Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsCommercial LawLitigationRegulationSectionsNewsLJN Newsletters

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

By Stan Soocher
January 31, 2016

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.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Disconnect Between In-House and Outside Counsel Image

'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.