Ticket Touting and Secondary Sales Regulation

Live music is often described as the lifeblood of the music industry. For artists, it is a key source of income and connection with fans. For audiences, it is a chance to experience the magic of music in real time. Yet for years, the joy of live performance has been undermined by the practice of ticket touting.

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Ticket touting, or scalping, refers to the bulk purchase of tickets by resellers who then inflate prices on the secondary market. This practice has sparked widespread anger among fans and artists alike, leading to legislative battles and high profile court cases. The fight against touting is not just about money— it is about fairness, access, and the integrity of live music.

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The Background: The Rise of Secondary Sales

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Ticket touting is not new. Even in the 1970s and 1980s, tickets for major concerts were resold outside venues at inflated prices. But the rise of the internet transformed touting from a small scale problem into a global industry. Online platforms such as Viagogo, StubHub, and Seat wave allowed resellers to reach millions of buyers instantly.

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By the 2010s, it was common for tickets to sell out within minutes of going on sale, only to appear immediately on resale sites at vastly higher prices. Fans were frustrated, artists were angry, and governments began to take notice.

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The Dispute: Fairness vs Commerce

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Artists argued that touting exploited fans and undermined their relationship with audiences. Ed Sheeran, Adele, and Elton John were among those who publicly condemned the practice. Promoters also complained that resale platforms profited from their investments without bearing the risks of staging live events.

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Resellers, however, argued that secondary markets were legitimate and provided fans with flexibility. They claimed that dynamic pricing was simply the free market at work and that attempts to restrict resale were anti competitive.

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The tension between these views played out in courtrooms, parliaments, and theme

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Key Legal Battles

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In the UK, pressure grew on government to intervene. The Consumer Rights Act 2015required secondary sellers to provide key information such as seat numbers, but enforcement was patchy. The Competition and Markets Authority (CMA) later investigated resale sites for misleading practices, particularly targeting Viagogo.

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In 2018, the High Court ordered Viagogo to overhaul its practices to comply with consumer protection law. The company faced heavy criticism for failing to provide clear information about ticket validity, hidden fees, and resale risks. The CMA even prepared contempt of court proceedings before Viagogo eventually agreed to changes.

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Artists also took matters into their own hands. Ed Sheeran’s management worked with promoters to cancel thousands of tickets that had been resold above face value, ensuring they were reissued to fans at the original price. Adele similarly used strict terms and conditions to limit resale.

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Globally, other jurisdictions also introduced reforms. In Australia, New South Wales banned ticket resales above a 10 percent mark up. In the United States, some states passed laws limiting automated “bots” that buy large numbers of tickets the moment they go on sale.

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The Outcome

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While touting has not disappeared, the regulatory landscape has shifted significantly. Secondary platforms have been forced to improve transparency, and artist led initiatives have reduced the impact of touting at major events. Fans have become more aware of risks, and some governments now treat the use of bots as a criminal offence.

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The battle is ongoing. Critics argue that resale platforms still allow inflated prices, and that enforcement remains inconsistent. However, the high profile campaigns by artists and the legal actions taken against major platforms have placed touting firmly on the public agenda.

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The Impact on the Industry

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The ticket touting dispute highlights how law, technology, and fan culture intersect. It shows how the rise of digital platforms can disrupt traditional markets, often to the detriment of consumers. It also demonstrates the power of artists to mobilise public opinion and push for change.

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For the live music sector, the fight against touting has been about protecting access and affordability. The credibility of live music depends not only on performance but also on fairness. If fans feel exploited, trust in artists, promoters, and the industry as a whole is eroded.

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Lessons for Musicians Today

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The ticket touting saga offers several lessons:

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• Contracts and terms matter. Clear ticketing terms can help artists and promoters control resale.

• Public opinion is powerful. Artist led campaigns have been crucial in pushing for reform.

• Law evolves slowly. Legislative and regulatory changes take time, but persistent pressure brings results.

• Technology cuts both ways. Bots fuelled touting, but new digital ticketing systems now offer better protections.