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VIP NEWS >
FEBRUARY 2020
McGowan’s
Musings
Hi All, and welcome to the first 2020 Vision
reaction and was commented on by many
from 1 April 2020. The decision reduces the
Musing of the year in it’s usual format; there’s
international live music industry professionals
overhead costs at one of the world’s oldest
been a lot to think about in the last couple
who are increasingly concerned with these
and most famous venues by over £70,000
of months.
issues. If you didn’t get your copy look out for
per year.
Firstly congratulations to our
VIP colleagues who put so much effort into
one in March at ILMC 32!
the VIP Magazine which was available in
In order to make sure that in these increasingly
print format at Eurosonic and on-line as last
Now, all our European friends out there, it
variable times I’m fully covered for travelling
month’s issue. In particular green issues were
probably hasn’t escaped your notice that we
to the essential international events that we
admirably covered in the Sustainability Check
Brits, like it or not, are having to come to terms
Vip people attend I have recently renewed
List; this feature received extremely good
with our departure from the European Union.
my UK passport. I’ve also made sure that I
This opens up all kinds of cans of worms (a
know where my Irish passport is – it’s called
great phrase that!) for the UK music business,
hedging your bets – another fine phrase! I am
not the least for the live touring business, so
preparing for a visit to Portugal for Westway
we’ve decided to ask a few knowledgeable
Lab, presuming that I get through another
people what they think about this, and what
ILMC in London early next month. At least I
we might expect in the near future, particularly
don’t need a passport for that fine event, and
when we are fully removed come December
I hope to see many of you there!
COLOPHON > VIP-News is published by: VIP-Booking.com Enghaven 19 Attrup 8444 Balle Denmark
31st. So – see the feature in this issue. As well as the confusions of departure from Still, at least there are some encouraging
the European Union which we in the UK
signs of continuing European co-operation;
are faced with, we are all facing increasingly
on Saturday 1st of February Open Club Day
difficult times, the Australian bush fires,
saw European coordinator Live DMA arrange
storms and flooding in the UK, and of course
for more than 150 live music venues and
the Covid-19 Corona virus. Apart from day
Writer and editorial: Allan McGowan am@vip-booking.com
clubs from 15 different European to open
to day life the live music industry will have to
their doors for the third European edition of
cope with on-going, unknown and possibly
Writer: Manfred Tari mt@vip-booking.com
Open Club Day. The event took place during
devastating effects on concerts, festivals and
daytime to invite music amateurs, neighbours,
conferences. We have of course to keep an
schools or local authorities to discover venues
eye on things and hope for the best!
Managing Director: Ronni Didriksen rd@vip-booking.com General Manager: Peter Briggs pb@vip-booking.com
Journalist: Anne Frank Henriksen ah@vip-booking.com For advertising enquiries please contact: Peter Briggs pb@vip-booking.com +46 70 77 60 480 Charlie Presburg cp@vip-booking.com +44 (0) 7980 817496
and clubs in unconventional ways. Of course, as we know the live industry Also a good sign for the ever important
is undeniably resilient, it keeps going! For
small venues in the UK; hot on the heels of
instance did you notice that it is 50 years since
the UK Government’s announcement of a
Black Sabbath released their eponymous first
50% reduction in Business Rates for small
album! This means that metal is now officially
and medium sized Grassroots Music Venues
half a century old, now there’s sustainability
came a precedent-setting announcement
for you! Unfortunately though have just
for venues in the higher valuation bracket
heard that Ossie Osborne, has had to cancel
as Westminster Council announced a 100%
tour dates as he is suffering from Parkinson’s
Business Rates Relief securing the future
disease. We wish him well!
of the legendary London Grassroots Music Venue, The 100 Club (Hooray!) The venue
So, Ladies and Gentlemen we wish you all
will be offered 100% Business Rate Relief
good health and, here’s the News!
3
VIP NEWS >
FEBRUARY 2020
Luciano Ligabue ready to open the RCF Arena in Italy From VIP-Daily News
The new Italian concert venue The RCF Arena
Luciano Ligabue
will officially open on September 12th, 2020 in Campovolo, Reggio Emilia, an area already well known for hosting huge concerts. With a capacity of 100,000, the RCF Arena will be the largest outdoor arena in Italy. It was created in the area already known as Campovolo and will be ready and operational by September 2020. The venue will ensure optimal visibility and acoustics with a raked floor of 5%. The construction work on RCF Arena Reggio Emilia, which began in 2018, will continue until the definitive testing of the structure. The inauguration and the official opening to the public is set for 12 September 2020,
beng a place he has performed several times
and will kick off a programme of events with
with an event starring Luciano Ligabue.
that have left their mark on the history of
an international theme.
According to the organizers there could be
Italian music. The opening event at the RCF
no better place than the Campovolo area
Arena, set for 12 September 2020, promises
The main strength of RCF Arena Reggio
to celebrate his extraordinary thirty-year
to be more incredible than ever as it is also
Emilia will be the management of major
musical career as this is both an area that
the 30th anniversary celebration of La Liga
events featuring artists of international
is close to the local artist’s heart as well as
and is set to go down in the annals of rock
renown, entrusted to Arena Campovolo S.r.l., a partner of C.Volo and formed by Luciano Ligabue’s manager Claudio Maioli and Ferdinando Salzano, director of Friends&Partners S.p.A., the largest Italian company in the sector of live music, musical TV productions and major live events. In 2017, Friends&Partners was purchased by CTS EVENTIM Group thus strengthening its presence on the Italian, European and international market. Minor events and the related services in the Hospitality Area are managed by C.Volo, which for operating activities may also use the services of Smart Group S.c.a.r.l., an organisation comprising
10
companies
specializing
in marketing and communication, stand
RCF Arena
4
design and construction event organizing and fundraising.
20-22
DALLAS AUSTIN
GRAMMY® Award-winning producer, songwriter, musician, and film producer
ALLEN KOVAC CEO, Better Noise/ Tenth Street Entertainment
VIP NEWS >
FEBRUARY 2020
2025 First ETEP Charts Allan McGowan am@vip-booking.com
festival gramme has already reported 94 Pro ge han Exc nt Tale an ope Eur So far the 45 festivals. from 23 countries are confirmed for ing inat orig s act 58 0. 202 for s booking Road. UK, are Squid and Black Country, New The two leading acts, both from the ETEP Artist Chart 1. Squid (gb), 6 shows 6 shows 2. Black Country, New Road (gb), 3. Georgia (gb), 5 shows 4. Altin Gün (nl), 4 shows 5. Meduza (it), 3 shows ws 6. Marina Satti & Fonés (gr), 3 sho shows 7. Muthoni Drummer Queen (ch), 2 8. Arlo Parks (gb), 2 shows 9. Los Bitchos (gb), 2 shows 10. Inhaler (ie) , 2 shows
ETEP By Country Chart 1. Squid (gb), 6 shows 2. Altin Gün (nl), 4 shows 3. Meduza (it), 3 shows ws 4. Marina Satti & Fonés (gr), 3 sho shows 5. Muthoni Drummer Queen (ch), 2 6. Inhaler (ie), 2 shows 7. Skynd, 2 shows 8. Oklou (fr), 2 shows 9. Alyona Alyona (ua), 2 shows 10. Fvlcrvm (sk), 2 shows
amount of ghts ESNS, doesn’t just monitor the insi lay airp with a dat P ETE the ng Combini of all ESNS also monitors the international airplay but , acts the for ws sho P ETE ed confirm prediction This enables further monitoring and rts. cha S ESN kly wee the ugh thro 2020 acts (gb), Altin Gün ETEP top 10 acts: Squid (gb), Georgia act. an of cess suc al tion rna inte of the S chart. ly mentioned in the top 50 of the ESN ent curr are (ie) ler Inha and (it) uza (nl), Med
Squid tops the ETEP charts
6
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VIP NEWS > INDEPTH STORY >
FEBRUARY 2020
What Can the Touring and Copyright Businesses Expect from BREXIT? Allan McGowan am@vip-booking.com
The UK Government has failed to inform the touring business what to expect from the changes to be brought about now that Brexit is to be brought into effect. However, already touring crews are getting some idea of what they may have to deal with. It seems that, although the Brexit transition period is supposed to run for another eleven months, many are already being presented with the sort of delays and bureaucracy that the future could bring. Delays aimed particularly at British touring parties are already being reported at borders. So, who knows what will happen? There are also other difficulties such as copyright agreements to be considered. There is a lot of uncertainty, and a many challenges appear to lie ahead! VIP has asked some professionals for their observations and predictions:
Steve Farris stevefarrismusic.com I am a music consultant specialising in contract reviews, sync representation and publishing advice. For many years I have been a music publisher and have signed artists and writers including Snow Patrol, Belle & Sebastian, Nadine Shah, Here We Go Magic, Johnny McDaid (Ed Sheeran), Bilk and the Psychedelic Porn Crumpets. In the early nineties I toured extensively with the Levellers as their lighting designer.
Steve Farris
Two elements of the British exit of the European Union that concern me are:
2. Article 13 The music business and the EU lawmakers had finally come to an
1. European Touring
agreement on a framework of rules for copyrighted works on
I have toured around Europe in a variety of situations including taking
the Internet, entitled the Digital Single Market. This took years of
out production, playing festivals, clubs and music conferences with
lobbying and negotiations, with trade bodies such as the Performing
the Levellers before 1999 when the Euro was introduced and the
Rights Society, who spearheaded the campaign to champion the
customs checks between neighbouring countries ceased. The main
rights of copyright holders in the EU. One of the main points was
issues we faced as a touring entity in the early nineties were the
to stop the ‘safe harbour’ provisions for Internet giants such as
carnet/customs and money. We would have to itemise and account
YouTube and Facebook, which has enabled them to ride roughshod
for every lamp, spare, lead, truss etc. for the carnet and be prepared
over copyrighted material to build up their empires. As of January
to be inspected at any border. We would do a show in France and get
24th 2020 the UK government announced that the UK would not
paid per diems and then wake up in Holland where the French francs
implement the Copyright Directive after leaving the EU.
would be meaningless. These issues were overcome in 1999 with
8
frictionless borders and a single currency, which made for a much
In my opinion, these are both retrogressive steps that are a direct
easier, stress free touring environment.
result of leaving the European Union. Artists and their crewmembers
VIP NEWS > INDEPTH STORY >
FEBRUARY 2020
could move and work freely in 27 countries. They now will be subject
Chris Carey
to dealing with carnets, working visas, tax implications and limitations that weren’t there for two decades. After many years of petitioning and negotiations, copyright laws were finally looking progressive and equitable for rights holders and creatives in the digital age. One could perhaps conclude that the long fought for rights of the creators have been quashed in order to appease the United States in trade talks.
Chris Carey Head of International Marketing at TicketSwap TicketSwap is a safe, convenient and fair place to buy and sell e-tickets for concerts, festivals, sports events, theatre and day trips.
An entrepreneur at heart, Chris also runs the FastForward music
We protect buyers from overpricing by keeping to a maximum 20%
conference, taking place in London, Amsterdam and Sydney.
mark-up from the original sales price. I see three key challenges for the UK as Brexit starts to unfold: Chris previously founded and ran Media Insight Consulting, a music centric data consultancy specialising in Consumer Surveys, and Big
Uncertainty: Almost the only thing that is certain with Brexit
Data Analytics, with a focus on the music industry. Clients included
is uncertainty. There is a lot of risk and cost created for tours by
Spotify, Sony Music, The O2 and BMG Music. He also worked as
uncertainty. Do you need to allow extra time for crossing borders, or
Global Insight Director at Universal Music Group and at EMI, and
can you book a show that evening? The lack of clarity can hinder an
Senior Economist at PRS for Music.
artist’s ability to optimise their tour and make money.
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9
VIP NEWS > INDEPTH STORY >
FEBRUARY 2020
Cost: In addition to the uncertainty there are actual financial costs; of visas, maybe for a carnet, as well as the time cost of organising the visas and the carnet! It also complicates the tax situation, which in turn increases the administrative burden on artists who should be making art, not doing an accident degree in accountancy! Creativity: Maybe the biggest cost of Brexit will be more fundamental. The UK music scene punches well above its weight on the global music stage, but some of that success is built on being a cultural melting pot. As London competes with Amsterdam, Berlin and other European cities, to be a cultural hub, the giant ‘No Entry’ sign to people from around the world discourages that collision of cultures and jeopardises London’s position as a creative hub.
Dr. Dick Molenaar All Arts Tax Advisers Rotterdam The tax adviser Dick Molenaar is a well known figure in the live music industry, occasionally appearing in Brussels and is probably one of the very few industry players to have made a detailed study of the current
Dr. Dick Molenaar
Withdrawal Agreement between the EU and the UK. VIP News: Even if still too early to say how the legalities of the
No issues with income taxation, social security and VAT expected.
future relations between Brussels and London will be settled,
There will be a replacement for the A1, because that is very important
there are a couple of issues that soon or later will define a
and easy to realize, VAT becomes even easier after Brexit, because
new status and major changes for British and European live
listing is not needed anymore, and income taxation has never been a
music companies.
matter of the EU, but is governed by bilateral tax treaties.
Do EU-promoters in the transition period until the end of the
VIP News: The live music sector in the EU isn’t as internationally
year have anything to consider in terms of the “temporary
organized as the record industry or the copyright collection
entry and stay of natural persons for business purposes” by
societies. In fact other industries undertake lobbying efforts in
UK citizens, artists and companies?
order to make sure that their interest will be considered as part of on-going negotiations between the UK and the EU.
Dick: No, because nothing changes in the Transition Period, all the EU rules are still valid this year.
Please let us know the issues that seem crucial from your point of view, and which may lead to disadvantages as there
VIP News: Does the Withdrawal Agreement include or define
is no proper trade body installed for the live music industry
future obstacles for the live music sector?
in Brussels...
Dick: Not the Withdrawal Agreement, there will need to be an EU-UK
Dick: Indeed, it would be much better if the live music sector had
agreement for the time after 2020.
an international association. Such as Pearle (https://www.pearle.eu/). That can also be helpful for matters as taxation, rates for collecting
VIP News: What particular topics concern you?
societies and much more.
Dick: Crossing borders for persons and equipment, which may lead
VIP News: Would you say there are specific issues for the live
to visas, work permits and carnets. The UK wants the control back
music sector, which won’t be automatically looked after by
over its borders, so will have to accept reciprocity. Although both
other industries with similar needs?
sides have an interest in as little administrative work as possible, it will become more than now. And that will cost time and some money.
10
Dick: This is beyond my scope as tax adviser and researcher.
VIP NEWS > INDEPTH STORY >
FEBRUARY 2020
VIP News: In the long run, how do you expect EU music export offices and policies will affect the market situation for new and upcoming UK-artists in Europe? Dick: It is still all about the music and audience preferences. If UK music remains good and interesting, the UK artists can still have a good share of the EU market in the future. EU music offices and policies are doing well, but it is all about the music. VIP News: What is your assumption in terms of the future relevance of UK agencies for the live music sector in the EU? Dick: Perhaps a little less dominant than up to now. But not very much, because it may turn out that Brexit will be remembered like the millennium bug. Perhaps some more administrative work, but nothing really problematic. VIP News: Whom do you expect Brexit will deliver better results for in the live music industry, the UK or the EU? Dick: Maybe a small profit for the EU, but as I already wrote, it is all about the music and the administrative obstacles will not become big. Please check www.allarts.nl for more information on Dick Molenaar.
Paul Pacifico Head of AIM – The Association of Independent Music The Aim CEO recently stated: “We are working alongside our colleagues at the Musicians’ Union and other partners at UK Music to promote the idea of a ‘touring passport’ to try to avoid a slide back to the bad old days of carnets and other bureaucratic hurdles that will make career development for emerging artists, especially, all the more difficult, expensive and fraught with risk”. Beyond touring, he added, “we are scrutinising aspects of crossborder data sharing, transhipment of goods and all of the other areas of our businesses that could be disrupted if not considered properly, whatever the outcome of the various trade negotiations now underway”. As for copyright reform, “whilst the government has stated clearly that it will not implement the [EU copyright] directive, we will not let up in our campaign to ensure the ‘value gap’ does not persist and that we are able to better balance the relationships and valueflows with some of the platforms, who remain crucial partners to our businesses, even though clearly some still need to reflect a better and more even balance of value in the protection of rights and flow of royalties”.
Paul Pacifico
11
VIP NEWS >
FEBRUARY 2020
CTS Eventim in joint venture with Michael Cohl From VIP-Daily News
CTS Eventim is creating a new 50:50
hensive global live entertainment platform,
partnership with legendary US promoter
from concept creation to production and pro-
Michael Cohl.
motion for world-class content.
With this partnership, CTS Eventim together
Both
with Michael Cohl, will actively acquire
partnership. While Michael Cohl will add
world-class content for global touring.
will
contribute
to
the
his concert business and comprehensive More recently, Cohl served as the executive
network, CTS Eventim will provide full access
Cohl, who formerly served as Chairman of
producer for the controversial “Spider-Man:
to the EVENTIM LIVE network, ticketing
Live Nation, is credited with pioneering the
Turn Off the Dark” the most expensive
platform and its full portfolio of products
modern concert industry, producing tours for
Broadway production in history that featured
and services around live events.
artists such as the Rolling Stones, U2, Pink
music by U2’s Bono and The Edge.
Floyd, Frank Sinatra, and Michael Jackson. He was also the man behind Live Nation’s
Both partners CTS Eventim and Michael Cohl Cohl now runs S2BN Entertainment, with
hold 50 percent of the shares of the new
offices in New York and Toronto.
company. CTS Eventim is fully consolidating
notorious splashy ‘360’ deals which secured
revenues and earnings according to IFRS and
exclusive touring agreements with top-shelf
For EVENTIM LIVE, CTS Eventim`s Promoter
has a controlling interest. The entity is based
artists such as Madonna, U2 and Jay-Z in
network, this step marks the next milestone.
in New York City, USA and will be led by
exchange for big payments.
The partnership is set to provide a compre-
Michael Cohl and Glenn Orsher.
Michael Cohl
12
partners
www.juliusproduction.se Julius-Audience-223x295_print.indd 1
www.juliusbiljettservice.se
www.nojesteatern.se 2018-03-20 16:40
VIP NEWS >
FEBRUARY 2020
Tampere Hall - Finland’s first carbon-neutral conference and concert centre Peter Briggs pb@vip-booking.com Tampere Hall has been a pioneer in its sector since its establishment
Celebrating its 30th anniversary this year, Tampere Hall was the
and began building its own environmental programme back in 1992
first conference centre in the Nordic countries to receive the Nordic
as the first conference centre in the world to do so. The size of four
Ecolabel, back in 2014. Several improvements to increase energy
football pitches and hosting over 1000 events a year, the venue has
efficiency have been made in the building over the years, and various
been carbon-neutral since November 1st 2019.
items of equipment have been replaced during their life cycle. In 2019, the building’s energy classification was raised from E to C.
The venue switched to using hydropower electricity generated from the Tammerkoski Rapids in 2012 and the building was connected
The venue’s restaurant serves low-carbon food and efficient solutions
to district cooling sourced from Lake Näsijärvi in 2015. Solar panels
have been implemented for waste management.
were installed on the roof of the building in 2017 and again in 2019, enabling the venue to produce part of the electricity it uses.
The roof of Tampere Hall is covered with more than 7,000 m2 of membranes that neutralise harmful substances from the air and thus
In terms of the energy it consumes, Tampere Hall achieved carbon
complement the conference centre’s carbon neutrality objectives.
neutrality in November 2019, as heating switched to the use of whole
According to studies conducted by Tampere Hall, the emissions
tree chips. Chips are computationally a carbon-neutral form of energy
generated by the commute of the company’s employees can be offset
and approved as emission-free by the EU. However, transportation
by these membranes.
and burning of the chips does generate some emissions. VIP-News spoke to Tampere Hall’s CEO Paulina Ahokas
Paulina Ahokas
VIP-News: Being more sustainable was something people felt they SHOULD be doing a few years ago but now it’s also starting to make business sense. Would you agree and if so in which ways? Paulina Ahokas: Wholeheartedly agree with this. Back in 1992 when Tampere Hall started its first environmental programme, none of our customers were really interested in it at all, but now both our B2B as well as our B2C customers and partners both appreciate and in many cases demand it. VIP-News: What are the main steps you would recommend other venues to take in order to move towards making their venues carbon neutral. Paulina Ahokas: Since buildings and their energy usage is globally even more significant in reaching carbon neutrality than transportation is, that of course would be the most important step to take. But every act matters, so just acting and initiating small steps towards the goal is the most important thing to do. Influencing your energy supplier to work towards carbon neutral energy sources is a good step, and if you reach a dead end, change your energy supplier.
14
VIP NEWS >
FEBRUARY 2020
VIP-News: Are you booking more Nordic acts than you did
Tampere Hall
before to help to reduce the carbon footprint of international touring? Paulina Ahokas: Together with LiveFIN we are in a group of Nordic and Baltic organisations developing the most sustainable possible routing and travelling strategies to do exactly this: this helps us to be more sustainable both in terms of Nordic/Baltic and other international talent. VIP-News: Would you turn down an artist if their method of touring was not sustainable?
taking place in the artists home country which is live streamed Paulina Ahokas: We do not have the tools to really assess this
at venues simultaneously worldwide?
properly at the moment. We do ask for sustainability measures and environmental programmes, but many artists do not have any
Paulina Ahokas: I am convinced this will develop as well, but I
of these as of yet. We believe that if we keep asking, they will be
also believe the need for people to really experience the live thing
implemented.
together with real people will only increase as well. It really seems the development of digital services has actually increased people’s need
VIP-News: Do you see live streaming of concerts at venues as
to feel and experience the real thing, proper closeness to others and
being a way forward and are there things we can learn from
physical communication. Our responsibility as an industry is to make
the sports industry when it comes to this matter i.e. one event
sure this will be realised in a sustainable way.
674 000 1 135
annual visitors annual events
TAMPERE HALL LTD. •
Offers a range of venues for your event
•
Available for promoting or hosting/co-hosting your event
•
Promoter at Tampere Hall and other venues and arenas
•
Operator of Tampere Hall
•
Turnover 14,6 M€
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¾ of Finns live 2 hrs from Tampere
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Courtyard by Marriott hotel with 229 rooms adjacent
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The first carbon neutral event centre
Grand auditorium capacity 2 000 Park hall capacity 1 200
Small auditorium capacity 500 #tamperehall
tampere-talo.fi/en
15
VIP NEWS >
FEBRUARY 2020
Ärzte Versus Viagogo Manfred Tari mt@vip-booking.com The “Best Band in the World”, in their own
nor the ticket platform OPM can tolerate
The following article comments on the
words, has a problem; actually, a huge
involvement with these huge financial
legal situation in Germany, France and Italy,
problem, with Viagogo. But considering
amounts, they are taking legal action and
including closing statements by Kiki Ressler
the financial differences in size between the
have obtained an interim injunction against
(KKT), Scumeck Sabottka (MCT) and Stephan
opponents, the trio with a global claim to
Viagogo for ticket sales of the bands “in the
Thanscheidt (FKP Scorpio).
fame come across as a David in comparison
ä tonight” tour including 26 dates and a
with a billionaire multinational Goliath, with
total volume of 320.000 tickets.
branches in seventy countries.
It is not the first time “that we and our artists have been upset about Viagogo’s
But even if the legal situation is clear, the
sales policy,” Kiki Ressler of the KKT concert
For years, the list of artists and event
implementation of this request is costly and
agency admitted to VIP News, explaining
organizers objecting to the business model
laborious and requires patience and of course
that “the pressure on ticket sales for the
of Viagogo and other ticket exchanges
additional costs. Viagogo, on the other hand,
first Die Ärzte tour since 2013 was extremely
has been growing. However, the business
follows the maxim “Divide et impera” (divide
high. As such, following a clear pattern,
of reselling tickets for events of all kinds is
and rule) and, like Google, earns a great deal
the offers on Viagogo were placed earlier
extremely lucrative and so profitable that
from operating in this manner.
and also at even higher prices than usual.
Viagogo can now afford the 4 billion US
On average these prices were three times
dollars (3.6 billion euros) to acquire its
A reappraisal of an unrestrained business
the regular retail price, although the terms
competitor Stubhub.
model, which in the age of market-
and conditions of the tour’s exclusive ticket
dominating digital giants requires new legal
vendor, OPM, clearly prohibit this.”
Now, whether they want to or not, the
regulations both in Germany and at the
band Die Ärzte and their fans have entered
European level, in order to deal with the
The German trade paper Musikwoche
the picture, and are indirectly contributing
unequal power struggle between large and
had reported earlier on in February, that
to the billion-dollar deal. However, since
small players in a legally better way than
the band, KKT and OPM had obtained an
neither Die Ärzte, their concert agency KKT
currently exists.
interim injunction against Viagogo from
Die Ärtze
17
VIP NEWS >
FEBRUARY 2020
the Munich Regional Court through the law
ruling was, according to a court decision in
then be doubly damaged. On the one hand
firm Schütz Rechtsanwälte, which prohibited
Switzerland, supposed to be unenforceable.
he buys a ticket at a completely excessive price, then on the other hand he is denied
the company from “applying incorrect original prices in sales offers for tickets of
Nevertheless, the question remains as to
the entrance to the long awaited concert.
the band Die Ärzte“. Headquartered in
what efforts KKT will now undertake to
But, as long as there is no legal regulation of
Switzerland, Viagogo subsequently informed
counteract the unwanted resale of tickets
this ticket black market, we must somehow
Musikwoche that the company did not
beyond the actual ticket price. Ressler
act to protect our artists and ourselves.”
receive the injunction, which is why it was
comments: “In future, we will further
supposed to be ineffective and thus “had no
streamline the pre-ticket sales construct in
As far as the assessment of the legal situation
influence on the user experience of buyers
order to achieve even better enforceability
is concerned, Christian Karl of the law firm
and sellers on our platform”.
against black marketers. For exclusive,
Schütz Rechtsanwälte, which was entrusted
smaller shows of big acts we will only work
with the case, describes it as follows: “Our
However, the reception problem of legal
with hard personalized tickets. And we will
barely regulated system therefore leaves
notes is not an isolated case at Viagogo.
also control and enforce this at the door.
such regulations ultimately to the promoters
According to a recent court order from
Unfortunately the example of other acts
themselves. Of course, this involves a lot
the Hamburg Higher Regional Court dated
using this system shows that it doesn’t stop
of effort and impairs fair fan and ticket
16.01.2020 (AZ 5W 1/20), the court ordered
Viagogo from offering such restricted tickets
purchases, for example when ID cards have
the company to pay a fine of 20,000 Euros,
as well. Although the buyers will not actually
to be checked and re-personalisation is only
since it claimed that a previous interim
be able to get into the shows with the tickets
possible via special online platforms.“
injunction filed by MCT against Viagogo in
bought via Viagogo at much more expensive
November 2018 for ticket sales of shows by
prices. We have already struggled to pass
“In
Rammstein are invalid, as the German court
the problem on to the ticket buyer, who will
solutions have been established that are
the
meantime,
however,
practical
18
VIP NEWS >
FEBRUARY 2020
easy to implement and have been repeatedly
Christian Karl
confirmed by the courts (keyword: name field
for
self-registration)”,
says
Karl,
because: “Among other things, ticket blocks are made possible by this kind of ticket design. However, the clear advantage of ‘strict’ prohibition norms, e.g. in criminal or administrative offence law, is that such prohibitions have a deterrent effect and can be consistently enforced by state authorities. This alone ensures a high level of acceptance and a preventive effect, provided that the state is able to deal with such tasks additionally.” Sebastian Ott, a lawyer from the law firm Lichte Rechtsanwälte, has a similar opinion, and he also notes that in Germany “Unfortunately there are no special laws for the area of the secondary market for tickets in place. Although the legal situation in Germany is clear, according to which nonpersonalized tickets may be traded on the secondary ticket market, or if the tickets are
our experience, any form of information
with the fines ultimately flowing into the
personalized, they may not be freely traded
about the “Viagogo business model” in
state treasury. In contrast, conduct that
on the secondary ticket market”.
itself helps, since countless consumers
is criminally relevant is prosecuted and
still do not even notice from where they
sanctioned by the state. As far as the
Ott, one of the lawyers who legally represent
are actually buying their tickets, and how
financial framework is concerned, this
the interests of Rammstein and its concert
significant the sometimes demanded price
should of course be appropriate in all cases
agency MCT among others in this matter,
premiums really are.
and as deterrent as possible. The five-figure
also comments “German law is applied in
fines we have so far obtained against
principle. This is shown by the large number
The aforementioned fines are court ordered
Viagogo in a number of civil proceedings
of court decisions in the area of the ticket
coercive measures to enforce the civil law
are at least a start. In the event of continued
secondary market against companies such
decision of a court in individual cases and
violations, it can be assumed that the fines
as Viagogo and Ticketbande. However, it
are at the discretion of the court. This
are likely to increase rapidly, even in the
becomes extremely problematic when it
means of coercion is threatened in the event
individual case. However, if one considers
comes to the actual enforcement of this law
that a defendant does not comply with the
that Viagogo is paying just 4 billion dollars
in Germany.”
court’s decision. Theoretically, an amount
to eBay for the takeover of StubHub, one
of up to EUR 250,000 per case or even
must seriously raise this question.
According to Karl, the “protracted legal
the imposition of administrative detention
enforcement
well-positioned
would be possible. In the run-up to this,
In Italy and France, the legislators there have
opponent such as Viagogo with address
however, the plaintiff, regularly a promoter,
long since enacted much tougher laws against
and mailbox in the French-speaking part
must first obtain a temporary injunction or
the flourishing black market in admission
of Switzerland, who if necessary, as in
a judgment and then - in the case of newly
tickets. In France, for example, since 2012,
France, does not shy away from going
established infringements - apply for the
unauthorised intermediary ticket trading has
through all approaches and even to a
imposition of an administrative fine himself
been punished with a fine of 15,000 euros in
constitutional court, is then of course very
in the course of additional proceedings.
the first case and 30,000 Euros in the second.
against
a
long.” However, Karl is confident that the
19
Italy followed in 2016, where such violations
great effort for each individual procedure is
All proceedings are therefore conducted at
can be punishable with fines of between
worth it, because at the same time, “from
the instigation of the respective plaintiffs,
5000 and 5 million Euros.
VIP NEWS >
FEBRUARY 2020
Promoters’ Concerns and Political Wish Lists As the current legal situation in Germany
instituted, for example, in our neighbouring
apparently fails to meets the interests of
country, France.”
secondary ticketing opponents, VIP News asked German industry heavy weights about
Stephan Thanscheidt at FKP Scorpio: “There
their political wish lists and their concerns
are already initial developments at political
regarding the role of Google in serving the
levels that are going in the right direction,
business model of Viagogo.
e.g. the first EU guideline on ticketing as part of the “New Deal for Consumers” legislative.
Being somewhat pessimistic regarding the
At the same time, it is a step backwards that
support by politicians, Kiki Ressler at KKT
Viagogo has reappeared in the top search
told VIP News: “What should I say about this
results on Google. I think that the public
one? We only sell concert tickets, not cars.”
needs to be informed more precisely about
Scumeck Sabottka
the business model of Viagogo and other Scumeck Sabottka at MCT says: “It is
similarly operating providers. I would like
perfectly understandable that a politically
to see us have uniform legislation across
or an executive at your company, attesting
induced decision and a change in the law
Europe that regulates how we deal with
to having affiliation or partnership with the
are not easy to install, as the issue of ticket
such companies.
event-associated group.”
complex. Nevertheless, I appeal to the
In fact, the discrepancy between the claim
Scumeck
political representatives to address this issue
and the commercial reality of Google in
expect a US company like Google to follow
quickly, because this loophole in the law
particular raises questions. For example,
guidelines when they can adapt and side
means that a great deal of money is being
one
proprietary
line the situation to make even more profit;
taken out of the pockets of fans, artists
guidelines for ticket resale advertisements
from my point of view this company does
and event promoters - and this in a country
states that it requires a ‘contract or legal
nothing else but operate in the same way
which purports to be democratic. It would
documentation
or
as the current political majority in their
be in the interests of the Federal Republic of
partnership between your company and
country - a pity of course, but it doesn’t
Germany to curb this situation immediately,
the event-associated group’ plus ‘a letter
really surprise me.”
in the manner that has already been
on company letterhead signed by a lawyer
sales on the secondary market is extremely
of
Google’s
self-set
indicating
affiliation
Sabottka:
“I
honestly
didn’t
Stephan Thanscheidt: “I am not a lawyer
Stephan Thanscheidt
and do not want to judge whether Viagogo formally meets these criteria or not. My primary concern is the customers who lose confidence in our products or even in the industry because they pay excessive fees for tickets that don’t even always allow them access to the event. And I hope that with the help of politics and legislation, customers will be better protected in the future.” Kiki Ressler: “No, you can’t be disappointed by Google. It fits into the picture of an exclusively sales-driven group that feels no obligation to anything else. Even here, without
binding
guidelines
from
the
legislator, nothing will change.”
20
Clementine Bunel, Paradigm Talent Agency
STICHTING EUROSONIC NOORDERSLAG
VIP NEWS >
NAMES & JOBS
FEBRUARY 2020
Matt Schwarz leaves Live Nation GSA
Lucy Wood joins The Roundhouse
From VIP-Daily News
From VIP-Daily News
Matt Schwarz, COO and Managing Director at Live Nation GSA,
UK Venue The Roundhouse has announced the appointment of
leaves his position with immediate effect.
a new Head Of Music in the form of Lucy Wood, who joins from Live Nation’s Festival Republic business, where she led the music
In an email he wrote that he resigned today (February 19.) and that his
programme for the Latitude Festival. Prior to that she worked with
colleagues Carrie McNamara, Matias Muelas and Nastassja Roberts
London promoter Eat Your Own Ears.
will now take over the day-to-day business and current projects. In her new role, Wood will head up the team that deliver a wideSchwarz has been the head of Live Nation`s Berlin office since the end
ranging programme of gigs each year and the Roundhouse’s own
of 2015. He previously worked as Vice President Touring & Festivals
In The Round and Rising festivals, as well as supporting early-career
at the Marek Lieberberg concert agency in Frankfurt for twelve years.
artists via the venue’s prolific education programme.
In a keynote speech at Reeperbahn Festival 2019, Matt Schwarz
Confirming the hire, Roundhouse Programmes Director Delia
referred to Live Nation`s track record in the GSA region. Since the
Barker says: “We are really looking forward to welcoming Lucy to
beginning of 2016, the number of concerts hosted by Live Nation GSA
the team at such an exciting time for the Roundhouse. She has a
has more than doubled - from around 800 shows in 2016 to 1700
great track record and is well respected across the industry and will
shows per year, “and the trend is increasing,” as Schwarz added. In
bring an incredible energy to support our emerging artists. All whilst
the four years, they had already sold more than 12 million tickets and
programming some of the biggest names in the world on our iconic
had a current annual turnover of around 250 million euros.
stage”.
“Live Nation and Matt Schwarz have mutually agreed to end their
Wood herself adds: “I’ve had a brilliant three years working with
collaboration,” reads a statement from Live Nation GSA. “Matt
amazing music from across the spectrum of genres at Latitude, as
Schwarz has resigned as Managing Director with immediate effect”.
part of Festival Republic – building on my time promoting at London’s
“Live Nation would like to thank Matt Schwarz for his successful
cherished Eat Your Own Ears. I’m THRILLED to be joining the team at
work over many years.”
the Roundhouse, a world-class arts institution with incredible history, and to be supporting its exceptional work with young people”.
Matt Schwarz
Wood takes over from Jane Beese, who is leaving the Roundhouse to become Head Of Music at the Manchester International Festival.
Lucy Wood
22
VIP NEWS > BUSINESS >
MUSIC IN SHARES
FEBRUARY 2020
Music In Shares Manfred Tari mt@vip-booking.com
DEAG - A solid start going into 2020 DEAG archived a surprisingly strong upward trend since the beginning of the new decade. At the beginning of January it still stood at 4.39 Euro, the share price steadily rose to 6.00 Euro as this issue went to press...
Spotify - Bucking the trend At the beginning of October 2019 stood at $112.5, going up by For those who haven’t noticed yet: Warner Music intends to once
January 10 to $156, and since then, dropping to $144.4, fitting the
again undertake an IPO (Initial Public Offering). As filed in the SEC
term “volatile” perfectly...
document, In the business year ending September 2019, Warner gained revenue of $4.47 billion and a net result of $258 million. So far, no information has been published as to when the company
Tencent - Maintaining the share price - continuously
will actually go public. The IPO will be serviced by the banks Morgan Stanley, Credit Suisse and Goldman Sachs.
It’s level shortly before Christmas Eve in December 2018 of $12.19 and currently in February 2020 of $12.68 appears to indicate that the company is still capable of keeping its share price level. However, one
CTS Eventim - Going strong in January, slowing down in
year ago in February 2019 the share was still worth around $17.8.
February
News sources have recently reported that Tencent may be facing stricter regulations in China, causing sceptical analyst ratings...
On January 2 the share price of CTS Eventim was 57.20 Euro, and has been on the rise until January 24 to a new all time high of 61.30, before gradually slipping down on February 18 to 58.40 Euro...
Eventbrite - Going with the flow Even for Eventbrite the share price shows an upward trend: Earlier in January it stood at $20.95 and is in the meantime $22.14. Not worthwhile mentioning you may think? Well, bearing in mind that at the beginning of June 2019, the share price was at $15.30, current results definitely appear quite a bit more positive than previously...
Live Nation - Leading the flow In Mid December fell to $62.91 but a rise in February to $74.13 may please shareholders and company executives...
23
VIP NEWS > MISC >
MEMBER PRESENTATION
FEBRUARY 2020
This space is dedicated to present some of our clients using VIP-Booking.com. Companies presented here have our best endorsement...
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