European Union Archives

EU Takes First Coordinated Action on Viagogo

Posted on 16 May, 202416 May, 2024

The European Commission has successfully completed its first coordinated activity on rogue ticket resale marketplaces, with Viagogo committing to introduce a series of changes to its site that will protect consumers.

The changes, which must be implemented to the versions of its website directed at EU/EEA consumers by the end of August 2024, include:

Informing consumers on the ticket selection page whether the seller of a ticket is a trader or not

Substantially reducing the number of countdown messages that appear when making a purchase

Allowing consumers to choose an exact seat number on their ticket rather than only choosing a section, where possible

Including delivery fees in the displayed price where there is only one delivery option available for a ticket.

There will also be more time to apply for a refund under Viagogo’s ‘discretionary’ ticket guarantee scheme, as featured in a BBC investigation yesterday. The agreement further clarifies that EU citizens will be protected by their national consumer laws and can take actions against Viagogo, if needed, in their own country of residence.

Commenting on the news, FEAT’s director Sam Shemtob said: “FEAT has been calling for better enforcement for rogue ticket resale marketplaces for five years. This is the EU’s first coordinated action, and introduces some of the most far-reaching consumer protection for European consumers to date. The changes will also prove incredibly useful in promoters’ efforts to curtail ticket scalping. We expect this will save lots of time and money in legal battles, which the live performance sector can ill afford.”

FEAT met with the EU’s Consumer Commission in 2020 and 2023 to outline the live performance sector’s concerns with rogue ticket resale marketplaces, and in 2022, pulled no punches in calling clearly for greater enforcement as part of an EU consultation.

You can read the full EU press release here: – https://ec.europa.eu/commission/presscorner/detail/en/ip_24_2631

EU Reaches a Deal on Tighter Digital Rules To Improve Ticket Resale

Posted on 25 April, 202225 April, 2022

The EU has reached a provisional political agreement on the Digital Services Act, a regulation designed to create a safer and fairer online environment, including over ticket resale abuses. After a marathon 16 hours of discussions between policy-makers, the text was agreed on Saturday 23rd April in Brussels.

The European Parliament and Council as well as negotiators suggest the Act contains a number of measures to ensure secondary ticketing marketplaces act responsibly. These are expected to include:

Ticket scalpers will only be able to list tickets after providing essential information (“Know Your Business Customer” principle), which marketplaces must make efforts to verify
Secondary marketplaces will also be obliged to conduct random checks for tickets sold illegally
Measures designed to panic buyers, such as pop-ups claiming several people are viewing the same ticket, will be banned.

Reports suggest that while micro and small marketplaces will be exempt from verifying traders and conducting random checks, marketplaces that are medium-sized (employing between 50 – 250 people) for more than a year will have no such exemption. Search engines are understood to face new responsibilities too, but what these may involve is currently unclear.

FEAT has spent two years engaging with the EU over the DSA, using lobbying methods such as arranging an open letter with other concerned groups such as FanFair Alliance and Pearle* Live Performance Europe. The letter called on the DSA to compel online marketplaces to act responsibly and was signed by nearly 150 representatives across the industry, from ballet and pop to opera and comedy.

FEAT Director Sam Shemtob said, “We cautiously welcome news of measures to be placed on secondary ticketing marketplaces to clean up the Wild West in which they have operated so far. The devil will be in the detail, but we hope the new requirements for vetting traders and publishing basic information about the seller will enable fans and event organisers to make informed decisions.”

The text of the DSA is to be finalised at technical level, before being formally approved by European Parliament and Council. 20 days after its publication, the Act will come into force in the EU Official Journal. Big Tech firms will then have four months to prepare for the rules, while companies with fewer than 45 million users will have 15 months or until 1 January 2024, whichever is later.

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

Posted on 11 March, 202227 June, 2022

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 signs joint statement calling on European Union to hold online marketplaces accountable for illegal activity

Posted on 12 October, 20213 February, 2022

FEAT has joined a list of 30 signatories on a joint statement penned by the European Consumer Organisation (BEUC) concerning the EU’s upcoming Digital Services Act.

Addressed to members of the European Parliament, Council and Commission, the statement calls for the Digital Services Act to set out “effective and unambiguous rules […] to tackle illegal activities and rogue traders”. It refers to the problems caused by secondary ticketing and includes evidence provided by FEAT in the form of nearly 60 major legal cases and initiatives involving secondary ticketing marketplaces that have taken place in Europe over the past few years.

The statement argues that self-regulation has failed and online marketplaces need to be held accountable for the transactions they facilitate in order to better protect consumers. This includes becoming liable when they fail to carry out basic due diligence or fail to put a stop to illegal activity on their site once they are aware of it. The letter also recommends marketplaces be required to set up a robust verification system for traders.

In the case of secondary ticketing, the Digital Services Act offers the opportunity to put a stop to the exploitation of fans at the hands of ticket touts, who are able to operate on ticket resale sites across Europe under a veil of anonymity.

Amendments to the Commission’s proposal for the Digital Services Act are currently in discussion, with the Parliamentary committee responsible preparing to vote on the final text it wishes to take forward.

You can read the full statement here.