Concert market chaos investigation： scalpers are raging, the market is warming up, and the audience is cold

　　On the morning of the 26th, it was revealed that the audience shouted refund for the #WubaiHefei concert. According to Nine Pai News Video, on November 24th in Hefei, Anhui Province, before the performance of the Wubai concert, many audience shouted "refund" because of unreasonable seating arrangements, which attracted widespread attention. On the 25th, an audience member said that he bought a VIP area of 1,280 yuan and was assigned to the V6 area. "The stage is recessed, and two large screens are added on each side. We can only see half of the stage on both sides of V5 and V6. The band behind us is basically invisible, and people can’t see it. The big screen looked up. Many fans said that they went to massage after watching it." It claims that the organizers did not inform them in advance of the risk of being blocked from view in zones V5 and V6.

　　Wubai concert scene. Video screenshot

　　This is not the first concert this year that has caused complaints because of the obstruction of the viewing location. Before this, the "pillar ticket" of Liang Jingru’s concert in Shanghai also attracted public attention. According to the upstream news, with the explosive recovery of the concert market this year, the old problems such as high-priced tickets, scalper tickets, and "pillar" tickets continue to appear, and with the "sinking market" of concerts, some chaos in concerts held in third- and fourth-tier cities has begun to appear.

　　The performance market will explode in 2023

　　According to statistics, the total box office of national commercial performances in the first half of 2023 increased by nearly seven times year-on-year, according to Beijing Youth Daily. According to data released by the China Performance Industry Association, the total number of national commercial performances in the first half of 2023 was 193,300, with a total box office of 16.793 billion yuan, an increase of 673.5% year-on-year. Recovery and growth have become the core keywords of the offline performance market. According to Crowley’s report data on the economic development of offline music performances in 2023, from February to March this year, the number of daily active users of Damai.com increased by 74% compared with the same period in 2019, 4 times more than the same period in 2022, setting a five-year high. During the same period, Barley sold 47,000 performances, which was 3 times that of 2019. The platform box office scale and ticket purchases increased by 127% and 87% respectively compared with the same period in 2019. The box office of offline music performances increased significantly.

　　According to media reports, the opening ceremony of the 22nd China Shanghai International Arts Festival Performance Fair and the 28th Yangtze River Delta Performance Fair, Liu Kezhi, president of the China Performance Industry Association, shared relevant data in his opening speech: In the first three quarters of 2023, the number of commercial performances (excluding entertainment venues) reached 342,400, an increase of 278.76% year-on-year; the box office revenue reached 31.54 billion yuan, an increase of 453.74% year-on-year; unique viewers 100 million 11.05 million, an increase of 532.6% year-on-year, showing the huge market vitality of the national performance industry. However, with the recovery of the performance market, the important segments of the concert market, such as high-priced tickets, scalper tickets, and "pillar" tickets, continued to emerge. With the "sinking market" of concerts, some of the concerts held in third- and fourth-tier cities began to show some chaos.

　　Big concertIt’s hard to get a ticket "the goods are not on the right board"

　　According to Jiupai News, after more than a month of warm-up, on the evening of July 21, the TFBOYS "Ten-Year Covenant" concert was officially announced. In the afternoon of the same day, the entry "TFBOYS Official Expo Online" was already on Weibo’s trending topic list. Shortly after the official announcement of the concert, the first row of tickets was marked to 200,000 by "scalpers", and the second and third rows were also 150,000 yuan each.

　　According to a number of "scalpers", compared with the sky-high price invitation letter, the auction is the most cost-effective way to buy TFBOYS concert tickets. According to the auction fee table of a "scalper", a ticket with the highest price of 2013 yuan for a TFBOYS concert costs more than 7,000 yuan, while a ticket with a face value of 806 yuan costs more than 3,000 yuan. On the eve of the ticket grab, many scalpers made it clear that the order has been saturated and stopped taking orders. "After tonight, I can’t accept the 10,000 generation grab fee, and the pit space is limited." According to reports, a "scalper" group composed of several hundred college students received more than 50 orders, and it cost 3,000 yuan to find a programmer to write a ticket grab program to prepare a machine and manual dual channel to grab tickets. Some scalpers even recruited temporary part-time shooters due to insufficient demand. If the 2013 yuan ticket price is successfully grabbed, there will be a commission of 3,500 yuan, with an average of 4-5 people grabbing a ticket.

　　Concert ticket purchase page. Network screenshot

　　And similar to the situation of the Wu Bai concert, according to the previous news Knews news, some audience reported that they spent thousands of yuan to buy tickets for Liang Jingru’s Shanghai concert, but after arriving, they found that their vision was blocked by the pillars around the stage, and watching the singer became a pillar.

　　According to reports, footage taken by Ms. Zhang, a Shanghai resident, at her concert on May 20 showed that she bought a ticket worth 1,299 yuan on the second-floor grandstand, and the pillar directly in front of the seat happened to block the singer. Coincidentally, Mr. Liu, who bought a ticket of 999 yuan, also encountered a similar situation. On the Internet, the topic of the two Liang Jingru concerts in Shanghai blocking the line of sight caused heated discussions, and hundreds of consumers who had the same experience launched rights protection. According to reports, Damai has communicated the matter with the project organizers; the concert organizer, Shanghai Rubik’s Cube Pan Culture Performing Arts Co., Ltd., said that during the ticketing stage, they did not know that there would be four pillars in the stage design; Xuhui District Consumer Protection Commission has intervened and interviewed the company, and will urge the formulation of a solution in the future.

　　According to Red Star News, on November 15, the lawsuit related to the "pillar ticket" of Liang Jingru’s concert in Shanghai was heard in the Meilong Court of the People’s Court of Minhang District, Shanghai. A total of 9 spectators filed a lawsuit against the concert organizer, Shanghai Rubik’s Cube Pan-Culture Performing Arts Co., Ltd. The court combined the nine lawsuits and has not yet pronounced a verdict. According to reports, on the issue of concert disputes, the Shanghai Consumer Rights Protection Commission has counted that since 2023, concerts have become a new hotspot of consumption, resulting in an increase in concert-related complaints. The Municipal Consumer Protection Commission has accepted more than 7,000 concert-related consumer complaints, including group complaints caused by obstruction of consumers’ seat views. Due to the difficulty in reaching a consensus between operators and consumers on the consequences of damage and liability for compensation, complaints about the occlusion of the concert line of sight are frequent and highly concentrated.

　　Liang Jingru concert scene. Video screenshot

　　As if it was a response to Liang Jingru’s concert "pillar ticket", according to the Yangzi Evening News Network, after the official announcement of Jay Chou’s 2023 Carnival World Tour Concert Hohhot Station, a "Special Ticket Announcement" appeared in the official ticketing channel Cat’s Eye Ticketing. On August 14, the organizer of this concert, Shanxi Xingtai Guangying Culture and Entertainment Co., Ltd. issued an announcement, saying that it would meet the needs of the majority of fans, so that more fans could experience the joyous atmosphere of the "Jay Chou Carnival Concert" Hohhot station on the spot, and reduce congestion outside the concert venue. After coordination and striving with all parties, the organizer will sell seats with special discounts due to poor visibility in the area blocked by the sound console. The organizers also stated in the announcement that the seats in this area are blocked to varying degrees, and it is impossible to fully see the whole stage. A large screen is set up behind the sound console for the audience to watch, and the special tickets will not be refunded or exchanged after purchase. What caused the audience’s heated discussion was that although it is a blocked ticket, it is also divided into three gears, which are divided into 600 yuan, 500 yuan and 300 yuan. "I never expected that this will be divided into gears?" Some fans complained.

　　How to protect the rights of "pillar ticket" and "wall ticket"

　　Zhang Ming, a lawyer and partner of Beijing Jingshi Law Firm, said in an interview with China News Agency that Article 8 and Article 9 of the Consumer Rights Protection Law stipulate that consumers have the right to know and the right to choose goods or services independently. Viewers have the right to know the true situation of the services available for the selected seat when purchasing tickets. If the ticket seller and the organizer do not distinguish the seats whose line of sight is blocked in advance by marking and reducing the price, consumers can exercise reasonable rights protection based on the Consumer Rights Protection Law.

　　However, Zhang Ming also admits that the current cost of protecting fans’ rights is too high. Although the price of concert tickets may be as high as thousands of yuan, from the perspective of litigation, the amount is still very small. Litigation itself usually requires the appointment of lawyers, and it also requires a long cycle and high cost. Therefore, few people choose to go to the court to safeguard rights litigation. Generally, they can only choose to negotiate, seek help from consumer rights protection organizations, or complain to administrative supervision departments.

　　Fu Jian, director of Henan Zejin Law Firm, believes that enjoying a complete audio-visual experience is the main right of concert ticket buyers and the main obligation of the organizers. Due to the failure of live performance equipment, the audience cannot hear the sound, or the performance cannot be seen due to occlusion, etc., the services provided by the organizers are defective, and consumers can ask the organizers to refund the tickets or refund part of the fees.

　　According to the Consumer Rights Protection Law, if the goods or services provided by the operator do not meet the quality requirements, consumers can return the goods in accordance with national regulations and the parties’ agreement, or require the operator to perform obligations such as replacement and repair, Fu Jian said. Consumers can communicate with the organizer to request compensation or refund. If the two parties cannot reach an agreement, they can report the complaint to the market supervision department or consumer association, or sue the court to claim their legitimate rights and interests.

　　In response to the provision that concert tickets are generally sold without refund, Fu Jian believes that the concert ticket purchase agreement belongs to the format clause, and the non-return and exchange once sold excludes the main rights of consumers. According to the provisions of the Civil Code, the format clause that excludes the main rights of the other party is invalid, and the concert tickets in the Interim Measures for the Return of Goods Purchased Online in Seven Days without Reason are not non-refundable goods. The platform unilaterally restricts the rights and interests of consumers to return and exchange tickets, which is a situation that aggravates the responsibility of the other party, and it is likely to be found to be invalid. However, considering that concerts have a certain timeliness, and the refund of tickets for upcoming performances is likely to affect secondary sales, it is reasonable to make restrictive provisions on refund.

　　The China Consumers Association also suggested that relevant performance ticketing platforms and organizers should consider how to better protect consumers’ rights and interests and improve consumer experience from the perspective of promoting the release of consumption potential, and reasonably formulate ticket return and exchange rules based on the principle of fairness and publicize them to consumers to ensure that consumers are fully informed and actively confirmed before purchasing tickets. If "no return, no exchange" tickets are launched, refundable tickets should be launched at the same time, and reasonable prices should be set for consumers to choose and arm’s length transaction.

　　On September 13, the Ministry of Culture and Tourism and the Ministry of Public Security jointly issued the "Notice on Further Strengthening the Standardized Management of Large-scale Commercial Performance Activities and Promoting the Healthy and Orderly Development of the Performance Market". It requires that performance organizers should establish a ticket refund mechanism for large-scale performance activities, set a reasonable level of ticket refund fees, and ensure the legitimate refund rights of ticket buyers.

　　A little more news:

　　The "sinking" concert market is full of slots

　　According to the China Performance Industry Association’s "National Performance Market Brief for the First Half of 2023", music performances in third- and fourth-tier cities will increase in 2023, and performance cities will extend from first- and second-tier cities to third- and fourth-tier cities. In this regard, People magazine interviewed five young people who watched concerts in their hometowns, and upstream news sorted out some of the characteristics displayed.

　　Handan: The stars converge like a rural stage

　　The interviewee, Ms. Wang, said that in June, Handan held another concert. The title seller of the concert was a well-known wine company in Handan. "This concert also gave away a lot of tickets. The school teachers will send it out, the surrounding residents will send it out, the wine will be sent out, and the developers will also send it out. I feel like I can’t wait for half of Handan City to go."

　　Music festival scene. People magazine

　　According to his introduction, maybe because of the gathering of stars, four hosts were arranged to join the show, "But I think this host is also strange. There are one and the other to make everyone shout slogans and advertising words, and the interaction is very embarrassing, a bit like that kind of rural stage."

　　Maoming: Pour Coke in a Coke bottle and sell it for 15 yuan

　　The interviewee, Mr. Li, said that he was more speechless about spending during the music festival. "Food and water are not allowed at this music festival, even umbrellas are not allowed. I brought an umbrella and it was taken away… The umbrellas sold in the booth are 50 yuan a piece." Mr. Li also said that when he was hungry, he and his colleagues went to buy beef instant noodles, even if the instant noodles were added with a few pieces of beef, it cost about 40 yuan. "I went to buy Coke, and the staff poured Coke directly from a large Coke bottle, added a few pieces of ice, and sold it to me for 15 yuan." In addition, at the end of the performance, Mr. Li and his friends drove away. When they arrived at the exit of the parking lot, they found a large area blocked. They scanned the code to pay the parking fee. As a result, the signal was very weak, and they could not pay the fee. There were no staff there to serve.

　　Guigang: The sound quality is too poor, and the stars sing with difficulty.

　　The interviewee, Ms. Luo, said that the only concert she saw this year was a star concert. She said that on the first day of the ticket release, she grabbed 388 yuan of tickets from the grandstand area. "It stands to reason that the tickets bought on the first day must be closer to the stage, but when we arrived at the venue, we were at the’top of the mountain ‘in the last row." Ms. Luo asked the people in front of the seat that they bought tickets only a week before the show started, which cost only 200 yuan, or locally. The infield is even more exaggerated, and the tickets of 1200 yuan can be bought for more than 500 yuan before the opening. "Although the venue is quite large, the stage is really too small, which I can tolerate. But the sound quality is really bad. The celebrities also sing very hard, and they feel a little unable to speak. "

　　Nanping: Order and Chaos star performance is sloppy

　　According to the interviewee, Ms. Zhang, the organizers of the concert did little publicity and did not have a guide sign. As the opening approached, people began to sit in the stadium one after another, but many people took free and discounted tickets. "The person next to me came after dinner, and he said that he drank some wine in the evening, and he still smelled of alcohol." Ms. Zhang said that the order was also a bit chaotic after the performance began. Some people left their seats and squeezed into the front row, and the security did not care. "My husband and I both felt that a certain star acted sloppily when singing, like completing a task. After singing, they left the stage without interacting."

　　A city in Hebei: Sponsor "bottle" ads are played throughout the screen

　　The interviewee, Ms. Zhang, introduced that after the opening of the "All Stars Concert", everyone began to shout "refund". When the first singer came out, everyone did not give face at all, and they were also shouting, "There were some artists singing in the middle of the journey. Obviously, they were frightened by this scene, and they did not interact much.

　　Wine ads scrolled on the big screen. People magazine

　　Ms. Zhang said that from the perspective of the scene, the lighting design is not very reasonable. People are sitting in the infield, and the lights are directly shining on people’s faces, which is very dazzling. "There are a few small screens on the stage, and four of them play animations of wine bottles throughout. When the artist sings, the’big wine bottle ‘is still rolling next to it, which is very eye-catching."

　　Upstream news is comprehensive from "People" magazine, China-Singapore Jingwei, Jiupai News, Beijing Youth Daily, Kan News, etc