Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Update on Changes In New York's Ticket Sales Law
New York's regulatory scheme for event ticketing is one of the most complex of its kind and no stranger to overhauls of various provisions, which seek to protect consumers from unfair and predatory ticketing practices. The landscape's most recent update occurred in June 2022, when Governor Kathy Hochul signed into law S9461, modifying certain regulations governing live-event ticket sales that are codified in New York's Arts and Cultural Affairs Law (ACAL). The bill had been introduced by state Senator James Skoufis in May following a year-long legislative inquiry into the current state of ticketing practices in New York.
As discussed below, the new law principally affects the rules governing disclosure requirements for primary ticket sale prices and restricts the means of secondary ticket resale, including by expanding penalties for the use of scalper software "bots" and unauthorized ticket purchasing software.
The ACAL has been revised by the New York legislature several times in the past 15 years, primarily in response to concerns about ticket pricing and availability. In 2007, the ability to resell tickets was expanded when the legislature removed the cap on ticket resale prices (2007 N.Y. Laws 2738), in turn leading to a 2010 prohibition on using automated ticket purchasing software (2010 N.Y. Laws 781, 785). A subsequent amendment passed in 2018 included additional disclosure requirements for ticket prices, included certain exceptions to paperless ticket regulations and imposed notice requirements for ticket resellers (2018 N.Y. Laws 110; see also, Anthony J. Dreyer and Andrew Green, "New York State's Latest Ticket Sales Reforms," Entertainment Law & Finance, November 2018, p. 5; https://bit.ly/3ccH9kD). And a year-long investigation into event ticketing practices, conducted between 2020 and 2021, culminated in a 2021 proposal (also introduced by Senator Skoufis) seeking to institute major, sweeping changes to pricing and refund requirements and exclusive ticket-sale relationships, a proposal that ultimately died in committee. See, Anthony J. Dreyer and Andrew Patrick, "Sweeping Changes Proposed to New York Ticketing Regime," New York Law Journal, June 3, 2021; https://bit.ly/3wpSmF3.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
How Secure Is the AI System Your Law Firm Is Using?
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.