It's been a couple of weeks since the Inauguration, and much talk has centered around Beyonce' and her "performance" of the National Anthem. I have been thinking about this since it occurred, but (thankfully) I've been too busy to sit down and write until now. So before I start recording my closing arguments...
I suppose I should preface this post with a reminder that my undergraduate degree is in music, and that I performed professionally as a saxophonist before law school. I mention this because my opinion is a bit skewed due to my background. I'm a firm believer in live performances, and if I want to listen to a recording I will simply go through iTunes. I hate lip syncing and think it's ridiculous.
For those that may not know what I'm talking about, lip syncing occurs when a performer pre-records his or her songs or vocal tracks and then pretends to perform them in front of a crowd. It's probably been going on by the less talented for as long as recording and playback have been around. Since I am a trained musician, I can always spot lip syncing immediately. I assume performers do this because they are afraid of making a mistake at an important event. When I was performing, there were times when I was nervous based upon the venue, but that just forced me to practice more. Unfortunately, the practice has gained so much acceptance that even Yo-Yo Ma pre-recorded a performance because it was so cold (he plays the cello, if you don't know, and outdoor temperatures greatly affect the instrument). Every now and then a performer embarrasses herself when the words begin and they are obviously not in a position to be singing (see Ashley Simpson, a la Saturday Night Live).
But let's move on to my question: should it be illegal? While I personally cannot stand lip syncing and other forms of faux performance, I am not willing to say we should throw people in jail or probation for it. Fines? Maybe, but only if we can also fine poor taste in dress, hair cuts, and general style faux pas. Silly, but I would rather punish the lip syncing offenders in the courts of public opinion rather than actual courts of law (at least criminally).
But what about civil liability? Should we be able to sue so-called performers that lip sync? I say yes! When I buy a ticket to see a show, I expect to witness a live performance. That is, after all, what I paid for. If I wanted to listen to a recording, why not just buy the album? Is not the purchase of a ticket to a live performance not acceptance of a contract between me and the artist, whereby they agree to perform live for me? If they don't, have they not breached the contract? The big draw to watching live performance is the nuances only present at that particular show. Lyrics may change (or are forgotten), guitar solos go on forever, unique instrumentations are used, etc. It's what makes going to shows fun.
The rub is when most artists lip sync. Usually, a performer pre-records when the event is so important that a mistake could be catastrophic to their career, and maybe the event. Inaugurations, Super Bowls, late show performances, and the like are typical. Artists may get out of the contract argument above simply because these main events only feature a performance as a side-show, and few people would say that they went to the Super Bowl only to watch Justin Timberlake and Janet Jackson.
This post may be meandering, but I feel strongly about it and perhaps my emotions have kept my organization at bay. The Grateful Dead and Miles Davis never pre-recorded their performances. Sure, some days were therefore better than others, but is that not what brought their audiences closer to them? I think what really bugs me is that these performers pretend they are singing, rather than just owning up to having a recording do it. It's an attempt to deceive, and when I catch wind of someone lip syncing, I think less of them. If an artist is too nervous to perform, too out of practice, or just not very good outside the studio, then just don't perform. And if a recording is going to be played, just hit 'play.' No one needs the performance pantomimed. Ugh.
JD
John D. Duncan is president of J.D. Duncan, PC, founding partner of Prater, Duncan & Craig, LLC in Newnan, Georgia, and is Esquire by Day. You can find him at www.jdduncanlaw.com, or follow him on twitter and Facebook.
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