I've run into this before. There are a few strategies. When it gets like this, there aren't a lot of really nice ways out of it. I hate being heavy-handed, but methods like these can work. You need to put pressure on the venue owners and the monopolizer to leave some space in the market for you. Believe me, I don't like being coercive, but sometimes, when people get out of hand, and all other nice methods have failed, you have to be firmer and more punitive to get them to listen.
I would start out nice. Promote one of her events to your following. Make sure she attends her own shows (!) and when at the event, approach her and indicate you brought X tables of people from your own following. You would like to get in rotation with the other groups, and will do promotion like the kind you did that evening. Try to make friends with the enemy and be an ally.
If she gives a non-committal answer, you
strongly suggest she puts you into rotation with the other bands. You had these venues at one time, and you would like to see some deference for the fact you are a successful local band who once had these venues -- sure she can book exclusively in a few, but ALL OF THEM? Is this politically wise or ethical? What if these local band members retaliate in some way? People generally don't like monopolies.
Now, she may ignore you -- that is understood, but your professional appeal is actually a kind of warning to her for what comes next. If you're like me, it also makes me feel better that I tried to be nice and gave the person a preview (say, warning) if they don't play ball -- particularly when she's being greedy in tying up the ENTIRE town, shutting out good local bands permanently. Sheesh!
If moral suasion fails, you need to decide how far down this next path you want to go. Remember, if she's done this in your local town, what is stopping her from going after your out of town business next??? So, decide how much effort you want to put into this, and how coercive you are willing to be.
So, here goes -- no more Mr. Nice Guy.
First, check if there are any licensing requirements for booking agencies (also known as talent agencies) in your state. in my state, wee have the department of professional business regulation, and they regulate and discipline people who run talent/booking agencies without a license. A lot of it goes unreported and undetected, based on what I have heard. But you can always count on the government to follow up when someone breaks a big rule. In my town, most musicians don't even know about these regulations, and she might not know about them either, if they exist in your state.
Check to see if you have it in your state. When you talk to this monopolizer, ask her if she has a professional license if required. She probably won't tell you if she doesn't in which case you advise her of the penalties of operating without a license. In my state, I think there are criminal consequences, if the old rules still apply.
Talent Agencies – FAQs – MyFloridaLicense.com
Then share how it's happened where people who have formed monopolies put themselves at risk of being reported to the state business regulation department by the people shut out of the market. And that she should seriously consider the consequences of her monopoly and allow some space for your band. You certainly wouldn't like to see that happen to her, but you've heard people talking about starting to report these agents that sew up all local venues and shut out all the bands. You think the solution is to allow some space in your local town for other bands. See if that convinces here to open up.
She could respond by getting a license, but it means posting a bond, administration hassle, reporting, and all the admin hassle that comes with working with government.
Two, put pressure on the club owner. Encourage band members to hold birthday parties and other things there provided the venue owner hires the band. If the guy refuses due to his relationship with the monopolizer, then indicate you'll be taking your business elsewhere. Do it regularly. in fact, contact other bands and have them do the same. Some will ignore you because they don't have a sense of what you are trying to do, but the wider you can cast your net, the better. I once booked a big crowd at a place and then cancelled, telling the owner that I heard he wasn't participating in a business interest I had. This makes them see the consequences of not playing ball.
Three you go to the venues she has sewn up and indicate you are a local band, and would like to see him support local bands as a good community corporate citizen. To shut out so many local bands by this booking agent is not good for the town, or the venue's reputation.
Offer him a deal he can't refuse so he starts working with you. It may mean even doing it for free for a while. I know this is a touchy topic -- I'm the last guy who wants to work for free, but breaking monopolies takes sacrifice, unfortunately. You have to suffer now for the longer term good. Make it a condition that the venue owners doesn't share your discounting with her though. Leave her guessing how you convinced the guy.
It'll wake up the monopolizer that you're aggressive about getting back the marketspace unless she voluntarily makes space for you. Someone did that to me once when I horned in on an important disc jockey services client and I stopped going after that firm's clients.
Four, if she's peed in the pool anyway, and won't change her behavior after all the nicer methods, I'd ask her if she has verified the venue owners have a BMI license, and that the music in the various catalogs (BMI/ASCAP) has been licensed to the venue owner?
I she aware that often, disgruntled bands shut out of ALL venues in their local market with nothing to lose anymore will call these artists' rights groups about unlicensed public performance? Let her know of the fees and fines that venue owners have to pay that essentially, makes live music infeasible. Most places in my experience won't pay the licensing fees unless they are really successful places. And it destroys live music at that venue, as well as her business there. If she doesn't play ball, do it to one venue just to make an example of what you are going to do to the other venues. If you report the venue, BMI will send out one of their reps. In our town, they pay them $150 to get the set list of the band, and then next thing you know the venue owner gets a nastygram from BMI with a fee schedule and a threat to stop doing it unless they pay. Share this with your stubborn monopolizer.
If she won't play ball, go to the venue owner with the story, but do him or her last since you don't want to tick him off. Better yet, get a friend unconnected with the band to do it so you're not involved.
If neither will play ball, report them to BMI and ASCAP. Report her to the department of professional business regulation if an option in your state, and let her learn a lesson -- don't go into a town and sew up every single venue or the local competitors will nail her to the wall.
If BMI sends out their team, I would then consider going to the venue an
original music offer, if you have it. Provided the guy doesn't know you made the report to BMI, he might hire you. There are no fees due and BMI/ASCAP can't do anything if the music is original. You are the copyright owner. Make the place a spot for original music. I know it doesn't pay well, but it'll send a message for this monopolizer to be more respectful of the market space for other bands.
I got 10 bookings at a place due to the original music angle after an owner got BMI'd. I didn't report him, but someone else did, or BMI saw our live music marketing. But it made BMi go away and I hold events there semiannually now.
And if the venue owner can only do original music after you put the poison pill in live, cover band music in his venue, maybe he'll start paying for it!
Again, I don't like being coercive, but when people are greedy and disrespectful like this, I consider these kinds of tactics. I think it's important to be reasonable at first, to give them a chance to have a mutually satisfying deal first, and to use the less coercive measures first. For the sake of your personal self-respect and personal character. But when there is greed and stubbornness I consider these techniques as a last resort. Sometimes you have to be tough as nails. No one likes monopolies....
