Don’t Sell What You Don’t Have: Why AB 1349’s Crackdown on Speculative Event Tickets Matters to Touring Artists and Fans

Update: AB 1349 passed the California Assembly, on to the Senate.

I rely on ticket revenue to pay my band and crew, and I depend on trust—between me and my fans—for my career to work at all. That’s why I support California’s AB 1349. At its core, this bill confronts one of the most corrosive practices in touring: speculative ticketing.

Speculative ticketing isn’t normal resale. It’s when sellers list tickets they don’t actually own and may never acquire. These listings often appear at inflated prices on reseller markets before tickets even go on sale, with no guarantee the seller can deliver the seat. In other words, it’s selling a promise, not a ticket. Fans may think they bought a ticket, but what they’ve really bought is a gamble that the reseller can later obtain the seat—usually at a lower price—and flip it to them while the reseller marketplace looks the other way.

Here’s how it works in practice. A reseller posts a listing, sometimes even a specific section, row, and seat, before they possess anything. The marketplace presents that listing like real inventory: seat maps, countdown timers, “only a few left” banners. That creates artificial scarcity before a single legitimate ticket has even been sold. Once tickets go on sale, the reseller tries to “cover” the sale—buying tickets during the onsale (often using bots or multiple accounts), buying from other resellers who did secure inventory, or substituting some “comparable” seat if the promised one doesn’t exist at an arbitrage price. If they can source lower than what they sold to the fan, they pocket the difference.

When that gamble fails, the risk gets dumped on the fan. Prices jump. Inventory really sells out. The reseller can’t deliver. What follows is a last-minute cancellation, a refund that arrives too late to help, a downgrade to worse seats, or a customer-service maze between the seller and the platform. Fans blame artists even if the artists had nothing to do with the arbitrage. I’ve seen fans get priced out because listings appeared online that had nothing to do with the actual onsale.   The reseller and the marketplace profit themselves while the fan, artist and venue suffer.

AB 1349 draws a bright-line rule that should have existed years ago: if you don’t actually have the ticket—or a contractual right to sell it—you can’t list it. That single principle collapses the speculative model. You can’t post phantom seats or inflate prices using imaginary inventory. It doesn’t ban resale. It doesn’t cap prices. It does stop a major source of fraud.

The bill also tackles the deception that makes speculative ticketing profitable. Fake “sold out” claims, copycat websites that look like official artist or venue pages, and listings that bury or hide face value all push fans into rushed, fear-based decisions. AB 1349 requires transparency about whether a ticket is a resale, what the original face price was, and what seat is actually being offered. That information lets fans make rational choices—and it reduces the backlash that inevitably lands on performers and venues when fans feel tricked.

Bots and circumvention tools are another part of the speculative pipeline. Artists and venues spend time and money designing fair onsales, presales for fan clubs, and purchase limits meant to spread tickets across real people. Automated systems that evade those limits defeat the entire purpose, feeding inventory into speculative listings within seconds. AB 1349 doesn’t outlaw resale; it targets the deliberate technological abuse that turns live music into a high-speed extraction game.

I also support the bill’s enforcement structure. This isn’t about turning fans into litigants or flooding courts. It’s about giving public enforcers real tools to police a market that has repeatedly shown it won’t self-regulate.

AB 1349 won’t fix everything overnight. But by stopping people from selling what they don’t have, it moves ticketing back toward a system built on possession, truth, and accountability. If every state prohibited speculative ticketing, it would largely disappear because resale would finally be backed by real inventory. For fans who just want to see the music they love—that’s not radical. It’s essential.

[This post first appeared on Hypebot]

@ArtistRights Institute Newsletter 11/17/25: Highlights from a fast-moving week in music policy, AI oversight, and artist advocacy.

American Music Fairness Act

Don’t Let Congress Reward the Stations That Don’t Pay Artists (Editor Charlie/Artist Rights Watch)

Trump AI Executive Order

White House drafts order directing Justice Department to sue states that pass AI regulations (Gerrit De Vynck and Nitasha Tiku/Washington Post)

DOJ Authority and the “Because China” Trump AI Executive Order (Chris Castle/MusicTech.Solutions)

THE @DAVIDSACKS/ADAM THIERER EXECUTIVE ORDER CRUSHING PROTECTIVE STATE LAWS ON AI—AND WHY NO ONE SHOULD BE SURPRISED THAT TRUMP TOOK THE BAIT

Bartz Settlement

WHAT $1.5 BILLION GETS YOU:  AN OBJECTOR’S GUIDE TO THE BARTZ SETTLEMENT (Chris Castle/MusicTechPolicy)

Ticketing

StubHub’s First Earnings Faceplant: Why the Ticket Reseller Probably Should Have Stayed Private (Chris Castle/ArtistRightsWatch)

The UK Finally Moves to Ban Above-Face-Value Ticket Resale (Chris Castle/MusicTech.Solutions)

Ashley King: Oasis Praises Victoria’s Strict Anti-Scalping Laws While on Tour in Oz — “We Can Stop Large-Scale Scalping In Its Tracks” (Artist Rights Watch/Digital Music News)

NMPA/Spotify Video Deal

GUEST POST: SHOW US THE TERMS: IMPLICATIONS OF THE SPOTIFY/NMPA DIRECT AUDIOVISUAL LICENSE FOR INDEPENDENT SONGWRITERS (Gwen Seale/MusicTechPolicy)

WHAT WE KNOW—AND DON’T KNOW—ABOUT SPOTIFY AND NMPA’S “OPT-IN” AUDIOVISUAL DEAL (Chris Castle/MusicTechPolicy)

Who’s Really Fighting for Fans? Randy Nichols Comment in the DOJ/FTC Ticketing Consultation

The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”

This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.

First up is Randy Nichols comment which is an important starting place. Randy is a long-time artist manager and board member of NITO. He was the first person I met who conducted the necessary on-the-ground forensic investigation into just how blatantly resellers leveraged bots and other fraudster tools. I’ve summarized five key takeaways from his comment, but you really should read Randy’s thoughts in their entirety.

Scalper Bots and Browser Exploits Dominate Onsales

Nichols details how automated tools—including browser plugins and autofill scripts—allow scalpers to bypass ticket limits and jump queues during onsales. These tools operate faster than any human, making it nearly impossible for ordinary fans to purchase tickets at face value.

Speculative Ticket Listings Deceive Consumers and Manipulate the Market

Sellers often list tickets they don’t yet own, using predictive software to buy them later at lower prices. Nichols compares this to unregulated short selling in financial markets, emphasizing that it inflates prices and misleads buyers.

Deceptive URLs and Affiliate Networks Mislead Fans

Lookalike websites (e.g., with venue or tour names in the domain) are used to confuse consumers into thinking they’re buying from official sources. These are often linked to major secondary marketplaces through affiliate networks that obscure accountability.

Private Equity–Backed Ticket Loans Fuel Bulk Scalping

Nichols reveals how brokers access over $100 million annually in loans—some from firms like RCN Capital and Anytickets with ties to major ticketing executives—to fund high-volume speculative purchases. This weaponizes lending capital to crowd out fans during onsales.

Breaking Up Ticketmaster Won’t Solve Scalping

While acknowledging concerns about Live Nation/Ticketmaster’s dominance, Nichols warns that the private equity–driven secondary market is a separate and urgent problem. He calls for independent enforcement actions against scalpers, not just structural remedies for Ticketmaster.

Who’s Really Fighting for Fans? Georgia Music Partners Comment in the DOJ/FTC Ticketing Consultation

The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”

This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.

Today we’re posting Georgia Music Partners’ comment that highlights how unchecked secondary ticketing practices—particularly speculative ticket listings, bot-driven price inflation, deceptive branding, and the resale of restricted tickets—are systematically dismantling the live music ecosystem. These practices strip artists of control, mislead fans, and commoditize the artist-fan relationship for the sole benefit of resellers. The comment urges the DOJ and FTC to treat these behaviors as unfair and deceptive trade practices, enforce the BOTS Act, and distinguish reseller abuse from the separate issues posed by Live Nation case, emphasizing that the artist’s intent and trust with fans must be protected.

FTC Cracks Down on Ticket Scalpers in Major BOTS Act Enforcement

The wheels of justice turn slowly, but they do turn.

In what appears to be a response to NITO’s complaint filed last year with FTC, pressure from Senator Marsha Blackburn and President Trump’s executive order on ticket scalping, Hypebot reports that the Federal Trade Commission is going after large-scale ticket resellers for violating the Better Online Ticket Sales (BOTS) Act (authored by Senators Blackburn and Richard Blumenthal). 

The enforcement action seeks tens of millions of dollars in damages and signals that federal regulators are finally prepared to tackle the systemic abuse of automated tools and deceptive practices in the live event ticketing market.

According to Hypebot, the FTC alleges that the companies used bots and a web of pseudonymous accounts to bypass ticket purchasing limits—snagging prime seats to high-demand concerts and reselling them at inflated prices on platforms like StubHub and SeatGeek. The case represents one of the largest BOTS Act enforcement efforts to date. 

“The FTC is finally doing what artists, managers, and fans have been asking for: holding scalpers accountable,” said Randy Nichols, artist manager for Underoath and advocate for ticketing reform. “This sends a message to bad actors that the days of unchecked resale are numbered.”

As Hypebot reports, this enforcement may just be the beginning. The case is likely to test the limits of the BOTS Act and could set new precedent for what counts as deceptive or unfair conduct in the ticket resale market—even when bots aren’t directly involved.

Read the full story via HypebotFTC Goes After Ticket Scalpers, Seeks Tens of Millions in Damages

Who’s Really Fighting for Fans? A Closer Look at the DOJ/FTC Ticketing Consultation

The Department of Justice and Federal Trade Commission were directed by President Trump to conduct an investigation into ticket scalping pursuant to Executive Order 14254 “Combating Unfair Practices in the Live Entertainment Market.”

This led directly to both agencies inviting public comments on the state of the live event ticketing market—an industry riddled with speculation, opacity, and middlemen who seem to make money without ever attending a show. Over 4000 artists, fans, economists, state attorneys general, and industry veterans all weighed in. And the record reveals something important particularly regarding resellers: there’s a rising consensus that the resellers are engaged in some really shady practices designed for one purpose–to extract as much money as possible from fans and artists without regard to the damage it does to the entire artist-fan relationship.

Over the next several posts, I’ll be highlighting individual comments submitted to the DOJ/FTC inquiry. Some are technical, some personal, and some blisteringly direct—but all speak to the fundamental imbalance between artists, fans, and the multi-layered resellers, bots, and platforms that profit from both ends of the transaction.

This isn’t just about high prices. It’s about ownership, transparency, control, and accountability and the lenders who fuel the fraud. Many of the commenters argue that ticketing is no longer just a marketplace—it’s a manipulated, closed-loop ecosystem in which the reseller’s house always wins. And for too long, the architects of that system have claimed there’s nothing to see here. There is plenty to see here.

Each post in this series will spotlight one of these submissions that I have selected—not just to amplify the voices that took time to respond, but to help connect the dots on how the ticketing industry got here, who’s benefiting, and what needs to change.

We all have to be grateful to Kid Rock who brought this debacle to President Trump’s attention and to the President himself for making it a priority. We also have to thank Senator Marsha Blackburn for her continued defense of artists through her BOTS Act co-sponsored with Senator Blumenthal. Senator Blackburn has long opposed the use of automated fraudster systems to extract rents from fans and artists and we hope that the DOJ/FTC inquiry will also shed light on why there have been so few prosecutions.

Stay tuned for the first in the series. Spoiler alert: it’s going to be hard to argue that this is a “free market” when fans are bidding against bots and artists are not allowed to control the face value of their own shows. 

This is a summary of a lot of the more involved issues that came up in the comments:

1. Speculative Ticket Listings

Resellers frequently list tickets for sale without possessing them, misleading consumers and inflating prices. These listings distort market data and should be treated as deceptive under federal consumer protection law.

2. Price Manipulation Through Bots

Automated bots are used to hoard tickets and create artificial scarcity, driving up resale prices. This not only violates the BOTS Act but enables unfair competition that harms consumers.

3. Deceptive Use of Venue, Artist, or Promoter Branding

Resellers often use official names and branding in ads, URLs, and metadata as well as typosquatting or URL hacking to trick consumers into believing they are purchasing from authorized sources. These deceptive practices undermine market transparency.

4. Misleading “Sold Out” or Urgency Claims

Some platforms advertise that events are “sold out” or create false urgency (e.g., “only 2 left at this price”) when primary tickets are still available. These tactics constitute false advertising and manipulative marketing.

5. Concealment of Total Ticket Cost 

Fees are often hidden until checkout, misleading consumers about the true price. This “drip pricing” violates FTC guidance on transparent pricing and impairs consumers’ ability to comparison shop.

6. Resale of Non-Transferable or Restricted Tickets

Resellers list tickets that are explicitly non-transferable or designated will-call only, often in violation of the event organizer’s terms. Consumers risk being denied entry without recourse.

7. Lack of Delivery Guarantees and Refund Accountability

Many platforms offer no guaranteed delivery or refund protection when tickets are invalid or undelivered—despite charging substantial markups—leaving consumers with no remedy.

8. One-Sided Arbitration and Waiver Clauses

Some resale platforms impose forced arbitration clauses and class action waivers, effectively denying consumers access to meaningful remedies, even in cases of systemic fraud.

9. Failure to Disclose Broker Status or Ticket Quantities

Platforms often fail to identify brokers or disclose the number of tickets held, undermining market transparency and the ability of venues and regulators to detect fraud or hoarding.

10. Bankruptcy as a Shield Against Accountability

Resellers may use bankruptcy to discharge obligations arising from fraudulent or deceptive conduct. Congress should consider amendments to make such claims nondischargeable, similar to fraud-based exceptions under 11 U.S.C. § 523(a).

11. Federal RICO Liability for Coordinated BOTS Act Violations

The use of automated ticket-buying tools in coordinated schemes between resellers and bot developers may give rise to federal RICO charges under 18 U.S.C. §§ 1961–1968. The following are three plausible RICO predicates when tied to a pattern of violations:

   (a) Wire Fraud (18 U.S.C. § 1343): Automated bulk purchases made using false identities or obfuscated IP addresses may constitute wire fraud if they involve misrepresentations in interstate commerce.

   (b) Access Device Fraud (18 U.S.C. § 1029): Bot schemes often involve unauthorized use of payment cards, CAPTCHA bypass tools, or ticket platform credentials, qualifying as trafficking in access devices.

   (c) Computer Fraud and Abuse (18 U.S.C. § 1030): Bypassing ticket site security measures may amount to unauthorized access under the CFAA, particularly when done for commercial advantage.

These acts, when carried out by a coordinated enterprise, support civil or criminal RICO enforcement, particularly where repeat violations and intent to defraud can be established.

@ArtistRights Institute Newsletter 5/5/25

The Artist Rights Watch podcast returns for another season! This week’s episode features Chris Castle on An Artist’s Guide to Record Releases Part 2. Download it here or subscribe wherever you get your audio podcasts.

New Survey for Songwriters: We are surveying songwriters about whether they want to form a certified union. Please fill out our short Survey Monkey confidential survey here! Thanks!

Texas Scalpers Bill of Rights Legislation

Can this Texas House bill help curb high ticket prices? Depends whom you ask (Marcheta Fornoff/KERA News)

Texas lawmakers target ticket fees and resale restrictions in new legislative push (Abigail Velez/CBS Austin)

@ArtistRights Institute opposes Texas Ticketing Legislation the “Scalpers’ Bill of Rights” (Chris Castle/Artist Rights Watch)

Streaming

Spotify’s Earnings Points To A “Catch Up” On Songwriter Royalties At Crb For Royalty Justice (Chris Castle/MusicTechPolicy)

Streaming Is Now Just As Crowded With Ads As Old School TV (Rick Porter/Hollywood Reporter)

Spotify Stock Falls On Music Streamer’s Mixed Q1 Report (Patrick Seitz/Investors Business Daily)

Economy

The Slowdown at Ports Is a Warning of Rough Economic Seas Ahead (Aarian Marshall/Wired)

What To Expect From Wednesday’s Federal Reserve Meeting (Diccon Hyatt/Investopedia)

Spotify Q1 2025 Earnings Call: Daniel Ek Talks Growth, Pricing, Superfan Products, And A Future Where The Platform Could Reach 1bn Subscribers (Murray Stassen/Music Business Worldwide)

Artist Rights and AI

SAG-AFTRA National Board Approves Commercials Contracts That Prevent AI, Digital Replicas Without Consent (JD Knapp/The Wrap)

Generative AI providers see first steps for EU code of practice on content labels (Luca Bertuzzi/Mlex)

A Judge Says Meta’s AI Copyright Case Is About ‘the Next Taylor Swift’ (Kate Knibbs/Wired)

Antitrust

Google faces September trial on ad tech antitrust remedies (David Shepardson and Jody Godoy/Reuters)

TikTok

Ireland fines TikTok 530 million euros for sending EU user data to China (Ryan Browne/CNBC)

@ArtistRights Institute opposes Texas Ticketing Legislation the “Scalpers’ Bill of Rights”

By Chris Castle

Coming soon to a state house near you, it looks like the StubHubs and SeatGeeks of this world are at it again. Readers will remember the “Trouble with Ticketing” panel at the Artist Rights Symposium last year and our discussion of the model “Scalpers’ Bill of Rights” that had been introduced at ALEC shortly before the panel convened.

A quick update, the “model” bill was so bad it couldn’t even get support at ALEC, which is saying something. However, the very same bill has shown up and been introduced in both the Texas and North Carolina state legislatures. I posted about it on MusicTechPolicy here.

The Texas House bill (HB 3621) is up for a hearing tomorrow. If you live in Texas you can comment and show up for public comments at the Legislature:

Submit Written Testimony (must be a Texas resident):
• Submit here: https://comments.house.texas.gov/home?c=c473
• Select HB 3621 by Bumgarner
• Keep comments under 3,000 characters

Testify In Person at the Capitol in Austin:
• Hearing Date: Wednesday, April 23 at 8:00 AM CT
• Location: Room E2.014, Texas Capitol
• Register here: https://house.texas.gov/committees/witness-registration
• You must create an account in advance: https://hwrspublicprofile.house.texas.gov/CreateAccount.aspx

ARI has submitted written comments through the Texas House comment portal, but we’re also sending the letter below to the committee so that we can add the color commentary and spin out the whole sordid tale of how this bill came to exist.

Can RICO Be Far Behind?  President Trump and Kid Rock Announce Whole of Government Enforcement of the BOTS Act

By Chris Castle

Yes, the sound you hear echoing from Silicon Valley is the sound of gnashing teeth and rending garments—some freaking guitar player did an end run around Big Tech’s brutal lobbying power and got to the President of the United States.  Don’t you just hate it when that happens?  Maybe not, but trust me, they really hate it because in those dark hours they don’t talk about at parties, they really hate us and think we are beneath them.  Remember that when you deal with YouTube and Spotify.

But to no avail.  President Trump signed an executive order yesterday that can only be described as taking a whole of government approach to enforcement of the BOTS Act.  As readers will recall, I have long said when it comes to StubHub, SeatGeek and their ilk, no bots, no billionaires.  It is hard to imagine a world where StubHub & Co.  are not basing their entire business model on the use of bots and other automated processes to snarf up tickets before the fans can get them.  This was also the subject of our ticketing panel at the 2024 Artist Rights Symposium in Washington, DC.

Remember, the BOTS Act, sponsored by Senator Marsha Blackburn and signed into law by President Obama in 2016, was designed to curb the use of automated software (bots) that purchase large quantities of event tickets, often within seconds of their release, to resell them at inflated prices through market makers like StubHub. It was so under-enforced that until the Executive Order it was entirely possible that StubHub could have sneaked out an IPO to slurp up money from the pubic trough before anyone knows better.

The government’s enforcement of the BOTS Act is so poor that Senator Blackburn found it necessary to introduce even more legislation to try to get the FTC to do their job. The Mitigating Automated Internet Networks for (MAIN) Event Ticketing Act is a bill introduced in 2023 by Senators Blackburn and Ben Ray Luján that aims to give the FTC even fewer excuses not to enforce the BOTS Act. It would further the FTC’s consumer protection mission against IPO-driven ticket scalping.

There are entire business lines built around furthering illegal ticket scalping that are so blatant they actually hold trade shows.  For example, NITO complained to the FTC that their investigators found multiple software platforms on the trade show floor  at a ticket brokers conference that are illegal under the BOTS Act and possibly under other laws such as Treasury Department regulations, financial crimes, wire fraud and the like.

The NITO FTC complaint details how multiple technology companies, many of whom exhibited at World Ticket Conference hosted by The National Association of Ticket Brokers in Nashville on July 24-26, 2024, provide tools that enable scalpers to circumvent ticket purchasing limits. These tools include sophisticated browser extensions, proxy services, and virtual credit card platforms designed to bypass security measures implemented by primary ticket sellers.

As is mentioned in the Executive Order, the sad truth is that the FTC didn’t take its first action to enforce the 2016 law until 2021. And that’s the only action it has ever taken.   Which is why President Trump’s executive order is so critical in stopping these scoundrels.

Kid Rock apparently had a chance to present these issues to President Trump and was present at the signing ceremony for the Executive Order. He said:

First off thank you Mr. President because this has happened at lightning speed.  I want to make sure Alina Habba gets her credit too because I know she worked very hard in this but thank you for making this happen so quick.

Anyone who’s bought a concert ticket in the last decade, maybe 20 years, no matter what your politics are knows it is a conundrum.  You buy a ticket for $100 but by the time you check out it’s $170.  You don’t know what you were charged for, but more importantly these bots come in and get all the good tickets to your favorite shows you want to go to.  Then they’re relisted immediately for sometimes a four or five hundred percent markup—the artists don’t get that money!

Ultimately I think this is a great first step. I would love down the road if there be some legislation that we could actually put a cap on the resale of tickets.

Yes, folks, we may be onto something here.

The reason I say that the EO establishes a “whole of government” approach is because of what else is in the order.  The actual EO was published, and the press release on the White House site says this:

  • The Order directs the Federal Trade Commission (FTC) to:
    • Work with the Attorney General to ensure that competition laws are appropriately enforced in the concert and entertainment industry.
    • Rigorously enforce the Better Online Ticket Sales (BOTS) Act and promote its enforcement by state consumer protection authorities.
    • Ensure price transparency at all stages of the ticket-purchase process, including the secondary ticketing market.
    • Evaluate and, if appropriate, take enforcement action to prevent unfair, deceptive, and anti-competitive conduct in the secondary ticketing market.
  • The Order directs the Secretary of the Treasury and Attorney General to ensure that ticket scalpers are operating in full compliance with the Internal Revenue Code and other applicable law.
  • Treasury, the Department of Justice, and the FTC will also deliver a report within 180 days summarizing actions taken to address the issue of unfair practices in the live concert and entertainment industry and recommend additional regulations or legislation needed to protect consumers in this industry.

In other words, the EO directs other Executive Branch agencies at the DOJ, FTC, Treasury to take enforcement seriously.  If the Department of Justice is involved, that could very well lead to enforcement of the BOTS Act’s criminal penalties.  And it’s kind of hard to have a StubHub IPO from prison although President Trump may want to add the Securities and Exchange Commission to the list of agencies he is calling into action.

In addition to fines, individuals convicted under the BOTS Act could face imprisonment for up to 1 year for a first offense. Repeat offenders may face longer prison sentences, depending on the nature of the violation and if there are aggravating factors involved (such as fraud or large-scale operations).  And remember, wire fraud is a common RICO predicate under the racketeering laws which is where I personally think this whole situation needs to go and go quickly. Remember, StubHub narrowly escaped a claim for civil RICO already.

So we shall see who is serious and who isn’t.  But I will say I’m hopeful. If you wanted to seriously go after actually solving the problem on the law enforcement side, this is how you would do it.

If you wanted to go after it on the property rights side, Kid Rock’s line about establishing a cap is how you would start.  The guy has clearly thought this through and we’re lucky that he has.  We’ll get around to speculative ticketing and taking out some of the other trash down the road if that’s even a problem after getting after bots.  But on property rights, let’s start with respecting the artist’s rights to set their own prices and have them followed instead of the current catastrophe.

The other take away from this is that Marsha was right—BOTS Act is probably enough law to handle the problem.  You just need to enforce it.

I always say you can’t get Silicon Valley to behave with fines alone because they print money due to the income transfer.  Prison, though, prison is the key that picks the lock.

[Editor Charlie sez: This post first appeared on MusicTechPolicy]

@Artist Rights Institute Newsletter 3/31/25

The Artist Rights Institute’s news digest Newsletter from Artist Rights Watch.

New Survey for Songwriters: We are surveying songwriters about whether they want to form a certified union. Please fill out our short Survey Monkey confidential survey here! Thanks!

Ticketing

Executive Order on Combating Unfair Practices in the Live Entertainment Market

Music Industry reacts to Executive Order on Ticket Scalping (Bruce Houghton/Hypebot)

What Hath Trump Wrought: The Effect of the Anti-Scalping Executive Order on StubHub’s IPO (Chris Castle/MusicTech.Solutions)

StubHub IPO Filing

Copyright Litigation

Merlin sues TikTok rival Triller for breach of contract over allegedly unpaid music licensing fees (Daniel Tencer/Music Business Worldwide)

Artificial Intelligence: Legislation

Artificial intelligence firms should pay artists and musicians for using their work amid uproar over Labour’s plans to exempt them from copyright laws, according to a new poll of Brits (Chris Pollard/Daily Mail)

European Union’s latest draft AI Code of Practice renders copyright ‘meaningless,’ rightsholders warn (Mandy Dalugdug/Music Business Worldwide)

Artificial Intelligence
The Style Returns: Some notes on ChatGPT and Studio Ghibli
 (Andres Guadamuz/TechnoLlama) 

OpenAI’s Preemption Request Highlights State Laws’ Downsides (Oliver Roberts/Bloomberg Law)

Copyright: Termination Rights

Update on Vetter v. Resnik case (Chris Castle/MusicTechPolicy)