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The Entertainment Business Law Seminar at CMJ Music Marathon

- Location -
CMJ Music Marathon
New York University
Helen and Martin Kimmel Center for University Life
New York City

Program Co-sponsored by the Entertainment Arts & Sports Law Section of the New York State Bar Association and its
Music and Recording Industry Committee

EASL Program Chairs: Christine Pepe, Esq., Keenan Popwell, Esq., & Rosemarie Tully, Esq. 
CMJ Program Chairs: Toby Butterfield, Esq., Joanne Abbott Green, Christopher Hull, Chris Marino, Esq., David Mazur, Esq., Michael Poster, Esq., & Marc Reisler, Esq.  

Registration Form (pdf)

PROGRAM AGENDA
7:30 a.m. - Registration – MCLE Sign-in and Breakfast (NYU Kimmel Center, 10^th Floor)

8:30 a.m. – 9:00 a.m. – Welcome 

9:00 a.m. – 10:00 a.m. 
Panel 1 - Stream a Little Stream
Nearly every media expert, pundit and observer predicts that increasing amount of media consumption will be via streaming media.  To what extent is streaming media being held back by legal and technological issues?  This panel will discuss some of the open issues facing streaming media, including copyright and licensing concerns, technological issues (e.g., limits mobile data plans, wireless capacity) and business issues (e.g., recording artist holdbacks, conversion of free to pay services and royalty payment methods) in light of the growth (or lack of growth) of streaming media consumption.

-Moderator- 
Steve Gordon, Esq., Steve Gordon Law

-Speakers-
Matthew DeFilippis, Vice President New Media & Technology, ASCAP
Larry Kanusher. Esq., Shareholder, Greenberg Traurig
Elias Roman, CEO and Co-Founder of Songza
Sami Valkonen, Esq., Head of International Music Licensing, Google Play

10:10 a.m. – 11:10 a.m. (choose one of two simultaneous panels)
Panel 2a - Music Lending 2012
With debt at rock-bottom prices and many of the traditional buyers of music assets sidelined,  both banks and lending funds have focused on the music industry.  What is the state of lending against music assets in 2012?  This panel will discuss issues including valuation, asset classes, the underwriting process, loan structures, tax concerns, covenants and the lending process generally. 

-Moderator- 
Wayne Wald, Esq., Partner, Akerman Senterfitt LP

-Speakers-
David Innes, Senior Vice President, Entertainment, City National Bank
Eric Longley, Prager & Fenton, LLP
Michael Poster, Esq., Partner, Vandenberg & Feliu LLP
Nari Matsuura, Partner, Massarsky Consulting
Curtis Vega, Senior Vice President, Media & Entertainment, HSBC Private Bank

 Panel 2b - Does TV Everywhere Mean Cutting the Cord, or Getting All Tangled Up?  
Video streaming and compression technologies keep improving, letting innovators vie to be the next disruptive television distribution platform.  Everyone from startups like ivi, Slingbox and Aereo to conglomerates like Time Warner Cable and Cablevision have made innovative legal arguments about their entitlement to stream others' television programming.  We'll hear from litigators and business leaders on the front line of these battles and ask them what lessons these cases hold for related industries.

-Moderator- 
Toby Butterfield, Esq., Partner, Frankfurt Kurnit Klein & Selz

-Speakers-
Greg Fioravanti, Vice President, Business Affairs & Rights Management, Discovery Communications
Hadrian Katz, Esq., Partner, Arnold & Porter LLP 
Robert Turner, Esq., Partner, Winston & Strawn LLP 
Mukesh Sehgal, CEO, RSG Systems

11:20 – 12:20 p.m. (choose one of two simultaneous panels)
Panel 3a - Ethics on the Borderline
Legal representation of musicians, bands or tech or entertainment startups frequently comes replete with ethical dilemmas.  Expert commentator and well known ethics author Ron Minkoff will help you navigate so you're never unexpectedly close to the line, and explain how to avoid crossing it.

-Speakers-
Ron Minkoff, Esq., Frankfurt  Kurnit Klein & Selz PC
Pery D. Krinsky, Esq.,  Krinsky, PLLC

Panel 3b - To 1099 or Not to 1099, That Is the Question
Over the past few years, the IRS has embarked on a campaign of enforcement relating to the misclassification of workers as independent contractors, seeking to curtail hemorrhaging tax revenues.  Similarly, numerous worker class action lawsuits have cropped up asserting violations of wage and hour laws through misclassification.  This changing landscape of employment and tax law makes the hiring of artists, musicians, writers and other entertainment professionals a precarious process.  Join us for a discussion mapping out the potential pitfalls, legal challenges and tax implications of classifying your workforce in the entertainment industry.  A panel of experts will explore topics including potential liability to workers and the IRS, maintaining ownership of worker-generated intellectual property, and the applicability and effects of the Central Withholding Agreement on foreign nationals.

-Moderator-
Christopher Marino, Esq., Associate, Giordano, Halleran & Ciesla

-Speakers-
Stephen Herbes, Esq., Principal, Law Office of Stephen F. Herbes
Richard Stoller, CPA, Partner, Prager and Fenton, LLP

 12:20 p.m. – 1:20 p.m. – Luncheon

1:30 p.m. – 2:30 p.m. (choose one of two simultaneous panels)
Panel 4a - Starting Up and Rolling Out: Fostering and Financing Innovation in Entertainment
Entertainment technology is evolving rapidly, new business models are emerging, and even the most traditional players are challenging long held assumptions about the industry.  How should startups navigate the challenges of partnering with established media businesses?  What is the industry doing to foster innovation?  How has the capital raising environment evolved over the past year and how might the JOBS Act affect entertainment startups?  This panel will address these questions and more.

 -Moderator-  
David Mazur, Esq., Managing Associate, MasurLaw

 -Speakers-
Tyler Lenane, Esq., Senior Vice President and General Counsel, MOG
Larry Miller – Managing Partner, Miller & Company, NYU Music Entrepreneurship Program
Mark Piibe, Esq., Executive Vice President, Global Business Development, EMI Music
Gene Rhough, Esq.   

 Panel 4b - Copyright Enforcement on the Edge
The DMCA safe harbor provisions were designed to create strong incentives for copyright owners and Internet Service Providers (ISPs) to cooperate to detect and deal with copyright infringements that take place in the digital environment.  More than ever before, ISPs have more sophisticated software tools for screening and filtering infringing content.  This panel will explore what copyright owners and ISPs have done and can do in the future to work together to combat infringement, beyond notice and takedown procedures.  This panel will also examine the meaning of “standard technical measures” as that term is used in the DMCA and whether any have been established.

 -Moderator-  
Eleanor Lackman, Esq., Partner, Cowan, DeBaets, Abrahams and Sheppard

-Speakers-
Jodie Griffin, Staff Attorney, Public Knowledge
Leo Lipsztein, Product Counsel, Google, Inc
Stanley Pierre-Louis, Esq., Senior Vice President and Associate General Counsel for Intellectual Property and Content Protection, Viacom, Inc.
Adam Sosinsky, Digital Media Technologist & Operations Executive (formerly with Sony Music's Global Digital Business)

2:40 p.m. – 3:40 p.m. (choose one of two simultaneous panels)
Panel 5a - "What Could Possibly Go Wrong? Protecting Yourself in a Wind-Down
Entrepreneurs plan for success.  Optimism is in their DNA.  However, every entrepreneur should also have a plan in case the dream crashes.  There may be valuable assets to protect and preserve.  Our expert panel will look at the anatomy of a failing company.  They will discuss vital steps to take in order to get out of a dying company with as few bumps and bruises as possible.  After all, there's always the next company." (Focus is, among other things, bankruptcy)

-Moderator-
Marc Reisler, Esq., Partner, Holland & Knight LLP

 -Speakers-
Aileen Atkins, Esq., Counsel, Best Buy, SVP and GC, CinemaNow (former General Counsel, Napster)
Susan Meisel, Esq., Senior Vice President, Corportate Counsel, Sony Music Entertainment
Ross Weston, Esq., SVP, Business and Legal Affairs, MTV Networks

Panel 5b - Celebrity Estates:  Death Poses New Problems 
The estates of creative artists and celebrities present issues that are different and challenging.  What rights does the estate have to exploit celebrity status?  Can the will overcome the presumptions and dictates of certain laws regarding the disposition of property?  What are the implications of copyright termination/reversions?  A panel of experienced attorneys and CPA's will explore these as well as other issues and bring light to possible solutions.

-Moderator-
Gabe Wolosky, CPA, Prager and Fenton, LLP

 -Speakers-
Kevin Matz, JD, CPA, Managing Member, Kevin Matz & Associates, PLLC
Herbert E. Nass, Esq., Principal, Herbert E. Nass & Associates
Jonathan Reichman, Esq., Partner, Kenyon & Kenyon

3:50 p.m. – 4:50 p.m.
Panel 6 - Beyond the Copyright Claim; Using all your Ammunition
Rights holders often think of copyright claims as their most powerful weapon to fight intellectual property theft.  However, there are many other weapons beyond copyright.  Our team of top gun litigators will look at the latest strategies beyond copyright to protect owners' rights in entertainment properties.  They will look at the differences among these strategies and what needs to be done in advance in order to make sure they are available.  Don't go into a fight without a full arsenal."

 -Moderator-  
Toby Butterfield, Esq.,  Partner, Frankfurt Kurnit Klein & Selz

 -Speakers-
Alan Friedman, Esq., Partner, Katten Muchin Rosenman
Paul LiCalsi, Esq., Partner, Mitchell Silberberg & Knupp LLP  
Brian Murphy, Esq., Partner, Frankfurt Kurnit Klein & Selz

4:50 – 5:10 p.m.
Conclusion, Closing Remarks, Announcements

Pricing:

OPTION 1: Entertainment Business Law Seminar ONLY -
$249.00 NYSBA members only
$299.00 Non-NYSBA members
$149.00 Law students with Valid Student ID)

This option includes admission to the Entertainment Business Law Seminar (Friday, October 19, 2012) providing up to 6.0 New York MCLE credits, written course materials, refreshments and luncheon. (Please note that this option DOES NOT include a CMJ Music Marathon 2012 registration.)

OPTION 1a: Entertainment Business Law Seminar – Plus 2-day CMJ Music Marathon Badge (Badge to be used Friday & Saturday only)
$349.00  NYSBA members only

This option includes admission to the Entertainment Business Law Seminar (Friday, October 19, 2012) 6.0 New York MCLE/6.0 New York CPE credits, written course materials, refreshments and luncheon, plus 2-Day CMJ Music Marathon 2012 Badge. - PLEASE CLICK ON REGISTER ONLINE NOW TO SEE THIS OPTION 

The Following Options Below must be purchased at http://www.cmj.com/marathon/attend/ 

OPTION 2:Entertainment Business Law Seminar + 2-Day CMJ Music Marathon 2012 Badge 
$399.00: purchase here: http://www.cmj.com/marathon/attend/ 

This option includes admission to the Entertainment Business Law Seminar, 6.0 New York MCLE/6.0 New York CPE credits, written course materials, refreshments and luncheon, plus 2-day CMJ Music Marathon 2012 Badge valid during Friday, October 19, 2012 and Saturday, October 20, 2012 only. The 2-day CMJ Music Marathon 2012 Badge MUST be picked up Friday, October 19, 2012 from 7:30am to 6:30pm.

OPTION 3:Entertainment Business Law Seminar + Full 5-Day CMJ Music Marathon 2012 Badge
$674.00: purchase here: http://www.cmj.com/marathon/attend/ 

This option includes admission to the Entertainment Business Law Seminar, 6.0 New York MCLE/6.0 New York CPE credits, (This program is NOT transitional and therefore NOT suitable for newly admitted attorneys) written course materials, refreshments, luncheon and a 5-day CMJ Music Marathon 2012 Badge valid during the entire event, Tuesday, October 16, 2012 through Saturday, October 20, 2012. The 5-day CMJ Music Marathon 2012 Badge can be picked up beginning Tuesday, October 16, 2012 beginning at 9:00am.

The last day to pre-register online was October 17, 2012.

Members, please login to get member discounts.

Seminar
Attorney Registration	$249.00

Seminar
Attorney Registration	$299.00

Seminar
Attorney Registration	$149.00

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Kathy Heider at 800-582-2452 or kheider@nysba.org.