“Wanna try out my fuzzy pink handcuffs?” Sabrina Carpenter sings in her song “Juno.” This lyric has inspired an impromptu moment of fan engagement during Sabrina Carpenter’s Short n’ Sweet tour where she hands out fuzzy pink handcuffs to someone in the venue’s pit for being “too hot.” How exactly impromptu is this seemingly spontaneous moment, and are there any legal risks of liability artists should consider when planning fan engagement experiences during their concerts?
In recent concerts, there has been a trend of an event that repeats every show, creating an expectation for fans, but the event changes slightly for each show, which creates anticipation and a feeling that the artist personalized the action for those specific fans. These moments also keep the concert trending on social media as a new moment for fans to view and a unique moment that fans not in attendance can only watch recorded. Taylor Swift’s The Eras Tour included a surprise song or mash-up of songs for each show, which had fans theorize, anticipate, and even manifest songs. Then, fans not in attendance watched the unique moment after the concert which typically instantly appeared on their TikTok feed because of the algorithm.
While Sabrina Carpenter plays a surprise song during the Short n’ Sweet tour and used to customize an outro for her song “Nonsense,” the fuzzy pink handcuffs moment is slightly different because it engages with a “fan,” which leaves fans a) wanting pit tickets or VIP and b) wondering if it could be them selected. Importantly, there is an element of uncontrollability of the moment. How do you control what a fan says or does when on the concert screens? This is like the Sweat tour where Charli XCX features a “fan” performing the viral Apple dance on the concert screens.
This uncontrollability leads to many “what ifs.” What if someone does something offensive like nudity and gestures or says something hateful? What if someone does something violent with the object given? What if someone handcuffs themselves to another person, or a minor? What if they leave the concert and do something unlawful with the handcuffs or inappropriate online? What if the person chosen has a negative image? While these seem far-fetched, the risk for issues do occur. Recently, a child thought Sabrina Carpenter was addressing her during the fuzzy pink handcuff moment, and Sabrina Carpenter had to change the moment to say the child was “too cute” and that her stage costume fell off because she was overwhelmed. In addition, there have been a couple of moments during the Apple dance event where random fans physically push the selected individual.
Liability for these situations is not straightforward and the strategy in anticipation of these events is not readily available online. At a really simplified level, there could be three potential parties at risk for liability: the artist (and their corporation if they have one), the concert promoter, and the venue. Actions outside of the concert could possibly be too remote for liability. Further, contracts could reduce liability for actions within the event and minimized through the use of security and planned reduction of risk. This could be why these “fans” seemingly selected tend to more often be people the artist or the artist’s team knows. For instance, Sabrina Carpenter chose an influencer for the Toronto show who took over Team Sabrina’s social media before the concert and the inventor of the Apple dance who Charli XCX selected for the NYC show. Whether these moments are planned is not confirmed.
When analyzing the potential risks for fan engagement moments during concerts, there is a dual analysis of legal risks and reputational risks because celebrities have a valuable image. There is a balancing of the artist’s image for their album (which has come to encompass an era with distinct aesthetics, attitude, and wardrobe) and their public reputation while also considering the creation of viral moments online and fan enjoyment. These concerns can change depending on the artist’s actual audience and target audience. For example, there might be heightened concerns when the audience is primarily children. While risk is risk, there is a hidden risk of creating artistry that seems lifeless, without personality, and too industry planted.