Decibel and Docket

Dave Brooks

Decibel and Docket is a podcast at the intersection of the music business, live entertainment and the justice system. Hosted by veteran entertainment journalist Dave Brooks and attorney Mike Seville, this weekly podcast examines major legal stories and headlines affecting artists, content creators and the business of culture.

  1. 3D AGO

    Nathaniel Marro from NITO Talks DOJ Settlement + Ticketfly Founder Andrew Dreskin On What He Told the DOJ During the Live Nation & Ticketmaster Merger

    This podcast episode of the Decibel and Docket focuses on the Live Nation antitrust trial, featuring interviews with Nathaniel Morrow from the National Independent Talent Organization (NITO) and Andrew Dreskin, founder of Ticketfly and TicketWeb. Dave Brooks hosts this solo episode while co-host Mike Seville prepares for trial . The episode includes shortened versions of conversations with both guests, with a full hour-long interview with Andrew Dreskin promised for later in the week.Nathaniel Morrow explains NITO's unique position as sellers to both Live Nation and competing promoters. He believes the trial is beneficial for competition but acknowledges that Live Nation and Ticketmaster will continue operating regardless of the outcome, requiring the industry to work with them. The trial has revealed troubling internal communications, including Slack messages from Live Nation employees expressing negative views about fans paying inflated prices for tickets, parking, and VIP services A major concern is that artists have limited control over ancillary revenue streams. Agents rarely see or negotiate parking charges, and these aren't included in offer sheets for 99.9% of touring artists . While platinum tickets are generally negotiated with artist teams setting limits on quantity and pricing, there are concerns about unauthorized additions of platinum inventory without artist knowledge . NITO's Settlement ConcernsNITO published a statement with five recommendations for improving the DOJ settlement . Key issues include: Fan Data Access: The settlement requires Ticketmaster to provide fan buyer data to artists, but NITO wants clarity that artists can use this data freely through their own CRM systems to promote shows and releases, not just through Ticketmaster portals . Fee Caps: While the settlement includes a 15% fee cap at Live Nation amphitheaters, NITO wants this defined as all fees collectively, not just service fees, and expanded beyond amphitheaters . They argue emerging and mid-level acts are most harmed by high fees, as a $20 ticket with 30% fees becomes nearly $30, potentially deterring price-sensitive audiences from discovering new artists . Amphitheater Access: The settlement allows outside promoters to rent Live Nation amphitheaters, but NITO argues this won't work practically unless promoters can access ancillary revenue from parking, food, and beverages . Ticketing Platform Splits: A provision allows 50% of tickets to be sold on non-Ticketmaster platforms, but NITO emphasizes this only works with equitable seat distribution and proper consumer education. Enforcement and Industry IssuesNITO calls for stronger enforcement mechanisms with protected channels for reporting violations without retaliation, noting that industry connectivity has improved since 2010 through organizations like NITO. They support all-in pricing but note ongoing transparency issues, as agents often don't know final fees until tickets go on sale. NITO strongly supports 10% resale caps similar to UK legislation, working on bills in California, New York, and Vermont, arguing that resale controls could reduce dynamic pricing. Andrew Dreskin's PerspectiveDreskin finds the federal government's pursuit of the case "confounding" under a pro-business administration. He believes the focus on Taylor Swift's ticketing issues misses the mark, comparing high-demand on-sales to denial of service attacks. During the original merger review, Dreskin supported it, believing it would create opportunities for competitors like Ticketfly by driving venues away from Ticketmaster, but this didn't materialize as expected . He notes that while early threats from Live Nation to venues leaving Ticketmaster were more overt, the company has learned to be more subtle, with the mere possibility of losing shows being sufficient deterrent.

    51 min
  2. MAR 27

    Ep. 11 || Why America Loves Seeing Afroman Do The Cops Dirty + How Chance and Pat's Divorce Got So Messy AND the $10M AI Streaming Music Crime Spree at Spotify

    The latest episode of the Decibel and Docket Podcast, hosted by veteran music journalist Dave Brooks and attorney Michael Seville, explores major legal developments shaping the music industry, from a landmark Supreme Court ruling to high-profile artist disputes and emerging AI fraud cases. The episode opens with breaking news from the Supreme Court of the United States involving Sony Music Entertainment and Cox Communications. In a rare unanimous 9–0 decision, the Court overturned a billion-dollar verdict against Cox, ruling that internet service providers cannot be held liable for user piracy. The case, Cox Communications v. Sony Music Entertainment, centered on whether ISPs should police illegal downloading. Justices including Sonia Sotomayor and Neil Gorsuch agreed that ISPs are infrastructure providers—not enforcers of copyright law. The ruling marks a major setback for record labels like Sony, Universal Music Group, and Warner Music Group in their ongoing fight against piracy, while reinforcing limits on corporate liability in the digital age. The podcast then shifts to a viral legal victory for rapper Afroman (real name Joseph Foreman), who defeated a defamation lawsuit brought by deputies from the Adams County Sheriff's Department. The case stemmed from a controversial 2022 raid on Afroman’s home based on faulty information from a confidential informant. After officers caused property damage, Afroman responded with music videos and merchandise mocking the police. Despite claims of defamation, a jury ruled in Afroman’s favor, affirming his First Amendment right to criticize law enforcement. The hosts highlight how the case reflects broader free speech protections rooted in protest music traditions dating back to N.W.A and their iconic song “F**k tha Police,” while also illustrating the “Streisand effect,” where legal action amplifies unwanted attention. Next, Brooks and Seville examine the long-running legal dispute between Chance the Rapper and his former manager Pat Corcoran. The six-year battle revealed a critical business failure: the absence of written contracts. Despite managing Chance’s meteoric rise—including major festival bookings, brand partnerships, and merchandise success—Corcoran lacked formal agreements outlining compensation, including standard “sunset clauses.” After Chance’s 2019 album The Big Day underperformed, the relationship deteriorated, leading to lawsuits and countersuits. Ultimately, Chance prevailed, winning nominal damages of just $35. The case underscores the importance of contract law principles like the statute of frauds and serves as a cautionary tale for artists and managers relying on handshake deals, even when industry norms are widely understood. Finally, the episode explores a groundbreaking criminal case involving AI-generated music and streaming fraud. Michael Smith, a North Carolina musician, pleaded guilty to wire fraud conspiracy after orchestrating an $8 million scheme using bots to stream hundreds of thousands of AI-generated tracks across platforms like Spotify, Apple Music, and YouTube. Working with Alex Mitchell of Boomi, Smith allegedly created fake artists and manipulated streaming algorithms to generate royalties. While AI-generated music itself is not illegal, the use of automated bots to inflate streams crossed into fraud. The case represents the first federal conviction of its kind and highlights the growing legal challenges posed by AI in the music industry. Throughout the episode, Brooks and Seville blend legal analysis with industry insight, offering listeners a deep dive into how court decisions, artist disputes, and technological innovation continue to reshape the economics and governance of modern music.

    54 min
  3. MAR 7

    Ep. 8 | Has Live Nation Already Lost The DOJ Case? + 'Ticket Masters' Co-Author Dean Budnick Weighs In On Live Nation Courtroom Drama

    Title: Inside the Live Nation Antitrust Trial: Unpacking the DOJ's Case Against TicketmasterIn this riveting episode of "Desible and Docket," hosts Dave Brooks and Michael Seville take listeners on an in-depth journey through the Department of Justice's high-stakes antitrust case against Live Nation Entertainment and Ticketmaster. With expert guest Dean Budnick, the episode dissects the legal intricacies and market dynamics that could reshape the live entertainment industry. Understanding the Case The episode kicks off with a comprehensive overview of the DOJ's allegations against Live Nation and Ticketmaster, focusing on claims of monopolistic practices and market dominance. The hosts explore the historical context of the consent decree tied to Ticketmaster's merger and its implications for current antitrust liability. This sets the stage for a nuanced discussion on whether past compliance can determine present legal outcomes. Key Testimonies and Evidence A pivotal segment of the episode centers on the testimony of John Abimondi from Barclays Center, which serves as a cornerstone for the DOJ's arguments about market leverage and retaliation. The hosts analyze how Live Nation's alleged pressure tactics on venues considering alternatives like SeatGeek could constitute anticompetitive behavior. This discussion is crucial for understanding the broader market definition and the role of venues in this legal battle. Market Dynamics and Competition: Listeners gain insights into the competitive landscape of the ticketing industry, with a focus on the bid dynamics between Ticketmaster and SeatGeek. The episode delves into the implications of a dominant promoter-ticketing firm and the concerns surrounding Live Nation's significant market share. The hosts discuss how these dynamics affect venues, artists, and ultimately, consumers. Potential Remedies and Consumer Impact The conversation shifts to potential remedies if the DOJ prevails, exploring options from structural changes to policy tools like resale caps. The hosts debate the practical limits of these remedies in addressing consumer pain points, such as ticket prices and accessibility. This segment provides a critical look at how legal outcomes could impact the concert-going experience. Historical Context and Industry Evolution Dean Budnick offers a historical perspective on the evolution of Ticketmaster and its regulatory relationships, drawing parallels to the current antitrust scrutiny. The episode revisits the Pearl Jam congressional testimony and examines how past lobbying efforts have shaped industry regulations. This context enriches the discussion, highlighting the long arc of regulatory shifts in the ticketing industry. Media and Transparency The hosts also touch on the role of media in shaping public perception of the trial, discussing the potential for live-streaming federal trials and the impact of courtroom transparency. This adds another layer to the conversation, considering how media coverage influences the legal process and public understanding.SEO-Optimized Elements:

    50 min

Ratings & Reviews

5
out of 5
5 Ratings

About

Decibel and Docket is a podcast at the intersection of the music business, live entertainment and the justice system. Hosted by veteran entertainment journalist Dave Brooks and attorney Mike Seville, this weekly podcast examines major legal stories and headlines affecting artists, content creators and the business of culture.

You Might Also Like