NIVA Federal Priorities for the 118th Congress
A Legislative and Regulatory Agenda to Advance Live Entertainment’s Economic Impact
Supporting Independent Venues, Festivals, and Promoters
The National Independent Venue Association (NIVA) formed in 2020 to save the live performance industry in the wake of the COVID-19 global pandemic. Our work during the pandemic resulted in the passage of the Save Our Stages Act, a $16.25 billion grant program that delivered critical relief to venues, festivals, promoters, and performing arts centers. This historic investment in the arts preserved thousands of stages in rural and urban communities across the country so fans and artists could continue to bond through a shared love of music, comedy, and performance. Now, NIVA has transformed into a national voice for the small businesses and nonprofit organizations that make up the overwhelming majority of live performance spaces in the country.
The following agenda represents actions that Congress and the Biden Administration can take during the 118th Congress to elevate live entertainment's role in our nation's economic development, diplomacy, and cultural enrichment.
1) Pass Comprehensive Ticketing Reform to Lower Ticket Prices and Combat Predatory and Deceptive Practices Targeting Consumers
The unchecked ticketing ecosystem in the U.S. negatively impacts fans and artists and threatens the entire live entertainment industry. Predatory practices by professional brokers, such as speculative tickets and exorbitant price gouging, are pervasive on secondary ticketing platforms.
To address this, comprehensive federal ticketing legislation is needed to protect consumers, ensure equitable access to face-value tickets, and restore the integrity of the ticketing marketplace. NIVA is leading Fix the Tix, a coalition of 30 national live entertainment organizations collectively advocating for a ticketing experience better than the nightmare that many fans and artists currently navigate.
The Fix the Tix Plan would ban price gouging, fake tickets, and fraudulent resale practices, provide transparency in ticket pricing, prioritize fan privacy and safety, and guarantee fans the chance to recoup their costs if they can’t make a show.
Visit FixTheTix.org for more information.
2) Preserve Equitable Access to Artist Visas
The U.S. Citizenship and Immigration Services' (“USCIS”) proposal to increase fees on O and P visas by more than 125% would prevent many foreign artists and their personnel from engaging with performance audiences. The proposed fee increases would sever critical ties between artists and local businesses and economies. We urge USCIS to cancel or postpone the proposed fee hikes that apply to O and P visas for those in the live music sector.
Read NIVA’s joint comments with the Recording Industry Association of America, the Recording Academy, and Music Managers Forum here.
3) Promote Workforce Development for the Live Performance Economy
In 2023, the Bureau of Labor Statistics declared that promoters of events, agents, and managers are among the fastest-growing industries in the nation. The live music industry alone generates $170 billion annually and supports 2.47 million jobs across the nation. Music, comedy, theater, and other performing arts are fueling economies in cities across the country. Yet, job training and upskilling in this industry have not been prioritized by federal workforce development programs. As Congress considers reauthorization of the Workforce Innovation and Opportunity Act and the Carl D. Perkins Career and Technical Education Act, it should incentivize and increase flexibility for governors and workforce development boards to create a workforce pipeline for the live entertainment industry.
4) Evaluate Performing Rights Processes & Procedures
Live performance venues are the only licensees outside of record companies that pay artists directly to produce their work. Technology advancements will eventually spur updates to licensing methodology, processes, and procedures to allow venues to pay for what’s actually performed on their stages and ensure songwriters that have their songs performed or played actually get paid. With the proliferation of performing rights organizations in the U.S., Congress should work with NIVA to study and evaluate the licensing policies and practices regarding live performance.
5) Urge U.S. Treasury Not to Limit Sponsorship Revenue Streams for Small Businesses and Non-Profits
The Alcohol and Tobacco Tax and Trade Bureau’s (TTB) Advanced Notice of Proposed Rulemaking on Trade Practice Regulations includes a provision that could limit supplier partnerships and sponsorships for performance venues. Supplier partnerships, especially with alcohol distributors, create a vital income and expense offset that creates an opportunity for reinvestment and often allows for live entertainment operators to break even. Any additional federal limits on sponsorships or partnerships will jeopardize the small businesses and non-profits across the country that are working to preserve live entertainment in both rural and urban communities.
Read NIVA’s comments regarding the proposed TTB rulemaking here.
6) Lower Credit Card Fees for Small Businesses
Burdensome credit card fees are inhibiting the recovery of the live entertainment sector, particularly the small businesses and non-profits that make up most of the independent venues and festivals across the U.S. The Credit Card Competition Act of 2023 would enhance credit card competition and choice in order to reduce excessive credit card fees and NIVA urges Congress to pass this legislation.
7) Preserve Human Artistry in the Artificial Intelligence (AI) Age
Congress must consider the interests of human creators when crafting policy around AI. Artists, particularly those in live entertainment, are leading, building, inspiring evolutions in technology. They need a seat at the table in any conversation legislating or regulating the AI that would impact their creativity, industry, and livelihood.
NIVA has joined the Human Artistry Campaign and our principles may be accessed at humanartistrycampaign.com.