NIVA
Venues across the nation can now show off their independent status. On Tuesday (Sept. 10), the National Independent Venue Association (NIVA) announced the launch of “Live Independent,” a first-of-its-kind certification program for independent venues, promoters and festivals nationwide.
The new initiative, supported by event discovery platform Bandsintown, is aimed at strengthening and unifying the live entertainment community by “offering a seal of certification that recognizes excellence and commitment to the independent ethos,” according to NIVA.
Certified venues will receive physical posters, stickers and decals of the Live Independent seal to display, along with virtual seals and assets for websites, marketing materials and social media. Partnerships with ticketing companies will also enable the Live Independent seal to be displayed on event tickets.
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The Live Independent program will include a dedicated website serving as a hub of information and emphasizing the importance of supporting certified Live Independent venues and events. Fans can use the site’s search feature to verify if their favorite venue is certified independent and find shows at certified stages.
“This certification is a testament to the power of independent stages as sanctuaries for human connection. In an era dominated by publicly-traded live entertainment conglomerates, these venues and festivals are the final strongholds of authenticity, where the heart of live performance beats strongest,” said NIVA executive director Stephen Parker in a statement. “When fans and artists choose independent stages, they’re investing in the soul of their community. Live Independent is our collective promise — to the artists, to the fans, and to the communities that cherish these spaces — that the spirit of independent venues will not only endure but will continue to flourish.”
As a partner for the program, Bandsintown is committed to educating fans about what Live Independent means and promoting independent venues through dedicated placements on the Bandsintown app and at Bandsintown.com. Every NIVA-member independent venue will have the Live Independent seal on its Bandsintown venue page while a map of Live Independent-certified venues will be featured on Bandsintown’s homepage to help fans locate and support these independent entities.
“Bandsintown’s ethos is independent at the core, serving artists since day one of their journey,” added Bandsintown co-founder/managing partner Fabrice Sergent. “Independent venues shed light on those artists early in their career and we’re proud to work alongside NIVA to help them find the audience they deserve.”
To become certified, venues, festivals and promoters must demonstrate a mission centered around delivering music, comedy and performance to audiences; maintain fair pay practices for all artists, performers and creators; be independent from multinational conglomerate or publicly traded company ownership or exclusive operation; show support for a transparent, competitive marketplace and a diverse, inclusive community; and be a NIVA member. NIVA members will not pay additional fees to join the program.
More information on the Live Independent certification program, including details on how to apply and the specific benefits of certification, can be found here.
Live music experts are anticipating the antitrust lawsuit brought by the U.S. Department of Justice against Live Nation to take years to resolve, given the wide scope of the claims against the concert giant and the various stakeholders in the live music ecosystem.
“It is going to take a couple of years, at least,” Lee Hepner, senior counsel of anti-monopoly group the American Economic Liberties Project, said at the NIVA 2024 conference in New Orleans on Tuesday (June 4). The conference is put on by the National Independent Venue Association, which formed in 2020 to secure federal funding from the government during the pandemic. The upside, for Hepner and other speakers on the panel called Ticket Tyranny: The Unseen Grip of Market Dominance, is the “massive potential in restructuring the industry.”
Ant Taylor, founder and CEO of ticketing competitor Lyte, agreed on Tuesday saying, “Given how big the scope [of the DOJ lawsuit] is, it is going to be challenging to see it through… What excites me about this moment is the opportunity we have as an ecosystem to look — not just at Live Nation — but to look at the way we do business together and the conditions in which Live Nation has thrived.”
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Specifically, Taylor added, “What’s the business model of ticketing and why, for 40 years, has there been so little innovation around it?”
Ticketmaster has been a dominate force in the ticketing business for decades — its 2010 merger with Live Nation only strengthened its position in the U.S. market. The DOJ lawsuit claims that Live Nation-Ticketmaster has “unlawfully maintained monopolies in several concert promotions and primary ticketing markets and engaged in other exclusionary conduct affecting live concert venues, including arenas and amphitheaters.” A major concern for the DOJ and the group of 30 states that jointly filed the suit on May 23 is Live Nation’s “flywheel model,” which the DOJ describes as a “self-reinforcing business model that captures fees and revenue from concert fans and sponsorship, uses that revenue to lock up artists to exclusive promotion deals, and then uses its powerful cache of live content to sign venues into long term exclusive ticketing deals, thereby starting the cycle all over again.”
Unlike the consent decree that Live Nation has been under since the merger, which was designed to prevent the company from abusing its position, Kevin Erickson, director of Washington D.C.-based nonprofit organization Future of Music Coalition, told the audience that he believes the DOJ lawsuit is focusing on the correct parties impacted by the alleged monopoly: the artists, venues and fans.
“Even with the best intentions, a consent decree is inadequate to address the potential for harm,” Erickson said. “It shifts the enforcement burden onto the people who have the least amount of power. It forces artists and artist representatives and venue folks to monitor for violations of antitrust law.”
Hepner explained that Future of Music Coalition has been collecting such complaints against Live Nation for years and encouraged those in the room to reach out on how to connect with the DOJ with additional complaints as the lawsuit works its way through the justice system.
If the DOJ’s lawsuit is successful and Live Nation is forced to divest Ticketmaster, the panelists expressed hope that without the promoter’s financial backing, competition in ticketing will flourish, allow for innovation and end exclusive ticketing contracts often used by Ticketmaster and other major ticketers.
Panelist Gary Witt, president and CEO of Pabst Theater Group, stressed the importance of eliminating Ticketmaster’s dominance due to growing customer dissatisfaction. “It is not about your experience when the customer comes through the door. It is not about the artist’s experience when they come backstage. It’s about the initial experience of buying a ticket,” Witt said to the audience.
The primary ticketing market has become “a closed market and allows for zero innovation,” Witt said, adding, “We have an industry to save here.”
Nonprofit foundation Live Music Society has announced the recipients of its second annual Music in Action grant.
The Music In Action grant provides funding for venues to program events that build community and promote accessibility for marginalized groups, create opportunities for both local talent and touring acts to grow and find new audiences, and increase their revenue and customer base. The number of small music venues benefitting from the program is up from 17 in 2023, while the funds have grown from $500,000 last year to $710,000 this year.
This year, 24 small performance venues across the United States have been granted a total of $710,000 to program events that build community and boost revenue. The 24 venue grantees include Maple Leaf Bar in New Orleans, Nocturne Jazz & Supper Club in Denver, Cole’s Bar in Chicago, Drkmtter Collective in Nashville, The Lost Church in San Francisco, The Royal Room in Seattle and Chris’ Jazz Cafe in Philadelphia.
The 2024 recipients will use their funds over the next year to launch concert series, put on family-friendly festivals, build out membership programs, develop spaces for LGBTQ+ musicians to gather, create educational programming and host monthly Latinx dance parties.
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“People are trying to open their stages to new voices: women, BIPOC, LGBTQ and even just different styles of music that they are not used to presenting,” says Live Music Society executive director Cat Henry. “It’s really exciting for people to take a philosophical risk to make sure that they’re not just staying in one lane the whole time and providing opportunities for more voices at the table.”
For Live Music Society founder Pete Muller, the Music In Action grant is about giving people who love and know their business the ability to take a swing at something new and help build a more sustainable business for the long term. “If you have a 200-seat venue, you are not going to make a lot of money. Even if you run it well. The best shot you have is to figure out how to raise a lot of philanthropic local dollars,” says Muller. “Most of the time, it’s going to be shoestring and we can help.”
While Live Music Society does not intend to fully fund any venues, Muller says the nonprofit created the grant for them to take risks on new musicians, pay their musicians and staff reasonable wages and remain an integral part of the live music ecosystem.
“200-seat venues or 100-seat venues are an amazing place to start your musical career,” says Muller, who is also a touring musician. “I actually prefer smaller venues. You can really connect with the crowd. The only problem is, it’s very hard to make a good living.”
Live Music Society, which began handing out grants in 2020, hopes to continue growing the number of venues that receive funding through the Music In Action grant, with the amount of funds reflecting the need. With the 2024 Music In Action grant and its annual Toolbox grant, the foundation has now disbursed $3.7 million in funding to small venues.
To further its mission to recognize and protect small venues and listening rooms across the United States, Live Music Society is also looking to help venues by developing and sharing best practices. In partnership with its venue grantees and involvement with organizations like the National Independent Venue Association (NIVA) — Live Music Society will host a panel at this year’s NIVA conference in June — the foundation plans to collect expertise that it can share with small venues to help them succeed in a tough live music economy.
“One of the goals of gathering in New Orleans [for NIVA ‘24] is to help create an informal network of companies and club owners because they aren’t really competing with each other. They are in different markets,” Muller says. “If one of them finds a great musician, sharing it with a different club is helpful to both. The more you interact, the more you create community.”
Full list of 2024 Music In Action grantees:
118 North – Wayne, PAB Side Lounge – Cleveland Heights, OHBlue Jay Listening Room – Jacksonville Beach, FLBossa Bistro – Washington, D.C.Chris’ Jazz Cafe – Philadelphia, PACole’s Bar – Chicago, ILDevil’s Backbone Tavern – Fischer, TXDrkmttr Collective – Nashville, TNFogartyville Community Media and Arts Center – Sarasota, FLGrand Annex Music Hall – San Pedro, CAJilly’s Music Room – Akron, OHLa Peña Cultural Center – Berkeley, CAMaple Leaf Bar – New Orleans, LAMOTR Pub – Cincinnati, OHNocturne Jazz & Supper Club – Denver, COOne Longfellow Square – Portland, MERebel Rebel Studio & Lounge – Berea, KYRoots Music Project – Boulder, COThe Acorn Center for the Performing Arts – Three Oaks, MIThe Jalopy Theatre – Brooklyn, NYThe Lost Church – San Francisco, CAThe Parlor Room – Northampton, MAThe Royal Room – Seattle, WAThe Spot on Kirk – Roanoke, VA
The Maryland bill targeting speculative ticketing in the state was signed into law by Gov. Wes Moore today. The consumer protection bill focuses on the sale and resale of live event tickets and was supported by the Recording Academy, National Independent Venue Association (NIVA), National Independent Talent Organization (NITO), Eventbrite and more.
The bill bans speculative ticketing (the practice of listing tickets on secondary sites before a reseller owns a ticket), as well as require ticketers to present “all in” pricing for consumers, meaning the full price of the ticket — including all fees — must be present in the price first shown to fans. The law will go into effect on July 1.
“In addition to Senators [Dawn Danielle] Gile and [Pamela] Beidle and Delegate [C.T.] Wilson, we’re also grateful to Marylanders who spoke out and let their elected officials know that they want protection from parasitic scalpers who use acts of deception to gouge concert fans,” said Audrey Fix Schaefer, communications director of Merriweather Post Pavilion and I.M.P. in a statement. “Nearly 17,000 letters were sent by Marylanders to their state legislators, letting those in Annapolis know they want protection from the rampant deception and abuse that’s taking place now. We applaud the entire State legislature for this groundbreaking legislation, and we look forward to working with the Attorney General’s office to help ensure enforcement.”
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The bill requires resellers to provide the zone and seat number for non-general admission events, eliminating the common practice of resellers listing an unspecified seat and procuring a ticket — for a lesser price — once a consumer has purchased the “unspecified” seat from a secondary site. It also reduces resellers’ ability to list generic tickets on resale sites before on-sale for the actual event has occurred.
A standout of the bill for proponents like NIVA, NITO and others, is that the bill makes it illegal for secondary ticketing platforms to provide a marketplace for the sale or resale of tickets that violate the law. If a consumer purchases a ticket that is counterfeit, canceled by the reseller or fails to meet its original description, the secondary platform would be responsible for paying the consumer back for the total amount paid, including any fees. Platforms selling or offering to sell speculative tickets can be fined up to $10,000 for the first infraction and $25,000 for each subsequent infraction.
Additionally, the bill mandates “all-in” ticket pricing — where consumers see the full price of the ticket, including fees, from the beginning of their transaction — and require those fees to be itemized so fans know where their dollars are going. The passage of the bill also means Maryland’s attorney general’s office can conduct a review of how resellers are procuring their tickets, the price difference for fans on the primary versus secondary market, fraudulent tickets, the use of bots, what measures other states have enacted to protect consumers during the ticket buying process and more.
The AG’s study is scheduled to be completed by the end of the year.
The National Independent Venue Association (NIVA) has unveiled programming for its third annual conference. NIVA ‘24 will take place in New Orleans from June 3-5 with speakers from Eventbrite, National Independent Talent Organization, Wasserman, Live Music Society, Spotify, Meta and hundreds of independent venues and promoters from across the country.
This year’s speakers will include IAG’s Marsha Vlasic, United Talent Agency’s Nick Nuciforo, Grammy Award-winning Rebirth Brass Band, Eventbrite co-founder/CEO Julia Hartz, Bandsintown’s Fabrice Sergent, NPR Tiny Desk Contest winner Tank and the Bangas and George Porter, Jr., founding member of the band Meters.
The 2024 edition will also spotlight NIVA’s New Orleans venues including Generations Hall, Tipitina’s, Republic NOLA and d.b.a.
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“The nation’s independent live entertainment community has finally found a home to focus on the preservation and elevation of our industry at the annual NIVA Conference in New Orleans,” said Jamie Loeb, chair of NIVA’s conference programming committee and senior of marketing at Nederlander Concerts, in a statemenet. “Agents, bookers, venue owners and operators, promoters, and festivals will come together to showcase the vibrant voices and experiences of the live entertainment ecosystem. This year, we gather to celebrate our past successes and to chart a collective path towards a more dynamic and inclusive future for independent stages nationwide.”
The wide range of panel topics will include community programming, marketing, performing rights organizations, sponsorships, comedy booking, ticketing, breaking emerging talent, safety, and food and beverage. This year, the National Independent Venue Foundation (NIVF), in collaboration with NIVA, will offer a certified harassment training workshop, delivered in partnership with Calling All Crows and Spotify Plus 1.
NIVA ‘24 will also feature an opening night party presented by Lyte on Sunday (June 2), NIVA Gras presented by Eventbrite on Monday (June 3) and NIVA Night in NOLA featuring a Live Music Society lounge at d.b.a. on Tuesday (June 4).
The conference will also include an operations networking session presented by Protect Group on Monday, a booking networking session presented by VenuePilot on Tuesday and a working lounge presented by Live Music Society for the duration of the conference. Programming will conclude with a happy hour each day presented by Etix on Monday, Prekindle on Tuesday, and Live Music Society with D Tour and Midtopia on Wednesday (June 5).
A full list of panels, speakers and more information on the conference can be found here.
Nine months before Live Nation made the headline-grabbing decision to cut merch fees at 77 of its clubs and theaters across the country, Ineffable Music Group did it first. Now, the company’s CEO, Thomas Cussins, has a piece of advice for other independent venue owners and operators concerned that the concert giant is using this tactic to curry favor with artists and agents and squeeze out their businesses: Everything will be OK.
“Merch money is not what is going to keep us in business,” says Cussins, whose company oversees 10 venues across California, including The Catalyst Club in Santa Cruz, the Ventura Music Hall in Ventura and the Golden State Theatre in Monterey. “What causes independent venues to go out of business is the one in 10 shows where venues pay way too much relative to the draw and end up losing everything they made on the previous nine shows.”
Cussins made the decision to stop charging acts performing at his venues a cut of their merch sales — a standard industry practice — while watching a Jan. 24 Senate Judiciary Committee hearing about Ticketmaster. Cussins says it was members of the band Lawrence’s testimony about how much bands rely on merch money for touring that moved him to change the company’s policy: “It is money that most directly gets into the band’s pocket and the idea that we were taking away from that did not sit right with me.”
Since then, he says the decision has not hurt his business “at all.”
Still, independent venues remain concerned about what Live Nation’s new “On the Road Again” program will mean for them — how can they compete with the deals Live Nation is offering? The National Independent Venue Association (NIVA) released a statement on Wednesday (Sept. 27) following the news, saying, “Temporary measures may appear to help artists in the short run but actually can squeeze out independent venues which provide the lifeblood of many artists on thin margins.”
Thomas Cussins
Daniel Swan
The statement continued, “The initiative announced yesterday may seem like a move to follow the lead of some independent venues. It is not that. Instead, it appears to be a calculated attempt to use a publicly-traded conglomerate’s immeasurable resources to divert artists from independent venues and further consolidate control over the live entertainment sector. Such tactics threaten the vitality of small and medium-sized venues under 3,000 capacity, many of which still struggle to keep their doors open.”
A NIVA member since 2020, Cussins says he understands why some NIVA members may be upset that Live Nation’s policy might put pressure on their businesses. But, he adds, eliminating merch fees is a net positive for the entire live music ecosystem — one where everyone is benefiting.
“It’s difficult to operate a single venue in a market against Live Nation,” says Cussins. “Venues are low-margin businesses. I’m not here to say that no one should charge merch fees. What I am here to say is that it is my opinion that if you waive those fees, it is an overall healthier ecosystem and you will actually do better in business because you are doing something that makes the process easier.”
What was your reaction when you heard the news that Live Nation was going to waive merch fees for artists?
I was ecstatic. It’s something I’m very passionate about because it fosters a healthier concert ecosystem.
Were you worried about the financial hit Ineffable would take when you decided to eliminate merch fees at Ineffable venues?
No, because merch money is not what is going to keep us in business. What causes independent venues to go out of business is the one in 10 shows where venues pay way too much relative to the draw and end up losing everything they made on the previous nine shows. I think it’s more productive spending one’s time fostering a healthier ecosystem where everybody has a chance to make money. To me, that means not taking artists’ merch money and artists taking more door deals, where the artist has an opportunity to make the most money.
But is that realistic? For many artists, taking a door deal with no guarantee is too risky.
Correct. Some can’t take that risk. But many other artists understand they can make more money on a door deal and lower the risk the venue faces. For independent venues to be healthy, we need volume, which means we need bands to be healthy and touring and making enough money to support themselves. And the money made from merch most directly affects their ability to be out on the road and do well.
What is your reaction to the statement NIVA issued, saying the On the Road Again program is just an attempt to squeeze out indie venues?
They’re doing what they think is in the best interests of their members. We’re members of NIVA and they have done an incredible job for our business. I’m a huge fan. But my take is that merch money is not what’s going to keep these independent venues in business. What’s going to keep them in business is a healthy concert ecosystem, where we’re keeping the bands healthy and keeping them on the road with deals that are fair so that everyone can make a few bucks and eat at the table together and nobody is gouging the other person.
What is the biggest challenge facing artists on the road right now?
It is the travel costs — the price of gas, vehicle rentals, the price to pay crews. If you are going out there and you are doing the same business and your costs have increased 30%, how can you possibly make that up? You might just not tour. I know a lot of bands that have told me they were doing 80 dates a year and now they just want to do 40. They just want to pick the 40 best markets. That hurts independent small businesses. I’m seeing that firsthand. Artists that are in the prime of their career saying, “I want to work less, but each one has more meaning.” And I can’t blame them. But if they can do a longer tour and amortize those costs and play those small secondary markets, then I can be their partner on the ground in markets where I operate venues and keep my hands out of their merch money.
What advice do you have to other venues considering dropping their merch fees?
It’s not one-size-fits-all and it might not be the right solution for everyone. But I am so happy that we made that move — not only from an ethos standpoint, financially as well. It has not hurt me at all.
In July, the National Independent Venue Association elected two new members to its board of directors including longtime independent promoter and venue operator Shahida Mausi of The Right Productions and The Aretha Franklin Ampitheatre in Detroit. Mausi, who has run her promotion company The Right Productions for more than 25 years, says the new position is giving her the opportunity “to bring my unique perspective from backgrounds in cultural affairs, government, non-profit and entrepreneurship” to the organization that is looking to take on unfair ticketing practices on a national level, in addition to continuing to advocate for independent venues from local to federal government.
Mausi’s expertise goes beyond the promotion company she founded in 1996. Prior to her independent business, Mausi worked in the non-profit sector and was the head of the Arts Council for the City of Detroit for 10 years. Her family’s roots in Detroit go back more than a century and Mausi’s commitment to bringing art to her hometown through the family-owned Right Productions (her four sons work throughout the company) and her stewardship of The Aretha since its opening.
“What you can do in Detroit with a vision or as an entrepreneur, you can’t necessarily do as easily in other markets. I’m not saying it’s easy,” says Mausi, adding “it’s because of the factory background and the strength of unions in Detroit and the role unions play in politics. You could be working on the factory floor impacting the union, which impacts who gets elected and therefore it gives you access to people that make things happen.”
Since the onset of the pandemic in 2020, Mausi and her sons have wielded their expertise and community building into helping found the Black Promoters Collective (which promoted Mary J. Blige’s 23-city Good Morning Gorgeous arena tour in 2022) and joined forces with NIVA, where BPC won the 2023 NIVA Idea award at the association’s annual conference. Mausi sat down with Billboard to discuss surviving economic downturns as an independent promoter and what comes next.
How do you get an independent production company off the ground?
With the cheekiness of youth, I called the general manager of the Nederlander Theater here in Detroit. Detroit is home to the Nederlanders. This is where the family came from. I called the general manager and said, ‘I don’t think you’re doing enough programming to serve the African American population of the city.’ They said, ‘well, I disagree,’ and there started a conversation and a friendship that has lasted 30 years.
[Nederlander’s Alan Lichtenstein] gave me the opportunity to help launch Broadway shows on their Detroit leg of national tours and whatnot. Early in the business, it served me well that I had spoken up and put my shoulder to the wheel when he did do more to serve this community.
When did you get involved with the Aretha Franklin Amphitheater?
When the building was first built, I was the director of the Detroit Council of the Arts. It was built by the city and I was running the department and, in that role, I did the first three years of programming. Between the time that I left, after those first three years, different entities have managed it for brief periods of time. Then there was an RFP [request for proposal] put out in 2004 and we won the bid. We’ve been managing it ever since.
Was that a difficult time to take over operations of the venue in Detroit?
Yeah. It was 2008 when the housing crisis shut down the economy with subprime mortgages, and Lehman Brothers and all those folks were crashing. Fannie Mae and Freddie Mac failed that year, so we already had shows contracted and up on sale when the disposable income of people completely dried up and stopped. Nobody was buying anything. Nobody knew what was going to happen next. We had to honor those contracts regardless. General Motors – a mile from us – went bankrupt. [The Right Productions] could not afford to go bankrupt. If we had gone bankrupt, it would have been game over.
We had to negotiate our way through that crisis. We were able to weather that storm because we had a good reputation. If I tell you I’m going to pay you on such and such date or that I don’t know when I am going to be able to pay you but I’m gonna pay you, people took me at my word and I honored my word. I didn’t know if we were going to survive, but we pulled on our strength which was our reputation of honoring our word and our commitment to people.
You operated the amphitheater during another crisis, the pandemic. How did you get through that?
If we could only serve 100 people a night, then that’s what we were going to do. We were all shut ins for a year or more, and if you could give people just that, it was worth doing. It was crazy, but I am glad we were able to serve people. That’s what this is, ultimately. It’s facilitating a means of connecting people with things that lift them. It’s a stewardship of a stage and we’re honored to be able to do it.
Did being a family business help get you through the tough times?
I have four sons. All four of them function in different capacities here at The Right Productions and around the country. They all followed paths that were appropriate for their own personalities. They all went to college and brought back those skills. If it was not for family, we would not have been able to pull it through. Because family works when there’s not a dime on the table. I have grandchildren now and they are pulling and pushing and loading and unloading. In 2021, it was truly a family affair because we couldn’t hire people. I had cousins that flew in from New York, sleeping in my living room to help.
Can you describe how The Right Productions was instrumental in founding the Black Promoters Collective?
The pandemic was a good thing and a horrible thing mostly. When everything stopped, there was time to look and think of what could be planned and what could be better. My son, Sulaiman [Mausi] and the vice president of The Right Productions, reached out to other promoters that have a good reputation across the country and we began meeting on a weekly basis to talk about what we could do differently, what could do better in this industry, as opposed to being in our silos. So, we formed the Black Promoters Collective in 2020. That has been a game changer.
Last year, BPC scored a $60 million quarter on Billboard Boxscore before the Mary J. Blige tour. What has the reception been since those numbers came in?
It demonstrates that we have the chops. We have the skills to manage business on that level and that we can execute what is needed to deliver a major tour and to care of a major artist in the way they should be cared for. Let’s just say the business climate has been impacted by our success.
Are there plans to go beyond the U.S. and Canada?
We’ve had conversations. There are some things under discussion. That’s my goal. I’m always looking for growth. I’m always looking for the next opportunity and international touring is something that I want.
Independent venue executive Andre Perry will serve as the new board president of the National Independent Venue Association (NIVA). Announced at the second annual NIVA conference held in Washington, D.C., from July 9-12, Perry was elected after serving as vp of the board since 2021.
“Our NIVA family, our members, represent so many threads of the independent performance world, and it is an honor to be named NIVA’s next Board President,” said Perry in a statement. “We are small club owners, we produce festivals, we run performing arts centers, we are promoters, we are comedy people, we are music heads, we are multidisciplinary performing arts workers, we run for-profits — big, medium, and small 00 and we run nonprofits at a range of sizes, we are government affiliated or part of universities and colleges, or we are part of nothing — committed, brilliant loners who just do what we do for the good of the cause.”
Perry, who also works as the executive director of the Hancher Auditorium and the Office of Performing Arts and Engagement at the University of Iowa, will take over the president role from NIVA co-founder and founding president of the board Dayna Frank, who held the position for the maximum term of three years. Frank will continue her advocacy leadership as chair of NIVA’s advocacy and policy committee and continue to serve on the board of directors.
Frank led the association through the passage of the Save Our Stages Act, which resulted in $16.25 billion dollars in emergency relief for the live entertainment sector during the COVID-19 pandemic. Now, as a driving force behind the Fix The Tix campaign, Frank will continue her critical efforts to protect consumers, artists, venues and festivals against harmful and deceptive ticketing practices.
“NIVA has made history in our three years of existence, and there are many challenges ahead for our industry. However, I know that our Association, chapter leaders, and members are capable of tackling these challenges because we have done it before,” said Frank in a statement. “One of those challenges is predatory ticket resellers. Together, independent venues, festivals and promoters will work with Congress to pass Fix the Tix and continue laying the groundwork to create the industry our fans deserve.”
NIVA’s membership also elected two new independent live entertainment industry leaders to its board of directors: Shahida Mausi and Jamie Loeb.
Mausi is president and CEO of the Right Productions, vp and chief strategic officer of the Black Promoters Collective (BPC) and operator of The Aretha Franklin Amphitheatre in Detroit.
Loeb is the senior vp of marketing at Nederlander Concerts. With more than 30 years of local, regional and national experience, she was instrumental in creating the vision for NIVA’s first two conferences and in planning NIVA’s Save Our Stages Fest in 2020.
“As NIVA embarks on this new chapter, the Association remains resolute in its mission to support, promote, and advocate for independent venues across the country,” said NIVA executive director Stephen Parker in a statement. “The appointment of Andre Perry as Board President, Dayna Frank’s continued leadership on federal advocacy, NIVA’s new slate of Board officers and the addition of Shahida Mausi and Jamie Loeb to the Board, signals a renewed commitment to advancing the interests of independent venues and festivals and ensuring their continued viability in an ever-evolving live entertainment ecosystem.”
Full 2023-2024 slate of NIVA Board Officers:
President: Andre Perry, executive director of the Hancher Auditorium and the Office of Performing Arts and Engagement, University of Iowa
Vp: Audrey Fix Schaefer, head of Communications at I.M.P.
Vp: Jim Brunberg, founder of Revolution Hall, Mississippi Studios; Composer/Performer
Treasurer: Brad Grossman, COO of Helium Comedy
Secretary: Jesica Gerbautz, CEO of Pnk Moon Productions
Continuing their service as board members:
Dayna Frank, co-founder of NIVA, founding president of the NIVA Board and CEO at First Avenue & 7th St Entry
Grace Blake, programming director at City Winery NYC
Kira Karbocus, president/COO at Newport Festivals Foundation
Hal Real, founder/CEO at World Cafe Live
A whole generation of live music fans is being trained to expect the worst when it comes to purchasing tickets for concerts, according to National Independent Venue Association (NIVA) president Dayna Frank.
“It’s imperative to the future of live music, especially for the emerging class and the emerging artists, to be able to make buying a ticket and going to a show at even club level venues easy and simple,” Frank said at the NIVA ’23 conference in Washington, D.C. “It’s devastating what we’ve trained young people to expect when they go buy a ticket: how hard it is, you’ve got to be online at a certain time, you might not get it, you might pay $85 when there are $25 tickets available.”
Frank was speaking on the panel “Fix The Tix: How We Stop Predatory Ticketing Practices from Harming Fans and Artists,” which was held at The Anthem on July 10. Appearing alongside her was Lyte CEO Ant Taylor, who agreed with Frank’s assessment of the bleak ticket-buying process for music fans in 2023.
“The thing that we forget about or that we frequently don’t talk about is that on the other side of all this bulls— is the fan,” said Taylor. “How many fans aren’t even coming to an onsale anymore because they’ve given up because of all the points of friction?”
Since concerts restarted following COVID-19 lockdowns, obtaining tickets for high-profile artists like Taylor Swift and Beyoncé has become a game of uncertainty and chance due to factors including bots, unscrupulous brokers and high demand from fans who have waited years to see their favorite artists. And while neither of those superstars will have their livelihoods affected by ticketing issues, smaller artists, venues and promoters in the live music ecosystem can be severely impacted, particularly by brokers who scoop up tickets and place them on the secondary market at markedly higher prices. Because fewer fans are willing to buy tickets at those higher prices, post-pandemic “no-show” rates — or the percentage of people who buy tickets but don’t attend a show — have remained frustratingly high.
“I don’t know how many folks are tracking how many of their tickets are on the secondary markets the day of the show, but we’ll easily see 20-30 tickets just sitting there, unsold,” said Frank, who also owns famed independent venue First Avenue in Minneapolis.
Frank stated that a common no-show rate was around 7% prior to the pandemic. Now, even though no-shows have gone down from their pandemic high, independent venues are continuing to see rates of 12-15% regularly. That means fewer bar and merch sales, which can often be the revenue that makes or breaks a show for small artists and venues.
The current state of concert ticketing in the United States was a major concern for attendees of the second annual conference that hosted independent venues, promoters, agents and ticketers from July 9-12 in the nation’s capital. The “Fix the Tix” panel focused on issues facing the ticketing industry and possible solutions – many of which can be found in the Fix the Tix Act NIVA is lobbying for the federal government to pass. The legislation would ban the sale of speculative tickets (tickets that brokers don’t have in their possession) and the use of bots, as well as require up front pricing and caps on resale prices while providing funds for enforcement.
“The Fix the Tix proposal says that promoters and artists should be able to put terms and conditions on the tickets as they transfer hands,” said Frank, who added that brokers have been lobbying the federal government to make non-transferable tickets illegal for well over a decade. The brokers’ argument, according to Frank, is that they own a ticket and have the right to do anything they want with it — but live music professionals believe the ticket is actually a license, she says.
“That ticket can change hands 25 times, but ultimately the product is the show that we’re responsible for,” Frank continued. “As the people responsible for the product, we should be able to have terms and conditions on this license…Our product involves people coming into our houses which we are legally responsible for. We have to have oversight of how those tickets are transferred.”
Fellow panelist Frank Riley of High Road Touring agreed. “The only way to put this genie back in the bottle is to regain control of who’s in charge of the ticket, and that’s been the artist and the promoter,” said Riley. “Any other solution that’s out there will not work.”
Riley said that putting a cap on how much a ticket can be resold for would be a major hit to brokers on the secondary market. “If you eliminate the profit motive out of the secondary market [as we know it], it will disappear,” he said.
As NIVA, the National Independent Talent Organization, Universal Music Group and many other music industry entities who have signed on to the Fix the Tix legislation are fighting for federal regulation over ticketing, University of Chicago Booth School of Business professor of economics and entrepreneurship Eric Budish suggested that transparency about where the funds go could bolster those efforts.
“Congress or somebody else should figure out who made how much money on the Taylor Swift tour. Taylor Swift made a lot of money and good for her,” Budish said. “But if a ticket got resold for $2,000, there’s 35% fees on that, give or take, so the resale platform probably made more on that ticket than Taylor Swift did. The broker made more money on that ticket than Taylor Swift did. The search engines made a bunch of money in aggregate on those tickets. I’d love to see that money added up. I think that could be really persuasive to a large number of consumers.”
Another approach to tackling the issue came from panelist Neeta Ragoowansi, executive director of Folk Alliance International and president of Music Managers Forum in the United States. Ragoowansi explained that selling fake tickets or listing tickets that a seller does not actually own constitutes copyright infringement, since the seller is using the name of an artist and/or venue to sell an item without permission. She suggested taking legal action against brokers or search engines who are allowing them to operate these illegal practices, similar to how the National Music Publishers’ Association filed suit against Twitter for copyright infringement over its failure to license music.
Naming NIVA, NITO, Music Managers Forum and the Recording Academy, Ragoowansi said, “There’s a variety of interested parties that have members who have standing to file suit there. File suit on mass, class action or even just 15-20 parties who have a variety of causes of action.”
A class action against the brokers or search engines could make substantial headlines, says Ragoowansi, adding it would “allow for the parties to come to the table and start talking about settlement and creating a precedent so that others don’t come in.”
The National Independent Venue Association (NIVA) will host its latest conference this July in Washington, D.C.
The association — which successfully lobbied for the $16.25 billion Shuttered Venue Operators Grant (SVOG) for indie venues struggling through the pandemic — will bring together its members from July 10-12. The inaugural NIVA Conference was held last year in Cleveland with more than 650 members in attendance.
The 2023 edition will focus on topics including industry diversity, mental health, safety, insurance, the economic impact of live entertainment, booking, artist development, ticketing and the role of live entertainment in policymaking. NIVA ‘23 will also give members the opportunity to engage with the organization’s federal and national partners on Capitol Hill, in the Biden administration and throughout the D.C. region.
“In welcoming the NIVA conference to the District, we look forward to showcasing the independent venues and creatives who keep D.C. the capital of creativity,” said Washington, D.C. mayor Muriel Bowser in a release. “And we have a lot to be proud of — from our vibrant Go Go scene, to the venues that have hosted and built generations of music fans, to the festivals that bring Washingtonians together year after year. D.C. residents love going to festivals and shows and supporting artists, and we know the important role our creative community will continue to play in D.C. ‘s comeback. We look forward to bringing NIVA members and industry experts together in D.C., and we’ll see you in July.”
In addition to a full slate of programming, organizers promise live performances, a pre-party on July 9 and an awards gala July 10 at independent venue The Anthem that will celebrate live entertainment’s contribution to the nation. Events will take place at multiple NIVA music and comedy venues across Washington, D.C. During the evenings, attendees can take advantage of concerts and performances happening every night of the conference as NIVA ‘23 coincides with National Independent Venue Week, making D.C. the epicenter of independent live music in the country the week of July 10.
“Thousands of music and comedy venues across the country spent 2020 and 2021 focused on making the case to Washington D.C. policymakers that small businesses in live entertainment needed help to prevent the permanent loss of stages in every community, and NIVA’s efforts led to the largest arts investment in U.S. history,” said NIVA’s recently appointed executive director Stephen Parker in a release. “This summer, the nation’s music and comedy community will return to D.C. to illustrate why the partnership between government and the independent live entertainment industry must continue beyond the pandemic, to forge the future for independent music and comedy venues, festivals and promoters and to demonstrate their place in America’s culture and economy.”
NIVA is partnering with the following member venues and festivals to bring the 2023 conference to Washington, D.C.: All Things Go, Black Cat, DC Improv, DC9 Nightclub, Down in the Reeds Festival, I.M.P. (The Anthem, 9:30 Club and Lincoln Theatre), Listen Local First D.C., National Cannabis Festival, Pearl Street Warehouse, Rhizome, Songbyrd Music House, The Hamilton, The Pie Shop, The Pocket, U Street Music Hall Presents and Union Stage.
Further details on the conference’s programming and speakers will be announced at a later date. Registration information can be found here.