The National Independent Talent Organization (NITO) is calling on State Attorneys General to address "paper concessions" and ambiguities in the current Live Nation draft settlement with the Department Of Justice.
NITO is the trade organization for independent U.S. agents and managers, the thousands of artists they represent and their millions of fans.
Full text of NITO's open letter to the State Attorneys General trying the Live Nation case is below.
Five key areas where NITO says the current draft settlement falls short:
1) Data Access Must Be Functional
The requirement for Live Nation to share ticketing data with artists is a major win, but NITO warns that NDA restrictions must not prevent artists from using this data in their own CRM systems. Without the ability to freely use fan info for promotion, the provision becomes "toothless".
2) 15% Fee Cap is Too Narrow
Currently, the settlement caps "service fees" at 15% only in Live Nation amphitheaters. NITO argues this is insufficient because:
- "Service fees" are just one of many layered, opaque charges fans face.
- Emerging and mid-level acts in smaller venues—who are most harmed by predatory fees—are left out.
- The Demand: NITO wants a 15% cap on total fees across all Live Nation shows and venues.
3) Real Competition Requires Ancillary Revenue
Opening amphitheaters to outside promoters is a hollow victory if those promoters can’t access revenue from food, beverage, parking, or merchandise. Without these streams, independent promoters simply cannot outbid Live Nation for talent.
4) Equitable Ticket Inventory
The allowance for promoters to move 50% of ticket inventory to other platforms only works if that inventory is equitably distributed. NITO fears Ticketmaster will keep the premium seats while dumping rear-section inventory on competitors, rendering the move "window dressing".
5. Enforcement with Teeth
Past consent decrees have failed to deter Live Nation's monopolistic behavior, according to NITO who is calling for:
- Formal, protected channels for industry reps (agents, managers, venues) to report violations.
- Strict protections against retaliation by Live Nation or its affiliates.
“Anything less than these specific clarifications renders the settlement’s provisions toothless,” said Nathaniel Marro, Executive Director of NITO. “We stand ready to work with all parties to ensure a truly competitive and transparent live music industry.”
NITO Statement on the DOJ/Live Nation Settlement [FULL TEXT]
The National Independent Talent Organization has carefully reviewed the Department of Justice settlement with Live Nation and has concerns about what remains undefined and what that ambiguity could mean for working artists and fans. As State Attorneys General continue the trial against Live Nation, NITO is calling on all parties to address critical gaps before any additional terms are agreed upon.
1. Artist Data Access — A Major Win That Must Be Protected The requirement that Live Nation provide artists with their own ticketing data is potentially the most consequential provision in this settlement. Direct access to fan data, previously inaccessible to artist teams, levels the playing field and gives artists real agency in building their careers. It also provides artists more information to protect their fans from predatory resellers.
While the DOJ settlement subjects this sharing to an NDA, any interpretation must allow artists to upload this fan data into their own CRM systems and use it freely to promote both their recordings and live performances, regardless of who is promoting the show. Anything less renders this provision toothless.
2. The Fee Cap Must Be Broader and Better Defined Capping service fees at 15% in Live Nation Amphitheaters sounds meaningful until you realize "service fee" is just one of many fees included in a ticket purchase and how fans are routinely burdened with layered, opaque charges.
The artists most harmed by predatory ticketing fees are emerging and mid-level acts playing smaller venues to price-sensitive audiences. Limiting protections to amphitheaters leaves the most vulnerable artists without relief. NITO urges a comprehensive standard: total fees on any ticket should not exceed 15% of face value. This should extend beyond amphitheaters to all Live Nation shows and venues to ensure artists and their fans are protected from burdensome fees.
3. Outside Promoters in LN Venues — Who Actually Benefits? The settlement's allowance for outside promoters to book Live Nation Amphitheaters is only meaningful if those promoters have access to the same ancillary revenue streams Live Nation enjoys. If outside promoters are locked into rental agreements with no pathway to food, beverage, parking, or merchandise revenue, they simply cannot outbid Live Nation for artists and most won't bother trying. Competitive bidding only happens when competitors can actually compete. This provision risks being a paper concession that changes nothing in practice and does nothing to improve artist choices at the amphitheater level.
4. Split Ticketing Inventory — The Devil Is in the Details Allowing outside promoters to place 50% of ticket inventory on a platform of their choice is a promising step but only if that inventory is equitably distributed. If the non-Ticketmaster allocation is stocked with rear-section seats while premium and preferred inventory stays locked to Ticketmaster, this provision will fail artists and fans alike.
Clarity is needed about who controls the inventory split, whether fans can purchase from a single point of sale or must navigate multiple links and how conflicts are resolved. Done right, this could open the door for artists to partner directly with ticketing companies that offer lower fees and better fan experiences. Done wrong, it's window dressing.
5. Enforcement Without Teeth Is Not Enforcement Every provision in this settlement is only as strong as its enforcement mechanism and right now, that mechanism is unclear. Consent decrees alone have proven to be an insufficient deterrent in the past. NITO is calling for formal, protected channels through which industry representatives, including booking agents, talent managers and independent venues, can report violations or suspected violations without fear of retaliation by Live Nation or any of its affiliated companies.
NITO is committed to working constructively with all parties toward a more competitive, transparent, and equitable live music industry. Our members and our organization stand ready to serve as a resource in that effort and we will continue to advocate loudly until these gaps are closed.
Nathaniel Marro, Executive Director