Sections & Committees

Entertainment Arts & Sports Law Section

New York State Bar Associations 

Entertainment Arts and Sports Law Section

Music and Recording Industry Committee Meeting 

 

General Meeting  and Informal Discussion

Topics:   

The Impact of Digital Technology on the Music Business
Speaker -Matthew Greenberg, Esq.

Are Personal Managers Fiduciaries?  Also a General Overview of Recent Court Cases Relevant to the Music Business
Speaker- Judah Shapiro, Esq. Chairperson of the Music Committee
 

Date :
Tuesday, November 12, 2019

Time :
12:00 - 1:30/ 2:00 ish  
Light lunch (Sandwiches etc) will be served.

 

Place:
Law Offices- Ritholz Levy Fields, LLP  
235 Park Avenue South -Third Floor, New York, NY 10003

 

RSVP  here, below or Just Drop In … 

    Contact Judah Shapiro -   email jshapiro @judahshapirolaw.com / [email protected]

    (917) 225-2926 (cell)  (212) 953-6633 (office) 630 Third Avenue 19th Floor New York, NY 10017


Music Business and Law Conference 

November 15, 2019
New York Law School | 185 West Broadway | New York, NY 10013

Register Today! 


Cost to Attend:
EASL Section Members: $249 

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 

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). 


Register Now!


MBLC 2019 

EASL – MUSIC BUSINESS LAW CONFERENCE – NOVEMBER 15, 2019 

This year’s Music Business and Law Conference features a variety of speakers from law, finance, and business, with panels focusing on global perspectives, building brands, income streams, tax, and practical concerns for the music artist advisor. 

Panels and Program

8:00 a.m. - 8:45 a.m.        Registration and Breakfast

8:45 a.m. -9:00 a.m.         Opening Remarks / Overview of the Day

9:00 a.m. -10:30 a.m.      1.  THE BASICS:  ARTIST REVENUE STREAMS
From a variety of perspectives, including Publishing, Recording, Licensing, Management, Merch and Touring, we will explore the avenues of artist revenue streams and tech's effect on income collection and distribution. As you might imagine, the devil is in the details... and the data. 
Jared Leibowitz, Esq., General Counsel Vydia, Inc.
Tim Dadson, Esq., Deputy General Counsel, SoundExchange
Jason Berger, Esq., Partner, Margolis Edelstein
Erika Stallings, Esq., BMI
Michael Simon, Esq., President, Rumblefish
Liz Norris, Activist

10:40 a.m. - 11:40 a.m.   2A.  COPYRIGHT REGISTRATION CHALLENGES
After an overview of what’s protectable by copyright and which form to file, we will explore the nuances of publicationrecordation, and registration (and when it becomes effective), and then dive into a lively discussion about registration challenges that music professionals face when registering multiple works, digital cover art, label copy credit/work-for-hire, and more.
- Joyce S. Dollinger, Esq.Moderator
- Robert J. Kasunic, Esq., Assoc. Reg. of Copyrights, Dir. Registration Policy and Practice, US Copyright Office
- Sy Damle, Esq., Latham & Watkins LLP

                                        2B. RUMBLE IN THE EU JUNGLE - EU DIRECTIVES, BREXIT, THE MMA, AND COMPETITION - WHY THIS ALL MATTERS TO US PUBLISHERS AND SONGWRITERS
Marc Jacobson, Esq., Marc Jacobson, P.C. 
Ellis S. Rich, OBE, Hon. DMus, CEO Supreme Songs Ltd., fmr. Chairman PRS/MCPS
Ann Sweeney, Esq., SVP International/Global Policy, BMI
- Tom Frederikse, Esq., Partner, Clintons UK
- Alisa Coleman, COO, ABKCO

11:50 a.m. - 12:50 p.m.   3A.  MUSIC MODERNIZATION ACT – PRACTICAL EFFECTS
- Neeta Ragoowansi, Esq.
, Moderator, SVP Business/Legal, Co-Founder NPREX
Regan A. Smith, Esq. General Counsel, Assoc. Reg. of Copyrights, US Copyright Office
Danielle Aguirre, Esq., EVP and General Counsel, NMPA
Charles J. Sanders, Esq., Counsel to Songwriters Guild of America

                                       3B. THE 2019 GOLD RUSH IS IN MUSIC CATALOGS: THE OUTLOOK FOR MUSIC ASSET TRANSACTIONS AND STRATEGIES IN MITIGATING RISK
The music industry is experiencing a sea change that has led to five consecutive years of substantial growth that is powered in large part by the success of paid subscription streaming services, but also a confluence of emerging markets, technological advancements and legislative changes.  The growth is expected to continue for the next several years which has attracted an array of investors who perceive tremendous value in both music publishing and master recording assets.  This panel of industry experts at the forefront of the evolving music business will discuss the current state of the business, what constitutes an attractive music asset and the valuation, legal and financial strategies necessary to mitigate risk in catalog transactions.
- Christopher Hull, CPA
, Moderator, Prager Metis CPAs
Austin Jacobs, CPA, Prager Metis CPAs – London
Nari Matsuura , Massarsky Consulting
Lisa A. Alter, Esq., Alter, Kendrick, Baron
- Neil Gillis, President, Round Hill Music

12:50 p.m. - 1:05 p.m.     LUNCH / KEYNOTE
1:05 p.m. - 2:10 p.m.       TOP BUSINESS AND LEGAL EXECUTIVES AT UNIVERSAL/REPUBLIC RECORDS
-Monte Lipman, Co-Founder and CEO of Republic Records
-Avery Lipman, Co-Founder and President of Republic Records
-Steve Gawley, Esq., EVP Bus/Legal, Universal Music Group, East Coast Labels
-Daniel Getz, Esq., SVP Bus/Legal, Universal Music Group, Republic Records
Moderated byLarry S. Miller, Clinical Assoc. Prof. /Director, Music Business Program, NYU Steinhardt

2:20 p.m. - 3:20 p.m.       4A.  KEY BUILDING BLOCKS FOR PROFITABLE ARTIST MERCH PROGRAM
In today’s music industry a recording artist must find alternative sources of revenue to thrive. A successful merchandising program can be a material source of revenue for a band.  Additionally, a successful merchandising program helps promote bands and adds value to its brand and trademarks.  This panel of industry experts have vast experience and are at the forefront of this essential revenue source and promotional vehicle.  They will discuss the evolution of the band merch business, the current state of the business, how to create a successful program, and partnering as well as legal and compliance considerations.
- Lewis Stark, CPA, CFE - Moderator - Prager Metis CPAs - New York
Dell Furano, President, Epic Rights – Los Angeles
Tahir Basheer, Esq., Sheridans – London
Jed Ferdinand, Esq., Ferdinand IP, New York

                                         4B. DIVERSITY FOCUS:  DISRUPTING IMPLICIT BIAS
Often we are not aware of our implicit biases, because they are reflexive.  We fail to notice them unless they are brought to our attention.  Each of us has implicit biases, and understanding this can be the first step toward disrupting the reflexive and improving the opportunities for diversity and society as a whole.  Our speakers will share their paths toward disrupting implicit bias and lead us to a better understanding of this human dilemma and how to address it in our own lives, as well as provide insights into implicit bias and the law.
Cheryl L. Davis, Esq. General Counsel, Authors Guild
- Jill Pilgrim, Esq., Pilgrim & Associates Law Offices
- Michelle Kim, Esq., Google
Deborah Robinson, Esq., Viacom, Inc.
 - Joshua Zuckerberg, Esq., Pryor Cashman

3:30 p.m. - 5:00 p.m.        5.  LITIGATION UPDATE ON THE MUSIC FRONT
Robert W. Clarida, Esq.Moderator, Reitler, Kailas & Rosenblatt LLC
Sandra A. Crawshaw-Sparks, Esq., Partner, Proskauer Rose
Daniel J. Aaron, Esq., Daniel J. Aaron, P.C.
Cynthia S. Arato, Esq., Partner, Shapiro Arato Bach LLP
Richard S. Mandel, Esq., Partner, Cowan, Liebowitz & Latman


Questions? Contact Kristina Maldonado @ [email protected]


 Register Now! 


Thank you to our Headlining Act Sponsor of the 2019 Music Business Law Conference: 

eMinutes


eMinutes

___________________________________________________________________________________________
 
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 [email protected].

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 Kristina Maldonado at (518) 487.5588 or [email protected].




THE DIVERSITY AND FINE ARTS COMMITTEES

OF THE ENTERTAINMENT, ARTS AND SPORTS LAW SECTION (EASL)

OF THE NEW YORK STATE BAR ASSOCIATION (NYSBA), AND THE NATIONAL ARTS CLUB (NAC),

PRESENT

ART AND ACTIVISM: WORKING ALONG THE LINES OF ACTIVISM AND ARTISTIC EXPRESSION

A three-part discussion series exploring the world of activist art

Part Two: FRIDAY, NOVEMBER 15, 6:00 PM

 

The New York State Bar Association EASL Section’s Diversity Committee and Fine Arts Committee (spearheaded by Mandy Estinville for EASL), and the National Arts Club (NAC) presents Art and Activism: Working Along the Lines of Activism and Artistic Expression. A three-part discussion series exploring the world of activist art from different perspectives continues on Friday, November 15 at 6:00 PM at the NAC, which is located at 15 Gramercy Park South, New York, NY.​

 

Today, activism is in the midst of a renaissance. Movements such as Black Lives Matter and the #MeToo movement are bringing issues of oppression, violence, and injustice to the fore in a very visceral way. While protests are commonly used to spread awareness, art is another formidable tool to propel the social equality agenda forward. Throughout the history of social movements, art has always been vital in addressing social and political issues. This three-part series features a conversation with artists, curators, and attorneys who will explore the benefits, challenges, and implications of employing artistic expression as a form of activism.​

 

Our next discussion, The Institutional World of Activist Art, will examine activism through a conversation with curators and attorneys. This conversation will address the benefits, challenges, and legal implications involved in presenting often-controversial art. Speakers will include Grace Aneiza Ali, Leila A. Amineddoleh, Sara Reza, and Aliza Shvarts as moderator.​

 

This event is free and open to the public; however, an RSVP is encouraged at nationalartsclub.eventbrite.com. Entry to this event is not guaranteed with the Eventbrite reservation. Please arrive a few minutes before the event start time to reserve your seat. Seating is first-come, first-served.


December 15, 2019 is the deadline to get your original papers in for a chance to receive a $2500 scholarship!


THE PHIL COWAN MEMORIAL SCHOLARSHIP

Download PDF Flyer

Law students, take note of this publishing and scholarship opportunity: The Entertainment, Arts & Sports Law Section of the New York State Bar Association (EASL) has established the Phil Cowan Memorial Scholarship!  Created in memory of Cowan, an esteemed entertainment lawyer and a former Chair of EASL, the Phil Cowan Memorial 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.

The Phil Cowan Memorial Scholarship has been in effect since 2005.  It is awarded each year at EASL’s Annual Meeting in January in New York City.

The Competition: 

Each Scholarship candidate must write an original paper on any legal issue of current interest in the area of entertainment, art or sports law.

The paper should be twelve to fifteen pages in length (including Bluebook form footnotes), double-spaced and submitted in Microsoft Word format.  PAPERS LONGER THAN 15 PAGES TOTAL WILL NOT BE CONSIDERED.  The cover page (not part of the page count) should contain the title of the paper, the student’s name, school, class year, telephone number and email address.  The first page of the actual paper should contain only the title at the top, immediately followed by the body of text.  The name of the author or any other identifying information must not appear anywhere other than on the cover page.  All papers should be submitted to designated faculty members of each respective law school.  Each designated faculty member shall forward all submissions to his/her Scholarship Committee Liaison.  The Liaison, in turn, shall forward all papers received by him/her to the three (3) Committee Co-Chairs for distribution.  The Committee will read the papers submitted and will select the Scholarship recipient(s). 

Eligibility:

The Competition is open to all students – both J.D. candidates and L.L.M. candidates -- attending eligible law schools.  “Eligible” law schools mean all accredited law schools within New York State, along with Rutgers University Law School and Seton Hall Law School in New Jersey, and up to ten other accredited law schools throughout the country to be selected, at the Committee’s discretion, on a rotating basis.

Free Membership to EASL: 

All students submitting a paper for consideration, who are NYSBA members, will immediately and automatically be offered a free membership in EASL (with all the benefits of an EASL member) for a one-year period, commencing January 1st of the year following submission of the paper.

Yearly Deadlines:

  • December 15th:  Law School Faculty liaison submits all papers she/he receives to the EASL/BMI Scholarship Committee 
  • January 15th:  EASL/BMI Scholarship Committee will determine the winner(s)

The winner will be announced, and the Scholarship(s) awarded at EASL’s January Annual Meeting.

Submission:

All papers should be submitted via email to Kristina Maldonado at [email protected] no later than December 15th, 2019. 

Prerogatives of EASL Scholarship Committee:

The Scholarship Committee is composed of the current Chair of EASL and, on a rotating basis,   former EASL Chairs who are still active in the Section, Section District Representatives, and any other interested member of the EASL Executive Committee.  Each winning paper will be published in the EASL Journal and will be made available to EASL members on the EASL website.   The Scholarship Committee is willing to waive the right of first publication so that students may simultaneously submit their papers to law journals or other school publications.  In addition, papers previously submitted and published in law journals or other school publications are also eligible for submission to The Scholarship Committee.  The Scholarship Committee reserves the right to submit all papers it receives to the EASL Journal for publication and the EASL Web site.  The Scholarship Committee also reserves the right to award only one Scholarship or no Scholarship if it determines, in any given year that, respectively, only one paper, or no paper is sufficiently meritorious.  All rights of dissemination of the papers by EASL  are non-exclusive. 

Payment of Monies:

Payment of Scholarship funds will be made by EASL directly to the law school of the winner, to be credited against the winner’s account.


About the New York State Bar Association / EASL:

The 74,000-member New York State Bar Association is the official statewide organization of lawyers in New York and the largest voluntary state bar association in the nation.  Founded in 1876, NYSBA programs and activities have continuously served the public and improved the justice system for more than 125 years.

The more than 1,500 members of the Entertainment, Arts and Sports Law Section of the NYSBA represent varied interests, including headline stories, matters debated in Congress, and issues ruled upon by the courts today.  The EASL Section provides substantive case law, forums for discussion, debate and information-sharing, pro bono opportunities, and access to unique resources including its popular quarterly publication, The EASL Journal.


January 28: EASL Section Annual Meeting Program

The NYSBA Annual Meeting will be held January 27-31, 2020

EASL Annual Meeting Program
Tuesday, January 28, 2020
New York Hilton Midtown
1335 Avenue of the Americas, NYC 


More details to follow in the coming months.  



April 1 - 2, 2020 - EASL's 9th Annual Legal Aspects of Producing 


Wednesday, April 1, 2020 -Thursday, April 2, 2020

The Theater Center
210 West 50th
New York, NY

5:30PM – 9:15PM (each night)

Pricing:

NYSBA Members and CTI Alumni: $285.00 for Both Days | $165.00 for One Day 
Non-Members: 
$375.00 for Both Days | $225.00 for One Day 
Students:
 $185.00 for Both days | $95.00 for One Day


This course is approved for up to 7.0 MCLE credit hours in professional practice for New York State Attorneys. This program is non-transitional and therefore not suited for newly-admitted attorneys.

The Entertainment Arts and Sports Law Section of New York State Bar Association, in collaboration with the Commercial Theater Institute, will host the ninth annual intensive CLE seminar. The seminar will focus on the roles that theatrical lawyers play in guiding both new and seasoned industry professionals through all of the stages and legal aspects of producing. The seminar will begin by covering the basics from acquiring rights, fundraising and investor fundamentals, and engaging the creative team The second part of the program will address some new topics, such as the distinctions between producing theater in the US and in the UK, the unique legal issues relating to the producing of immersive theater and licensing for primary and secondary markets.  We will cap off the second evening with our now traditional and much-acclaimed “fireside chat” with some of the top theater lawyers to discuss current legal issues and trends in the industry.


For more information: Kristina Maldonado at [email protected]| CTI Alumni Looking to Register Please Fill out the Registration Form or contact Kristina Maldonado at 518-487-5588


Register 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 streamingDVD/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 streamingDVD/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! 

Entertainment, Arts  and Sports Law  Section Blog

The Blog Provides a Forum and News Source on Issues of Interest The blog acts as a new informational resource on topics of interest, including the latest Section programs and Initiatives, as well as provides a forum for debate and discussion to anyone in the world with access to the Internet. It is available through the New York State Bar Association Web site at http://nysbar.com/blogs/EASL

To submit a Blog entry, email Elissa D. Hecker at [email protected]

VIEW THE LATEST ENTERTAINMENT, ARTS AND SPORTS LAW JOURNAL

Diverse opinions contribute to the vitality of the law, and for every topic there are many issues to be addressed. TheEntertainment, Arts and Sports Law Journal is a forum for ideas and a repository for legal analyses and theories. The EASL Journal presents topics that EASL attorneys address on a daily basis, and provides comprehensive overviews of both large issues that affect a majority of the EASL Section membership and analyses of more specific issues that affect only a few. In addition to contributions from practicing attorneys, the EASL Journal accepts articles from laypersons involved with issues that affect many in the EASL fields. The EASL Journal is published three times a year by the Entertainment, Art and Sports Law Section and distributed to Section members free of charge.

Read Now>

Start using your EASL member community now.

What are Member Communities?
The member communities are private, online professional networks, built on the concept of listserves that offer enhanced features such as collaboration tools and document libraries. They offer you a variety of tools to help you connect, network and work collaboratively with fellow NYSBA members. 

To participate, each member has a profile based on their basic membership information. You can enhance your profile by adding your photo, professional affiliations, volunteer activities and other accomplishments. You have the option to pull information from your LinkedIn profile, or even link to your personal blog or other social media feeds.

How Can I Use It?
Seamlessly integrated with nysba.org, no additional login or password is needed to enter a community. You just need to be a NYSBA member. 

Just like a listserv, members of a specific community can share information with one another using email. Documents are emailed among members using links as opposed to email attachments, as attachments can be problematic with spam filters or limits on file size. Members can receive community emails as the messages are posted, or in digest form. These resource libraries have no space limitations, accept all file types, and can be organized using folders. Any member of a community can contribute to the library.

If you are a member of a NYSBA Section, Committee or Task Force, and working to develop a report, white paper, policy change or recommendation, an online community is the perfect forum for you and your colleagues. You have a dedicated space designed to facilitate an efficient and collaborative work effort.

Start using your EASL member community now.