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 Newsletter 8/18/25: From Jimmy Lai’s show trial in Hong Kong to the redesignation fight over the Mechanical Licensing Collective, this week’s stories spotlight artist rights, ticketing reform, AI scraping, and SoundExchange’s battle with SiriusXM.

Save the Date! September 18 Artist Rights Roundtable in Washington produced by Artist Rights Institute/American University Kogod Business & Entertainment Program. Details at this link!

Artist Rights

JIMMY LAI’S ORDEAL: A SHOW TRIAL THAT SHOULD SHAME THE WORLD (MusicTechPolicy/Chris Castle)

Redesignation of the Mechanical Licensing Collective

Ex Parte Review of the MLC by the Digital Licensee Coordinator

Ticketing

StubHub Updates IPO Filing Showing Growing Losses Despite Revenue Gain (MusicBusinessWorldwide/Mandy Dalugdug)

Lewis Capaldi Concert Becomes Latest Ground Zero for Ticket Scalpers (Digital Music News/Ashley King)

Who’s Really Fighting for Fans? Chris Castle’s Comment in the DOJ/FTC Ticketing Consultation (Artist Rights Watch)

Artificial Intelligence

MUSIC PUBLISHERS ALLEGE ANTHROPIC USED BITTORRENT TO PIRATE COPYRIGHTED LYRICS(MusicBusinessWorldwide/Daniel Tencer)

AI Weather Image Piracy Puts Storm Chasers, All Americans at Risk (Washington Times/Brandon Clemen)

TikTok After Xi’s Qiushi Article: Why China’s Security Laws Are the Whole Ballgame (MusicTechSolutions/Chris Castle)

Reddit Will Block the Internet Archive (to stop AI scraping) (The Verge/Jay Peters) 

SHILLING LIKE IT’S 1999: ARS, ANTHROPIC, AND THE INTERNET OF OTHER PEOPLE’S THINGS(MusicTechPolicy/Chris Castle)

SoundExchange v. SiriusXM

SOUNDEXCHANGE SLAMS JUDGE’S RULING IN SIRIUSXM CASE AS ‘ENTIRELY WRONG ON THE LAW’(MusicBusinessWorldwide/Mandy Dalugdug)

PINKERTONS REDUX: ANTI-LABOR NEW YORK COURT ATTEMPTS TO CUT OFF LITIGATION BY SOUNDEXCHANGE AGAINST SIRIUS/PANDORA (MusicTechPolicy/Chris Castle)

@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.

@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)