Decryption | When artists are kept waiting

Last week, Nicki Minaj arrived at the Bell Center more than three hours late. In January, Madonna also took the stage at the Montreal amphitheater nearly an hour and a half late. Rapper Travis Scott did the same thing a few years ago, and only offered a 40-minute performance… How far can artists take advantage of the patience of their fans and when can the delay on stage begin? does it become unacceptable?




The case of Nicki Minaj, who visited Montreal on April 17, is quite extreme. At 11 p.m. that evening, she was still not on stage at the Bell Center. She took the time to explain on the X network that she had problems with her private flight, which took place the same evening as the show. Checks at Canadian customs also apparently contributed to its delay. Nicki Minaj finally took the stage at 11:20 p.m. Her show ended around 1 a.m., after the subway closed…

PHOTO TAKEN FROM NICKI MINAJ’S FACEBOOK PAGE

Nicki Minaj’s show at the Bell Center on April 17, which started three hours late.

Laurent Saulnier, who directed the programming of the Francos de Montréal and the Montreal International Jazz Festival for more than 20 years, agrees that in the case of Nicki Minaj, the artist did not give himself much “slack.” The fact remains that according to him, a case like this is exceptional.

About 99% of artists keep their performance on time, meaning they take the stage at or shortly after the scheduled time. For me, 15 or 30 minutes later is not a delay. But when we’re talking about two or three hours, it’s certainly annoying for the spectators, I understand, but it’s very rare.

Laurent Saulnier, former programmer of the Francos and the Montreal International Jazz Festival

During all his years as a programmer, he has of course deplored a few incidents, but really very few, he tells us. The artist most famous for her lateness? Lauryn Hill. In 2011, the American rapper took the stage at MTelus at half past midnight, three and a half hours after the scheduled performance time.

PHOTO CHAD BATKA, THE NEW YORK TIMES ARCHIVES

Singer-songwriter and rapper Lauryn Hill is notorious for being late.

“At one point, everyone knew that if we wanted to see Lauryn Hill, we had to arrive later… On the other hand, for our outdoor shows, no delay was tolerated and this practically never happened,” Laurent tells us. Saulnier, because if an artist arrived late, he played for less time or not at all, it was as simple as that. »

Travis Scott’s 40 Minutes of Fame

PHOTO ANDRÉ PICHETTE, LA PRESSE ARCHIVES

Travis Scott at the Bell Center in 2019, who came to forget his short performance the previous year at Osheaga

In the summer of 2018, rapper Travis Scott angered his fans with his shortened performance at the Osheaga festival. He had played less than 40 minutes due to being late on stage. The American artist who was expected at 9:45 p.m. blamed Canadian customs, but he left the United States the same evening as his show…

A student had filed a request for authorization to take collective action against evenko, the festival organizer. A request rejected in June 2019 by the Superior Court, in particular because the young woman had left the premises at 10:30 p.m. while the organizers had announced the arrival of the rapper for 11 p.m.…

PHOTO BERNARD BRAULT, LA PRESSE ARCHIVES

Spectators waiting for the Travis Scott show, during the Osheaga festival, in the summer of 2018

A question remains: is there a maximum tolerated delay in the contract between the artist and the promoter?

“No,” replies Laurent Saulnier. There’s one hour of performance, one showtime, that’s it. With us, there was no penalty provided for in the contracts for artists who arrive late. If they didn’t show up, however, they didn’t get paid. But we were planning ahead. We preferred paying for an extra night in a hotel rather than seeing a flight itinerary with an arrival at 4 p.m. for a show that started at 8 p.m….”

Madonna, the queen… of delay

PHOTO THE NEW YORK TIMES, THE NEW YORK TIMES

Madonna at the Barclays Center in Brooklyn on December 13, 2023, where she arrived on stage more than two hours late.

Last January, Madonna was also kept waiting at the Bell Center. The Madonna went on stage at 9:50 p.m., almost an hour and a half after the scheduled start of her performance. A few weeks earlier, in Washington and Brooklyn, she showed up more than two hours late. “I’m sorry I’m late… No, I’m not sorry, that’s what I am… I’m always late,” she offered by way of explanation.

Three of his admirers also filed a request for class action last week in the federal court of the District of Columbia against the promoter of the show presented in Washington, Live Nation – owner of evenko, which did not respond to our questions for this report – but also against the artist. The plaintiffs say they were “deceived” about the start time of the show.

For Arnaud Granata, president of the Infopresse group, this is an isolated case. “If we talk about Madonna’s case in the media, it’s because there are lawsuits. But what are we talking about, three fans? How many tens of thousands of spectators have had to endure these delays and who have not complained? »

I think it all depends on what you end up with. If we remember that we have seen a remarkable show, which will make us forget the wait, it will never be harmful for the artist. And we can confirm that when the artist returns. Will tickets sell as well for Madonna or Nicki Minaj next time? My answer is yes.

Arnaud Granata, president of Infopresse

The communications and marketing specialist agrees that not all artists can “afford” these delays. “We’re talking about a handful of superstars who create a stir by arriving late, even if it’s not always desired, as in the case of Nicki Minaj. People also experience it as an experience. In Madonna’s case, it’s almost part of her brand. »

PHOTO TAKEN FROM THE ARTIST’S FACEBOOK PAGE

Nicki Minaj in Toronto, the day after her visit to Montreal

Legal remedies

When we have paid $300 for a ticket, we are of course more inclined to wait before the arrival of our favorite artist, but is there a moment when the spectator can leave the premises and demand a refund? Does he have legal recourse? Pierre-Claude Lafond, professor of law at the University of Montreal, brings us back to the flat reality of things.

Beyond the frustration that we may feel, what is the damage suffered by members of the public? This is the question that interests the court. If a spectator had to return by taxi because the metro was no longer there, we can talk about damage, but it is minimal. Are you going to spend $114 to go to small claims and claim $50?

Pierre-Claude Lafond, law professor

Class actions are another possible avenue, but once again, it is necessary to prove damage suffered.

In the case of the shortened Travis Scott concert, according to this consumer law specialist, there was still grounds for action against the promoter “because the spectators were deprived of a large part of the show for which they had paid money”, but when an artist arrives late, even very late, “we do not prevent the spectator from seeing the show”, he specifies.

We can always plead “false representation”, adds Pierre-Claude Lafond. “If the show is announced at 8 p.m. or 9 p.m. and it starts at 11 p.m., there is a presumption of damage, we could plead that, but the fact remains that it is very difficult to define what is a reasonable waiting time. The court will tell you that delays are part of the risks associated with this type of event. »

According to M.e Lafond, no artist would agree to sign a contract which would regulate the time of the performance or which would provide for a penalty in the event of delay. “One might wonder what the promoter can do. But I doubt he will do anything except exclude himself from all responsibility. He will rather want to satisfy the conditions of the artist than to be interested in the consumer. »

This is the price to pay for spending an evening in the company of superstars: you have to be patient, because in this matter, they enjoy almost absolute immunity.


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