미국의 티켓재판매시장 규제입법에 관한 연구

Abstract

In these days There are many complain about ticket scalping. They argue that most fans who want to see their favorite show, concert, and sporting events are frustrated because they couldn’t buy ticket at the moments of the ticket’s released. Then fans are forced to rely on the secondary ticket market and purchase the ticket at the price above the face value. This is largely result from the use of “ticket purchase program” which allows the ticket scalper to bypass an internet ticket site’s security measures. But Current law, ticket scalping is not regulated. Ticket scalping is nothing new in U.S. From 1900’s, ticket scalping problem emerged and got serious. In reaction to this negative connotation, State legislative have been passing anti-scalping law. These laws vary from state to state. While Some state prohibit ticket scalping, Other state permit the practice but regulate it. For example, under New York law, ticket resale is not illegal but regulated it through any forms including licence and taxation. Furthermore it is unlawful, similar to BOTS Act, to use ticket purchasing software to buy the ticket. For anti-scalping law, the U.S. Supreme Court’s ruling is changed over time. Early courts view such statutes as violations of liverty interests and property rights. Accordingly Anti-scalping law is unconstitutional and struck down. But since Nebbia decision and Gold decision, it is acknowledged that the statute restricting the ticket resale is exercise of state police power for public interest. Based on these development of the ticket scalping and current law restricting ticket resale in U.S. I intend to draw implications for the proper and effective measures of the regulation of ticket resale transactions.