Questions raised over whether CFCC performance contracts are public

WILMINGTON, NC (WWAY) — North Carolina state law makes clear that most records on how public entities spend money must be available to the public. But there are questions about whether that applies to performers, including those booked to perform at Cape Fear Community College’s new Humanities and Performing Arts Center.

Singer and actress Liza Minnelli is slated to headline the center’s gala opening in October, but requests for information about how much the school will spend on her and other performances from WWAY and other media outlets have so far gone unfulfilled.

CFCC spokesman David Hardin says while the dates for the performances have been booked and confirmed in binding agreements, the final contracts, including technical details, between the college and the agencies representing the performers are still being finalized.

Hardin says the agencies say their terms and negotiations are confidential, and any release of that information would breach the agreements in place.

State law provides for few exceptions to public record laws. Among them are trade secrets, which are defined by statute as “business or technical information, including but not limited to a formula, pattern, program, device, compilation of information, method, technique, or process that: a.         Derives independent actual or potential commercial value from not being generally known or readily ascertainable through independent development or reverse engineering by persons who can obtain economic value from its disclosure or use; and b. Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”

The terms of an artist’s agreement to perform could fall under such a definition because of variables in what the performer may charge, including venue and type of performance. Sources who have dealt with such contracts tell WWAY such agreements typically include not just a fee for the performance, but also riders for other benefits, including things like travel, lodging and catering, that add to the cost. An industry source says Minnelli typically fetches about $100,000 per show.

Minnelli is scheduled to open the Humanities and Fine Arts Center October 3 when she performs with the NC Symphony. Tickets for her show and several others for the center went on sale Monday.

 Recent graduate Casey Deacon said the event could be free or it should at least be cheaper than $225 plus fees.

“I think it could be free,” Deacon said. “I understand they have to charge money for the new building, but I think they could definitely make it more accessible to the public.”