliged to keep paying the full rent without income to fund it.
The rescue of the Edinburgh Filmhouse following the administration of its previous owners in 2022, is a beacon of hope and promise for the Edinburgh arts scene, independent cinema, education and the Film Festival itself – and once again the cast included the lawyers. There really is no way of getting away from them.
The Edinburgh Festivals exist to represent and promote the arts, but they are businesses like any other and they, and the individual performers, require certainty and stability. Well-drafted contracts are important, but what separates a star performer from the rest, is an understanding of the commercial context, which ensures a pragmatic approach to best support their economic and creative goals.
Katie Corrigan is a senior legal director and head of real estate at Vialex
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