Post-Brexit touring deal blow? The industry reacts
Live music industry leaders in the UK have played down a report that the European Union (EU) has ruled out easing post-Brexit restrictions on British touring acts.
Labour pledged to improve EU touring for UK artists by “tearing down unnecessary barriers to trade” as part of its manifesto prior to its landslide general election victory in July.
But according to internal documents seen by the Financial Times, Brussels says a deal to cut post-Brexit red tape compelling touring musicians to obtain cultural performance visas and transport permits is not possible, as it would require rewriting the EU-UK Trade and Cooperation Agreement (TCA).
Moreover, the European Commission – the executive arm of the EU – was “not prepared to consider” the necessary amendments to regulations on customs, road haulage and services.
“The briefings repeatedly warn of the need to ‘manage expectations’ in London, given [Prime Minister Keir] Starmer’s refusal to rejoin the EU single market, accept freedom of movement, or form a customs union with the bloc,” adds the report.
Insiders suggest the documents are a sign of pre-positioning from both sides as they prepare for negotiations, which cannot begin until a new commission is formed later this year. A senior EU official tells the FT it is open to compromise, adding: “We have a track record of finding solutions.”
“We welcome the renewed impetus from both sides to solve this issue, and recognise negotiations are needed to find a solution”
Jon Collins, CEO of UK trade body LIVE (Live music Industry Venues and Entertainment), remains hopeful an agreement can be reached.
“Venues, festivals, and artists across both the UK and EU are suffering under the current touring arrangements,” he says. “It is widely recognised that improvements to these touring rules are needed to bring major economic and cultural benefits to both European member states and the UK.
“We welcome the renewed impetus from both sides to solve this issue, and recognise negotiations are needed to find a solution. We agree with the EU Domestic Advisory Group’s view that the solution to touring problems could be delivered without the need to revise the Trade and Co-operation Agreement.”
The Music Managers Forum (MMF) and Featured Artists Coalition (FAC) established the #LetTheMusicMove umbrella campaign in June 2021 to galvanise the music industry’s work on the topic, calling for reductions in post-Brexit costs and red tape for UK artists and musicians when touring in Europe.
In a joint statement to IQ, MMF CEO Annabella Coldrick and FAC chief David Martin say the issue is of fundamental importance to their members.
“While this FT report raises concerns, I don’t think anyone was under any illusions that these challenges would be alleviated in the short term”
“Outside the UK, Europe has typically provided the next step up for artists and musicians looking to build a live touring career,” they said. “In 2019, it represented the largest overseas market for UK artists, four times bigger than the US. But given the increased costs they’re already shouldering to get live shows on the road, the additional burden of red tape and bureaucracy is potentially crippling for the next generation of British talent. It is vital we find a solution that allows cultural movement to flow more freely.
“While this FT report raises concerns, I don’t think anyone was under any illusions that these challenges would be alleviated in the short term. They are part of wider discussions around freedom of movement and other trading negotiations.
“Obviously, we need the UK government to be committed to finding solutions. They made a manifesto commitment to do this. With MPs returning to parliament this week, we are already in the process of reestablishing contact and pushing for urgent progress.”
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UK general election: What the live biz wants
As the United Kingdom gears up for next month’s general election, a range of music organisations have told IQ how the new government can best help the live business.
The main political parties have now put out their manifestos ahead of the 4 July vote, with varying degrees of support for the arts. Labour, the party currently leading all opinion polls to form the UK’s next government, has reiterated its pledge to cap ticket resale if it wins the election.
“Access to music, drama and sport has become difficult and expensive because of ticket touting,” it states. “Labour will put fans back at the heart of events by introducing new consumer protections on ticket resales.”
While stressing that Britain will remain outside the European Union, the party vows to improve EU touring for UK artists.
“Labour will work to improve the UK’s trade and investment relationship with the EU, by tearing down unnecessary barriers to trade,” it says. “We will seek to negotiate a veterinary agreement to prevent unnecessary border checks and help tackle the cost of food; will help our touring artists; and secure a mutual recognition agreement for professional qualifications to help open up markets for UK service exporters.”
Touring regulations also feature in the Liberal Democrats and Green Party manifestos, with the former saying it would push to “negotiate free and simple short-term travel arrangements for UK artists to perform in the EU, and European artists to perform in the UK”, and the latter promising to “ensure that musicians have access to visa-free travel to the EU through negotiating a reciprocal arrangement at the earliest possible opportunity”.
“This will be a government seeking to kickstart economic growth, and implementing the right policies to support the live music sector”
The Lib Dems also set out their desire to “protect fans from being exploited by ticket touts by implementing the Competition and Markets Authority’s recommendations to crack down on illegal ticket resale”.
The Conservatives, meanwhile, pledge to “extend our Community Ownership Fund to help more communities across the UK take control of vital community assets like pubs, music venues, libraries, green spaces, leisure centres and more”.
Stressing its support for apprenticeships as “a key pipeline of talent into our world-leading creative industries”, the party adds: “We will work with industry to deliver a dedicated flexible coordination service so that everyone who wants to work in the film, TV, gaming and music sectors can work on live productions whilst benefiting from at least 12 months of secure training.”
Jon Collins, CEO of LIVE (Live music Industry Venues and Entertainment), which serves as the collective voice of the UK live music business, says the trade body is looking forward to working with the next government on “a range of issues that require a fresh focus, considered investment and informed action”.
“With Labour likely to form that government, it is very encouraging to see many of our key asks set out in their manifesto and their action plan for the arts, culture and creative industries,” he says. “This will be a government seeking to kickstart economic growth, and implementing the right policies to support the live music sector with a value of £5.2 billion will deliver that growth – both domestically and internationally.
“Labour is committed to facilitating easier touring arrangements with the EU which will critically drive up activity; the current provisions have seen a 74% drop in activity and left orchestras either unable to tour or facing prohibitive costs. We welcome Labour’s support for our grassroots sector and look forward to working with ministers to ensure grassroots music venues are able to thrive, update them on the progress of the LIVE Trust, and ease the trading environment through business rates reform.”
“The rest of the world recognises this country as a beacon of music innovation, and it’s vital that an incoming government maximises that potential”
Collins adds: “Whilst not a manifesto commitment, we will be looking to the next government to act on the recommendations made by the Culture, Media and Sport Committee in their recent report (May 2024) on grassroots music venues to reduce VAT on tickets and undertake a comprehensive economic analysis of the impact of a reduced rate applied across the sector.
“We are pleased that Labour has committed to take forward our proposals published in our Live Music Manifesto on secondary ticketing and reforming the apprenticeship levy. LIVE will work with the next government on plans to deliver Martyn’s Law in a way that protects fans without putting unnecessary burdens on venues and festivals.”
Last week, the Music Venue Trust (MVT) published a report entitled, A Manifesto for Grassroots Music, which outlined the steps the charity says are required in order to stem the closures of grassroots music venues and bring stability to the sector.
“In 2023, of the 366 small music venues Ed Sheeran played while learning his trade, at least 150 are now closed,” said MVT CEO Mark Davyd. “Another 72 grassroots music venues significantly reduced or ended their live music offer. 38% of GMVs in the UK made a loss in the last 12 months. The sector operated on a 0.5% profit margin overall while running live music events at a £115 million loss.
“All of this can be changed if the next government delivers the five simple steps we have set out.”
Music Managers Forum (MMF) CEO Annabella Coldrick highlighted touring, the grassroots scene and streaming as key areas of concern.
“When the general election was called, the industry was in deep discussion with policy makers about reforms to music streaming and to grassroots live music,” she says. “In the next parliament, those discussions must be transformed into tangible actions – and fast! Our artists and music makers deserve nothing less.
“Underpinned by those reforms, it’s really important that music, culture and the creative industries are at the heart of the UK’s business and growth strategy. The rest of the world recognises this country as a beacon of music innovation, and it’s vital that an incoming government maximises that potential – for instance, by negotiating new improved touring arrangements for UK artists wanting to perform in Europe, and by addressing our concerns about exorbitant visa fees for the US. Both have been a real focus for the MMF, and for the FAC, with our joint #LetTheMusicMove campaign.”
“To reset the market, we want the UK to follow the example of Ireland and outlaw ticket resale for profit”
David Martin, CEO of the Featured Artists Coalition (FAC), says: “The FAC’s priority is to ensure that the momentum to drive forward artist-friendly reforms of streaming and the sustainability of the live music ecosystem continue into the next Parliament. The next government must take forward the work that was started by the Culture Media & Sport Select Committee in these areas. We can’t let progress slip.
“There are plenty of challenges facing our industry, but with a UK music strategy for growth the next government can maximise its untapped potential. Through practical changes to the way we do business – such as implementing fair royalty rates or a live ticket levy that directly supports artists – British music will thrive. The new government should legislate on these issues if industry consensus cannot be found.”
Unsurprisingly, the focus for Adam Webb, campaign manager of of anti-touting pressure group FanFair Alliance, is on cleaning up secondary ticketing.
“To reset the market, we want the UK to follow the example of Ireland and outlaw ticket resale for profit,” he tells IQ. “Thankfully, because of FanFair’s campaigning, this is firmly on the radar of politicians. The Labour Party has already committed to introducing a 10% cap on resale prices, and action against ticket touting is one of the key music-related pledges in their manifesto. The Liberal Democrats also have a manifesto commitment to clamp down on speculative ticketing and other anti-consumer practices.
“Alongside that, I’d like to see the Competition & Markets Authority provided with new enforcement powers. The UK’s ticket resale market is not highly regulated. We need that to change, and for capped consumer-friendly ticket resale to be made more visible and viable.”
Meanwhile, the Association of Independent Festivals (AIF) plans to resume its Five Percent For Festivals campaign – calling for a reduced VAT from 20% to 5% on ticket sales for the next three years – post-election.
“We are delighted to see so many references to music and meaningful commitments that will change our members’ lives for the better”
“I think there will be intervention. My concern is that by the time something does happen, how many [festivals] will have gone?” AIF CEO John Rostron told IQ earlier this month. “What’s good for us is there is an election about to happen, so we’ll have a new group of politicians with a five-year mandate, and that is stronger to work with than where we were, which was with a group of MPs that didn’t know how long their futures would be.”
Elsewhere, the Musicians’ Union (MU) has welcomed the Labour Party Manifesto, saying it tackles many of the issues the organisation has raised with the party on behalf of members.
“The MU is Labour-affiliated and, along with fellow unions, we have been involved in shaping policy for a Labour government for many years now,” says MU general secretary Naomi Pohl. “Having not had significant access to Conservative ministers, with a few notable exceptions, we have a chance of a government that prioritises the arts and wants to engage with us on issues facing musicians.
“This is the first time that the MU has been so directly involved in the Labour Party manifesto process and had a chance to influence the final document. We are delighted to see so many references to music and meaningful commitments that will change our members’ lives for the better.
“While we know our membership is a broad church politically, we would be missing a once in a generation opportunity if we didn’t encourage musicians to vote Labour. This is an opportunity to shift the dial for the creative workforce of today and tomorrow.”
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CMS calls for ticket levy for grassroots venues
The Culture, Media and Sport (CMS) Committee has backed calls for a new arena and stadium ticket levy, plus tax relief, to safeguard UK grassroots music venues (GMVs).
The recommendations feature in a new report from the cross-party committee, which launched the inquiry at the Music Venue Trust’s (MVT) Venues Day in October 2023 and heard about the “cost of touring crisis” facing the sector, against a backdrop of small venues closing at a rate of two per week.
It says that a voluntary levy on arena and stadium concert tickets – as lobbied for by the MVT – would be the most feasible way to have an immediate impact on the business, creating a support fund for venues, artists and promoters, administered by a trust led by a sector umbrella body, and is appealing for the industry to ensure the levy cost is not passed on to music fans. In addition, it is calling for a temporary VAT cut based on venue capacity.
The conclusions have been warmly welcomed by bodies including the MVT, along with trade bodies LIVE (Live music Industry Venues & Entertainment), UK Music, the Music Managers Forum (MMF) and Featured Artists Coalition (FAC).
“These recommendations provide a clear pathway forward to a positive future for the UK’s grassroots music venues, a set of actions that are deliverable, affordable, and will genuinely have a positive impact on live music in communities right across the country,” says MVT CEO Mark Davyd. “We look forward to working with the music industry and with the government to deliver on these recommendations as swiftly as possible.”
Davyd owns Tunbridge Wells Forum in Kent, which recently pledged to become the first venue in the UK to introduce a grassroots ticket levy. Throughout this month, £1 from every ticket sold will be donated to the Music Venue Trust’s (MVT) Pipeline Fund at no additional expense to customers.
The MVT has described 2023 as the most challenging year for the sector since the trust was founded in 2014, as the number of GMVs falling from 960 to 835.
“It’s clear that the committee has recognised the many challenges faced by venues, promoters, events and artists at the grassroots level, and the steps required to address them”
“We would like to thank all the thousands of music fans that have supported our work across the last 10 years,” adds Davyd. “It has taken much longer than any of us would have liked to get the positive change we all wanted to see, but we could not have achieved this fantastic outcome without your continued support for your local live music venue.”
If there is no agreement by September, or if it fails to collect enough income to support the sector, the report says the government should step in an introduce a statutory levy.
“It’s clear that the committee has recognised the many challenges faced by venues, promoters, events and artists at the grassroots level, and the steps required to address them,” says LIVE CEO Jon Collins. “LIVE set out to the committee the actions we believe that the government needs to take to help unleash the economic potential of the sector, such as a reduction in the damaging and uncompetitive rate of VAT on tickets, as well as the actions that sit with us as an industry, notably the creation of a charitable arm, the LIVE Trust.
“We are pleased that the committee’s report addresses both of these matters positively and has entrusted our sector to implement the industry-led solution of a voluntary levy on arena and stadium tickets, gathering and distributing funding that will benefit the whole grassroots music ecosystem. We look forward to working with government on the review of VAT and regularly updating on our progress on the LIVE Trust.”
“Grassroots music venues are a crucial part of the music industry’s ecosystem and have been faced with a series of unprecedented threats for a number of years,” adds UK Music interim chief executive Tom Kiehl. “We welcome the House of Commons CMS Committee taking the opportunity to consider the challenges these venues and the artists that tour in them face.”
Artists and managers previously spoke out in favour of the MVT’s calls for a compulsory £1 levy on tickets sold for UK live music events above 5,000-cap during evidence sessions held in March.
“As the organisations representing artists and managers, we wholeheartedly endorse all the committee’s recommendations,” says a joint statement by FAC CEO David Martin and MMF chief executive Annabella Coldrick. “Most important is their recognition of the ‘cost of touring crisis’, and that the benefits of a ticket levy must flow down to artists, managers, and independent promoters – as well as to grassroots music venues. The entire ecosystem needs support. While we still believe this mechanism should be mandatory, the clock is now ticking to get a process in place before September 2024.”
“The ongoing wave of closures is not just a disaster for music, performers and supporters in local communities up and down the country, but also puts at risk the entire live music ecosystem”
Among the report’s other recommendations are for the government and Arts Council to make it easier for the live music sector to apply for public funding and for stakeholders across the industry to continue to support the FAC’s campaign to end punitive fees on artists’ merchandise.
“We are also delighted to see the committee endorse the 100% Venues campaign, and hope this will trigger action from the UK’s largest live music venues to overhaul outdated practices on merchandise commissions,” continue Martin and Coldrick. “The sale of T-shirts, vinyl and other physical products represent a crucial income stream for artists. It is only fair that they should retain the bulk of that revenue.”
In closing, the report also calls for a comprehensive fan-led review to be set be set up this summer to examine the long-term challenges to the wider live music ecosystem.
“We are grateful to the many dedicated local venues who gave up their time to take part in our inquiry,” says Dame Caroline Dinenage MP, chair of the CMS Committee. “They delivered the message loud and clear that grassroots music venues are in crisis. The ongoing wave of closures is not just a disaster for music, performers and supporters in local communities up and down the country, but also puts at risk the entire live music ecosystem.
“If the grassroots, where musicians, technicians, tour managers and promoters hone their craft, are allowed to wither and die, the UK’s position as a music powerhouse faces a bleak future. To stem the overwhelming ongoing tide of closures, we urgently need a levy on arena and stadium concert tickets to fund financial support for the sector, alongside a VAT cut to help get more shows into venues.
“While the current focus is on the many grassroots music venues falling silent, those working in the live music sector across the board are also under extraordinary strain. It is time that the government brought together everyone with a stake in the industry’s success, including music fans, to address the long-term challenges and ensure live music can thrive into the future.”
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Artists and managers back calls for UK ticket levy
Artists and managers have backed the Music Venue Trust’s (MVT) calls for a compulsory £1 levy on tickets sold for UK live music events above 5,000-cap.
Music Managers Forum vice-chair Kwame Kwaten and Featured Artists Coalition (FAC) CEO David Martin both expressed their support for the proposal during evidence sessions held in parliament today by the Culture, Media and Sport Committee to explore the ongoing crisis in the grassroots music sector.
Back in January, the MVT revealed in its annual report that 2023 was the worst year for UK venue closures since its launch a decade ago, with 125 venues closing their doors – a rate of two per week – and 38% of members reporting a loss.
“The first impact we need to recognise is that is 125 communities that have lost access to live music on their doorstep, and the impact on those communities… is very traumatic,” said Davyd. “In terms of the short term economic impact, those 125 venues will have provided 16% of all the performance opportunities in the UK. About 4,000 jobs have come under threat or have been lost.
“Our proposal in the UK is £1 per ticket for arena and stadium shows that would create a sustainable fund that could be administered by ourselves, by other people concerned for promoters, for artists, and create a fund where everybody can go so they can take risks with their programming and really give artists the first step on the ladder they need.”
A proposed levy could take three forms. A statutory levy imposed by government, an industry-mandated levy on all qualifying shows (which LIVE CEO Jon Collins pointed out might fall afoul of competition law) or a voluntary levy adopted by different artists, venues or promoters.
Industry umbrella trade body LIVE is in the process of establishing a LIVE Trust as a mechanism to distribute funds to the grassroots sector, and while the concept has been lobbied for – and brought to the attention of government – by Music Venue Trust, today’s hearing saw promoters, artists and managers also stake a claim to any potential funds filtering back to the grassroots sector.
“All of my members will tell you one of their biggest concerns, frankly, is the artists cannot afford to tour,” Davyd said. “It’s not just the venues aren’t there to play in, it’s also the venues are standing empty when they could be putting on bands, because bands cannot afford to put on the show.”
“You don’t get to Ed Sheeran playing two shows last year at The O2, unless he played The Bedford in Balham”
Ferocious Management MD Kwame hailed the ticket levy proposal as a “great initiative”.
“We do support that,” he said. “This whole thing about supporting the level of one person in a show up to 1,000 is absolutely crucial, because you don’t get to Ed Sheeran playing two shows last year at The O2, unless he played The Bedford in Balham, unless he played the Queen of Hoxton with iluvlive promoting. Unless artists and managers are supported from zero to 1,000-people venues, you won’t reach that level.”
Martin said he was open-minded about the idea, which he described as a “relatively complex topic”.
“It would need to be on top of the ticket fee,” he argued. “It can’t be a downward pressure on artists or a voluntary thing, where you have some artists – potentially British artists – saying, ‘Yes, we’re very happy with the levy.’ And then you’ve got foreign artists coming to the UK saying, ‘We’re not prepared to do this.’ It creates an uneven playing field.
“With the right will, government could really help the industry coalesce about how a levy would be collected and distributed.”
But while the FAC was in favour of government intervention in a levy, John Drury, National Arenas Association chair and VP and general manager of OVO Arena Wembley, was less enthusiastic.
“The reality of £1 a ticket for us – given many of our venues are managed on behalf of private landlords, city councils charitable trusts – would be something like a 20% cut in our EBITDA, so it’s not a few grains of sand, it is quite significant,” he pointed out. “Or angle is more that this is a problem for the industry as a whole and it goes right through the live level to artists, managers, agents, promoters, venues and anybody else associated with that system. We’re all very interdependent.”
“The reality of £1 a ticket for us… would be something like a 20% cut in our EBITDA, so it’s not a few grains of sand, it’s quite significant”
Kilimanjaro Live boss and Concert Promoters Association vice chair Stuart Galbraith also spoke in favour of a voluntary levy and cited Enter Shikari’s efforts to donate £1 from their 2024 UK tour to grassroots music venues via the MVT’s Pipeline Investment Fund.
“I think it’s realistic to expect that within the larger music industry, any sort of charge is not going to be absorbed by the industry it will get passed on to the customer,” he said. “If you place it outside the ticket, and if the charitable trust had charitable status, there would be no VAT deduction, there would be no PRS deduction, there would be no venue share and 100% of that money would reach the actual targets.”
The hearings were marked by clear divisions across the various sectors of the business, although all participants agreed that UK government should reduce VAT on concert tickets to something in line with many other European markets, such as the 5.5% rate paid in France. An idea which committee MPs said HM Treasury was highly unlikely to adopt.
On a proposed VAT cut, the position of industry umbrella trade body LIVE was at odds with its members: A blanket 5% VAT rate on tickets has been a principle manifesto point of LIVE for several years, while Drury told MPs that arenas “didn’t need” the rate cut, and Galbraith said a reduction should only be in venues up to 1,000-capacity. Davyd, meanwhile, said that a VAT cut for small venues “still wouldn’t make grassroots venues sustainable”.
“The single biggest change the committee could recommend to make grassroots venues and the ecosystem viable would be that of VAT”
“The VAT cut during a pandemic literally made the difference between us being able to promote shows or not promote shows,” said Galbraith. “The 20% tax burden versus 5% literally meant that we could do 100 more shows that year as we came out of pandemic and we now look at those shows, and they are just not viable. They never reach past the spreadsheet.”
Anna Moulson of the Association of Independent Promoters (AIP) agreed: “Five percent [VAT rate] over lockdown was so welcome with our members because it meant that we could break even which meant we could cover costs and actually make money, which is very surprising on the grassroots level. Some of our members are now turning down grassroots shows in order that they can be below the threshold of having to be VAT registered, so that means less artists will be taken on by promoters and developed by them.”
“We are overrun with people who’ve had a hit on TikTok, desperately now trying to build the grassroots audience that gives them a sustainable career”
In response to a comment that some artists were breaking online and performing at arenas without having toured through grassroots venues, Davyd said there had been a “remarkable turnaround” over the past two to three years.
“We are overrun with people who’ve had a hit on TikTok, desperately now trying to build the grassroots audience that gives them a sustainable career,” he said. “It’s a big thing in our sector for people to now be going out on tour, having jumped forward and then realised, ‘Wait a minute, I don’t have the deep connection with my fans that I get from being in a room with 250 other people.'”
Other topics discussed during the hearing included PRS fees in small venues, with both Moulson and Davyd arguing that much of the fees collected go into a “black box” of unattributed income which is then passed to artists with the most airplay annually. “It’s a reverse Robin Hood effect where income from small venues is going back to the biggest artists”, said Davyd.
PRS for Music’s Gavin Larkins also outlined that a Tariff LP review was due to begin after the summer with a target date of being concluded by Q2 2025.
While there was consensus that the UK grassroots scene was in dire need of intervention, the precise mechanism for that support remains a divisive topic. With artists and managers also now backing the call for a levy, the findings of today’s hearings – due to be published in April – will likely see a strong recommendation for more support for the grassroots sector from the larger venues and operators in the UK. The recommendation is even more likely given that it would reduce or remove the need for the UK Government to act itself in supporting the grassroots sector.
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Musicians’ Union backs FAC’s 100% Venues scheme
The UK’s Musicians’ Union (MU) has given its backing to the Featured Artists Coalition’s (FAC) 100% Venues initiative, which encourages venues to allow artists to sell merchandise without charging commission fees.
The FAC launched the 100% Venues scheme – a public directory of music venues that charge zero commission on the sale of merchandise – in 2022 in a bid to address the “outdated and unfair” practice of performance spaces taking a cut of acts’ merch proceeds at gigs.
The MU, which represents over 32,000 musicians working in all sectors of the music business, says the work being done by the FAC to highlight the issue aligns with its own Fair Play Venue database, which includes details of UK venues that have committed to engage artists in line with the Fair Play Guide.
“We’re delighted to show our support for the 100% Venues initiative, which is becoming a vital resource for musicians in the UK,” says Kelly Wood, national organiser, live, theatre & music writers – Musicians’ Union. “Touring remains a key part of many artists’ careers, and whilst it can help to grow fanbases and support releases, it can also prove very challenging from a financial perspective.
“The growing number of venues that have signed up to the initiative so far sends a very strong and positive message to artists”
“The UK has an incredible network of music venues, which are loved universally by artists and audiences. However, to protect the viability of future tours and careers, we need consistent and fair terms for performers. Artists rely on a combination of income streams when on tour, and any threats to these – such as unfair or unexpected commissions on merchandise – can have devastating effects.
“The growing number of venues that have signed up to the initiative so far sends a very strong and positive message to artists, and we hope that this leads to more pressure for other venues to improve their terms and get behind the campaign.”
The MU’s support follows the extension of the 100% Venues campaign into North America in late 2022, and after the issue of merchandise commission was raised in last month’s US Congressional hearing regarding the US live touring landscape.
“We are hugely grateful to receive support for 100% Venues from our friends at the Musicians’ Union,” adds FAC CEO David Martin. “The MU and FAC’s members deliver the performances that the whole live music industry is built on, yet many are facing an almost impossible task to keep the show on the road. That is why the issue of merchandise commission has become so pronounced and why we will continue to fight for a fairer settlement for artists.”
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#LetTheMusicMove: Groups oppose US visa changes
The Music Managers Forum (MMF) and Featured Artists Coalition (FAC) have stepped up their #LetTheMusicMove campaign in order to oppose changes to US visa applications.
The UK groups say the newly-proposed increases to filing fees attached to specific visa applications – including O and P artists visas – would result in potentially crippling costs for UK artists looking to tour North America.
#LetTheMusicMove was originally established in June 2021 to campaign for reductions in post-Brexit costs and red tape for UK artists and musicians when touring in Europe, but has extended its focus following the recent announcement by the US Department of Homeland Security (DHS).
Under the proposals, the cost of artists visas increase by more than 250%, which would make performing in the US unaffordable for many emerging and mid-level artists.
“These proposed increases to visa costs would be catastrophic for British artists, and make it unaffordable for many to tour the US,” says MMF chief Annabella Coldrick. “By reactivating and expanding our #LetTheMusicMove campaign we hope to convince the Department of Homeland Security to rethink their culturally destructive proposals.”
“By working strategically, there is still a chance of stopping these damaging changes”
The DHS and the US Citizenship and Immigration Services have opened a comment period until 6 March, allowing US citizens to send public feedback which will then be reviewed and further adjustments considered.
“#LetTheMusicMove provided artists with a unified campaign in which they could voice their concerns about the challenges of touring after Brexit,” says FAC CEO David Martin. “However, these new proposals around US touring visas are equally concerning and, should they be agreed, will only exacerbate the seismic challenges facing the UK’s artists today.
“For that reason, we are asking British artists to commit to three simple actions: to sign up to the campaign, to send us their views, and to submit feedback to the official consultation process. By working strategically, there is still a chance of stopping these damaging changes.”
More than 1,000 artists originally backed the #LetTheMusicMove campaign, including Little Mix, Orbital, Olly Murs, Sampha, Sleaford Mods, Alison Moyet, Nubian Twist, Bicep, AlunaGeorge, Niall Horan, Wolf Alice, Annie Lennox, Biffy Clyro, Idles, Poppy Ajudha, Radiohead, Anna Calvi, Skunk Anansie and Laura Marling.
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Featured Artists Coalition hires Genneah Turner as GM
Featured Artists Coalition (FAC) has appointed Genneah Turner as general manager, as the UK’s artist trade body continues to expand.
Reporting to FAC CEO David Martin, Turner will play a central role in ensuring that artists’ rights and interests are represented.
Turner arrives with two decades of experience in the industry, in areas including product management, label management and artist management.
She has worked with One Little Independent Records and Quest Management alongside Derek Birkett and Scott Rodger respectively, running projects with Bjork and Arcade Fire, and spearheading her own management company which represents M.I.A amongst others.
“Genneah’s credentials are evident and her knowledge of the needs of artists is second to none”
Turner recently returned to the UK from Australia, where she sat on the board of Melbourne’s Victoria Music Development Office and worked with the Victorian government on art grants for the creative sector.
Commenting on her new appointment at FAC, Turner says: “It has been my greatest pleasure to have been trusted in the role of artist manager, helping recording artists navigate the business of music in a way that centred their autonomy, and created the best foundation from which they could create and share their art. I’m thrilled to be joining the FAC where I can turn that micro-focus outwards to support recording artists as a whole and build on the great work that the FAC’s founding artists started and more recently that David Martin has built on across the organisation.”
Martin added: “I’m delighted to welcome Genneah into her new role as the FAC’s general manager. Her arrival marks an important moment in the growth of the organisation, as we expand our effectiveness on behalf of the artist community. Genneah’s credentials are evident and her knowledge of the needs of artists is second to none. I look forward to working with her in this next phase of the FAC’s development.”
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Brexit one year on: What’s the state of play?
It has been a little over a year since the post-Brexit trade deal came into effect, presenting the live music industry with a myriad of challenges to overcome.
Since then, 21 of the 27 EU member states have confirmed that British artists will not need a visa or work permit when entering those countries to undertake “short-term” tours, with each country having their own slightly different regulations to navigate.
But while the vast majority of Europe is ‘open for rock and roll business’, the live music industry is still battling to resolve issues around immigration, social security, carnets, cabotage and VAT.
With many creases still to be ironed out, IQ spoke with Craig Stanley, tour producer for Marshall Arts and chair of the LIVE touring group, and Featured Artists Coalition (FAC) CEO David Martin to identify the current state of play for the live music business.
Concert hauliers
A year on from the post-Brexit trade deal and little has been resolved in terms of cabotage restrictions that limit movements into and around the EU.
Before Brexit, concert hauliers were not restricted in the number of times they could unload and load productions on a European tour. Now, trucks over 3.5 tonnes are limited to just three stops before they have to leave the EU and return to the UK.
An estimated 75-80% of the European concert trucking business is based in the UK, meaning there are not enough trucks in Europe to make up the shortfall.
According to Stanley, the British Department for Transport (DfT) has offered to bring in dual registration as a solution to cabotage restrictions, meaning concert hauliers can be registered in both the UK and Europe.
However, to be registered in the EU, concert haulage companies will need a European yard which, as Stanley points out, is a huge expense. “They’d need a bonafide office that is tax registered and upholds all the regulations of that country,” he explains.
“We’ve made it clear on a ministerial level that [cabotage restrictions] is absolutely an existential threat to our industry”
According to Stanley, the DfT says that the earliest it can introduce dual registration is summer, causing great uncertainty for spring European tours.
“There are big tours starting in May that don’t know what they should be doing – it’s catastrophic,” says Stanley. “We’ve made it clear on a ministerial level that this is absolutely an existential threat to our industry, and they don’t seem to understand that there’s a tremendous urgency to get this fixed.”
While Stanley says the industry would broadly welcome dual registration as a “quick workaround solution”, he’s anxious to stress that the sector needs a comprehensive long-term solution in the form of a cultural exemption to allow free movement of trucks.
Unlike immigration issues, cabotage is an EU matter and cannot be determined by individual sovereign states. This means all 27 EU states would need to agree on any change to cabotage, including a cultural exemption. “It’s going to take some time,” adds Stanley.
Visas
As it stands, all but six EU member states have confirmed that British artists will not need visas or work permits when European touring resumes, though with some local conditions that will still need to be considered.
Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, the Republic of Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Poland, Slovakia, Slovenia, Sweden, Portugal and Spain have all confirmed that British artists will not need a visa or work permit when entering those countries to undertake “short-term” tours.
Spain, the fifth-largest live music market in the world, is the most recent market to join the list after months of lobbying from live music trade bodies.
Previously, artists and their promoters had been required to file applications for short-term visas entirely in Spanish, provide a host of itinerary details before knowing whether the tour could go ahead and give proof of applicant earnings of up to nearly £1,000 before ever having left the country.
Touring artists and their production teams were also required to wait for over a month for a decision, making long term scheduling impossible.
“Being restricted to spend no more than 90 days in the EU in a period of 180 days is a limiting factor”
The seminal change followed months of dedicated work from live music industry trade body LIVE, the Association for British Orchestras (ABO) and their Spanish counterpart, APM Musicales, as well as Live Nation Spain.
“This was a fantastic example of putting pressure on the government within the UK whilst applying pressure in Spain and, as a result, we brought about change,” says Stanley.
LIVE is continuing to lobby the government to work with individual EU nations to tackle the problem of visas and permits, prioritising Greece, Croatia, Romania, Malta, Cyprus and Bulgaria.
While the ability to undertake “short-term tours” in 21 of the EU member states is a win for the industry, it’s still less than ideal for anyone who is consistently in Europe, warns Stanley.
“Being restricted to spend no more than 90 days in the EU in a period of 180 days is a limiting factor,” he explains. “It could have severe implications for, say, technicians and drivers who go from one tour to the next. Those kinds of professionals could easily spend more than three months in the EU – especially as that law includes holidays.
If they were going to exceed the limit, then “they would then have to get their employer to get them a work permit which is an expensive and involved process”.
Social security
Since leaving the EU, the European Health Insurance Card (EHICS, previously E111) will become null and void upon expiry for British citizens, meaning medical insurance is just another cost that touring artists will have to consider.
“Because we pay National Insurance here, most countries don’t deduct any social security payments in their country,” explains Stanley. “But, you have to obtain the right form from the UK tax authorities confirming you’ve paid social security in the UK. However, this hasn’t been road-tested. France, for example, is saying they’re going to increase their deduction of social security from an artist’s fee.
“Further clarification is still required on social security deductions in various territories, primarily France. It’s a question of whether laws are enforced and how they’re interpreted.”
“Further clarification is still required on social security deductions in various territories, primarily France”
ATA Carnets
The carnet system once again applies within Europe, as it did prior to the UK’s membership of the EU, and in line with other non-EU international tours.
It’s now necessary for tours to obtain ATA Carnets for all equipment travelling outside of the UK on a temporary basis. And while the carnet process is well established, its reintroduction is expected to add friction and cost to European touring, with its impact felt more intensely by grassroots and emerging artists.
“It’s a bureaucratic nightmare for smaller artists,” says Stanley. “It’s not only the lodging fee, it’s also what’s called the bond. You have to put up a bond which is the value of the goods being temporarily exported. If you don’t return them, you can actually risk forfeiting the bond. The bond is a way of making sure that what you temporarily export you are going to bring back.”
Martin from the FAC echoes Stanely’s point, adding that “for smaller artists, the cost of the carnet and the bond are prohibitive when it comes to touring”.
The FAC negotiated an agreement with London Chamber of Commerce, to offer its members a 40% discount on the purchase and bond for ATA Carnets. However, merchandise shipments and any other consumable items cannot be shipped on a carnet.
“This means merchandise will probably have to enter the EU on a permanent basis and, whilst they should be duty-free, a local company in the European destination country will have to take responsibility for the VAT due on the import,” John Corr at Sound Moves explained to IQ last year.
The other option, Stanley says, is to have merchandise made within the EU so the tax is already paid. “It’s straightforward once you’ve done it once or twice but it’s more friction,” he says.
“The most urgent and potentially the most impactful issues are clarity and engagement”
Clarity, guidance and support
“The most urgent and potentially the most impactful issues are clarity and engagement,” says Martin from the FAC. “One of my one of my members had a top 40 album this year and did not tour when they could have because of the complexity.”
“It is completely within the UK government’s gift to write guidance around what on earth this incredibly complex landscape means for professionals and operators in the sector, and they have not done that. It’s an unwillingness, it’s not an inability,” maintains Martin.
Since March 2021, LIVE, ISM, Musicians Union, UK Music, Music Managers Forum and Carry on Touring have been lobbying for a transitional support package to help the industry overcome the challenges presented by Brexit.
According to the coalition, the Live Music Transitional Support Package (TSP) would:
• Offer a quick solution for the government to mitigate the catastrophic disruption to the live music sector caused by Brexit.
• Establish a working partnership between the government and the live music sector until the planned UK Cultural Export Office is operational.
• Prioritise emerging talent and those likely to be hardest hit by the new regulations.
• Provide support for all those on stage and everyone involved behind the scenes.
Alongside government support, Stanley and Martin are also appealing to record labels to get behind the cause.
“There’s this invisible line between live and recorded but the success of an artist is generally predicated on them succeeding on both fronts – and British talent is at risk,” warns Martin.
Stanley echoes that sentiment: “The live side can’t understand why the recording and publishing industries – which are riding high on record-breaking profits – can’t put their hand in their pocket to support the pipeline of talent on which their future revenues depend.”
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