Concert tickets are highly sought after commodities, especially for popular artists performing at large venues. With tickets often selling out within minutes, questions arise around who has the right to attend the concert – the original ticket purchaser or someone who obtains the ticket secondhand. Many artists and event organizers attempt to restrict ticket transfers to crack down on scalping and ensure fairness in ticket access. However, the legality and enforceability of non-transferable tickets remain open for debate.
What does “non-transferable” mean for tickets?
A non-transferable ticket means that the ticket cannot be resold or given away to someone else. The original purchaser is the only person entitled to use the ticket. Any attempt to transfer or resell the ticket to another party would be prohibited.
Non-transferable tickets aim to prevent scalping where tickets are resold at inflated prices. It also ensures tickets go to genuine fans rather than people who acquire them just to resell for profit. A non-transferable policy gives the artist or event organizer more control over who can attend.
Some common restrictions seen on non-transferable tickets are:
– The name of the purchaser is printed on the ticket
– Purchasers must show ID matching the ticket name to enter the venue
– Tickets cannot be resold on secondary markets or ticket exchanges
– Restrictions are placed on the number of tickets a single purchaser can buy
On the flip side, transferable tickets do not have these restrictions. The purchaser is free to give away or resell their tickets as they choose. There is no requirement for the original purchaser to attend the event.
Are non-transferable tickets legal?
Whether non-transferable tickets are legally enforceable remains a complex debate. Different states have taken different approaches on the issue. Some factors to consider:
– Contract law – The ticket may be considered a contract between the issuer and purchaser. Contracts can often place restrictions on transferability.
– Consumer protection laws – Some states prohibit restrictions that unfairly limit resale or transfer of legally obtained tickets.
– Anti-scalping laws – Many states have laws prohibiting ticket scalping, which may exempt certain restrictions on transfers.
– Property rights – Tickets may be regarded as personal property, in which case the owner has the right to resell or transfer.
Currently there is no federal law in the US regulating the transferability of tickets. Some states such as New York have banned restrictions unless tickets are sold below face value. Other states like California still allow non-transferable tickets. The enforcement policies of venues also vary widely.
Arguments For Non-Transferable Tickets
There are a few common arguments in favor of allowing non-transferable tickets:
Prevents Scalping
Non-transferable tickets make it harder for scalpers to resell tickets at inflated prices. Scalpers have to individually purchase tickets from the venue rather than scooping up tickets en masse for resale. This gives the general public a better chance to purchase tickets at face value.
Limits Ticket Fraud
With transferable tickets, there is a higher risk of fake or duplicated tickets. Scammers often resell tickets multiple times over after the initial sale. Non-transferable tickets require verified ID and make this kind of fraud more difficult.
Fairer Access for Fans
For high demand events, individual purchase limits can ensure more fans get a chance to buy tickets. Transferable tickets mean opportunists can sweep up tickets in bulk. Non-transferable tickets make it harder to monopolize ticket supply.
Discourages Speculative Purchases
Non-transferable tickets discourage people buying tickets merely to resell if a show sells out. This ensures tickets only go to genuine fans who intend to attend.
Arguments Against Non-Transferable Tickets
There are also arguments made against restrictions on ticket transfers:
Limits Consumer Rights
If someone lawfully purchases a ticket, they should be free to use it as they wish as a matter of consumer rights. This includes reselling or gifting as they choose. Non-transferable tickets infringe on these rights.
Lack of Enforceability
It can be difficult for venues to enforce non-transferable policies. Tickets still change hands and ID checks are not foolproof. critics argue its simpler to allow transfers that will happen anyway.
Hurts Secondary Markets
Some economists argue that banning transfers hurts legitimate secondary markets, and that better regulation of these markets is preferable to non-transferable tickets.
Penalizes Genuine Fans
If someone buys tickets early then cannot attend, non-transferable tickets prevent them recovering any costs. Transferable tickets allow fans to recoup expenses if plans change.
Artificial Scarcity
Some opponents argue the aim is largely to manufacture scarcity where there is high demand. Allowing transfers and a secondary market reduces this scarcity.
Notable Cases Involving Non-Transferable Concert Tickets
There have been some high profile legal cases and controversies around non-transferable ticketing policies:
Ticketmaster v. Tickets.com
Tickets.com resold tickets originally purchased from Ticketmaster, who sued them for violating non-transferable terms. A court upheld Ticketmaster’s right to impose these restrictions.
Bruce Springsteen Anti-Scalping Policy
For his 2016 River Tour, Bruce Springsteen required fans to present IDs matching the ticket purchaser, heavily restricting transfers. Many fans complained about lack of transfers.
Garth Brooks Cancelled Shows
A Garth Brooks concert in 2014 used paperless tickets requiring purchaser IDs. When this failed to prevent scalping, Brooks canceled shows entirely, angering some fans.
New York State Ban
New York passed a law in 2007 banning ticket restrictions on resale or transfer below face value, one of the strongest stances against non-transferability.
Adele Presale Controversy
When Adele required fan club membership for presale ticket access in 2016, some alleged it was an effort to require IDs and restrict transfers to fight scalping.
Factors in Enforcing Non-Transferable Tickets
If a venue or artist wishes to enforce non-transferable ticketing, there are several important factors:
Upfront Disclosure
Any non-transferable restrictions should be clearly disclosed upfront to purchasers prior to sale. Buried terms may be unenforceable.
State Laws
The venue or issuer must comply with state laws on ticket transferability. Some states prohibit or limit these types of restrictions.
ID Verification
Rigorous ID checks at venue entrances are essential to enforce non-transferability. However, this can create long queues and frustrations for fans.
Ticket Technology
Technologies like digital tickets and paperless mobile entry using purchaser IDs aid enforcement and prevent duplicated tickets. But they inconvenience some consumers.
Ticket Limits
Capping the number of tickets individuals can purchase helps restrict bulk transfers. Butlimits too can frustrate high-demand fans.
Refund Policy
Allowing refunds helps make non-transferability more palatable for fans whose plans change. But refunds also open the door to speculative scalping.
Are Non-Transferable Tickets Becoming More Common?
The use of non-transferable ticketing does appear to be gaining momentum:
– High-profile artists like Bruce Springsteen, Adele, and Taylor Swift have mandated non-transferable tickets for their recent tours.
– Digital ticketing technologies enabling non-transferability like Ticketmaster’s SafeTix continue to evolve.
– Fans accept more restrictions to gain presale or VIP access like artist fan club codes.
– Artists argue non-transferability allows fairer access for general fans over resellers.
However, restrictions are far from universal with many acts opting for general public sales. Opposition also persists in some states legislating against non-transferable ticketing. Adoption remains fragmented depending on artist policies.
Examples of Bands Using Non-Transferable Tickets
Some major artists who have opted to use non-transferable or restrictive policies for recent tours include:
Taylor Swift
Her “Reputation” Stadium Tour required Ticketmaster’s Verified Fan program and barred resale. Fans had to register ahead of presales and later verify ID at venues.
Adele
Her 2016-2017 tour required registered fans to get presale code access. Only fans with codes could purchase tickets, which required matching IDs at the venue.
Bruce Springsteen
His “River Tour” mandated Ticketmaster paperless tickets with the purchaser’s name printed and required matching photo ID for arena entry.
Paul McCartney
Used “paperless” e-tickets with no option to transfer tickets. Only the purchaser could enter with the credit card used to buy tickets.
Eric Church
Church canceled 25,000 ticket orders for his Holdin’ My Own Tour after scalpers used bots and fake identities to scoop up tickets. Non-transferable tickets were then issued requiring IDs that matched the buyer.
Technologies Enabling Non-Transferable Tickets
New technologies are emerging to enable and enforce non-transferable ticketing policies:
Verified Fan Platforms
Platforms like Ticketmaster Verified Fan make fans register ahead of sales with personal info. Tickets are restricted to those verified fans.
Paperless/Digital Tickets
With digital tickets the purchaser’s info is attached and they must show the credit card used for purchase along with ID to enter venues.
RFID/NFC Wristbands
RFID wristbands are tied to the ticket purchaser and scanned electronically upon entry, preventing duplication or transfer.
Facial Recognition
Some venues use biometric facial recognition to identify ticket holders and prevent entry with duplicated tickets.
Blockchain Ticketing
Blockchain-based ticketing platforms embed purchaser ID and restrict transfers or duplication in the blockchain ledger.
Potential Challenges With Non-Transferable Tickets
While non-transferable ticketing aims to provide benefits, there are some potential drawbacks and challenges:
Limits Consumer Rights
Restricting transferability curtails rights buyers expect when purchasing tickets as property. This sparks complaints and legal uncertainty.
IDs Create Long Queues
Lengthy queues to verify IDs frustrate fans and staff. It’s a challenge screening thousands at big venues which critics argue is unavoidable without transfers.
Technologies Confuse Consumers
Moving away from traditional printed tickets adds confusion for some used to reselling or transferring tickets. Digital tickets require educating consumers.
Hurts Secondary Market
Significant restrictions on transfers heavily limit or eliminate secondary market exchanges. Some argue regulated exchanges provide value to consumers.
Scalpers Still Persist
Professional scalpers find ways around restrictions through fakes, duplicates, bots, and other means. Limits often just displace rather than eradicate scalping.
Alternative Approaches to Limit Scalping
There are some other anti-scalping measures that stop short of banning transfers and may address concerns on both sides:
Dynamic Pricing
Pricing tickets dynamically to match demand helps capture more value. This reduces incentives for scalping highly underpriced tickets.
Lotteries and Presales
Presales for fan clubs or registered users combined with lotteries for general buyers aim to distribute initial tickets more fairly before scalpers buy in bulk.
Capping Resale Prices
Limits on maximum resale prices allow transfers but undercut extremely inflated scalping prices.
Paperless Auction Systems
Auctions for e-tickets at time of purchase allocate tickets efficiently and maximize revenue without scalpers.
Regulating Exchanges
Bringing secondary exchanges under regulation, rather than banning them, aims to allow a safe resale market without scalping.
Conclusions
Non-transferable and restrictive ticketing policies remain controversial but are increasingly promoted by major artists as an anti-scalping measure. Supporters argue they make high-demand tickets more accessible to genuine fans rather than scalpers and speculators. However, critics suggest overly restricting transfers limits consumer rights and creates enforcement challenges while failing to eradicate scalping. The approach tends to pit consumer advocates versus artist and event organizers. There are also intermediate measures short of non-transferability that may balance these interests. The legal landscape remains uncertain with a complex patchwork of state laws and untested restrictions. Non-transferability looks set to remain a hotly debated issue as technology reshapes ticketing.