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Open Mic Drama...

Feb 12, 2024
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Both of my bands played at the same open mic on Monday night (R.E.M tribute and 90s/2000s cover band), and it was cool that they got to meet and both bands played pretty good sets.

At the end of the cover set the woman who'd been recording the sets for YT came up to me in a huff, saying, 'Your singer broke my camera!' She's a regular on the scene who posts little bands playing little venues on YT pretty much every day and books for one of the local venues that welcomes new acts, so not someone to be on the wrong side of. I'd actually been talking to her about an hour and a half before, sitting at the table next to the very wobbly one where she'd set up her camcorder on a tiny tripod. A mutual friend arrived and set his little plastic tripod on the table, and it wobbled so badly the camcorder started to fall, but she caught it that time. I actually said, 'You need to extend the legs on that tripod if you can or that camera is for sure going to take a dive', but she was busy talking and I guess she didn't hear me. Figured she's done this hundreds of times, and will definitely secure her gear before the place fills up.

Well, she didn't and it was the singer from my cover band whose arm brushed the table as he came offstage, causing the camera to overbalance on its little phone tripod and fall 4' from the table to the floor. It's toast, apparently, and cost her $1200 a few years back. Warranty/Damage coverage from BestBuy is expired, and she doesn't want to involve her homeowner's insurance for fear of raising her rate (likely under her deductible, anyway). I've stepped in to mediate this, as I've known her since last October or so. We emailed the next day to discuss, and she said the camcorder is definitely history, and that new ones now sell for around $900. In response I asked her what she thinks is fair in this situation, and await her reply. I fear it will be, 'replace the used, out of warranty camera I set up as a trap in a crowded bar with a brand new camera', which is a non-starter for us. I'm thinking that used, out of warranty consumer electronics are worth about 1/2 of what they cost new, and we'd be willing to assume 1/2 of the 'liability' for the accident just to keep on her good side, so planning to propose that we kick in $2-300 for a better tripod (she has a backup camcorder of the same model) and some accessories.

Think that's fair?
 
I'd wait to see what she comes back with, but I'm poised for it to not be reasonable.

Find out what that camera is selling for, in the condition it was in before it fell, today. Exact same make/model. That's the absolute ceiling it's worth - replacing like for like. Ebay, Craigslist, TalkCamcorder (maybe it's a thing), but find realistic pricing. Then maybe split that by how much responsibility you think your singer holds and how much the influencer holds.

You could always offer her everything the band made that night. It's an open mic - was it anything??
 
What is the value of the exposure your band gets from her YT videos?

That is the question I would be asking myself before thinking of giving her anything. As you well pointed out, 90% or better of the cause of the accident was her fault.

Moreover, the settlement, if any, should be between your singer and the lady.

Good luck.
Thanks for replying!

That's the thing; she is out literally every single night at the handful of venues that host new live bands, and her YT channel pretty well defines that 'scene' locally. She's been generous about letting us download and cut up her content for the other band's EPK, and is generally a big benefit to everyone looking to play out.

I kind of feel like we got into this situation as a band, and ought to try to get out of it the same way, but strictly speaking you're correct about who it's between. I'm just glad we're all pulling together in these troubling times.
 
I'd wait to see what she comes back with, but I'm poised for it to not be reasonable.

Find out what that camera is selling for, in the condition it was in before it fell, today. Exact same make/model. That's the absolute ceiling it's worth - replacing like for like. Ebay, Craigslist, TalkCamcorder (maybe it's a thing), but find realistic pricing. Then maybe split that by how much responsibility you think your singer holds and how much the influencer holds.

You could always offer her everything the band made that night. It's an open mic - was it anything??
So she replied with 'I'm about being 100% accountable' and a story about the time she dropped her friend's phone and dropped it, so she bought her a new one. Didn't come right out and say we should buy her a new camcorder, but that's the implication. I haven't been able to find a good comparable used one online, but new ones can now be had for $900, open box for $800, and 'for parts' units go for around $200.

Don't think she'd settle for paying our tab at the bar (we each spent $ to play open mic).
 
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Did the band hire her to be there, or was she just at a public bar and happened to be filming? If the latter, I would not be inclined to offer any compensation. If you show up of your own free will, place a camcorder on a stand on a wobbly table in a room with enough people that the table might be bumped or brushed up against and it takes a spill, that's your own fault. If the singer did it intentionally and/or maliciously that's a different story, but from your account this doesn't appear to be that.
 
So she replied with 'I'm about being 100% accountable' and a story about the time she dropped her friend's phone and dropped it, so she bought her a new one. Didn't come right out and say we should buy her a new camcorder, but that's the implication. I haven't been able to find a good comparable used one online, but new ones can now be had for $900, open box for $800, and 'for parts' units go for around $200.

Don't think she'd settle for paying our tab at the bar (we each spent $ to play open mic).
So, she brings an expensive piece of equiment to a crowded bar, doesn't bother to secure it properly and keep it out of harms way, and then talks about 100% accountability. She knows she has power over the local bands, so is passively extorting you to remedy her negligence. People like this suck.
 
Did the band hire her to be there, or was she just at a public bar and happened to be filming? If the latter, I would not be inclined to offer any compensation. If you show up of your own free will, place a camcorder on a stand on a wobbly table in a room with enough people that the table might be bumped or brushed up against and it takes a spill, that's your own fault. If the singer did it intentionally and/or maliciously that's a different story, but from your account this doesn't appear to be that.
Totally agree, but we've got extenuating circumstances like her being friendly with the owners of every venue we're likely to want to play and also being an important promoter of new local bands.
 
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So, she brings an expensive piece of equiment to a crowded bar, doesn't bother to secure it properly and keep it out of harms way, and then talks about 100 accountability. She knows she has power over the local bands, so is passively extorting you to remedy her negligence. People like this suck.
As I told the band, she's 'emotionally dynamic, but generally a benefit to us and others in the scene', so we're doing what we can within reason to get past this.
 
She is responsible for the damage. You owe her nothing. I think the damage is a result of her own carelessness. I have hauled numerous cameras to gigs we do sound for and always set them up with the thought that a careless audience member may knock one over. I always stay close to the most expensive camera, and guard it by my proximity. I take my chances taking multiple cameras out to a place where people are drinking alcohol and not paying attention to their surroundings and their movements through that environment. I would not be happy if a drunk person damaged one of my cameras, but I am bringing my equipment into a space like that at my own risk.
 
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Totally agree, but we've got extenuating circumstances like her being friendly with the owners of every venue we're likely to want to play and also being an important promoter of new local bands.
You should be able to get gigs on your own merit. Venue owners may already know that she is a flake. Have confidence in your own abilities. Don't worry about it. Direct her to this thread to give her an education in reality.
 
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Totally agree, but we've got extenuating circumstances like her being friendly with the owners of every venue we're likely to want to play and also being an important promoter of new local bands.
Honest question, not trying to sound snarky: I don't know where you're located, but is your scene so small that one unsolicited camera operator has a stranglehold on all of the gigs?
 
I'd say it's 99.9% her lack of care for her own equipment (not least with regards for public liability insurance - it was clearly an obstruction, that could have caused an accident / injury, which would have not made her popular with the venue manager).


If she's that valuable an asset to the local music community, why not rally that community on social media, and start a gofundme to raise enough to buy a decent replacement camera, and a professional grade tripod?
 
Honest question, not trying to sound snarky: I don't know where you're located, but is your scene so small that one unsolicited camera operator has a stranglehold on all of the gigs?
We're in the 'burbs of DC. Not saying she's, like, the Sea Hag handing out gigs with one tentacle and using the other to banish players to the abyss, but, again, she's good to know and broadly speaking a big benefit to the scene.
 

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