Pete Davidson tourIng

[stannc]

I’ve seen the Yondr pouch requirement in the past but I’ve never had to sign an NDA and promise to not discuss the show on social media.

This is the disclaimer that is at the bottom of the email offer that I received for Pete’s upcoming shows in Charlotte:

** VERY IMPORTANT **
In order to enter the show you will be required to sign a
nondisclosure agreement stating you will not discuss details
of the show on Social Media
No cellphones, cameras or recording devices will be allowed at Pete Davidson’s show. Upon arrival, all phones and smart watches will be secured in Yondr pouches that will be unlocked at the end of the show. Guests maintain possession of their phones throughout the night, and if needed, may access their phones at designated Yondr unlocking stations in the lobby. All guests are encouraged to print their tickets in advance to ensure a smooth entry process. Anyone caught with a cellphone in the venue will be immediately ejected. We appreciate your cooperation in creating a phone-free viewing experience.”

[Kevin M.]

Is the internet really clamoring for Pete Davidson bootlegged content? Because if I get a vote, I’d be content to never hear from or even about him again.  

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Kevin M. (RPCV)

[chi...@nc.rr.com]

My guess is that there's an inherent risk that he says something he couldn't, wouldn't, or shouldn't say in front of polite company and/or his mother that could torpedo his career if it got out. It's more brand protection than it is actual piracy concerns.

~D

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[Tom Wolper]

On Fri, Oct 11, 2019 at 12:46 PM <chi...@nc.rr.com> wrote:

My guess is that there's an inherent risk that he says something he couldn't, wouldn't, or shouldn't say in front of polite company and/or his mother that could torpedo his career if it got out. It's more brand protection than it is actual piracy concerns.

It could come from the promoter or his management and could be standard for all of their acts. Comics say that the problem with cell phone video is that they are sometimes workshopping material that they know needs fine tuning and they don't want the failures going around. I also think that form of NDA is unenforceable.

[stannc]

As a comparison, I attended Patton Oswalt’s show that he taped here in Charlotte last month for Netflix.
While there were the standard “no cameras/recordings” signs and the additional “your likeness may be used signs”, the audience was trusted to be on its best behavior. And there were no NDA agreements in sight.

-Stan

[Kevin M.]

And I’ve been to comedy clubs a few times the past couple of years. A video plays at the start of the evening asking people to put their phones away. But there’s no enforcement that I ever saw. In fact one of the times I went to the Comedy Store to see a comic I knew and he asked me if I’d record his set for him. 

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Kevin M. (RPCV)

[David Bruggeman]

I saw Craig Ferguson on Wednesday night in a small city near DC.  His request at the beginning of the show was more focused on posting about the show online.  This was in addition to a PA announcement about no photography or video.  FWIW, I don't think he's preparing material for a special, but he didn't 100 percent rule it out.

I was in the audience for one of his specials, taped in 2012 and aired on EPIX.  Nothing special beyond the standard signs Stan mentions below.

David

[PGage]

I saw Chris Rock a year or so ago in Oakland. He had the gizmos that they made you put your phones in, and a lot of written and oral reminders about no recording of any kind, but no NDA (which I also do not believe is enforceable). I did see several people who had smuggled in phones taking pictures pretty openly, and nothing bad happened to them.

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[Adam Bowie]

Like most, I've never heard of anyone signing an NDA to see any kind of entertainment.

When I used to get to see the odd preview movie screening via work, they would occasionally take our phones from us for the screening, or get us to sign something to say that we'd basically not make public comment on the film until a certain date (which I think continues to be fairly standard practice). But that's a work environment, and so is broadly acceptable. I suspect they make you do similar if you're invited to a test screening.

In a consumer environment, where I'm paying, this is ridiculous. I wouldn't buy a ticket if I couldn't say what I wanted. I've no problem with clamping down on cellphone use, using either those pouches, stern warnings or whatever. But signing a [potentially] legally enforceable document to get in a venue? No thanks.

In fact I'd be much more inclined to widely share whatever took place as a consequence. And it's never a good look suing your own fans. 

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[Tom Wolper]

On Mon, Oct 14, 2019 at 8:58 AM Adam Bowie <ad...@adambowie.co.uk> wrote:

Like most, I've never heard of anyone signing an NDA to see any kind of entertainment.

When I used to get to see the odd preview movie screening via work, they would occasionally take our phones from us for the screening, or get us to sign something to say that we'd basically not make public comment on the film until a certain date (which I think continues to be fairly standard practice). But that's a work environment, and so is broadly acceptable. I suspect they make you do similar if you're invited to a test screening.

In a consumer environment, where I'm paying, this is ridiculous. I wouldn't buy a ticket if I couldn't say what I wanted. I've no problem with clamping down on cellphone use, using either those pouches, stern warnings or whatever. But signing a [potentially] legally enforceable document to get in a venue? No thanks.

In fact I'd be much more inclined to widely share whatever took place as a consequence. And it's never a good look suing your own fans.

The reason I say an NDA is unenforceable is that the ticket buyer does not sign one. The contract between the buyer and the performer is the buyer gives money and the performer gives permission to enter. Then the performer adds an unagreed to clause suppressing speech. If an NDA was on the tickets page of the website and you had to agree to those terms before you could buy a ticket it would be a different matter. And one that would keep me from buying a ticket.

Professional media has an embargo. If a media person wants to interview a writer, the publisher might ask for an embargo, meaning that the interview won't be published until the book is out. If the media outlet breaks the embargo the enforcement is simple - the publisher cuts out that outlet from future participation.

[Mark Jeffries]

My experience with YONDRs is the occasional extra work I do.  Earlier this year I did the forthcoming Amazon series "Utopia" (starring No. 1 Bernie Bro John Cusack and Dwight Schrute) and they had us put our phones in the YONDRs while we were on the clock--and the producers and casting people do emphasize that they don't want the extras revealing ANYTHING.  Looks like YONDRs are becoming more common--yesterday one of the casting agencies had an update session and toy drive at the Cinespace studios on the near South Side in Chicago next to the lunchroom for "Empire" and the extras were having the YONDRs opened up for lunch so they could look at their phones.  

Also, a recent E-mail from the people who cast extras for "Chicago PD" reminded us that we are not to put in check-ins on FB for any location other than Cinespace.  Dick Wolf's people consider the locations by themselves as privileged information, even if it doesn't really reveal any plot points.

Mark Jeffries
Saints Spotlight Editor
spotl...@gmail.com

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[Adam Bowie]

Side note: the original Channel 4 version of Utopia was one of my favourite series of recent years. Visually stunning and with a superb soundtrack. I can only hope that the Amazon series gets close to be as good...

Adam

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[Bob Jersey]

stannc, Oct 11th:

Variety has jumped in on this, weeks later... violators, per one fan, are on the hook for... wait for it... $1mil.

https://variety.com/2019/tv/news/pete-davidson-nda-sign-snl-saturday-night-live-dave-chappelle-1203420180/ (link)

B

[Bob Jersey]

Moi, to stannc, Monday (12/02):

An L.A. attorney interviewed by Variety said the contract is enforceable, but doubted that any court would follow through...

https://variety.com/2019/biz/news/pete-davidson-nda-breaches-1203421123/ (link)

B

[Tom Wolper]

On Tue, Dec 3, 2019 at 3:41 PM 'Bob Jersey' via TVorNotTV <tvor...@googlegroups.com> wrote:

Moi, to stannc, Monday (12/02):

An L.A. attorney interviewed by Variety said the contract is enforceable, but doubted that any court would follow through...

https://variety.com/2019/biz/news/pete-davidson-nda-breaches-1203421123/ (link)

While I get the intention behind the move this seems like a disastrous way to go about it. I've seen enough sporting events over the years to know that there is a legal agreement on the back of a printed ticket saying just what the attendee agrees to in order to limit the liability of the team. In this case a person buys a ticket to see a show and at some point between the front door of the venue and their seat they are handed an extensive legal form to sign. There's no way a person can know which rights they are signing away.

Performers rely on word of mouth to sell tickets. If people feel intimidated about talking about the show that means unsold tickets. And if some attendee actually gets an intent to sue letter from Davidson's attorney (and I'm guessing the people going to see Pete Davidson aren't in the 1%) and the person shares that letter, it would be catastrophic for Davidson's reputation regardless if it ever goes before a judge.