EASL Spring Meeting
Thursday, May 5, 2016
1:30 p.m. - 7:30 p.m.
Herrick, Feinstein LLP | 2 Park Avenue, New York, NY 10016
Cost to Attend: EASL Members: $50.00 | NYSBA (Non-EASL) Members: $100.00 | Non-NYSBA Members: $125.00 | Newly Admitted Attorneys (24 months or less): $35.00 | EASL Law Students: $25.00 Not a Section Member? NYSBA Members Can Join EASL for only $35.00!
5.0 MCLE Credit in Professional Practice. This program in not transitional, and therefore does not qualify for newly admitted attorneys
Cutting-Edge Case Developments in Entertainment Law
Stan Soocher, Esq., Editor-in-Chief, Entertainment Law & Finance
Discussion of recent cases covering, among others, such issues as the inter-relationship between a company trademark and company principal’s right of publicity, whether an entertainer’s social media account is a “use in commerce,” descendibility of Lanham Act false endorsement claims, defamation claims over gossip columns, copyrightability of individual creative contributions to movie and TV productions, declaratory actions over copyright status of underlying works for new productions, copyright fair use in stage productions, lawsuits against counsel by clients who lose copyright cases, when law firms sue clients for fees in entertainment royalty litigation, domestic documents requests for entertainment litigation in foreign countries, continuous accrual doctrine in royalty suits and talent agencies act litigation.
Negotiating And Enforcing Revenue Participations in Film and TV
Revenue participations in film and TV come in different shapes, for example, net, adjusted gross, gross and royalties. And they’re used in different contexts, including production, distribution, finance and ventures. This panel will provide practical guidance as to how participations are structured, audited and litigated, with a special focus on new channels of distribution.
Ezra Doner, Esq., The Law Office of Ezra Doner
Stephen Einhorn, Former President, New Line Home Entertainment
Neville Johnson, Esq., Johnson & Johnson LLP
Show Me the Money!: Rights of Publicity in the World of Sports
This 1.5 hour CLE program will explore the many timely issues relating to the rights of publicity of student and professional athletes. The discussion will begin with an overview of the right of publicity as it has been applied in various jurisdictions. This will be followed by a review of significant recent developments, including challenges to the depiction of athletes in video games, cases arising out of television broadcast rights and fantasy sports, and some very significant decisions and judgments including the $8.9 million jury award to Michael Jordan arising from an “advertisement” congratulating him being named to the NBA Hall of Fame. We’ll also assess the recent “tattoo” claim by Solid Oak Sketches against Take-Two Interactive and others, and will examine whether athletes’ body art should be deemed part of their persona. The panelists will discuss the substantive and procedural issues raised by these cases, including the tension between the athletes’ rights and the First Amendment, possible copyright preemption of certain claims, the availability of class actions, and the role of expert testimony is setting damage awards. The panel will also examine current deal terms for athletes’ publicity licensing rights.
Hal Biagas, Esq., Sr. Vice President and former GC of Excel Sports Management
Barry Werbin Esq., Herrick, Feinstein LLP
Edward Rosenthal, Esq., Frankfurt Kurnit Klein & Selz, PC
Samuel M. Bayard, Esq., Davis Wright Tremaine LLP
For question about the program: Beth Gould - Bgould@nysba.org
To register over the phone call the State Bar Service Center at 1-800-582-2452