Entertainment Arts & Sports Law Section

  • The Danger of Falling in Love with Your Case
    The Danger of Falling In Love With Your Case...And An Antidote For Advocates Who Are Stricken Tuesday, March 8, 2016 | Andrews Kurth LLP
    March 30th and March 31st, 2016 Pearl Studios | 519 8th Avenue | New York, NY 10018
  • EASL 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.
  • Section Events
    • February 28, 2016: Pro Bono Clinic

      Pro Bono Clinic 

      Sponsored by the EASL and IP Sections 

      Sunday, February 28th
      10:00 a.m. and 1:00 p.m.

      Dance/NYC's 2016 Symposium
      Gibney Dance Center
      280 Broadway (enter at 53 Chambers) 
      New York City 

      If you are a licensed attorney and would like to volunteer for one or more of the 30 minute time slots, please email Elissa Hecker  your information (name, firm/company, phone number and email address), which time slot(s), area(s) of expertise, and whether you are an EASL and/or IP Section member. We are looking for volunteers with experience in the following general areas: 

      • 501(c)(3) vs. LLC/Corp structure issues, choice of entity for incorporation- for- vs. not- for-profit (please specify if you have not-for-profit incorporation experience)
      • Basics of corporate setup
      • Agreements in general, including collaboration and ownership, performer, film crew, independent contractor language, etc.
      • Copyright questions for choreographic works, protection of choreography
      • Licensing – music, choreographic works, and other intellectual property clearances, live performance vs. recorded rights
      • Business related, general contract questions
      • Development of a website, use of social media
      • Fair Use issues
      • General entertainment
      • Intellectual Property (copyright and trademarks)

      If you do not have pro bono liability insurance, you may be covered under EASL and IP’s policy for this Clinic.  Please notify Elissa if you need such coverage.

      Dance/NYC's 2016 Symposium will invite participants to consider connections between the art form of dance and New York City and explore urgent questions of cultural planning, affordability, equity and inclusion, public-private partnerships, and the future of technology. How can New Yorkers, by working together and across sectors, act now to advance the art form and more than 1,200+ dance makers and companies in the metropolitan area? And how can the art form contribute to the future of all New Yorkers?

      As the only full-day gathering of the dance community in the metropolitan area, the Symposium aims to share information and innovation and to stimulate awareness, interest, and ongoing engagement in dance. It will make use of multiple studios for panel discussions, case studies, interactive workshops, a networking lunch, and more. For more information about the Symposium, please visit http://www.dance.nyc/dancenyc-events/2016/02/DanceNYC-2016-Symposium/.

    • March 8, 2016: The Danger of Falling In Love With Your Case...And An Antidote For Advocates Who Are Stricken

      The Danger of Falling In Love With Your Case...And An Antidote For Advocates Who Are Stricken  

      Tuesday, March 8, 2016 
      12:30 p.m. - 1:00 p.m. - Lunch 
      1:00 p.m. - 2:00 p.m. - Program

      Andrews Kurth LLP | 450 Lexington Ave | New York City

      This program is approved for 1.0 credit hours of MCLE in Ethics. This program is transitional and approved for newly admitted attorneys. 

      Cost to Attend:  $20 for EASL Members | $60 for NYSBA Members | $75 for Non-NYSBA Members | Not an EASL Member? Join Now for $35 and Save!


      Lawyers who fall in love with their case are in danger of adversely impacting the quality of their decision-making and outcomes in negotiation. "Falling in love" is a metaphor for optimism overconfidence, a psychological distortion that impairs a lawyer's objectivity and ethical behavior. In this participatory workshop, participants will be educated about the etiology of the condition and how to diagnose the symptoms of "falling in love." Participants will discuss multiple strategies to help stricken lawyers regain a more objective stance to achieve ethical optimal decision-making and negotiation outcomes. The principles learned will be applied to actual cases in entertainment, arts and sports law. 

      Speaker: Elayne E. Greenberg, Esq., Assistant Dean of Dispute Resolution Programs, Professor of Legal Practice Director, Hugh L. Carey Center for Dispute Resolution., St. John’s Law School 

      For questions contact Beth Gould at bgould@nysba.org. To register over the phone contact the Member Resource Center at 1-800-582-2452.

    • March 30 - March 31, 2016: Legal Aspects of Producing: An Inside Approach to Navigating the Theatrical World




      Wednesday, March 30, 2016 - Thursday, March 31, 2016 
      5:30PM – 9:15PM (each night)

      Pearl Studios
      519 8th Avenue, 12th floor, (between 35th and 36th streets) 
      New York, NY 10018
      Studio B

      This course is approved for up to 6.5 MCLE credit hours in professional practice for New York State Attorneys. This program is non-transitional and therefore not suited for newly-admitted attorneys

      NYSBA 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


      For the fifth year, The Entertainment, Arts and Sports Law Section (EASL) of the New York State Bar Association, in collaboration with The Commercial Theater Institute (CTI), the industry's leading training program, will host an intensive 2-evening CLE seminar focusing on the roles that theatrical lawyers have in guiding both new and seasoned industry professionals through all of the stages and legal aspects of theater producing.  

      Led by the top entertainment lawyers in the business, the first evening will cover all of the basics including acquiring underlying rights, engaging the dramatists and preparing co-producer and investor offering documents. The second evening will focus on developmental productions, including enhancement agreements between commercial producers and not-for-profit theaters, as well as other agreements with key members of the creative team and licensing.  Then veterans in the field will discuss emerging trends and issues, provide case studies and help producers and entertainment counsel navigate through some of the most common (and some esoteric) pitfalls of the theater business. 

      This program approved for up to 7.0 credit hours, in the area of professional practice for experienced attorneys only.  This program will not qualify for newly admitted attorneys because it is not a basic practical skills program.


      Wednesday, March 30th

      5:30 p.m. – 6:00 p.m.    Registration   

      6:00 p.m. – 6:10 p.m.   Introductory Remarks   

      6:10 p.m. – 7:25 p.m.   Negotiating Rights and Production Contracts (1.5 credits)
      Speakers: Jason Baruch, Esq.,
       Sendroff and Baruch, LLP and Jason Cooper, Esq., Creative Artists Agency

      Jason Baruch and Jason Cooper,  will discuss the various sources of underlying rights (including films, music catalogs and life rights) and engage in mock negotiations of an underlying rights agreement and production contracts with authors.

      7:25 p.m. – 7:30 p.m.    Break

      7:30 p.m. – 9:10 p.m.   Investor Fundamentals (2.0 credits)
      Speaker: Daniel Wasser, Esq., Franklin Weinrib Rudell & Vassallo PC

      Daniel will walk the group through Front Money Agreements, Joint Venture Agreements among producers, Co-Producer and Associate Producer Agreements between lead producers and major financiers and Offering Documents (i.e., the operating agreement or limited partnership agreement, and related subscription documents) between producers and investors.  Dan also will touch upon recent changes in the regulations allowing for crowd-funding and general solicitations.

      9:10 p.m. – 9:15 p.m.   Wrap Up / Summary for Day One / Closing Notes

      Thursday, March 31st  

      5:30 p.m. – 6:00 p.m.   Registration

      6:00 p.m. – 6:05 p.m.   Introductory Remarks

      6:05 p.m. – 6:55 p.m.  Not for Profit Enhancement Agreements (1.0 credit)
      Speaker: Carol Kaplan
      Esq., Loeb & Loeb LLP

      Carol will discuss the relationship among authors, not-for-profit theaters and commercial producers and the agreements governing the relationships among them.

      6:55 p.m. – 7:45 p.m.  Engaging the Creative Team & Licensing (1.0 credit)
      Speaker: Steven Chaikelson, Esq., 
      Snug Harbor Productions

      Drawing on his unique perspective as both a lawyer and general manager, Steven will discuss agreements for other key members of the creative and production team, including the director, designers and general manager. Steven also will address licensing and the life of a property after its first commercial production.   

      7:45 p.m. – 7:50 p.m.   Break   

      7:50 p.m. – 9:05 p.m.   Emerging Trends in Theater Law   (1.5 credits)
      Speakers: Seth Gelblum, Esq., Loeb & Loeb LLP,  Scott Lazarus, Esq., Lazarus & Harris LLP, Elliot Brown, Esq., Franklin Weinrib Rudell & Vassallo, P.C. and Loren Plotkin Esq., Levine Plotkin & Menin, LLP

      Seth, Scott, Elliot and Loren will discuss emerging trends and hot topics in the theater such as director entitlements to author income, general solicitations and crowd-funding of productions, increasing demands of underlying rights holders such as film companies, changing requirements of not-for-profit theaters mounting developmental productions, amortization and the role of the Dramatists Guild.

      9:05 p.m. – 9:15 p.m.   Wrap-Up / Closing Remarks  


      For more information: Beth Gould at bgould@nysba.org | CTI Members Looking to Register Please contact Beth Gould at 518-487-5674

  • The EASL Blog

    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 eheckeresq@eheckeresq.com

  • EASL 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.

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  • EASL Member Community

    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.