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First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events

By Stan Soocher

Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.

Celebrity Attractions Inc. v. Oklahoma City Public Property Authority, CIV-15-1267 (W.D.Okla.), is a case in point. Though it had no written exclusivity provision, Celebrity Attractions presented the Broadway theatrical season at the government-controlled Oklahoma City Civic Center Music Hall (CCMH) for 24 years. There is a formal process for obtaining a use permit (that states the CCMH use dates, venue rental fees), as well as a written box office agreement between the Public Property Authority and a permittee covering ticket sales and related concerns. The box office agreement provides the CCMH with the sole right to sell event tickets, but stipulated Celebrity as “Primary Box Office” ticket seller for season renewals. The Public Property Authority/Celebrity agreement also stated: “All account information collected for storage and use on [the box office] ticketing system, is considered the intellectual property of T.H.E. Box Office and the Oklahoma City Public Property Authority.”

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