FEAT defines new lobbying priorities at 2023 Annual General Meeting in Barcelona

FEAT held its annual general meeting in Barcelona on Thursday 19th October. 

Discussions about lobbying priorities for the coming year focused on the role of online search advertising in supporting predatory ticket resale. It’s estimated that Google is responsible for driving two thirds of traffic to Viagogo.

The EU’s Digital Services Act (DSA) brought in tough new measures from August requiring large search engines to clamp down on illegal product listings. These include working with risk-affected parties to carry out assessments of ‘systemic risks’ relating to illegal content.

FEAT members agreed that by failing to properly consider the continued prevalence of illegal ticket resale advertising, large search engines may already be in breach of their new  responsibilities. 

FEAT is also looking to adjust ticket T&Cs to enable event organisers to de-list resale ticket listings more aggressively via the Digital Services Act’s notice and action mechanisms once the regulation comes into force more widely in the New Year. 

The AGM also saw FEAT plan the next phase of its consumer awareness campaign Make Tickets Fair!. Working with live event professionals, this will feed messaging into official announcements from artists, festivals and venues to help fans buy tickets safely.

FEAT welcomed new member Kiki Ressler, Managing Director of KKT, a significant booking and touring company in Germany, representing 64 artists including Die Toten Hosen and Die Ärzte.

FEAT founding director and founder & CEO of Doctor Music Neo Sala, who hosted this year’s AGM, said: “With new Europe-wide regulations coming into effect for predatory resale platforms in the New Year, we united at a critical moment. During the meeting we agreed exciting plans to use the DSA to get illegal ticket resale listings taken down, as well as ramp up the “Make Tickets Fair!” campaign to help educate music fans on safe ticketing.”

Cross-industry group unveils “Make Tickets Fair!” — Europe’s first ticket resale awareness campaign

An alliance of live industry organisations and professionals from across Europe has revealed details of ‘Make Tickets Fair!’ — a campaign aimed at educating and empowering live entertainment fans to avoid being ripped off by unscrupulous ticket resellers.

A new industry-facing website has launched, with the goal of getting more agents, promoters, venues and indeed artists, involved ahead of consumer launch. The site provides free resources and advice for event organisers to direct fans to safe, official channels to buy resale tickets. It also offers a clear overview of ticket resale laws country by country. All these resources are available in English and Spanish, with Dutch and German to follow.

Further details will be revealed at Eurosonic, at a panel taking place tomorrow moderated by FEAT director Sam Shemtob. Speakers include Henk Schuit (Managing Director, Eventim Nederland), Jules de Lattre (Senior Music Agent, United Talent Agency) and Silke Lalvani (Head of Public Affairs, Pearle* – Live Performance Europe).

Conceived at ILMC, the campaign has been devised by a cross-industry working group and coordinated by FEAT over several months. The group comprises a wide range of individuals and organisations including UTA’s Jules de Lattre and One Fiinix Live’s Jon Ollier, as well as organisations including German live entertainment association BDKV, the European Music Managers Alliance, European Arenas Association, FanFair Alliance, Swiss consumer association FRC, Pearle* – Live Performance Europe, PRODISS, the Sports Rights Owners Coalition and Victim of Viagogo.

With an international consumer roll-out to follow, tomorrow’s Eurosonic panel will drive home the need to join together across the sector to educate ticket buyers on safe ticketing and help stem ticket resale abuses – ranging from huge, uncapped prices, to the selling of invalid tickets, and a lack of transparency for ticket buyers. 

Jules de Lattre, Senior Music Agent at UTA, said, “It’s vital that this campaign is successful, and that means becoming front-of-mind with agents, managers and promoters when they are planning shows – so safe resale information goes out with all communications, including on ticket pages.”

Mark Lichtenhein, Chairman of the Sports Rights Owners Coalition (SROC), said, “The majority of major sporting events typically experience demand for tickets far exceeding the physical capacity of the venue, leading to illegitimate offers in secondary markets. It is therefore essential that fans are equipped with all the relevant, correct information before making any ticketing purchases”. 

Johannes Ulbricht of BDKV said, “FEATs fight against secondary ticketing is appreciated and supported by German Live Entertainment Association BDKV”.

Silke Lalvani, Head of Public Affairs at Pearle* – Live Performance Europe, said, “We are delighted to be part of the campaign Make Tickets Fair! to bring awareness to all audiences about how and where to safely buy their event tickets. It is crucial that the live performance sector as a whole collaborates on stopping illegal ticket resale to make sure that fans have a great experience at live shows and other events.” 

Neo Sala, FEAT Director and Founder & CEO of Doctor Music, said, “The current ticket resale market is, frankly, broken and the time for the industry to come together and act is long overdue. As the first Europe-wide campaign of its kind, Make Tickets Fair! has huge potential to help fans and rebuild trust in live music. To achieve this, cross-industry collaboration is essential, and we look forward to getting as many members of the live business on board as possible.”

Artists, promoters and other live industry professionals can learn more and get involved at maketicketsfair.org.

Follow the campaign on Twitter at @MakeTicketsFair and Instagram at @maketicketsfair.

FEAT unveils consumer initiative at 2022 general meeting in Barcelona

On Thursday 20th October, FEAT met at Alkimia in Barcelona for its first in-person general meeting since the pandemic.

The meeting saw members agree to continue campaigning for a Europe-wide ban on ticket resale above face-value, as the Board refocused its priorities after the past year’s successful campaign for tougher regulation of marketplaces in the EU’s Digital Services Act.

FEAT also unveiled plans for an international consumer awareness initiative geared at educating fans on the risks of buying tickets from uncapped secondary ticketing sites. The messaging and strategy is currently in development, with FEAT facilitating a working group made up of organisations across Europe, including BDKV, the European Music Managers Alliance, the European Arenas Association, FanFair Alliance, FRC and Pearle* – Live Performance Europe. The initiative was first mooted at this year’s ILMC. 

The organisation meanwhile welcomed new members Chris Ortiz, Director of Cordova-based Riff Producciones, and Iñigo Argomaniz, CEO of Get In, based in San Sebastián. 

FEAT director Neo Sala, founder and CEO of Doctor Music, who hosted the meeting, said: “It’s great to finally meet again in person and welcome more new faces among us. There’s a renewed energy to tackle touting, and we have been invigorated by positive changes in national and EU legislation over the last year – demonstrated not least in MCT-Agentur and Rammstein’s recent injunction against Viagogo in Germany.

European Parliament approves new digital rules with major impact on secondary ticketing

The Face-value European Alliance for Ticketing welcomes news that the European Parliament has voted to approve a new Regulation to better tackle online harms — the Digital Services Act (DSA) — with with 539 votes in favour, 54 votes against and 30 abstentions.

The new rules will help prevent abuses on online marketplaces, including ticket resale sites. They include measures to ensure professional sellers are identifiable, prevent certain manipulative sales tactics, and require regular reporting to improve transparency for consumers.

Identifying and verifying professional sellers
Online marketplaces will be required to obtain essential information about third party professional sellers, from their name and contact details, to their bank details and ID, before traders are allowed to list tickets on the platform. They will also be required to make best efforts to assess whether the information is reliable and complete, and ensure that the seller’s name, contact and trading details appear on the listing, as well as conduct random checks to prevent the resurfacing of listings that contravene national laws.

Increased accountability for marketplaces
Whilst ticket resale platforms can claim to be exempt from liability for content provided by third parties, provided they are not active hosts, they could now be held responsible for tickets listed in contravention of national laws, where fans are led to believe that the ticket is provided by the platform itself or that the seller is acting under its control. As a result, resale platforms should make it clear throughout the buying process that the tickets listed are provided by a third party.

Prohibition of dark patterns
Dark patterns (user interfaces designed in such a way as to trick users into making certain decisions, such as “pop-ups” or giving prominence to specific choices) will be prohibited. As such, ticket resale sites will be banned from using design tricks that manipulate consumers.

Annual reporting
Online hosting platforms such as ticket resale sites ​​will be required to produce easily comprehensible and publicly-available annual reports on any content moderation activities relating to infringements of the law or the platform’s terms and conditions. This will give an indication of the scale of harmful activity taking place – important in helping enforcement agencies and advertising partners such as Google comprehend the scope of the problem. The reporting measures will be coupled with a simplified notice and action procedure for illegal listings.

Increased oversight
Every Member State will be required to appoint a Digital Services Coordinator (DSC) to enforce the rules laid out in the DSA, with far-reaching powers of investigation, including to carry out on-site inspections, interview staff members and require the production of documents and information. Penalties for non-compliance can reach up to 6% of platforms’ global turnover.

The DSA will now go through the formal adoption procedures by the European Council before it is published in the EU Official Journal. It will enter into force 20 days after its publication in the Official Journal of the European Union, and its provisions will mainly apply fifteen months after entry into force or from 1 January 2024, whichever comes later.

Despite COVID-19, the European secondary ticketing market was estimated to be worth €1.83bn in 2021, with predictions to grow to €2.29bn by 2023; money that is drained from consumers and the sports and cultural industries. FEAT has spent two years engaging with policy-makers over the DSA, including spearheading an open letter with other concerned groups. This called on the EU to compel online marketplaces to act responsibly and was signed by nearly 150 representatives throughout the cultural industries and was recognised by commissioners in charge of the DSA.

While pleased that the legislation has finally been passed, FEAT recognises that the text could have gone further and will continue to campaign for tougher legislation to prohibit profiteering on uncapped resale sites at the expense of fans and the live industry.

Neo Sala, Director of FEAT and Founder and CEO of Doctor Music, stated “FEAT welcomes the new Digital Services Act, a landmark legislation aiming to protect consumers online. We hope that it will help prevent manipulative and exploitative practices taking place on resale sites and pave the way for tougher laws to ban profiteering altogether.”

Europe’s live performance sector signs open letter for tougher EU rules on online marketplaces

Over 140 representatives from across Europe’s live performance sector have signed an open letter calling for the European Union to introduce tougher laws on online marketplaces. The signatories, who represent the worlds of pop, ballet, opera, theatre, comedy and more, are fed up with Europe’s exploitative ticket resale market, which drains hundreds of millions of euros from the live sector annually.

The letter focuses on the EU’s upcoming Digital Services Act, a regulation designed to make the internet safer. It comes ahead of a crunch meeting due to take place on Tuesday 15th March. Signatories include managers, agents and promoters for Ed Sheeran, Rammstein, Christine and the Queens, Robbie Williams, Jean-Michel Jarre, Alejandro Sanz, Hélène Grimaud, Parov Stelar, Måneskin, Die Ärzte, Yann Tiersen and Sigur Rós; plus many festivals, venues, industry groups and performers.

The letter reads as follows:

We are a wide-ranging group of European stakeholders from the culture industries, including artists and performers, managers, booking agents, event promoters, venues and representative organisations. We represent the core of the live performance sector, supporting culture and innovation, as well as contributing to economic growth, competitiveness and social development.

Ticket resale marketplaces are a hotbed for illegal activity. They enable professional ticket scalpers to resell tickets for a significant profit – often fraudulently – contrary to consumer protection and competition laws in many Member States. They use manipulative sales tactics and supply ticket resellers with tools that make it easier for them to commit fraud. Not only that, by concealing the identities of sellers, the ticket market supports widespread tax evasion, and tax authorities in Member States miss out on considerable tax revenues as a result.

These practices exploit fans and seriously undermine cultural businesses by leaching away hundreds of millions of euros each year. This threatens the post-pandemic recovery of Europe’s live events sector and has a knock-on effect on artists and business owners.

The Digital Services Act offers an opportunity to compel online marketplaces to act responsibly, and the next phase of negotiations is crucial in setting a high standard for consumer and business protection online.

With this aim in mind, we request that the new rules outline clear and robust responsibilities for marketplaces to ensure sellers are identifiable (“Know Your Business Customer”). This means obtaining and making best efforts to ensure the name, address and bank details of the seller, and the products offered, are legitimate. The identity of the seller must also be clearly visible alongside the products offered, as fans need to know who they are buying from. As well as checks on sellers, marketplaces should also carry out periodic spot-checks on listed products to ensure that they comply with the law.

Importantly, these basic obligations within the Act must apply to all businesses. We particularly reject the idea of a waiver for medium-sized businesses, which would leave the rules vulnerable to exploitation and encourage bad actors to move to smaller platforms.

Should a marketplace fail to comply, we ask that they be held accountable for any resulting illegal activity and harm done to fans.

Please find our supported compromise amendments here.

Live performance professionals who wish to sign can do so here.

SIGNED BY:

Representative Organisations

  • ACOD Cultuur: Inge Hermans (ACOD Cultuur President Comité Muziek)
  • APM (Asociación de Promotores Musicales) (Music Promoters Association of Spain): Albert Salmerón (President) 
  • BDKV: Johannes Ulbricht (Legal Director)
  • Bundestheater-Holding GmbH (Austrian Federal Theatres’ Organisation): Magdalena Menheere (Group coordination ticketing)
  • CSC Transcom Culture: Didier Gilquin (Culture General Manager)
  • The Danish Musicians’ Union: Søs Nyengaard (Chairman of the Board)
  • Deutsche Orchestervereinigung (German Orchestra Association): Jean-Marc Vogt (Musician/President)
  • European Arenas Association: Victoria Matthews (Executive Officer)
  • European Music Managers Alliance (EMMA): Per Kviman, Chair
  • FAIR-MediaSind, The Romanian Federation for Culture and Mass-Media: Leonard Octavian Paduret (President) 
  • Face-value European Alliance for Ticketing: Sam Shemtob (Director and Co-Founder)
  • FanFair Alliance: Adam Webb (Campaign Manager)
  • Finnish Musicians’ Union: Ahti Vänttinen (President)
  • FNV (Federation of Dutch Trade Unions): Martin Kothman (Director of Media & Culture, Netherlands), Heather Kurzbauer (Professor)
  • Gadget abc Entertainment Group AG: Christof Huber (Festivals Director) 
  • German Orchestra Union: Gerald Mertens (CEO)
  • Hungarian Musicians’ and Dancers’ Union: László Gyimesi (Vice President) 
  • International Federation of Musicians: Benoît Machuel (General Secretary) 
  • The Ivors Academy: Graham Davies (CEO), Crispin Hunt (Director)
  • Live DMA: Audrey Guerre (Co-Ordinator)
  • LKDAF (Latvian Cultural Workers Union): Aldis Misēvičs (Chairman)
  • The Musicians’ Company: Richard Lyttelton (Charity Trustee)
  • Music Managers Forum: Annabella Coldrick (Chief Executive) 
  • Musicians’ Union of Ireland: Seamus Doyle (Musician)
  • Musicians’ Union UK: Horace Trubridge (General Secretary)
  • Norwegian Live Music Association: Tone Oesterdal (CEO)
  • Pearle* – Live Performance Europe: Silke Lalvani (Head of Public Affairs)
  • SLC CGIL (Communication Workers’ Union): Loris Grossi (Representative)
  • SMV-USDAM Switzerland (Swiss Musicians’ Union): Beat Santschi (General Secretary)
  • Sindicato Profesional de Músicos (Spanish Professional Union of Musicians): Pablo Múzquiz (President) 
  • Swiss Music Promoters Association (SMPA): Stefan Breitenmoser (General Manager)
  • Symf (Swedish Union of Professional Musicians): Gunnar Jönsson (President), Jonas Nyberg (Editor)
  • Theater-Transfer: Michael Hilleckenbach (Managing Director)
  • Vereinte Dienstleistungsgewerkschaft (ver.di), music section: Gabor Scheinpflug (Chairman) 
  • Victim of Viagogo: Claire Turnham MBE (Founder and Campaigner), Jane Robinson (Moderator) 
  • Younion: Thomas Dürrer (Sekretär ÖGB – Section Secretary)
  • YOUROPE – The European Festival Organisation: Katharina Weber (Project Manager) 

Agents 

  • All Artists Agency: Michael Sand (Booking Agent)
  • Creative Artists Agency: Emma Banks (Co-Head International Touring), Andy Cook (Agent), Jamie Shaughnessy (Agent)
  • One Fiinix Live: Jon Ollier (CEO/Agent) 
  • Paradigm Talent Agency 
  • Primary Talent International: Ben Winchester (Director)
  • Progressive Artists: Rob Gibbs (Booking Agent)
  • Pure: Angus Baskerville (Director), Jodie Harkins (General Manager)
  • United Talent Agency: Jules de Lattre (Agent), Beth Morton (Agent), Jamie Waldman (Agent)

Artists

  • Bernd Stelter: (Comedian) 
  • Danceperados of Ireland: Petr Pandula (Artistic Director) 
  • Michelle Shocked: (Singer Songwriter)

Festivals

  • AiaSound Festival: Frederik Kjærgaard (Founder & CCO) 
  • Baloise SessionL Beatrice Stirnimann (CEO)
  • Caribana Festival: Samuel Galley (Booking & Production)
  • Europavox
  • Festival Cruïlla: Jordi Herreruela Salas (Director)
  • HOME Festival: Emanuela Virago (General Manager)
  • Paléo Festival Nyon: David Franklin (Ticketing Manager)
  • Provinssi Festival: Sami Rumpunen (Festival Director)
  • Rock en Seine Festival: Matthieu Ducos (General manager)
  • Stichting Explosion Festival: Hayo Braakman (Digital Event Manager)
  • We Love Green: Marie Sabot (Director)
  • Winterthurer Musikfestwochen – David Egg (Co-Head of Festival)
  • Verein Openair Etziken: Yves Ammann (Festivalleitung – Festival Director) 

Managers 

  • Crockford Management: Paul Crockford (Manager)
  • Grumpy Old Management Ltd: Stuart Camp (Manager of Ed Sheeran)
  • Klassenfahrt: Florian Böde (Artist Manager) 
  • Ignition: Alec McKinlay (Partner)
  • RLM: Yann Barbot (Marketing & Booking Director)
  • Wildlife Entertainment Limited: Ian McAndrew (Artist Manager)

Promoters 

  • AllBlues Konzert AG: Johannes Vogel (Director)
  • All Things Live Group: Kim Worsøe (CEO)
  • Applaus Kulturproduktionen GmbH: Paul Kunze (CEO)
  • art.emis Entertainment GmbH: Ulrich Lautenschläger (Manager)
  • Artist Promotion Management Ltd: Harvey Goldsmith (CEO)
  • a.s.s. concerts & promotion GmbH: Dieter Schubert (CEO), Florian Böhlendorf (Agent), Mick Köppe (Booking Agent), Sara Lemke (Tour Production), Jessica Zühr (Ticketing), Fabian Rau (Event Management Trainee), Susanne Strathausen (Marketing Manager) 
  • Barley Arts: Claudio Trotta (Promoter) 
  • Barracuda Music GmbH, Austria: Franz Erhardt (CEO)
  • Barracuda Holding GmbH, Austria — Austria: Ewald Tatar (CEO)
  • Cávea Producciones: Ramón García-Barros (Owner)
  • concert team nrw: Berni Lewkowicz (General Manager)
  • Concerts East: Siyabend Suvari (CEO)
  • d2mberlin GmbH/Die Wühlmäuse GmbH: Daniel Domdey (CEO)
  • DEAG Deutsche Entertainment AG: Britta Herrström (Senior Corporate Lawyer) 
  • Doctor Music Concerts: Neo Sala (Founder and CEO)
  • domino Event SARL: Stefan Breitenmoser (CEO)
  • DreamHaus GmbH: TimEichin (Senior Coordinator Finance/Legal)
  • E.L.Hartz Promotion GmbH: Ernst-Ludwig Hartz (CEO)
  • FKP Scorpio: Folkert Koopmans (CEO)
  • Greenhouse Talent: Pascal Van De Velde (Founder and CEO)
  • Goodlive Artists: Justus Mang (Managing Director)
  • In&Out Producciones: Ana Zamarbide (CEO) 
  • JCPL (Jerkin Crocus Promotions Ltd): Mick Brown (Agent)
  • I-Motion GmbH Events & Communication: Oliver Vordemvenne (CEO)
  • Just Because: Samuel Galley (Director, also of Ishtar Music), Kay Galley (Chief Marketing & Communication)
  • Just Life Music: Daniel Molina Morales (Head Promoter)
  • Karsten Jahnke Konzertdirektion GmbH: Ben Mitha (Managing Director)
  • Kontrapunkt-Konzerte (Counterpoint Concerts): Martin Blankenburg (CEO)  
  • Konzertbuero Schoneberg GmbH (Germany): Andreas Moller (Head Promoter)
  • Kulturgipfel GmbH: Hilmar Koerzinger (CEO)
  • Landstreicher Booking & Landstreicher Konzerte: Christopher Moeller (CEO)
  • Live Music Production: Michael Drieberg (Managing Director)
  • MAAG Music & Arts AG: Fabian Duss (CEO)
  • MCT Agentur GmbH: Scumeck Sabottka (CEO) 
  • MITUNSKANNMAN.REDEN. GmbH & Co. KG: Oliver Harms (Project Management and Ticketing), Max Paul (Event Manager), Thomas Schulz (Promoter)
  • Mundo Management s.a: Sanchez-Rando Leon (Contratacion)
  • Revolution Event GmbH: Michael Struber (Project Manager)
  • The Music Republic:  Juan Carlos Gutiérrez (Director of Events)
  • Power Concerts GmbH: Arthur Theisinger (Managing Director)
  • Opus One SA: Vincent Sager (CEO)
  • The Project Music Company: Tito Ramoneda (Founder and CEO), Sandra Galindo (Management)
  • Universal Sounds: ​​Daniel Hunziker (Managing Director)
  • Undercover GmbH: Michael Schacke (CEO)
  • VADDI Concerts GmbH: Marc Oßwald (Managing Director)
  • Zeitklang Event: Michael Richter (CEO)

Venues 

  • Brighton Centre: Lindsey Scott (Ticketing & Customer Services Manager) 
  • Capitol Betriebs GmbH: Thorsten Riehle (Managing Director) 
  • Haus der Springmaus: Berit Baumhoff (Manager)
  • The O2: Veronica Kakuba (Head of Event Ticketing Operations)
  • SNG Opera in balet Ljubljana (The Ljubljana Opera House): Andrej Sraka (Musician) 

Others

  • Michael Waterson: (author of the Waterson Review, an independent review of consumer protection measures concerning online secondary ticketing facilities, presented to UK Parliament May 2016) 
  • RBR Abogados SL: Juan Luis Rodriguez (lawyer)
  • Raquel Andrade: (Executive officer at the Civil Service)
  • Turku Institute for Advanced Studies: Martin Cloonan (Director)
  • VWC: Vicky Kafetzi (Communications Professional)

FEAT Launches Guide on How to Find and Remove Touted Tickets

Launched today at ESNS, FEAT is proud to present its latest guide for FEAT members and European promoters on how to deal with suspected touted tickets.

From set-up to post-show, “FEAT Guide: How to Find and Remove Scalped Tickets” provides simple step-by-step advice on how promoters can prevent tickets ending up in the wrong hands, while providing clear support to fans. Hoping to demystify the process of tackling touting, the guide outlines how to develop and implement an anti-tout policy, guide fans during on-sale, and spot signs of touting. It also advises on the best route to cancelling tickets in a fan-friendly way, while taking into account the relevant legal considerations. Added extras include template terms and conditions, as well as a template letter to send to any venues involved.

The live music industry suffered drastically as a result of the Covid-19 pandemic, with UK live revenues collapsing by up to 90% in 2020, according to UK Music. As concerts resume, reducing touting will help ensure fans regain their trust in ticketing and can afford to see their favourite acts.

Nicole Jacobsen, Managing Director and Co-Owner of tickets.de, said: “I’m really proud to have worked with FEAT on the ‘FEAT Guide: How To Find and Remove Scalped Tickets’. At tickets.de we’ve been working to stop scalping for over ten years, and the guide is just the latest in what is an on-going and dedicated campaign.

FEAT Director Sam Shemtob added: “With the live business looking to get back on the front foot in 2022, the timing is perfect for promoters to take steps proven to reduce touting. We hope this guide will be beneficial to all those who work in the sector.”

FEAT would like to thank all who contributed to this project, especially Nicole Jacobsen from tickets.de.

The guide is available on request only — and will shortly be launched in French, Spanish and German. Those interested should contact FEAT at support@feat-alliance.org.

MEPs to Debate New Rules to Build a Safer Internet

Over the next couple of days the European Parliament will debate and vote on new rules as part of the upcoming Digital Services Act to create a safer and more transparent space for online users.

The new rules have the potential to significantly impact the ticket resale market which has long been plagued by online marketplaces that exploit consumers by providing misleading information and hosting illegal or invalid tickets to turn huge profits.

While the proposals put forward by the Committee on Internal Market and Consumer Protection (IMCO) are a big step in the right direction to improve transparency and accountability online, there are currently significant loopholes that could compromise the effectiveness of the Digital Services Act.

As such, FEAT urges MEPs to consider voting for the following amendments:

👉 Amendments 484, 515 and 548: Safeguarding fans against the reappearance of illegal products — a stay down provision is essential to ensure illegal products such as tickets do not reappear on marketplaces. In the case of illicit ticket resale, a simple keyword search would allow the marketplaces to identify illegally listed tickets for one event.

👉 Amendment 550: Making sure that due diligence requirements apply to all except micro businesses — ticket resale marketplaces come in all sizes and we see consumer abuses at all levels. It is therefore highly problematic that smaller enterprises would be exempt from basic due diligence requirements outlined in Chapter 3, leaving consumers vulnerable and companies open to exploit the rules.

👉 Amendment 512: Requiring marketplaces to verify information as to the identity of the seller through measures such as ID or bank document checks — ticket scalpers regularly use fake identities in order to sell fake or invalid tickets. A simple step such as an ID check is easy to implement and would have a significant impact on the number of fraudulent sellers listing tickets online.

FEAT Calls For Digital Services Act To Hold Marketplaces Accountable for Illegal Ticket Sales Online

FEAT has co-signed a letter calling for the European Parliament to strengthen proposed rules on online platforms to better protect consumers as part of the upcoming Digital Services Act. Signatories include 22 other consumer and business associations. 

The letter argues that the DSA in its current format is inadequate in protecting consumers and legitimate businesses from the trade of illegal goods and services, including counterfeit and fraudulent tickets, and fails to understand the reality of online commerce. It urges the body to “avoid adopting a framework that presents significant risks for both consumer protection and businesses’ viability and reputation”

As it stands, the Digital Services Act looks set to offer an exemption for small and medium enterprises (SMEs) from certain due diligence obligations. In practice, this would merely encourage illegal traders to evade detection by moving to smaller platforms. While a waiver should still exist for micro-enterprises, the vast majority of Europe’s SMEs are still offline businesses, which have long been expected to meet their own set of diligence requirements. 

In addition, the proposals ignore the vast and complex reality of online commerce by failing to hold all platforms that facilitate sales between traders and consumers to account. Limiting the scope of obligations such as the Know Your Business Customer obligation to marketplaces means that there will be limited accountability for selling on alternative platforms such as social media. This must be corrected by widening the scope of the forthcoming rules and increasing clarity about platform obligations and consequences. 

The DSA as it currently stands is unsatisfactory. By making further adjustments, the Act can help consumers and small businesses trade online in a safe market no longer saturated with illegal trade. 

You can read the full statement here.  

TOP TIPS FOR BUYING TICKETS SAFELY ONLINE

It’s been a long year without live events, but with the silver lining of lockdown easing on the horizon, it might not be too long until you can get back to your favourite gig or festival.

There’s just one more hurdle that you need to overcome: getting your hands on a ticket.

Unfortunately, with demand for tickets at an all-time high, it’s not just genuine fans but also ticket touts looking to hoover up tickets as soon as an event goes on sale. 

Not only is this bad for fans, who are then forced to buy touted tickets at much higher prices on the secondary market, but also for artists who aren’t supported by this practice.

Fans also run the risk of buying an invalid ticket that might not gain access to the event or even a ticket that does not yet exist!

With that in mind, we’ve joined forces with Victim of Viagogo to show you how you can stay safe when buying tickets online:

FEAT would like to thank Victim of Viagogo for their input, as well as the incredible work they do helping fans on a daily basis, alongside supporters Live Europe, EMMA, the International Federation of Musicians, Pearle and the Asociación de Promotores Musicales.

More great tips from the FanFair Alliance Consumer Guide here. Although some of the platforms might have changed, the advice is spot-on. Make sure you follow FEAT on social media for updates too.

FEAT HOSTS SECONDARY TICKETING PANEL AT REEPERBAHN

On 20th September, we hosted a panel at Reeperbahn Festival on the topic of ‘Unpacking the EU’s First Secondary Ticketing Legislation.’  It explored the ticketing bot ban included in the New Deal for Consumers and discussed how effective it will be, as well as exploring methods of consumer education (for background info on the new legislation, read the full story here). 

Our Campaign Lead, Katie O’Leary, spoke on the panel on behalf of FEAT, with Sebastian Ott, Lawyer / Partner at Lichte Rechtsanwälte, Reinher Karl, Lawyer at Beiler Karl Platzbecker & Partner, alongside Dr. Johannes Ulbricht, Lawyer / Legal Adviser to BDKV. 

Katie began by explaining that an event ticket is a license rather than a product, and as such it’s governed by the terms and conditions of the original sale, just like purchasing an airline ticket. She also advised on how event organisers can protect themselves from touting, including clear communications with fans regarding terms and conditions and encouraging primary ticket sellers to check their sales data. 

She also discussed commercial solutions to the issues of the secondary market. These included the rise of fan-to-fan and face-value resale platforms, as well as other options for primary ticket sellers, such as dynamic pricing. 

Overall, the panel was broadly positive on the potential impact of the new EU legislation, but emphasised that bots — the focus of these new laws — are far from the only method of ticket touting, and there is still a long way to go both legislatively and commercially in creating a fair market for both fans and industry.


You can read Katie’s comments in more detail here.

VIAGOGO ADVERTS BANNED BY GOOGLE

Google announced today that secondary ticketing company Viagogo has been suspended globally as an advertiser with immediate effect, meaning it will no longer be able to pay for higher search rankings. 

This follows the CMA’s announcement, less than a fortnight ago, that it would be pursuing legal action to find Viagogo in contempt of court, after the site repeatedly failed to overhaul the way it presents information. The UK’s FanFair Alliance, Spain’s Association of Music Promoters and French live music association PRODISS have been involved with discussions with Google on the issue for several years, and last year UK MPs, The Football Association, UK Music and others signed a letter to senior Google executives advising them to ban Viagogo’s advertisements. 

Google’s suspension of Viagogo as an advertiser is a major step forward in preventing consumers buying tickets from suspicious resellers. It follows an update to Google’s Adword policy last year, which required that in order to be certified with Google, ticket resale websites must clearly inform fans they are a secondary marketplace, declare when prices that are higher than face value and make all fees associated with the purchase clear.

Google’s move to protect consumers is encouraging. The tech giant confirmed: “When people use our platform for help in purchasing tickets, we want to make sure that they have an experience they can trust.” 

FEAT Director Sam Shemtob commented: “This is a hugely significant step — Google is the first port of call for fans searching for gig tickets across the world.  

“The move appears to have been triggered by recent court proceedings led by the UK’s Competition and Markets Authority as well as pressure from the UK Parliament’s Digital, Culture, Media and Sport committee. 

“It’s worth noting the work of the UK’s FanFair Alliance, Spain’s Association of Music Promoters and French live music industry association PRODISS, who have been engaged in multiple conversations on the issue with Google, some of which date back to 2016. 

“We hope other search engines and social media platforms will follow suit.”

CHAMPIONS LEAGUE TICKETS DO NOT EXIST, PURCHASERS TOLD

The companies contacted fans less than a week before the match to inform them that their ticket purchases would not be fulfilled by the sellers, who had sold them speculatively – including fans who had already travelled to Madrid. Whilst StubHub has promised fans a full refund, including shipping and service fees, and Viagogo has promised either alternative tickets or €500 compensation, many customers will still be left out of pocket – not least because of the inflated cost of travel and accommodation in Madrid.

Viagogo and StubHub have informed hundreds of buyers of secondary tickets for the Champions League final in Madrid that their tickets – some of which cost upwards of £10,000 – were sold speculatively and do not in fact exist.

StubHub has also offered €1,500 in compensation for each ticket purchased, but it is understood that if fans accept this offer, they will not be able to sue. This year’s Champions League final has seen extraordinarily high levels of ticket touting, according to the Times. Over 8,000 tickets have appeared on secondary ticketing sites with prices far higher than face value, due to extremely high demand.

The scandal has gained coverage from media outlets across Europe, with fans expressing their outrage at such blatant disregard for consumer protection.

Whilst the European Union has recently taken an unprecedented step forward in tackling ticket profiteering – by outlawing the use of bots to bulk-buy tickets as part of the New Deal for Consumers – this latest news demonstrates the continued need for tougher legislation, stronger enforcement and greater consumer awareness in the fight against touts.

Europe’s Live Music Business Unites To Stop Ticket Touting

  • Face-value European Alliance for Ticketing (FEAT) launches to promote face-value ticket resale
  • Members include promoters for Adele, Arcade Fire, Björk, Bruce Springsteen, Christine and the Queens, Ed Sheeran, Iron Maiden, Elton John, Florence + the Machine, Red Hot Chili Peppers, Rolling Stones, Radiohead and Rammstein
  • Festivals include Doctor Music Festival, We Love Green, Peacock Festival, Once in a Blue Moon Festival, Hurricane and Southside
  • Already actively lobbying at EU level to improve ticket resale

Europe’s leading live music professionals have come together to form a new organisation, the Face-value European Alliance for Ticketing (FEAT), to promote face value resale across the continent.

While a number of initiatives aimed at tightening up ticket resale have begun in recent years, some of which, like the UK’s FanFair Alliance, have had considerable success, global platforms continue to operate with impunity, ignoring guidance, legislation and rulings from courts.

Launching today at renowned live music conference ESNS (Eurosonic Noorderslag), FEAT will build on the work of these initiatives to encourage better ticket resale practices via a continent-wide approach. FEAT’s focus includes:

  • Encouraging better legislation at national and EU level: coordinating lobbying efforts for better legislation to protect fans and artists and encouraging enforcement
  • Connecting live industry professionals: sharing knowledge and building consensus towards a fair and safe ticketing marketplace across Europe.
  • Collecting data and research: tracking artist and fan concerns, ensuring their interests are represented and voices are heard.

Working under the radar, FEAT is already actively involved in EU parliamentary discussions on secondary ticketing. FEAT has also been facilitating the formation of a legal group to coordinate activities on ticketing regulation and with search engines.

A non-profit organisation, FEAT will focus on the live music business and will build alliances  with the full scope of the live entertainment industry including performing arts and sport.

The Alliance will be run by Sam Shemtob, a music business specialist who has been active in the UK’s All Party Parliamentary Group (APPG) on Ticket Abuse for several years, and colleagues Katie O’Leary and Dominic Athanassiou, who also participate.

Said Scumeck Sabottka, CEO, MCT-Agentur and FEAT Director: “We need to get this right as otherwise fans and artists alike will be robbed by thieves; if we all pull this together and get EU legislation to follow our lead, we can ultimately make it work

Neo Sala, Founder & CEO, Doctor Music and FEAT Director: “Governments need to understand speculative ticket resale is an abusive and unethical practice that harms people, and they need to approve laws that make it virtually impossible.  We need legal tools that facilitate the immediate preventive close down of websites that put tickets on sale without having been authorised by the organiser of the event.”

Sam Shemtob, FEAT Director: “The growth and effectiveness of grassroots movements against industrial ticket touting in the UK, France, Germany, Spain, Italy, Switzerland in recent years has been invigorating. The time has come for these these movements to connect, collaborate and speak as one at a European level, where MEPs are listening”

Adam Webb, Campaign Manager, FanFair Alliance: “The FanFair campaign has shown that legislation and regulation can have a disruptive impact on exploitative secondary ticketing and help foster a more consumer-friendly approach to ticket resale. There is still work to do in the UK and challenges ahead, but because of collective action the situation has improved markedly since 2016. Our focus will remain on these shores, but we are happy to share our experiences and support the activities of FEAT in building wider European networks and improving EU legislation.”

Sharon Hodgson, Member of Parliament of the United Kingdom & Co-Chair of the All Party Parliamentary Group (APPG) on Ticket Abuse: “As Chair of the APPG on Ticket Abuse, I have worked on this issue in the UK for almost a decade. In 2011, I proposed a Bill which would cap ticket resale at 10% above their face value. Unfortunately, this Bill did not pass into UK Legislation. Since then, I have been working with my cross-party colleagues, and the sector, in order to tackle unscrupulous ticket touts in the UK, who re-sell tickets for profit. It is time for legislation that puts fans first, and I am working closely with the UK Minister to try and find a solution to this. I am pleased to support the efforts of FEAT in dealing with this across Europe.”

Claire Turnham MBE, Victim of Viagogo: “We are delighted to welcome FEAT and support your commitment to improve the safety of ticket buyers across Europe. Having worked closely with the FanFair Alliance in the UK over the last two years, I have seen how effective a coordinated, collaborative, industry-wide campaign can be when it puts the fans at the centre of the issue.”

Per Kviman, Chair and Virpi Imonnen, Vice-Chair, European Music Managers Alliance (EMMA): “In the last decade we’ve seen the live industry flourish, with revenues from concerts and festivals becoming the primary source of income for artists and musicians. But this has come at a price, and, spurred on by the rise of the internet, the secondary ticketing market has thrived, draining money away from fans, artists and the industry. It is great that FEAT has formed to enable us to work together on a European level to share experiences and knowledge and help better the market.”

Founding members

Ben Giezenaar – Co-Founder, Greenhouse Talent, Netherlands (Once in a Blue Moon Festival, Justin Bieber)
Christof Huber – Managing Director, Incognito, wepromote, Switzerland (Imagine Dragons, George Ezra)
Folkert Koopmans – CEO, FKP Scorpio, Germany (Ed Sheeran, Rolling Stones, Foo Fighters)
Kim Worsøe – Director, ICO, Denmark (The 1975, Sam Smith, Disturbed)
Neo Sala – Founder & CEO, Doctor Music, Spain (Adele, Rolling Stones, Bruce Springsteen, Doctor Music Festival)
Olivier Darbois – Director, Corida, France (Christine and the Queens, Justice – produced worldwide,  Kraftwerk, Radiohead – promoted France)
Pascal Van De Velde – Founder & CEO, Greenhouse Talent, Belgium & Netherlands (Elton John, Katy Perry)
Peter Aiken – Managing Director, Aiken Promotions, Ireland (Bruce Springsteen, Rolling Stones, Ed Sheeran, Adele)
Philippe Cornu – Founder, wildpony, wepromote, Switzerland (Muse, Rammstein)
Scumeck Sabottka – CEO, MCT-Agentur, Germany (Red Hot Chili Peppers, Pearl Jam, Lykke Li, Björk, Rammstein, Florence + the Machine)
Vincent Sager – Managing Director, Opus One, Switzerland (Arcade Fire, Iron Maiden)

Supporters

FanFair Alliance
Sharon Hodgson, Member of Parliament of the United Kingdom & Co-Chair of the All Party Parliamentary Group on Ticket Abuse
European Music Managers Alliance
Claire Turnham MBE, Victim of Viagogo
Guy Osborn, Professor of Law, University of Westminster
Mark James, Professor of Sports Law, Manchester Metropolitan University

Thanks to…

Adam Webb (FanFair Alliance), Annabella Coldrick (MMF), Dominic McGonigal (C8 Associates), Helen Smith (IMPALA)



FEAT To Host Secondary Ticketing Panel At Eurosonic 2019

We’re very happy to announce that FEAT will be hosting a panel on secondary ticketing at this year’s Eurosonic Noorderslag Festival in Groningen.

The panel will discuss whether regulation is the answer to the secondary ticketing problem, exploring recent legislative action in Europe, such as moves in Italy and Ireland to ban ticket resale and rulings by the Competition and Markets Authority in the UK against Viagogo.

Panellists include Dany Hassenstein, Booker for Paléo Festival Nyon, Promoter at Opus One, and an executive board member of the Swiss Music Promoter Association (SMPA); Aline Renet, Director of Institutional Relations and Institutional Advisor at Prodiss; Ben Challis, UK lawyer specialising in music and entertainment law and General Counsel for Glastonbury; and Rammstein’s legal advisor Sebastian Ott. It will be moderated by FEAT’s Sam Shemtob.

The panel will take place on Friday 18 January at 13.30 – 14.30 in De Oosterpoort. For more information and a full description of the panel, head over here: https://esns.nl/conference/is-regulation-the-answer-to-the-secondary-ticketing-problem/2019-01-18/13:30

More information about the festival here: http://www.eurosonic-noorderslag.nl/en/info/about/

And the conference centre, De Oosterpoort, here: http://www.de-oosterpoort.nl/


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