“When contacted by VICE, representatives for the seven festivals that dropped DaBaby did not respond to a request for comment. Neither did a representative for DaBaby. Without information from those directly involved, it’s impossible to say exactly what DaBaby may have received in deposits from each festival. And there’s also a chance he won’t retain those deposits at all, according to Tim Epstein, an entertainment attorney who represents a number of prominent music festivals, including Pitchfork Music Festival and Riot Fest.
At this stage, Epstein said, DaBaby’s agent is likely negotiating with festival promoters about how to move forward. In a situation like this, even if an artist’s contract stipulates that they’re entitled to 10 percent of their guarantee, what they walk away with will probably come down to an agreement between their agent and festival promoters.
“These are going to be behind-the-scenes negotiations,” Epstein said of DaBaby’s situation. “He may have gotten the full guarantee from Lolla. He may have gotten zero. You're never going to find out, unless there's a lawsuit and stuff gets disclosed.”
While it might seem wrong that an artist could still get paid after doing something upsetting enough to get them kicked off a lineup, it’s worth noting that musicians’ contracts do occasionally include a so-called “morality clause.” These clauses, Epstein said, govern what happens if they exhibit “morally dubious conduct” ahead of an appearance. If an artist does something controversial or illegal, a morality clause protects the entity who hired them, entitling that entity to some kind of recourse, like terminating their contract or claiming a refund."