Entertainment, Arts & Sports Law Section

Copyright and the Art of Its Protection

October 16, 2018
4:00 - 6:00 p.m.; followed by a cocktail reception

ArtsWestchester
31 Mamaroneck Ave, 9th Floor
White Plains, NY 10601

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This event is complimentary, however, registration is required.

Join a panel of skilled attorneys as they discuss copyright as it applies to working artists. Topics will include the fine points of the copyright application and copyright registration, in addition to strategies that unrepresented artists and artists working with a gallery all can employ to protect their work from infringement. Information and insights will be constructive, sensible and anything but abstract!

S P E A K E R S

Betsy Dale, Esq., Dunnington, Bartholow & Miller
Betsy is an attorney practicing in the corporate, litigation, and intellectual property and art law practice areas, with a concentration on disputes, contracts and intellectual property matters.

Jana S. Farmer, Esq., Wilson Elser
Jana is an art lawyer representing art market participants in all stages of the creation, licensing, sale, lending, gifting, merchandising and display of art.

Julie A. Hopkins, Esq., Hopkins IP
Julie provides counseling, registration, and enforcement of trademarks and copyrights to clients in the fashion and apparel, arts, food, beverage, technology, and healthcare industries.

M O D E R A T O R

Nisa Lynn Ojalvo, Vice President Legal Affairs, LVMH Moët Hennessy Louis Vuitton Inc.
Nisa is a corporate transactional lawyer with a specialty in intellectual property. Prior to joining LVMH in 2001, Nisa worked at Millbank Tweed Hadley & McCloy in Hong Kong and at Fuji Television in Japan. She is also an internationally published photographer.

Questions? Contact Kristina Maldonado @ kmaldonado@nysba.org

SPORTS, DRUGS AND ROCK & ROLL
The Evolving Landscape of Drugs and Scandals in Sports and Entertainment

Sponsored by the Entertainment, Arts and Sports Law and the Food, Drug and Cosmetic Law Sections

Thursday, October 18, 2018
2:30pm - 5:30pm Followed by a Networking Reception
Location: At Arent Fox, 1301 Avenue of the Americas (52^nd - 53^rd Streets), 42^nd Floor, New York, NY
3 hours of CLE credits in Areas of Professional Practice

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AGENDA

2:30 – 2:45pm            Welcome and Introduction - Barry Skidelsky, Esq., New York, NY   EASL Chair
2:45 – 4:00pm            Panel One: This panel will address the intersection of sports and drug laws, touching on the usage of legal and illegal substances to enhance athletic performance, as well as regulatory issues relating to drug approvals and dietary supplements.
1.5 credits of Professional Practice

Moderator:                 Brian Malkin, Esq., Arent Fox, Washington, DC (FDC Chair)

Panelists:                   Rick Collins, Esq., Collins Gann McCloskey & Barry, Mineola, NY
                                   Jay Manfre, Esq., Collins Gann McCloskey & Barry, Mineola, NY 
                                   Cameron Myler, Esq., CAS Arbitrator/NYU Professor, New York, NY
                                   Bill Ordower, Esq., EVP/GC, Major League Soccer, New York, NY
                                   Adolpho Birch, Esq., (invited) SVP/Labor Policy & League Affairs, National Football League, New York, NY

4:00 – 4:15pm            Break

4:15 – 5:30pm            Panel Two: This panel will discuss the legal fallout in entertainment and sports from what has come to be known as the "Me Too" movement. Topics to be covered include a brief overview of NYS and NYC sexual harassment statutes; defending against the firing, arrest, scandal or a controversy involving a celebrity entertainment, sports or corporate media client; the legal status of non-disclosure and arbitration agreements in sexual harrassment cases; and the relevance of inclusion riders in a #MeToo world.
1.5 credits of Professional Practice
Program Co-Chairs: Ann LaBarbera, Esq., Pamela Jones, Esq., Robert Seigel, Esq.

Moderator:                 Eriq Gardner, Sr. Editor, The Hollywood Reporter, New York, NY

Panelists:                   Ben Brafman, Esq., Brafman & Associates, New York, NY
                                    Greg Chiarello, Esq., Outten & Golden, New York, NY
                                    Kalpana Kotagal, Esq., Cohen Milstein, Washington, DC
                                    Jennifer O'Sullivan, Esq., Arent Fox, New York, NY
                                    Kristin Klein Wheaton, Esq., Goldberg Sagalla, Buffalo, NY
                  

5:30 – 7:00pm            Networking Reception

Click HERE to view the Flyer!

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Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under that policy, any member of our Association or non-member who has a genuine basis of his/her hardship, if approved, can receive a discount or scholarship, depending on the circumstances. To apply for a discount or scholarship, please send your request in writing to Kristina Maldonado at: New York State Bar Association, One Elk Street, Albany, New York 12207 or kmaldonado@nysba.org.

Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimina¬tion 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 Stephanie Bugos at (518) 487.5588 or kmaldonado@nysba.org.

Music Business and Law Conference

Friday, November 16, 2018

New York Law School
185 West Broadway
New York, NY 10013

Cost to Attend:
EASL Section Members: $219 before September 30th and $249 after | NYSBA Members: $289 (Join EASL Today for only $35 and save $40 on your registration) | Non-NYSBA Members: $339 | Law Students: $149 | Accountants receiving CPE Credits: $299

REGISTER NOW

6.0 MCLE Credits / 7.0 CPE Credits: This program is not transitional and therefore does not qualify for newly admitted attorneys. The majority of this course is approved for credit for experienced attorneys only. This course is not transitional and therefore will not qualify for credit for newly admitted attorneys (admitted to the New York Bar for less than two years).

The Music Business and Law Conference will feature a variety of speakers from law, finance, business, and technology, with several panels focusing on global perspectives of representation, tax, and practical concerns for music artists and businesses alike.

AGENDA

8:00 - 8:45 am Registration and Breakfast

8:45 -9:00 am Opening Remarks / Overview of the Day

Plenary Session

9:00 -10:30 am 01. Music Business Basics and Beyond

Panelists:
Joseph L. Serling, Esq., Serling Rooks (Moderator)
Hanna Grzeszczyk, Founder & Director, Media IP Rights, Ltd.
Alisa Coleman, COO, ABKCO Music & Records Inc.
Janine Small, Esq., Janine Small, PLLC
Robert A. Celestin, Esq., The Law Offices of Robert A. Celestin
Elizabeth Schechtman, Esq., Director, Business Affairs, Music-Maradigm Talent Agency

Breakouts – Choose One of Two Panels

10:40-11:40 am 02. Empires of Their Own(DIY)

Panelists:
Gil Aronow, Esq. (Moderator)
Maria Lopez, CPA, Prager Metis
Laurie L. Soriano, Esq., King Holmes
Stephanie Scamardo, Hard Head Management

10:40 -11:40 am 03. Diversity in Business and Music

Panelists:
Michael Zaremski, Human Capital Solutions/Prager Metis
Deborah Scalise, Esq., Scalise & Hamilton, LLP
Ronald E. Taylor, CPA, Federal Reserve Bank of New York

Breakouts – Choose One of Two Panels

11:50am-12:50 pm 04. Music Modernization Act (US) / International Developments

The Music Modernization Act could be the most consequential copyright legislation in a generation. This panel will describe what it does, what it doesn’t do, how it affects current business and legal practices, and its effect on domestic and international copyright holders. Bring your questions.

Panelists:
Marc Jacobson, Esq. (Moderator)
Chris Castle, Esq. – CC Legal Firm and Music Tech Solutions Blog
Charlie Sanders, Esq. - Counsel-Songwriters Guild of America, Inc.
Alexander Ross, Esq. – Wiggin LLP (UK)
Christine Pepe, Esq.

11:50am-12:50 pm 05. Broadway Music Licensing II

We follow up on the excellent panel from last year with a review of the key legal issues to consider when clearing rights for using third party music in a stage musical or play. We then put our panel of long-suffering theater lawyers through their paces in a “deeper dive” into the area of using music on stage, including: grand vs small rights, using compositions from various composers (e.g., jukebox musical, bio-musical, conceptmusical), live-to-tape performances (e.g., JesusChrist Superstar), and music clearance associated with life story rights.

Panelists:
Stephen B. Rodner, Esq., Pryor Cashman (Moderator)
Robert C. Harris, Esq., Lazarus & Harris
Victoria Traube, Esq., SVP, Business Affairs & General Counsel, Concord Music
Daniel M. Wasser, Esq., Franklin, Weinrib, Rudell & Vassallo, P.C.
Carter Anne McGowan, Esq., Sendroff & Baruch, LLP

12:50 -2:10 pm LUNCHEON

Breakouts – Choose One of Two Panels

2:20- 3:20 pm 06. Blockchain for Music: AI and Smart Contracts

Panelists:
Aaron Wright, Esq., Assoc. Prof. Cardozo Law
Russ Safirstein, CPA, Prager Metis
Ken Umezaki, CEO/Co-Founder, dotBlockchain Media Project
Joe Mohen, CEO, Chimes Music

2:20-3:20 pm 07. Battle of the Band Members: Band Agreements and Break-Ups

A Manager, Transactional Attorney, and a Litigator, will discuss Band Partnerships from inception to breakup, each offering a unique perspective of the life and transitions of a Band. Among the topics are: 1) pros and cons of having a written partnership agreement, 2) lawyer compensation issues, 3) hiring a manager, 4) use of loan-out corporations, 5) co-authorship issues, 6) record and publishing deals, 7) touring and merchandising, 8) rights in the band’s name, and 9) litigation issues that may arise when the party (the partnership) is over, including conflict of interest issues.

Panelists:
Joyce Sydnee Dollinger, Esq. (Moderator)
Brian D. Caplan, Esq., Reitler, Kailas, Rosenblatt
Richard Grabel, Esq., Davis Shapiro
Vaughn Lewis, Manager, Strong Management

Plenary Session

3:30-5:00 pm 08. Litigation Update on the Music Front

The last year has seen many exciting copyright and entertainment developments in the litigation arena. Five experienced panelists who have litigated extensively in the music industry will examine some of the high profile cases (e.g., the “Stairway to Heaven” case, the proceedings by the NMPA before the Copyright Royalty Board, etc.), both for their legal impact and to highlight the parties' litigation strategies. From infringement issues, developments in the "fair use" defense in music sampling cases, to the setting of industry-wide rates for music streaming, the panel will also look at the practical effects and implications of these cases and trends for the industry going forward.

Panelists:
Paul LiCalsi, Esq., Robins Kaplan LLP (Moderator)
Christine Lepera, Esq., Mitchell Silberberg & Knupp LLP
Benjamin Semel, Esq. Pryor Cashman LLP
Helene M. Freeman, Esq., Phillips Nizer LLP
Brian D. Caplan, Esq., Reitler, Kailas, Rosenblatt LLC

Questions? Contact Kristina Maldonado@kmaldonado@nysba.org

Register Now

To learn more about the EASL Section, contact Kristina Maldonado

_____________________________________________________________________________________________________

Discounts and Scholarships: New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under that policy, any member of our Association or non-member who has a genuine basis of his/her hardship, if approved, can receive a discount or scholarship, depending on the circumstances. To apply for a discount or scholarship, please send your request in writing to Kristina Maldonado at: New York State Bar Association, One Elk Street, Albany, New York 12207 or kmaldonado@nysba.org.

Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimina¬tion 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 Stephanie Bugos at (518) 487.5588 or kmaldonado@nysba.org.

Law students, take note of this publishing and scholarship opportunity: The Entertainment, Arts & Sports Law Section of the New York State Bar Association (EASL), in partnership with BMI, the world’s largest music performing rights organization, has established the Phil Cowan Memorial/BMI Scholarship! Created in memory of Cowan, an esteemed entertainment lawyer and a former Chair of EASL, the Phil Cowan Memorial/BMI Scholarship fund offers up to two awards of $2,500 each on an annual basis in Phil Cowan’s memory to a law student who is committed to a practice concentrating in one or more areas of entertainment, art or sports law.

See full information here

Purchase the entire program or just the panels you are interested in! 

PURCHASE THE ENTIRE TODAY!

(if you are interested in just certain panels click on the panel title above) 

Bundle and SAVE: EXCLUSIVE Member Benefit - Bundling/Discount for Recorded Products 
Bundle your recorded CLE program purchases and save up to 40% off of your cart total! Here’s how it works: 

Select your recorded programs by format ( online video/audio streaming/ DVD/CD) and place them in your shopping cart.  The more products/credits you place in your shopping cart, the bigger the discount: 4 credits or more earns you 10% off of your shopping cart total; 8 or more credits earn 20% off; 10 or more 30% and 12 or more a maximum of 40% in savings.  

2017 MUSIC BUSINESS AND LAW CONFERENCE 

This program features 11 different panels featuring a variety of speakers from law, finance, business, and technology, with several panels focusing on global perspectives of representation, tax, and practical concerns for music artists and businesses alike. 

Topics include: 

• Music Publishing and Digital Media 
• Music Business Basics – Publishing / Recording / Sampling 
• You Don't Know What You've Got Till It's Gone – The Implications of Bankruptcy
• Licensing Music for Broadway
• International Focus - Global Database Efforts
• Taking the Band on the Road – Tour Accounting
• Ethics and Everyday Practice
• Trends in Branding and Merchandising
• It’s Still About the Money – Royalty and Licensing Audits
• Copyright Law and Litigation – Annual Review 

Full Program Description  

PURCHASE THE ENTIRE PROGRAM OR JUST THE PANELS YOU ARE INTERESTED IN! 

Bundle and SAVE: EXCLUSIVE Member Benefit - Bundling/Discount for Recorded Products 
Bundle your recorded CLE program purchases and save up to 40% off of your cart total! Here’s how it works: 

Select your recorded programs by format ( online video/audio streaming/ DVD/CD) and place them in your shopping cart.  The more products/credits you place in your shopping cart, the bigger the discount: 4 credits or more earns you 10% off of your shopping cart total; 8 or more credits earn 20% off; 10 or more 30% and 12 or more a maximum of 40% in savings.  

EASL SECTION’S ANNUAL MEETING PROGRAM 

Were you unable to make it EASL’s Annual Meeting Program? Purchase the recording and receive 4.0 credits in Professional Practice (Non-Transitional) 

The program included two panels:

First Annual Television General Counsel Roundtable (2.0 credits in Areas of Professional Practice)

The Television and Radio Committee (“TVR”) of the New York State Bar Association’s Entertainment, Arts and Sports Law Section (“EASL”), is pleased to present its inaugural annual Television General Counsel Roundtable, part of a slate of innovative programs planned by the TVR for 2017. 

To help kick-off what will be a rare colloquy among the top U.S. cable television attorneys, Moderator Eriq Gardner, Senior Editor of the Hollywood Reporter, has selected some of the most significant entertainment law cases of 2016, in order to spark a lively discussion concerning the most pressing legal and business issues confronting media and entertainment lawyers (and their clients) today, including the free-speech rights of filmmakers who transform real-life stories into theatrical films; the current battle over reshaping access to television programming via so-called over-the-top television and set-top boxes; related FCC action regarding net neutrality and the promotion of independent programming; and, the copyright implications of pre-1972 sound recordings used by television and radio today. Insights provided by the moderator and panelists on these and other issues will help illuminate current media and entertainment business practices, trends, challenges and opportunities.

Moderator: Eriq Gardner, Senior Editor, The Hollywood Reporter

Panelists:        
Nadja Webb Cogsville, Esq., Senior Vice President and Deputy General Counsel, VH1, LOGO, BET, CENTRIC, Music Strategy
Michael Fricklas, Esq., Executive Vice president, General Counsel and Secretary, Viacom Networks
Cynthia Gibson, Esq., Executive President and Chief Legal Office, Scripps Networks Interactive
Jon Lutzky, Esq., General Counsel, Vice Media
Jeffrey Schneider, Esq., Executive Vice President, Business and Legal Affairs, National Geographic Partners

Crisis Management For Celebrities (2.0 credits in Areas of Professional Practice)

What may be a crisis for one celebrity may not be one for another, but there are certain events that would universally be viewed as a crisis for most individuals in the public eye. From high visibility criminal proceedings to significant civil actions and accusations in the media, this panel will explore crisis management from the perspective of the criminal defense attorney, the civil litigator, the transactional attorney, the manager and the publicist. Each has a unique and integral role in guiding the celebrity through troubled waters in a stress filled time.

Moderator: Brian D. Caplan, Esq., Reitler Kailas & Rosenblatt LLC, New York City

Panelists:
Susan Arons, Rubenstein Communications, New York City
Benjamin Brafman, Esq., Brafman & Associates, PC, New York City
Paul Rosenberg, Goliath Artists, New York City
Theodor K. Sedlmayr, II, Esq., Sedlmayr & Associates, PC, New York City 

PURCHASE THE RECORDING TODAY!