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Russia charges four over concert hall massacre

Russia has charged four people with committing an act of terrorism over Friday’s massacre at Crocus City Hall.

At least 137 people were killed and more than 150 wounded in the assault on the concert hall in the town of Krasnogorsk, on the outskirts of Moscow.

Gunmen stormed the venue, prior to a gig by veteran Russian rock band Picnic, who had been due to perform two shows over the weekend with a symphony orchestra. Around 6,200 people are thought to have been in the hall at the time, and the venue’s roof also collapsed after the attackers set fires which engulfed the venue.

All entertainment and mass events were cancelled across Russia in the wake of the incident, and a day of mourning was observed for the victims. The BBC reports that rescuers are continuing to search the site for further victims, in an operation that will continue through to Tuesday afternoon.

The Islamic State (IS) group has claimed responsibility for the 22 March atrocity – the deadliest terror attack on Russia in two decades – and posted video evidence showing attackers firing on the crowd.

“Isis bears sole responsibility for this attack. There was no Ukrainian involvement whatsoever”

Russia’s state news agency TASS says the four suspects have been officially identified as citizens of Tajikistan and have been remanded in custody until at least 22 May. The men were arrested in the Bryansk region, 400km south-west of the Russian capital, around 14 hours after the attack. All appeared to have been beaten before yesterday’s (24 March) hearing at Basmanny District Court in Moscow.

On 7 March, the US Embassy in Russia issued a security alert saying it was monitoring reports that “extremists” had “imminent plans to target large gatherings in Moscow, to include concerts”.

Russian officials have alleged, without evidence, that Ukraine had “prepared a window” for the terrorists to cross the border from Russia into Ukraine. – a claim Kyiv has dismissed as “absurd”. The US also says that IS “bears sole responsibility”.

“There was no Ukrainian involvement whatsoever,” says US national security council spokesperson Adrienne Watson.

Meanwhile, France has raised its terror level to the highest level, with president Emmanuel Macron stating the group allegedly behind the Russia attack had also recently attempted multiple attacks in France.

 


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Metallica’s Covid insurance lawsuit rejected

California’s court of appeals has dismissed Metallica’s lawsuit demanding more than $3 million (€2.75m) in losses for concerts cancelled due to the pandemic.

The band sued Lloyd’s of London over six axed South American dates in 2020, saying they had acquired a standard cancellation, abandonment and non-appearance insurance policy to cover their losses if any of the tour was postponed or cancelled.

But Justice Maria Stratton ruled the shows were not covered by Metallica’s insurance policy because of an exclusion in the contract for any losses stemming from “communicable diseases”, reports Billboard.

The group had argued the case should have gone to trial, as a jury could have decided the gigs were cancelled for non-Covid reasons. But Stratton, who bizarrely quoted Taylor Swift in her ruling, said it was “absurd to think that government closures were not the result of Covid-19″.

“To paraphrase Taylor Swift, ‘We were there. We remember it all too well’”

“To paraphrase Taylor Swift, ‘We were there. We remember it all too well,’” she wrote. “There was no vaccine against Covid-19 in March 2020 and no drugs to treat it. Ventilators were in short supply. N-95 masks were all but non-existent. Patients were being treated in tents in hospital parking lots.

“The mortality rate of Covid-19 was unknown, but to give just one example of the potential fatality rate, by late March, 2020, New York City was using refrigerated trucks as temporary morgues. People were terrified.”

Lloyd’s has not commented on the lawsuit, except to point out that it is not an insurance company, but rather oversees and regulates a market of independent insurers.

Meanwhile, a lawsuit filed by Live Nation in 2021 against insurer Factory Mutual for failing to cover its “unprecedented” losses as a result of the concert business shutdown, is still pending.

 


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Alleged rap concert murder plot foiled

The arrests of two men has uncovered an alleged plot to murder a rapper at a gig in Austin, Texas, during South By Southwest (SXSW).

Don Lee Bennett, 39, and Pierre Laday Jones, 38, were both arrested for possession of a firearm by a felon, with Jones also facing an additional charge of harassment. A third man was also named in court documents obtained by Fox 7, but is yet to be arrested.

CBS Austin reports Jones was found with a handgun during a traffic stop on 9 March. Following his arrest, Jones  claimed to police that two of his associates – including Bennett – were planning to kill a performer that night at a show in East Sixth Street to prevent him from testifying in a court case.

“This was not a SXSW concert and there is no such thing as a VIP festival pass”

Jones alleged he was going to provide Bennett and the other man with his SXSW VIP pass to help sneak weapons into the venue, claiming he could obtain credentials due to his podcasting work. However, SXSW, which ran from 8-16 March, says there is no such thing as SXSW VIP credentials and stressed the concert was unaffiliated with the US festival.

“This was not a SXSW concert and there is no such thing as a VIP festival pass,” says an email sent to CBS.

According to the affidavit, police set up surveillance, leading Bennett to be intercepted by a SWAT team near the club on 10 March, when he was found to be in possession of a handgun and taken into custody.

 


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Bad Bunny sues fan over YouTube concert footage

Bad Bunny has launched a lawsuit against a fan who posted “bootleg” concert footage from the artist’s recent Utah show.

The Puerto Rican rapper, real name Benito Antonio Martinez Ocasio, is suing Eric Guillermo Madronal Garrone over videos recorded at his 21 February performance at the Delta Center in Salt Lake City, Utah, which were uploaded to Garrone’s MADforliveMUSIC YouTube channel.

The suit, which claims copyright infringement, violation of anti-bootlegging statute and false endorsement, was filed in the Northern District of California after Garrone, who lives in Madrid, Spain, contested the removal of the clips from YouTube.

“Each of the unauthorised bootlegs, both individually and collectively, negatively impacts the market for authorised uses of the Bad Bunny Works by, among other things, luring YouTube viewers and associated advertising revenue away from authorised videos of the Bad Bunny Works and the official Bad Bunny YouTube channel, and towards the unauthorised bootlegs,” reads the lawsuit.

YouTube took down the ten videos following a request by the rapper but – after receiving a counter-notification from the defendant – the platform informed Ocasio’s representatives that it would repost the recordings by 8 March unless a lawsuit was filed seeking injunctive relief “preventing Garrone’s continued infringements”.

“Ocasio has suffered and will continue to suffer substantial, immediate, and irreparable injury, for which there is no adequate remedy at law”

According to Billboard, Garrone is claiming “legitimate use of the content” and says the takedown notice “constitutes a serious detriment to my informative and outreach activities”.

But Osacio argues the recordings “do not qualify as fair use because, among other reasons, they are direct recordings without any transformative nature or purpose”.

“Defendants have objected to the removal of the unauthorised bootlegs from YouTube, refused to agree not to re-post the unauthorised bootlegs, and requested that YouTube reinstate the unauthorised bootlegs on the MADforliveMUSIC YouTube channel,” adds the filing.

“As a result, Ocasio has suffered and will continue to suffer substantial, immediate, and irreparable injury, for which there is no adequate remedy at law. Unless enjoined by this court, defendants will continue to infringe Ocasio’s rights in the Bad Bunny Works and in other works belonging to Ocasio. Ocasio is therefore entitled to injunctive relief to enjoin defendants’ ongoing and future infringement.”

 


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UK ticket touts convicted in ‘landmark’ £6.5m case

Two people have been convicted of fraudulently and dishonestly buying and reselling tickets for high-profile concerts by acts including Ed Sheeran.

Mark Woods, 60, and Lynda Chenery, 51, both from Dickleburgh in Norfolk, were unanimously found guilty of fraudulent trading offences today (13 March) at Leeds Crown Court. Maria Chenery-Woods, 54, and Paul Douglas, 56, entered guilty pleas earlier in the process.

The four defendants ran multi-million-pound limited company TQ Tickets, which they used to purchase hundreds of tickets for events and concerts by the likes of Lady Gaga, Gary Barlow, Liam Gallagher, Paul Weller and Little Mix, before reselling them, often at hugely inflated prices.

The trial heard the firm sold tickets worth more than £6.5 million (€7.6m) over the course of two-and-a-half years.

An investigation led by National Trading Standards’ eCrime Team found that the defendants used several dishonest and fraudulent tactics to purchase multiple tickets from primary ticket sites, circumventing the platforms’ automated systems to block multiple purchases.

“I hope this prosecution supports progress towards a step-change in the secondary ticketing market”

The defendants then used false identities to resell the tickets – in some cases at 500% more than face value – on secondary ticketing websites.

The court heard they also engaged in fraudulent trading by “spec selling” – listing tickets for sale on secondary ticketing websites that they had not purchased and did not own. Where ticket purchases could not be met, the defendants tried to make it appear that tickets had been sent by giving fake postal trackers and sending empty or torn envelopes.

“This is a landmark case for National Trading Standards and I hope this prosecution supports progress towards a step-change in the secondary ticketing market, making it easier and safer for consumers buying tickets in the future,” says Lord Michael Bichard, chair of National Trading Standards.

Stuart Galbraith, CEO of promoter Kilimanjaro Live, which co-promoted Ed Sheeran’s 2018 UK Tour, was one of the witnesses in the case, and describes the verdict as “good news for live music fans, who are too often ripped off and exploited by greedy ticket touts”.

“We welcome today’s prosecution and the strong message it sends to greedy ticket touts looking to exploit genuine live music fans,” says Galbraith.

“We want to keep ticket prices accessible for as many people as possible and hope to get everyone a good seat at a fair price”

Statements were also read out at the trial by Sheeran’s manager Stuart Camp of Grumpy Old Management.

“We want to keep ticket prices accessible for as many people as possible and hope to get everyone a good seat at a fair price,” says Camp following the verdict. “Today’s prosecution will help protect music fans and sets an important precedent in the live entertainment industry that I hope will be celebrated by live music fans.”

Chenery-Woods is Woods’ wife and Chenery sister, while Douglas is Chenery’s ex-husband. All four defendants will be sentenced at a later date.

The hearing is the latest in a series of prosecutions against ticket touts led by investigators at the National Trading Standards eCrime Team, which have resulted in prosecutions, jail terms and millions of pounds in proceeds of crime returned to the exchequer.

 


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Appeals court backs Lizzo over $5m festival fee

A US appeals court has upheld a ruling that Lizzo can keep her US$5 million booking fee for a cancelled 2020 festival in Los Angeles.

Promoter VFLA Eventco LLC filed a lawsuit against WME in July 2020, as well as artists Lizzo, Ellie Goulding and Kali Uchis, saying the parties had agreed to return monies they had been advanced in the event of cancellation of Virgin Fest due to “an uncontrollable factor”.

The acts had been scheduled to play the debut edition – which was funded by commercial real estate magnates Marc and Sharon Hagle, and run by Jason Felts, CEO of the Virgin Group’s festival arm – at the Banc of California Stadium (22,000-cap.) and Exposition Park in LA on 6-7 June 2020, before it was axed due to the pandemic.

WME insisted that Lizzo be paid 100% of the fee prior to the festival announcing her as a headliner and that Uchis and Goulding be paid 50% upon signing and the remaining 50% paid 90 days prior to their performances, emails produced for the lawsuit showed.

“As a result of the Covid-19 pandemic and in compliance with the government restrictions meant to mitigate the pandemic, VFLA cancelled the festival and demanded the return of the deposits from WME, who negotiated the performance contracts and held the deposits as the artists’ agent,” reads the court filing.

“VFLA claimed its right to the deposits under the force majeure provision in the parties’ performance contracts, which determined the parties’ rights to the deposits in the event of a force majeure cancellation. The artists refused VFLA’s demand, claiming VFLA bore the risk of a cancellation due to the pandemic.”

“Since VFLA conceded that, if the artists prevailed, WME should prevail as well, we affirm the judgement in its entirety”

VFLA sued the acts for breach of contract and breach of the implied covenant of good faith and fair dealing, plus WME for conversion, money had and received, unfair business practices and declaratory relief.

Following an initial two-year legal battle, LA Superior Court judge Mark Epstein ruled in September 2022 that clauses added by attorneys for WME to its clients’ performance contracts shifted the financial risk of cancellation onto the festival. That ruling has now been backed by a California court of appeal.

“The trial court granted summary judgement in favour of the artists and WME, finding VFLA bore the risk of the festival’s cancellation, and that WME could not be held liable as an agent for the actions of its principals,” it concludes.

“We hold the trial court properly granted summary judgement in favour of the artists and WME. The force majeure provision is not reasonably susceptible to VFLA’s interpretation, and, in any event, the parol evidence favours the artists.

“Further, we also hold the artists’ interpretation does not work an invalid forfeiture or make the performance contracts unlawful. Since VFLA conceded that, if the artists prevailed, WME should prevail as well, we affirm the judgement in its entirety.”

 


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French association Prodiss rebrands following merger

French trade association Prodiss has rebranded following a merger with the National Union of Private Theatres (SNDTP) and the Union of Cabarets and Music Halls (CAMULC).

The association will now be called Ekhoscenes, marking its expansion to all stages including music, theatre, comedy and cabaret.

Its membership comprises 600 companies and tens of thousands of employees including show producers, concert hall operators, theatre and cabaret directors, broadcasters and festival organisers.

Ekhoscenes says its objectives are representing the scenes in all its diversity, relaying the expectations and challenges of entertainment entrepreneurs, and developing an ever more daring and inclusive culture.

Ekhoscenes’ membership now comprises 600 companies and tens of thousands of employees

“From 2024, Ekhoscenes will be fully mobilised to meet the many current challenges that live performance actors, in all their diversity, are facing: the sequence of the Olympic and Paralympic Games which will greatly disrupt the activities of the live performance sector,” reads a statement from Ekhoscenes.

It continues: “The structuring of the National Music Center by contributing to an overhaul of aid and support programs in line with the evolution of the ecosystem; the strengthening of the Association for the Support of Private Theater (ASTP); the question of artificial intelligence and the need for recognition of the rights of show producers and the challenge of ecological transition with the transformation of models.”

Created in 1984, Prodiss was the first national union representing private performing arts. Its members in the live music industry include Accor Arena in Paris, the Bataclan in Paris, Live Nation France Festivals, Live Nation SAS and Mama.

 


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The Touring Business Handbook 2024 out now

The Touring Business Handbook, a brand-new resource produced by IQ in association with Centtrip, is out now.

The first edition of the handbook features a wealth of advice and information from specialists in insurance, law, visas & immigration, accountancy & tax, performance royalties and currency exchange.

“With thousands of tours heading out each year, IQ wanted to produce a single publication, updated every year, containing as much practical information as possible to help artists and their teams as they plan to cross borders,” say editors Francine Gorman and Eamonn Forde.

“When we started planning this first edition of the Touring Business Handbook, it was hugely encouraging that so many of the professionals we approached said the same thing – that this was something sorely missing from the desks of those planning, budgeting, and building tours. So in this first edition, we’ve invited contributions from many of the world’s top experts, who have kindly taken time to put pen to paper.”

Contributors include Blacks Solicitors, Bullocks Touring, MSE Business Management, Viva La Visa, PACE Rights Management, Voly Group, Miller Insurance, International Theatre Institute, Schickhardt Rechtsanwälte and Russells.

Higginbotham Insurance Agency, CC Young & Co, All Arts Tax Advisers, mgr Weston Kay, International Theatre Institute, T&S Immigration Services, Gelfand Rennert & Feldman, Tysers Live, SRLV and Centtrip have also lent their expertise.

The Touring Business Handbook is available in print, digitally, and on this dedicated year-round mini-site. To purchase a print copy of the report, get in touch.

A preview version of The Touring Business Handbook 2024 is below.

 


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IQ 125 out now: Peter Schwenkow, MVT, Gulf States

IQ 125, the latest issue of the international live music industry’s favourite magazine, is available to read online now.

The February/March edition sees DEAG founder Peter Schwenkow look back over 50 remarkable years as a live entertainment pioneer, while Derek Robertson talks to grassroots venue campaigners around the world as Music Venue Trust marks its tenth anniversary.

In addition, Lisa Henderson talks to female crew members and women backstage about the work they’re doing to pave the way for future generations, and Adam Woods shines a light on the burgeoning live entertainment markets in the Gulf States.

Elsewhere, we profile ten new festivals that are making their debut in 2024, and the full agenda for ILMC 36 is revealed.

For this edition’s comments and columns, IQ passes the mic to Cliff Fluet who previews his ILMC panel Artificial Intelligence: Moving at Light Speed, while ticketing guru Tim Chambers opines that the marriage between private equity and live entertainment has become too big to fail.

As always, the majority of the magazine’s content will appear online in some form in the next four weeks.

However, if you can’t wait for your fix of essential live music industry features, opinion and analysis, click here to subscribe to IQ from just £8 a month – or check out what you’re missing out on with the limited preview below:

 


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Two men face jail over $1.35m concert fraud

Two scammers face up to 20 years in prison after admitting a $1.35 million (€1.25m) fraud over a fake concert scheme in the US.

Terronce Morris, 41, of Missouri City, Texas, and Blake Kelly, 36, of Los Angeles, California, swindled a promoter out of $1.35m between December 2019 and March 2020, under the pretence of financing a music festival purportedly featuring acts such as Justin Bieber, Post Malone and Billie Eilish.

According to the US Attorney’s Office, Southern District of Florida, the pair instead used the money to “enrich themselves and finance a lavish lifestyle for themselves and their accomplices”, spending it on travelling, luxury goods and services, and dining at high-priced restaurants.

Morris and Kelly forged the artists’ signatures to create “several false and fraudulent” performance contracts. Additionally, they had an accomplice pose as Bieber during a video call to trick the victim into believing the singer had agreed to perform at the festival in Texas.

Morris and Kelly pleaded guilty to mail fraud, wire fraud and aggravated identity theft

The victim subsequently sent three wire transfers to Morris and also mailed him a $200,000 cheque made payable to Bieber, which Morris then deposited into his own personal account.

Morris and Kelly pleaded guilty to mail fraud, wire fraud and aggravated identity theft in Miami federal court. The Miami Herald reports the pair were charged in Miami because much of the communication happened while the victim was visiting South Florida.

Morris and Kelly, who will be sentenced in May and March, respectively, face up to 20 years in prison for the conspiracy charge, as well an additional two years in jail for identity theft.

 


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