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Deadly Performance is Deadly!
At 20th level the average Bard will have a +23 perform (X) +2 Skill Focus (perform X) +2 Masterwork Instrument +5 Ability Bonus = 32. Rolling an average 10.5 gives a DC of 42 to save or die.
Even a Great Wyrm Red Dragon with his staggering Will Save of +30 is killed on an average of 55%(SR does not help, Deadly Performance is SU).
Or do i overlook something?
Furthermore the Description of Deadly Performance does not state which type of effect is used.
Is it a Fear effect?
Yes, deadly performance is... deadly. Thankfully the bard can only do it 20 times per day. :)
As for the second part of your question, it should probably be elaborated. But if I had to guess, I would say it is a sonic, death effect.
At any rate, I would say any time the party goes up against a great wyrm red dragon, the creature is going to be well-informed of the party's abilities and have some contingency plan to protect itself against such things. Even a party of 20th level characters doesn't catch a dragon of such age and experience by surprise.
It might be a good idea to restrict the DC to 20 + bard's Charisma modifier though. The ability would still be useful against minion monsters, but not bosses.
The best ways to nerf it are probably
1. Give it a static DC rather than one determined by a skill check.
2. If you're eliminating save-or-die effects from the game, be consistent and turn deadly performance into a high-damage effect.
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My suggestion would be the following:
Deadly Performance (Sp): Once per day a bard of 20th level or higher with 20 or more ranks in a Perform skill can use his performance to kill enemies through joy or sorrow. The effects of this ability duplicate Wail of the Banshee except as noted below. The range of the ability is 30ft and the creatures must be able to see or hear the bard to be affected depending on the type of performance used. The area affected is a 30-ft.-radius spread centered
on the bard. The Bard inflicts damage equal to his perform check times 5. If a creature’s saving throw succeeds, the target is stunned for
1d4 rounds and the bard cannot use deadly performance on that creature again for 24 hours. A bard can use this bardic performance ability utilizing any type of Perform.
- Using this ability removes the save or die component and creates a fixed DC that is on par with that of a Wizard or Sorcerer of the same level.
- With an average perform check of 42 the damage done is 210hp which is more than a Sorcerer or Wizard does but the range is only 30ft and centered on the Bard. And enemies have to see or hear the Bard.
- The Stun effect seems to make this ability better than the Spell but the Bard can only use it once per day. And Creatures who made the save can not be affected for another 24hours.
I think that solves the Deadly Performance problem quite well!
Jason has admitted that DCs based on skill checks are a bad idea (since it's easy to get a +10 bonus on a skill check and it should be extremely hard to get a +10 bonus on spell DCs, for instance). No doubt it will get changed to something more tractable Real Soon Now.