Finding A ‘Crisis,’ NITO Calls For NY To Cap Ticket Fees

The National Independent Talent Organization is calling for the state of New York to take action following the release of a study that shows what the organization calls an “escalating ticket fee crisis” in the Empire State.

NITO said its study of 86 venues in New York showed that the average primary ticket fee is now 28.65%, an increase of more than 36% since 2016, when the state itself studied the issue.

In almost 10% of cases studied, fees exceeded 50% of the face value and in some especially notable instances, the fees exceeded face value. For example, NITO found an $18 at the Bethel Woods Center for Arts that carried $33 in fees. Similarly, an $18 ticket at Syracuse’s OneCenter Crouse Hinds Theatre had $20.35 in fees.

NITO is seeking a change to state law, which currently allows the vague “reasonable” standard for fee-setting without providing a firmer definition of reasonableness.

“New York’s ticketing fee crisis represents a systemic distortion of value, artificially inflating the cost of live entertainment and undermining the trust between artists and their audiences. In many cases, they appear to violate New York law, which prohibits ‘service charges in excess of the actual cost’ of delivering a ticket,” NITO wrote.

The study found that tickets sold through the major corporate players — LiveNation’s Ticketmaster (and its subsidiary TicketWeb) and AEG’s AXS — averaged 34.7%, largely accounting for the overall increase since 2016. Tickets sold either in-house or through smaller platforms had an average fee level of 18.7% of face.

Things are even costlier on the secondary, with fees on the major resale platforms averaging 39%. Interestingly, the fees on Ticketmaster and AXS’s resell platforms (TM+ and AXS Marketplace) are lower than those on their respective primary sites.

NITO is calling on the state to cap fees at 15% of face value.

These fees are not just irritating; they are a form of systemic price distortion, artificially inflating the cost of live entertainment and degrading the relationship between artists and audiences. In many cases, they also appear to violate existing New York law, which prohibits ‘service charges in excess of the actual cost’ of delivering a ticket,” the organization said. “The New York legislature has the power to fix this. It can pass proposed legislation that would cap primary and secondary market ticket fees.. At the very least, we must stop pretending that this system is working. It is not. Excessive fees hurt fans, burden artists, and erode public trust. New Yorkers deserve better.”

State Sen. James Skoufis, a Democrat from Orange County and chairman of the Committee on Investigations and Government Operations, said the report should spur lawmakers to action.

“Buying a ticket 100% over face value, or paying a fee larger than the cost of the ticket itself, just isn’t possible for the average New Yorker. I will keep pushing as hard as possible for major ticketing reform – the New York State Legislature has to decide once and for all whose side they’re on: industry that’s desperately looking to protect the status quo or the millions of working- and middle-class fans who are locked out of live entertainment,” he said.