Barcelona City Council has signed an official declaration affirming its commitment to the fight against illegal ticket resale. The move was supported by all political groups across the Council, recognising the harm that illegal resale does to the creative industries and members of the public. Barcelona is believed to be the first city in the world to make a commitment of this kind.
Each year, Barcelona hosts more than a thousand concerts and live events at iconic venues including Palau Sant Jordi, Parc del Fòrum, Estadi Olímpic, Gran Teatre del Liceu, L’Auditori and Palau de la Música Catalana. With an estimated 3 million fans attending these events annually, Barcelona City Council has reaffirmed its commitment to fair and safe ticket resale to protect fans and culture.
Barcelona City Council paid special attention to ‘speculative ticketing’ in its declaration, where traders list tickets for resale before they have been purchased on the primary market. This leaves fans ‘burned’ when they receive a different ticket than expected, or don’t receive a ticket at all.
The declaration also states the city’s support for FEAT as a non-profit organisation formed to improve ticket resale across Europe, representing the interests of live event organisers, music promoters, venues, sports clubs and fans. In 2024 FEAT welcomed new local members, the legendary football club FC Barcelona and Barcelona de Serveis Municipals (B:SM) who operate venues across the city. FEAT declared Barcelona as its “home city” at the start of 2024, and held its annual general meeting there in October.
In Europe, the ticket resale market is worth up to €3 bn annually, growing by about 10% a year. The market is driven by professional traders who use bots or other fraudulent methods to bulk-buy tickets, dramatically increase ticket prices, and often fail to list correct ticket information. Other anti-consumer practices include speculative ticketing, where traders advertise the sale of tickets not yet purchased, or offering tickets for concerts that have not yet gone on sale.
FEAT founding director & CEO of Doctor Music, Neo Sala, said “This declaration cements Barcelona as a city that supports and nurtures live entertainment, concerts and festivals. I am delighted that the Council agrees with FEAT’s aims and objectives, and we firmly welcome their support in the fight against illegal ticket resale”.
The Face-value European Alliance for Ticketing (FEAT) held its annual general meeting in Barcelona on Friday 11th October 2024, celebrating its fifth year of operation.
The past 12 months have seen FEAT expand its membership beyond Europe’s music and entertainment sectors. It welcomed its first venue member, Barcelona’s Olympic Stadium and Palau Sant Jordi, as well as legendary football club FC Barcelona, with three of the club’s senior executives in attendance.
Discussions covered dynamic pricing, the role of search engines and the roll out of the Make Tickets Fair! consumer awareness campaign. On the Digital Services Act, members agreed that, while the DSA provides a mechanism to report illegally listed tickets, its effectiveness may be more limited in countries that don’t have strong national laws on ticket resale.
With some national regulators (Digital Services Coordinators) only operational as of last month, the DSA is still in its teething stages. Members committed to engaging with the new law, dedicating a member of their team to help file reports. With more needing to be done to prevent search engines directing fans to unauthorised resale platforms, members will also report search engines that direct consumers to illegal content online via the DSA.
Members also agreed on the need for stronger legislation, whether authorised-only resale or a cap on resale above face value, and to look to build consensus among the industry to take to policy-makers.
FEAT founding director & CEO of Doctor Music Neo Sala, who hosted this year’s AGM, said: “It was great to see new FEAT members in Barcelona for another successful AGM. I am pleased that we will focus on using the DSA as best we can, but also look to hold search engines to account for directing fans to illegally listed tickets”.
FEAT founding director & CEO of MCT-Agentur, Scumeck Sabottka, added “It was good to renew FEAT’s commitment to fight predatory touts and scalpers, as well as to welcome our new members. It is clear that, although the DSA is a good first step, more regulation on ticket resale is needed”.
Leading Barcelona venues Estadi Olímpic Lluís Companys and Palau Sant Jordi have become the first venues to join FEAT, the organisation working to encourage face-value ticket resale across Europe.
FEAT has worked on several EU-wide campaigns to develop better laws to protect fans and promoters against predatory ticket resellers, and is the coordinating member of the Make Tickets Fair! campaign.
Estadi Olímpic is one of the biggest stadiums in Spain at up to 55,000 capacity, and regularly hosts huge concerts with the last few years seeing Bruce Springsteen; Coldplay; Rammstein; Ed Sheeran; Harry Styles; Bruno Mars and the Red Hot Chili Peppers pass through its doors. It has also been used by FC Barcelona for training and fixtures in the 2023/24 season whilst their home ground undergoes renovation.
Palau Sant Jordi is an iconic Barcelona venue which boasts the title of the largest indoor arena by capacity in Spain at approx 18,500 capacity. It also has a 4,500 capacity club at the back of the building. Between the two venues, Palau Sant Jordi provides a space for medium and large scale concerts for a wide range of genres and artists. In 2023/2024 alone, the venue will have hosted both national and international artists on their big tours.
Palau Sant Jordi and Estadi Olímpic are the first major venues in Europe to join FEAT. In 2023, they closed a record year with 2.1 million spectators and more than 160 programmed events, consolidating their leading role in positioning Barcelona as a city of major events. Both venues are owned by Barcelona de Serveis Municipals (BSM), the company responsible for the management of these and other emblematic spaces in Barcelona.
Speaking about the news, Anella Olímpica Director Carmen Lanuza said “Ticket resale directly affects venues such as the Palau Sant Jordi and the Olympic Stadium. Joining this initiative is part of our commitment to generate unique and safe experiences for all those who visit us. It is essential to join efforts to make it possible to end this practice.”
Neo Sala, CEO of Doctor Music and Founding Director of FEAT, said “I am extremely excited to welcome BSM, and the venues that they represent, to FEAT. Estadi Olímpic and Palau Sant Jordi are of huge cultural significance in the city bringing the world’s greatest artists to Barcelona. It is great news that they believe in FEAT’s mission of face-value ticket resale and we look forward to working with them to protect fans from predatory resellers”.
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.
Footballing giants FC Barcelona have officially joined FEAT in its mission for a Europe-wide ban on event ticket resale above face value.
The agreement was signed at a meeting in the office of FC Barcelona president Joan Laporta, who was joined by Juli Guiu, vice-president of the FC Barcelona marketing area, and Neo Sala, FEAT’s founding director and founder & CEO of Doctor Music. Following the signature, Laporta also presented Neo Sala with an official 2023/24 team jersey.
As part of its ‘Visiting Supporter Security and Control Protocol’, which FC Barcelona set up for high-risk fixtures, the club has already started implementing a series of measures to combat unauthorised ticket resale, including personalised tickets and a tracking system to prevent misuse. Hence, the alliance between FC Barcelona and FEAT follows on with their joint mission to eradicate predatory ticketing behaviour.
In becoming FEAT’s latest member, the club has joined with live events professionals across Europe to make three key promises as part of their pledge: to fight for face-value ticket resale, to only support resale marketplaces that are legally compliant and embrace transparency, and to stand up to search engines and social media platforms accepting advertising from irregular resale platforms.
To celebrate the alliance of the two organisations, Barcelona will now become FEAT’s official home city.
Juli Guiu, vice-president of the FC Barcelona marketing area, commented: “Tackling unauthorised ticket resale has been a priority of the Club’s for some time so this partnership makes perfect sense. This alliance is also aligned with the different actions that FC Barcelona has been undertaking to protect its members and season ticket holders against any situation and for purchasers of tickets for all sectors to feel safe in the knowledge that the tickets they buy are legitimate and fairly priced.”
Neo Sala, founding director of FEAT and founder and CEO of Doctor Music, added: “We’re delighted to bring FC Barcelona, our first non-music member, on board to continue our fight against unethical ticket resale. This strengthens our voice, building a united front on the issue across entertainment and live events. In this way, FC Barcelona becoming FEAT’s first sports member, Barcelona will now become FEAT’s official home city, and will host its Annual General Meeting there every year.“
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.”
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.
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.”
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.”
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.
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 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.
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.
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.
The Face-value European Alliance for Ticketing (FEAT) has published a guide for agents and promoters to stop scalping.
Launched by Eurosonic keynoter, MCT-Agentur’s Scumeck Sabottka, “Stop Touting: A Guide to Personalised Tickets in Europe” includes a step-by-step on how to implement a tout-proof personalised tickets system. It shows how ticket personalisation can be done successfully and straightforwardly, without risking long entry queues or putting your reputation as an agent or promoter on the line.
The guide also surveys the landscape across Europe, including: – The size of the issue in various European countries – Specific rules and regulations to be aware of in each territory – Suggested ticketing platforms that can be used to curb touting.
As live shows resume, it is important that the industry sets the foundations for a full recovery, and solving the touting problem is intrinsic to this.
Worth an estimated €2.7bn in 2019, the secondary ticketing market was valued at €1.66bn in 2020 for Europe in spite of the pandemic, and is predicted to grow to €2.29bn by 2023 (Intellectual Research Partners). These billions, taken from fans, prevent them attending other concerts or buying merchandise or refreshments.
While the EU reviews its digital policy and the lack of fairness in the market, we cannot rely on regulators alone to solve the problem. The industry must come together to find workable solutions to tackle touting and establish a stronger, healthier live business. This guide aims to become a part of this.
Said Scumeck Sabottka, CEO, MCT-Agentur and FEAT Director: “This guide uses our experience of ticket personalisation, gleaned from multiple tours and arena shows, to show it can be done straightforwardly and successfully.
“My hope is that the live business will use this pandemic-induced standstill to improve the way we sell tickets, and protect artists, fans and our own businesses from these ticket touting vampires”.
Added Nicole Jacobsen, Managing Director and Co-Owner of tickets.de “Personalised ticketing is all about protecting fans from scalpers. I really hope this guide can begin to give the live sector the confidence it needs to make personalised ticketing part of its practice.”
FEAT Director Sam Shemtob commented: “Navigating the various markets across Europe, with different ticket laws in different states, can be difficult. With this guide, we hope to make things a little easier for artists, managers, agents and promoters who want to do the right thing.”
FEAT would like to thank all who contributed to this project, including Pearle* — Live Performance Europe and Managing Director and Co-Owner of tickets.de Nicole Jacobsen.
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.
17 April 2019:- MEPs have today voted to outlaw the use of specialised software (“bots”) to circumvent ticket purchasing rules, including maximum buying limits. The move, which marks the first time the EU has directly addressed the issue of ticket resale, will also strengthen existing regulation by requiring resellers to declare if they are a professional seller.
Captured as part of an initiative to
strengthen consumer rights and enforcement, the legislation sets the minimum
standard by which Member States must abide, and will allow for more stringent
provisions at national level, such as a complete ban on resale for profit.
Where there are bot measures already in place, such as in the UK, the ruling
will strengthen the hand of enforcement agencies, helping pave the way for a
fairer ticketing market.
This is the first time that the world’s largest
trading bloc has set a common standard for ticket resale in cultural and sports
events. A harmonised approach will prove critical in dealing with scalping, as
secondary ticketing companies often exploit the gaps between different
countries’ legislation.
Bots enable scalpers to make multiple ticket
purchases, pushing real consumers to the back of the queue. These tickets are
then resold at ridiculously inflated prices on secondary ticketing platforms. A
2019
study of bot activity estimated that 42.2% of activity on primary ticketing
platforms is attributable to bots compared to 56.9% human activity. The issue
is only likely to worsen as technology improves: the number of sophisticated
bots detected was 12.3% higher in 2019 than 2018.
Daniel Dalton MEP, member of the European
Conservatives and Reformists Group and rapporteur of the revised Unfair
Commercial Practices Directive in which the new legislation is captured, said:
“Everyone apart from touts lose out
from bot bulk buying of tickets, real fans either are unable to see their
favourite team or artist or forced to pay many times the face value price,
whilst event organisers are seeing their purchasing limits flagrantly violated.
So this first ever ban at a European level is an important first step, with the
possibility to go further in future depending on how the ban works in practice.”
Sharon Hodgson MP, Member of Parliament for
Washington and Sunderland West and Chair of the APPG on Ticket Abuse said: “It is welcome that the EU Parliament have
today voted to ban bots, which harvest tickets from the primary market in order
to sell for high profits on the secondary market. This new regulation
harmonises Europe with existing UK law on bots, and also allows member states
to strengthen existing legislation, which will protect consumers. Fans across
the world must not be priced out by the secondary ticket market using
parasitical methods to get tickets.”
Per Kviman and Virpi
Imonnen at the European Music Managers Alliance (EMMA) said: “This is a
positive step. The EU Parliament has recognised the growing public concern
about consumer exploitation in the secondary ticketing market. However, the
banning of “bots” is one small piece of the jigsaw. Tackling this issue requires
a more comprehensive approach, and we hope there is potential to build upon
this move.”
Johannes Ulbricht, lawyer for German Promoters
Association BDKV added: “BDKV supports
the initiative of FEAT, which is definitely a step into the right direction.”
Sam Shemtob and Katie
O’Leary of FEAT commented: “We welcome the move to curb the use of bots in
this first Europe-wide anti-touting law. As well as requiring professional
sellers to identify themselves, it also enables member states to go further and
potentially regulate the resale price of tickets.
“Most importantly, this represents the first step in
harmonising regulation across Europe. This approach is critical as we know
secondary ticketing companies like to exploit regulatory gaps. There is still
much to be done and we will be campaigning for tougher legislation in the next
parliamentary term.”
Representing promoters, managers, trade bodies
and grassroots consumer action groups, FEAT raised awareness of the issue at EU
level. This included helping propose text and coordinating lobbying for this
legislation’s inclusion.
Outside of the UK, it follows the introduction
of targeted bot legislation in the US, Ontario, South Australia and New South
Wales.
StubHub, an online ticket exchange company owned by eBay, argue in a recent Complete Music Update article that our “aims to restrict the resale of tickets by touts for profit online could be harmful to consumers“, among other things.
In response, one of our Directors Scumeck Sabottka has issued the following statement:
While we agree on the importance of a secure environment for fans to resell tickets when they can no longer attend a gig, we disagree on the need for this to involve price-hiking to the value of €8bn annually.
FEAT advocates for transparency in ticketing as our website attests. However, on that subject, we question why it took a CMA investigation for Stubhub to commit to telling UK ticket buyers what they are buying, whether they are buying from a business and whether their ticket might not actually get them into the event.
Both artists and fans want face value resale. We note the closure of Seatwave and GetMeIn! in the UK, the success of face value resale platforms like Twickets in the UK and Spain, and the fact that countries like Ireland are moving towards a face value resale only policy. We hope StubHub will catch this wave and work with organisations like ours towards a resale ecosystem that is truly fan first.
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)
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