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Nessun illecito di Live Nation sui biglietti degli U2

La vicenda dopo il caso di secondary ticketing relativo ai due concerti a Roma degli U2La pronuncia del Tribunale di Roma viene aspramente criticata dal Codacons

Non ci fu nessun illecito nella vendita dei biglietti per gli show degli U2 il 15 e 16 luglio scorsi a Roma. Lo annuncia Live Nation, la società organizzatrice dei due concerti, citando l’ordinanza pubblicata ieri dal Tribunale di Roma a seguito del reclamo promosso dalla stessa Live Nation contro il ricorso d’urgenza della Siae. Siae, dopo il rapido esaurimento dei biglietti online, aveva sollevato un caso di secondary ticketing (ovvero bagarinaggio via web) e ottenuto un’ordinanza a suo favore che ora, dice Live Nation, viene revocata «definitivamente».

«Il rapido esaurimento dei biglietti nel canale ufficiale di vendita online e la loro immediata disponibilità sui siti di reticketing non sono ascrivibili ad un presunto comportamento illecito di Live Nation bensì “al fatto, del tutto evidente, che ai prezzi di vendita ufficiali la domanda di acquisto è ampiamente eccedente l’offerta disponibile”», spiega la società in una nota. «Il Tribunale di Roma — si legge ancora — ha precisato che “è del tutto verosimile sia che gli appassionati procedano in massa all’acquisto al momento dell’apertura della vendita sia che anche i semplici consumatori possano acquistare più biglietti di quelli che sono intenzionati ad utilizzare, contando sulla facilità di una rivendita a prezzo maggiorato”». Il tribunale, inoltre, sottolinea che il numero di biglietti finiti online risulta «tutt’altro che significativo rispetto alle dimensioni degli eventi, due concerti per complessivi 110.000 posti».

La pronuncia del Tribunale di Roma non piace però al Codacons: «Sul fenomeno del secondary ticketing il tribunale va nella direzione opposta rispetto ad Antitrust e procura di Milano — spiega l’associazione —. Infatti sia l’Autorità per la concorrenza sia i pm milanesi hanno pienamente accolto le denunce del Codacons, la prima elevando una sanzione da 1,7 milioni di euro agli operatori, i secondi chiedendo il rinvio a giudizio per nove indagati, tra persone fisiche e società, per irregolarità nella vendita online dei biglietti di concerti». Rischiano il processo per i reati di aggiotaggio e di truffa, fra gli altri, Roberto De Luca e Antonella Lodi di Live Nation Italia e Live Nation 2, Corrado Rizzato, ex amministratore di Vivo, Domenico d’Alessandro di Di.Gi. Il Codacons confida dunque «nel procedimento aperto a Milano per vedere finalmente riconosciuti i diritti dei consumatori». La questione interessa meno gli U2: il prossimo tour europeo partirà da Berlino e farà tappa a Milano l’11 e 12 ottobre.

fonte: Il Corriere della Sera

Comunicato Stampa MIBACT: Legge di bilancio, Franceschini, cultura al centro della manovra 2018 - Nasce il tax credit creatività

Nasce il tax credit creatività per le imprese culturali e creative. Viene finalmente riconosciuta e definita per legge l’impresa culturale e creativa al quale viene destinato un credito d’imposta del 30 per cento dei costi sostenuti per attività di sviluppo, produzione e promozione di prodotti e servizi culturali e creativi.

JAPANESE MPS TO TABLE ANTI-ONLINE TICKET TOUTING BILL

The Parliamentary Group on Live Entertainment aims to outlaw for-profit online resale ahead of the 2020 Olympics, bringing the law into line with the street selling ban.

A coalition of Japanese parliamentarians are to submit a bill to the House of Representatives to regulate Japan’s increasingly controversial online secondary ticketing market.

Liberal Democratic Party (LDP) members of the Parliamentary Group on Live Entertainment met on 7 December to author the bill, which would mandate all tickets resold on the internet include information about the event’s date, time, location and seat number; a notice that resale of the ticket is prohibited; and that the promoter has taken measures to prevent the ticket’s resale, including by checking the identity of the ticket seller.

The proposed legislation would also classify resale of tickets above face value as fraud, similar to the ban on street ticket touts. There is currently no regulation of online ticket resale, which according to the International Ticketing Yearbook 2017 is a ¥50bn ($44m) market, with Ticket Camp – currently being investigated by the police for alleged breaches of competition law – the largest player.

see more on IQ Magazine

CANADA: MARKET REPORT

A growing economy is providing Canadian consumers with more disposable income, a proportion of which is finding its way to live entertainment, reports Steve McLean.

 

Canada’s economy has led G7 nations in growth in 2017, and that momentum seems to have carried over to the live music industry to a large degree.

“It’s robust,” says Jim Cressman, president of Pentiction, British Columbia-based Invictus Entertainment Group, which books and promotes 500-700 concerts per year at multiple venues. “The right artist at the right price almost always does predictable business.”

Though no national study has yet been done on the live music industry, an economic impact analysis of the business in Ontario – Canada’s most populous province and home to the music hub of Toronto – illustrated how important it is. The Live Music Measures Upstudy showed that the industry was responsible for 20,000 full-time equivalent jobs in 2013 and that spending by live music companies and the tourism activity generated by music festivals together contributed just under C$1.2billion (€0.8bn) to Ontario’s gross domestic product.

Those numbers have likely increased, and can be extrapolated across the country, according to Erin Benjamin, executive director of Music Canada Live, which was created in the fall of 2014 to advance and promote the live music industry’s many economic, social and cultural benefits.

The concert industry received an extra boost in 2017 due to Canada’s sesquicentennial, as communities across the country often included live music in their celebrations of the nation’s 150th birthday.

While the Canadian recording industry has benefited from national sources of funding – including the Canada Music Fund, the Foundation Assisting Canadian Talent on Recordings (FACTOR), Radio Starmaker Fund, VideoFACT, PromoFACT and the SOCAN Foundation – and broadcasters being legally obliged to play a minimum amount of Canadian content, the federal, provincial and municipal levels of government also provide grants for events and festivals where live music is a major component.

“That support really makes the Canadian music business the envy of the world, quite frankly,” says Jack Ross, who heads the newly opened Canadian office of the Los Angeles-based APA talent agency along with Ralph James.

 

see more on IQ Magazine

SH BLASTS NEUTERED ONTARIO REGS AS ‘BAD FOR FANS’

 

In an open letter to ticket buyers, StubHub's Jeff Poirier says the new Ticket Sales Act, stripped of its transparency provision, is a "disappointment for fans like you".

StubHub’s general manager for concerts and theatre in North America, Jeff Poirier, has penned an “open letter to fans” criticising Ontario’s abandonment of the planned ticket transparency provisions in its new Ticket Sales Act, which passed into law yesterday.

In its current form, the Ticket Sales Act caps the price of resold tickets at 150% of face value, bans ticket bots and requires business selling or reselling tickets to disclose certain information, including the capacity of the venue, the number of tickets on general on-sale and the original face-value ticket price.

It also originally required ticket sellers to disclose how many tickets are available to the public for a given event seven days before they go on sale – a provision abandoned last month following reported opposition from the concert industry. Among those believed to have pushed back against the transparency clause were Live Nation/Ticketmaster Canada and industry association Music Canada Live; according to local media, Ticketmaster’s Canadian COO, Patti-Anne Tarlton, told Ontarian parliamentarians that revealing total ticket numbers “could enable [touts] to better use bots to buy bulk tickets where they’re known to be scarce”.

Poirier disagrees, and in the open letter, published yesterday, says the stripped-back legislation will be remembered for its “unintended consequences” on ordinary ticket buyers – and push the secondary market underground.

“Today, the Ontario Liberals passed their Ticket Sales Act,” he writes. “Consultations were initially approached with the best of intentions: increase transparency on availability of tickets on the marketand level the playing field so you have better access and more insight into the ticket buying process. In the end, this legislation will be known more for its unintended consequences than its protection of fans like you.

“In its original form, the Ticket Sales Act banned the use of bots to procure tickets, required ticket businesses to disclose more information to consumers and capped the resale price of tickets. Yet the government has maintained proposals that set fans back and stripped important transparency requirements that could have truly benefited you.”

While he reiterates StubHub’s previously expressed support for banning ticket bots, Poirier cites the January 2016 study by New York attorney-general Eric Schneiderman – which found that up to 75% of tickets are being held back from the general public – as evidence that “the issues impacting ticket access are broader than just bots”, which many consider to be only a small part of wider structural issues affecting the ticketing sector. This shortage of publicly available tickets, he continues, “is one of the reasons why you see popular shows ‘sell out’ so quickly”.

“The original legislation required ticket sellers to disclose how many tickets were actually being made available for sale – a simple concept that would provide you better insight into the actual availability of tickets,” writes Poirier. “This is the very issue the proposed legislation was trying to solve. Yet, the government chose to remove this critical provision from the legislation, citing pressure from the live entertainment industry as a prevailing reason over establishing transparency for Ontario fans like you.

“At StubHub, we understand transparency is important across the entire ticket industry, not just in the resale market. You should be able to know how many tickets are available for an event, what your seats will look like and how much you’re going to pay for them. Only in that circumstance can you make a purchase that you truly feel good about.”

“YOU SHOULD BE ABLE TO KNOW HOW MANY TICKETS ARE AVAILABLE FOR AN EVENT, WHAT YOUR SEATS WILL LOOK LIKE AND HOW MUCH YOU’RE GOING TO PAY FOR THEM”

“When it comes to price caps,” he continues, “StubHub joins the industry in opposing this measure. This proposal stands to negatively impact Ontario fans like you and Ontario-based businesses like StubHub as ticket resales are driven off platforms that have robust consumer protections. Ticket resale prices will continue to be driven by supply and demand, not by arbitrarily set price caps. The fact is, if a venue holds 20,000 fans, but 100,000 fans want to attend the performance, ticket prices will reflect that demand. If the established market rate exceeds the 50% cap established by government, those sales won’t stop or adapt to reflect the price caps – they’ll just occur at their true value through channels the government cannot regulate. It will happen on street corners where the risk of counterfeit and fraud is significant, and no guarantees are in place; or it will happen on ticket resale websites located outside of jurisdiction of the Ontario government. Either way, you and businesses that have invested in the province will be hurt.

“Consumers benefit from a competitive ticket market where transactions occur through secure channels that prioritise fans. At the same time, it is important to incentivise and encourage this ecommerce to remain right here, in Ontario.

“We have said from the onset that we believe there is a better way for the industry and for you. It’s our mission at StubHub to connect you to incredible live event experiences, and to do so safely and securely by including money back guarantees and fraud prevention measures. This legislation is a disappointment for the ticketing industry, and a disappointment for fans like you.”

see more on IQ Magazine

UK TRADING STANDARDS ARRESTS FOUR IN ANTI-TOUT RAIDS

Martedì 12 dicembre, gli agenti dei National Trading Standard hanno condotto incursioni in una serie di proprietà in tutto il Regno Unito", afferma un portavoce del National Trading Standards in una dichiarazione. "Questi raid fanno parte di un'indagine in corso che esamina le pratiche sleali nel mercato del ticketing secondario.

 

British consumer protection body National Trading Standards has made four arrests as part of its investigation into the business activities of large-scale secondary ticket sellers.

The existence of the investigation, which began in April 2017 and focuses on “businesses that buy and sell tickets in bulk”, was revealed last month when news broke that competition watchdog CMA had raided the London offices of StubHub and Viagogo. It is believed to be codenamed ‘Operation Electra’.

The arrests are linked to alleged breaches of the Consumer Protection from Unfair Trading Regulations act of 2008, the UK version of the EU Unfair Commercial Practices Directive, which seeks to protect consumers from “unfair, misleading or aggressive selling practices”.

While National Trading Standards has not named the four individuals, or the companies they represent, Viagogo in particular has been criticised for masquerading as an ‘official site’ for concert tickets, which could potentially breach the 2008 legislation. It was also recently criticised by French authorities for allegedly misleading consumers on the number of tickets available by suggesting they are about to sell out.

“Yesterday (Tuesday 12 December), officers from National Trading Standards conducted raids at a number of properties across the UK,” a National Trading Standards spokesperson says in a statement. “These raids are part of an ongoing investigation looking into unfair practices in the secondary ticketing market and particularly the practices of businesses that buy and sell tickets in bulk.

See more on IQ Magazine

ANOTHER LEGAL DEFEAT FOR TICKET FEES IN AUSTRIA

Following an earlier decision by the Commercial Court, the Higher Regional Court of Vienna (OLG) has also found against CTS Eventim's oeticket over delivery charges.

Another judge has sided with the Austrian Consumers’ Association (VKI) in its legal dispute with CTS Eventim over the fees it levies on print-at-home tickets.

In August Vienna Commercial Court, a court of first instance, found that the fees on tickets sold via CTS’s oeticket website, which charges €2.50 for ‘print @ home’ and mobile tickets and €1.90 for those picked up from branches of Libro or oeticket’s own box offices, are “unusual and disadvantageous” for consumers and inadmissible under Austrian law.

The lawsuit by VKI against CTS Eventim last week reached the Higher Regional Court of Vienna (Oberlandesgericht Wien, OLG), which on 5 December similarly ruled the fees to be illegal, although the verdict is not yet legally binding.

According to VKI, the OLG took particular exception to the fact oeticket does not offer a fee-free delivery option, leaving the consumer with no option but to pay them.

“We hope in the interest of ticket buyers that this judgment will be final, meaning consumers are [finally] able to purchase tickets without these additional costs,” says VKI lawyer Joachim Kogelmann.

see moore on IQ magazine

THE ENVY OF THE WORLD’: HOW PUBLIC FUNDS BOOST CANADIAN MUSIC

Financial support from local and federal government is a key part of Canada's live music success, says one of its most senior booking agents

Agent Jack Ross, the newly appointed co-head of APA in Canada, has hailed Canadian authorities’ support for music businesses as being key to the health of its thriving live music industry.

Speaking to IQ for issue 74’s Canada market report, Ross identifies the grants provided by federal, provincial and municipal governments for events where live music is a major component as a significant contributor to the success of Canada’s concert market, which at US$711m (C$907m) is the world’s seventh largest (see PwC figures from the ITY 2017).

“That support,” he says, “really makes the Canadian music business the envy of the world, quite frankly.”

“It’s robust,” agrees Jim Cressman, president of Pentiction, British Columbia-based Invictus Entertainment Group, which books and promotes 500–700 concerts per year at multiple venues. “The right artist at the right price,” says Cressman, “almost always does predictable business.”

Though no national study has yet been done on the live music industry, an economic impact analysis of the business in Ontario – Canada’s most populous province and home to the music hub of Toronto – illustrates how important it is to the Canadian economy.

The Live Music Measures Up study showed that the industry was responsible for 20,000 full-time equivalent jobs in 2013 and that spending by live music companies and the tourism activity generated by music festivals together contributed just under C$1.2bn to Ontario’s gross domestic product.

While optimism was expressed by most people interviewed for the market report, the Canadian live music industry isn’t without its challenges. These include the secondary ticketing market, which the Ontario government is trying to curtail with new (albeit not universally supported) legislation, and the low value of the Canadian dollar compared to its American counterpart, which can in turn work to the advantage of homegrown artists who get paid in ‘loonies’.

“Every time we put an offer in for a US artist, a dollar is costing us C$1.35,” says Louis Thomas, president and owner of Sonic Entertainment Group, a Halifax, Nova Scotia-based concert promotion and artist management company that also owns a record label and recording studio. “That has a big impact on ticket prices, at the end of the day.”

Read the full market report, which focuses on Canada’s major promoters, venues, festivals and more, here.

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