Independent venue businessman and advocate David Weingarden testified Wednesday before the Senate Committee on Commerce, Science, and Transportation’s Subcommittee on Consumer Protection, Technology, and Data Privacy during today’s hearing, “Fees Rolled on All Summer Long: Examining the Live Entertainment Industry.”
In his testimony, Weingarden argued that independent promoters and venues have been forced into policy advocacy as a result of aggressive ticket resale practices and market consolidation. A fan paid more than $300 for two “first eight rows” tickets to a Big Bad Voodoo Daddy show in Boulder, Colorado. This whopping transaction took place on an online ticket resale site. The problem? The show only cost $27 and was standing room only.
Unfortunately, this has become a common phenomenon across the country.
“We didn’t choose to become policy advocates,” said Weingarden in his testimony. “We chose to run small businesses, employ local workers, and bring live music to our communities. But the scale and aggressiveness of the ticket scalping market has left us with no choice but to speak up.” Weingarden outlined a series of proposals aimed at curbing ticket scalping and deceptive resale practices to bring down soaring prices. He recommended a ban on speculative ticket sales, national limits on resale prices and fees, and crackdowns against misleading URLs, spoof websites, and predatory search engine advertising.
“You couldn’t sell a car, a hotel room, or a plane ticket you don’t own and call it a service. Live shows shouldn’t be any different.”
Weingarden also joined calls to invoke U.S. antitrust law against Live Nation, the parent company of Ticketmaster. The DOJ initiated a probe into monopolistic and unfair practices against the company, which controls more than 60 percent of the ticketing market. The probe is examining Live Nation’s control across every layer of the market, including exclusive deals with 70 percent of major venues, its growing fleet of proprietary venues, and its domination of the live-music promotion market. The resulting astronomical ticket prices, far outpacing inflation, can be largely attributed to the practices of Live Nation.
Read more about surging ticket prices in New York State.
In addition to serving as the CEO of Z2 Entertainment, Weingarden is the chair and co-founder of the Colorado Independent Venue Association, an organization dedicated to preserving the integrity of independent music for fans and artists alike.
Weingarden’s testimony is a small part of a broader movement to address “insane” prices in the live music industry. The issue has increasingly received focus in Washington as complaints from fans, artists, and venues have mounted, particularly following public backlash over hidden fees reaching nearly 30 percent and astronomical resale markups.
In New York, several local venues have cut ties with Ticketmaster in protest, including Brooklyn’s Kings Theatre and the topic has even come under
Although Live Nation holds the cards, music fans are hopeful that meaningful change is still within reach.
“In an era defined by division, live music continues to create connection and common ground. Making it affordable for Americans is definitely worth fighting for,” Weingarden said.
Weingarden’s written testimony can be viewed here and his opening statement can be viewed here.
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