Key recent legal developments in live music
The live business is a well-oiled machine, but sometimes unexpected events and legal matters can impact and profoundly shape the sector. Below are some of the major developments over the past year as featured in IQ‘s newest publication, the Touring Business Handbook, and what they could mean for the future of the business.
Shows starting late
What happened: Some acts made unpredictability their calling card and would start shows incredibly late and, because they ended incredibly late, they would break curfews and invariably get fined. Now consumers are starting to take things into their own hands. Two US fans filed a class action against Madonna for allegedly starting her three shows at the Barclays Center in Brooklyn in December 2023 late, claiming a breach of contract with the audience who “had to get up early to go to work” the following day. The original suit also named the venue as a defendant.
What it means: Madonna and Live Nation responded and denied this was the case, insisting that due to a “technical issue 13 December during soundcheck” this was the only show affected. “We intend to defend this case vigorously,” they said. The case could quietly disappear or, if it reaches court and the claimants are successful, it could have profound implications for all other late-running shows by setting a major legal precedent. The concern is that fans could become ever-more litigious around different parts of the live experience.
“There is a clear move by both the public and legislators to put better safeguards in place around resales”
Ticket resale, scalping & bots
What happened: A number of major developments in major markets in 2023 are still unfolding in 2024. Six US senators introduced the Fans First Act in late 2023 aimed at delivering greater transparency for consumers around re-sales and greater accountability for bad actors in the space. This came after Taylor Swift fans in the US attempted to sue Ticketmaster for alleged “price fixing” around pre-sale tickets for Swift’s Eras tour.
Swift tickets were also a legal focus in Australia where in June 2023 the government in Victoria designated her shows at Melbourne Cricket Ground as a “major event” and therefore heavily restricted under Victoria’s anti-scalping laws. This snowballed into calls for tougher and unified national laws in Australia to clamp down on re-sales at inflated pricing and scalping.
In late 2023, FEAT (Face-value European Alliance for Ticketing) was looking to the EU’s Digital Services Act (DSA) to clamp down on illegal ticket resales following the DSA introducing new measures from August that require large search engines to clamp down on illegal product listing. In Texas, following chaos as Taylor Swift tickets went on sale, state senators proposed new laws that would clamp down on ticket-purchasing bots and this was signed into law in May 2023.
What it means: There is a clear move by both the public and legislators in different markets to put better safeguards in place as well as tougher measures in action around re-sales. For now, no change in national legislation has been pushed through in the US or Australia, but this could only be a matter of time unless the ticketing sector moves to better and more robustly self-regulate here. The developments in the EU could have much wider repercussions with regard to takedown notifications for secondary ticketing sites.
“Artists need to be incredibly aware that mass lawsuits could prove controversial and damage their public image”
Touring crew treatment & allegations of harassment
What happened: In September 2023, clothing designer Asha Daniels accused Lizzo and members of her team of creating an “unsafe, sexually charged workplace culture” for members of her touring production. A spokesperson for Lizzo called the harassment suit filed by Daniels “a bogus, absurd publicity stunt” and in December, Lizzo’s legal representatives moved to have the lawsuit dismissed.
What it means: It is impossible to speculate at this stage if the case will make it to court and, if so, which way the judgement would fall. Regardless of the merits (or not) of the suit, it raises important issues about safeguarding and welfare for contracted workers on tour.
Counterfeit merchandise
What happened: The perennial issue of counterfeit merchandise was brought into sharp relief in 2023 when lawyers acting for Luke Combs targeted multiple individuals for selling unauthorised merchandise. Nicol Harness was among those targeted for having sold 18 tumblers (featuring Combs’s name and face) she had made herself. Combs found out about the $250,000 suit against Harness (who is disabled), and said it “makes me sick,” insisting her name was dropped from the suit against rogue operators and he also sent her $11,000 by way of apology.
What it means: The issue of fake merchandise has long been an issue for musicians, beginning with people selling counterfeit and unlicensed goods on the street outside shows and then the process becoming industrialised on online sites such as eBay, Etsy, Redbubble and more.
This has echoes of the first waves of legal action against filesharers in the early 2000s and the PR backlash when individuals were being targeted. Artists need to protect their merchandise business but will also be incredibly aware that mass lawsuits could prove controversial and damage their public image.
“The issue of free speech and if/how it crosses the line into hate speech is a complex and contested area”
Hate speech, censorship & show cancellations
What happened: Three very different cases but they collectively raise complex debates about artists holding/ expressing certain views and engaging in certain behaviour and how that runs into calls for censorship of cancellation.
In early 2023, Roger Waters said he would take legal action against city authorities in Germany who threatened to cancel several of his shows in Germany, accusing Waters of antisemitism (a charge he denies). Waters subsequently won his battle to stage his shows in Frankfurt in May 2023.
In summer 2023, authorities in the Mexican state of Chihuahua banned acts from performing songs live that contain what are deemed to be misogynistic lyrics. Those who do could face fines of 1.2m pesos (circa £54,661).
Finally, in summer 2023, Matt Healy of The 1975 caused a political storm at the Good Vibes festival in Kuala Lumpur when he kissed bass player Ross MacDonald on stage. After just seven songs, the band were ordered to end their performance and the rest of the three-day festival was pulled after an “immediate cancellation directive.” The band pulled their upcoming shows in Indonesia and Taiwan while Malaysian authorities banned them from performing in the country.
What it means: The political views as well as the lyrical output of musicians are under growing scrutiny. The issue of free speech and if/how it crosses the line into hate speech is a complex and contested area. The issue of actions on stage like that of Healy are clearly specific to the moral and political views of certain countries, but this is something all musicians need to be aware
of.
These are extreme examples but they raise difficult questions about how far artistic expression can go and if censorship is the best response or if it is the thin end of the wedge that could see even greater restrictions placed on what musicians can say.
More information about recent developments with tax, legal, insurance, currency, and immigration is available to subscribers in IQ’s Touring Business Handbook, found here.
Get more stories like this in your inbox by signing up for IQ Index, IQ’s free email digest of essential live music industry news.
Industry bullying and harassment helpline launched
A new helpline that supports those suffering bullying and harassment within the UK music industry has been launched by charity Help Musicians.
The move, which is backed by organisations including UK Music, The Musicians’ Union (MU), the Incorporated Society of Musicians (ISM), and the BPI, follows a number of high-profile musicians speaking out on the need for more to be done to support those experiencing difficulties.
The service will be offered to everyone working within the music industry, with callers able to immediately speak with a specialist bullying and harassment counsellor. The new helpline aims to fill a gap in support provision, ensuring that those working in the music industry, including freelancers, have a place to turn for advice and practical help.
“Bullying and harassment requires a collaborative response across the music industry,” says James Ainscough, CEO of Help Musicians. “The creation of the helpline is a vital next step and Help Musicians is well placed to provide this service, as an independent charity.
“We hope in time that musicians and all those who work in music will feel better emotionally supported”
“Anyone who is concerned about a bullying and harassment situation can call the helpline, share their concerns confidentially and receive advice on how to navigate the issue they are facing. We hope in time that musicians and all those who work in music will feel better emotionally supported as well as gaining practical advice on how to resolve any problems.
“The anonymous insight we will gather through this service will shed more light on the issues being experienced and help to target the collaborative efforts for positive and permanent change across the music industry. This is a vital service, and we ask for everybody’s help in promoting awareness of it, to ensure that individuals who need it will know that they can call for support at any time.”
As well as helping those impacted by bullying and harassment, the new helpline aims to shed more light on the extent of the issue across the industry and inform collaborative, industry-wide efforts for a positive and permanent change to help stamp out bullying and harassment.
Help Musicians will ensure full anonymity for all callers and the service will work alongside The MU’s SafeSpace service and the ISM-MU Code of Conduct. Anyone within the UK music industry experiencing bullying and harassment can call the helpline on 0800 088 2045.
Get more stories like this in your inbox by signing up for IQ Index, IQ’s free email digest of essential live music industry news.
Canadian music orgs sign creative sector conduct code
A coalition of Canadian music organisations has signed the country’s Creative Industries Code of Conduct, an industry-wide initiative dedicated to preventing and reducing harassment, discrimination, bullying and violence.
Canada’s creative industries launched the code of conduct in 2018, following the widespread bullying, harassment and discrimination allegations made in the wake of the #metoo movement.
On Saturday 16 March, it was announced that 42 music community groups are now signatories of the code at the Allies in Action event, hosted by the Canadian Academy of Recording Arts and Sciences (CARAS) in London, Ontario.
The newly rebranded Canadian Live Music Association says it is “proud to join our allies in the music community” in signing the behaviour code, which commits signatories to improving and implementing policies to enhance safety and wellbeing within the music community.
It was also announced that Unison Benevolent Fund has committed to hosting education and training resources on its website free of charge. The resources are intended to enable community members to identify, confront and prevent harassment, bullying and violence in any workplace.
“Signing the Code is a way for Canadian music community groups to affirm our dedication to our shared values, and to reinforce those values with action”
“Signing the Code is a way for Canadian music community groups to affirm our dedication to our shared values, and to reinforce those values with action,” says Jackie Dean, chief operating officer of CARAS. “Through the work of the Education, Training and Safe Support Committee, I’m very pleased that we will be able to offer all members of the Canadian music community the resources to help make all of our workplaces safer.”
“Canada’s live music industry is doing its part to ensure that every live music space is a safe place through our recently launched Raising the Bar program,” comments Erin Benjamin, president and chief executive of the Canadian Live Music Association.
“Raising the Bar addresses safer spaces, harm reduction and event safety at live music events, and will work to complement both the ethos and practical implications of the Canadian Creative Industries Code of Conduct. We are all in this together, and we are vigorously working to supplant systemic issues with positive change.”
Terms of the code of conduct in both French and English, as well as additional resources, can be found on the readthecode.ca website, launched in June 2018. More information regarding names of signatories and how to sign up to the code is available here.
Get more stories like this in your inbox by signing up for IQ Index, IQ’s free digest of essential live music industry news, via email or Messenger.
New platform launched to track bias in music industry
Genevieve O’Neil, former director of diversity and inclusion at Live Nation, has joined the team behind InChorus, a third-party platform used to track incidents of bias and harassment in the workplace.
O’Neil joins London and New York-based InChorus Group as chief marketing officer. The company’s platform aims to de-escalate reporting for employees, allowing users to anonymously tag and measure incidents in the workplace.
The platform also provides companies with the data needed to build a more inclusive workplace.
“I, like many, am frustrated by the pace of change, but our industry is unfortunately one playing catch up,” comments O’Neil, who says she is “thrilled” to join the InChorus team.
According to InChorus Group, the online tool acts as the ‘missing middle’ when reporting microaggressions, giving employees a safe and informal way to tag “previously hard-to-voice problem-behaviours”.
“We are in desperate need of a user friendly, data-led tool such as this to get things moving in the right direction”
The platform offers on-demand professional support to employees and provides companies access to anonymised data, allowing employers to identify problems at an earlier stage and attempt to avoid more serious misconduct.
“We are in desperate need of a user friendly, data-led tool such as this to get things moving in the right direction. This online tool is ideal for all companies, those already on the path to an inclusive workplace, and those just starting out,” says O’Neil.
“Diversity and inclusion leadership starts at the top, and so I ask industry leaders to stop just thinking about it and start acting.”
Rosie Turner, co-chief executive of InChorus Group says that she, along with fellow co-chief executive Raj Ramanandi, is “passionate about giving employees a voice and allowing them to flag issues sooner before they escalate.”
“This data has the power to drive effective change for both employees and the business, and to create a baseline for the music industry as a whole,” states Turner.
Get more stories like this in your inbox by signing up for IQ Index, IQ’s free digest of essential live music industry news, via email or Messenger.
Festicket teams up with Good Night Out to tackle harassment
Festicket, the world’s largest online community for music festivals, has announced it is teaming up with campaign group Good Night Out in a bid to tackle harassment at music festivals. By working together, the two hope to raise awareness of, and give practical advice on, how to stay safe at music festivals.
The news of the collaboration comes after figures last month revealed one in five UK festivalgoers generally, and almost a third of women more specifically, have experienced unwanted sexual behaviour, harassment or assault at a music festival. After hearing this news, the teams behind Festicket and Good Night Out decided to use their platforms to educate this summer’s revellers on festival safety best practice.
Co-founder and CEO of Festicket, Zack Sabban, says: “We are big festival fans and we always look at ways to help make the festival experience a positive and fun one.
“Unfortunately there are a few individuals that can ruin the festival experience and we want to help eliminate that.”
“[The figures] are shocking, but to us it’s not surprising, and we believe it has to change”
As part of the initiative, Festicket have published a series of guidelines for fans to consider whilst planning their festival experience. The guide includes advice on ensuring you know where your overnight accommodation is and agreeing meeting points with friends and family to ensure you aren’t left alone and feeling vulnerable.
The guide also encourages festivalgoers to become ‘active bystanders’. It says: “Being an active bystander means not standing by or pretending to ignore harmful behaviour when you see it.” The hope is that by being aware of surroundings, bystanders can be ready to check in with neighbours and respond to harassment in an appropriate way, should the occasion arise.
“[The figures] are shocking, but to us it’s not surprising, and we believe it has to change,” explains Bryony Beynon, co-founder and co-director of Good Night Out.
“We are very excited to be working with Festicket to spread our message that planning your festival experience should be simple and hassle-free, and should never involve worrying about sexual harassment or assault.”
Get more stories like this in your inbox by signing up for IQ Index, IQ’s free email digest of essential live music industry news.