Entertainment Arts & Sports Law Section

  • 2015 CMJ Festival
    Entertainment Business Law Seminar in Association with CMJ Music Marathon October 16, 2015 | REGISTER TODAY!!!!
  • Phil Cowen Memorial/BMI Scholarship Writing Competition
    Phil Cowan Memorial/BMI Scholarship Writing Competition Accepting Essays Now http://www.nysba.org/Sections/Entertainment_Arts_Sports/Law_Student_Initative/Phil_Cowan_Memorial/BMI_Scholarship.html
  • Section Events
    • October 16th: 2015 CMJ Music Marathon

      Entertainment Business Law Seminar in association with CMJ Music Marathon 


      October 16, 2015  

      Dream Downtown* | 355 W. 16th Street | New York City 

      This year’s Entertainment Business Law Seminar will focus on The Currency of Music.  New technologies always disrupt the status-quo, and while the music industry is no exception, the recent developments are truly revolutionary.  The value of music -- the cultural currency in the artist/fan relationship, the proliferation of technology-based music curators, and the dollars and cents of the music business -- is the subject of public discourse and debate, and a new kind of music business is emerging.  This year’s program is designed to bring you up to date on the latest trends and to look ahead to challenges and opportunities in the music business and the applicable law.

      This program is accredited for a total of 6.0 MCLE credit hours, 5.0 in Professional Practice and 1.0 in Ethics, this program is non-transitional and does not qualify for newly admitted attorneys 
      For questions on the MCLE Seminar: Beth Gould at bgould@nysba.org 
      For those seeking CPE Credits you may register through the NYSBA Site, just select the CPE Registration Option on the Registration Page, Pricing is the same as OPTION 1 below.  


      7:30 AM: Registration and Breakfast

      9:00 – 10:00 AM: Panel 1: Copyright Reform:  The Politics of Music and Copyright 
      Music and Copyright issues are dominating the IP agenda in Washington, D.C.  Political activism in Congress, the Copyright Office, the USPTO, the Justice Department, the FCC, and even the White House, are at a fever pitch – and music issues are at the heart of it all.  In addition to the Copyright Office issuing its comprehensive report “Copyright and the Music Marketplace,” the USPTO is about to issue its music focused White Paper, the DOJ continues to examine the Consent Decrees, and Congress is gearing up, in an election year, for possible music related copyright legislation.  This panel will provide a roadmap to the issues, the parties, and the politics behind this unprecedented inside-the-beltway phenomenon.

      Jay Rosenthal, Esq., 
      Mitchell Silberberg & Knupp, LLP

      Jacqueline Charlesworth, Esq., 
      General Counsel & Associate Register of Copyrights, the United States Copyright Office
      Chris Harrison, Esq., Vice President, Music Business Affairs, SiriusXM
      Lee Knife, Esq., 
      Executive Director & General Counsel, Digital Media Association

      10:10 – 11:10 AM: (Choose one of two simultaneous panels)

      Panel 2a – Monetizing and Marketing Musicians Through Social Media (and avoiding missteps along the way)
      Everyone seems to be talking about Pandora, Spotify, Soundcloud, Rdio, Apple Music and the rest, but artists aren’t really making money from these yet.  So how can musicians make money, other than just playing shows and collecting the door?  This panel will discuss other opportunities, including fees from MCNs (Multi-Channel Networks) on YouTube like Maker Studios, synching songs with video, films, TV, games and other digital media, and some newer opportunities to which the massive adoption of social media has given rise, both here and internationally, like karaoke apps and referral sales via Keek, SnapChat, LetsApp and others. The panelists will also discuss the benefits and pitfalls of do-it-yourself marketing to fans through social media using the music-oriented FanBridge application or more general CRM systems.  Finally, the panelists will discuss the legal landmines of social media marketing and sales. 

      Andrew Seiden, Esq., Curtis, Mallet-Prevost, Colt & Mosle LLP

      Scott Englund, FanBridge.com
      Michael Graif, Esq., Curtis, Mallet-Prevost, Colt & Mosle
      Bob Taub, MuseAmi 
      Steven Masur, Esq., Cowan, DeBaets, Abrahams & Sheppard LLP

      Panel 2b – The Changing Landscape of Collective Music Licensing
      ASCAP and BMI – the two largest U.S. performing rights organizations – are subject to antitrust consent decrees with the Department of Justice, which, among other restrictions, require license fee disputes to be determined by a designated rate court judge. The PROs and the publishers they represent argue that the consent decrees are antiquated, inefficient and have resulted in suppressed rates, particularly in the digital space.  Meanwhile, there is more and more competition in the marketplace, including from unregulated entities such as SESAC and Global Music Rights (GMR).  As a result of these developments, the DOJ opened both consent decrees for review.

      This panel will examine changes and developments in collective licensing in the United States, including the potentially changing role of the PROs, the proposed changes to the consent decrees, and the evolving, diverse and competitive marketplace for music rights and what this means to artists and businesses.  

      Larry Miller, 
      Clinical Associate Professor of Music Business, NYU Steinhardt School of Culture, Education, and Human Development

      Randy Grimmet, Esq., Global Music Rights
      Wayne Josel, Esq., Senior VP of Business & Legal Affairs, ASCAP
      Stuart Rosen, Esq., General Counsel, BMI
      Jim Rondinelli, Rdio

      11:20 – 12:20 PM: (Choose one of two simultaneous panels)

      Panel 3a – Beyond the Music, Who Am I? Conceptualizing the Artist as a Brand to Expand Revenue Streams
      In the ongoing challenge for artists to secure some revenue from their craft, new channels of revenue streams are being explored.  Largely through the interactive environment social media platforms have created linking artist to fans in a more personal way, the concept of the artist as a brand (and not just an aloof performer) has emerged.  This panel of industry experts will explore the benefits and disadvantages of thinking in this way. Not only will this panel explore the various legal and business-related issues that arise in connection with co-branding sponsorship and licensing scenarios, but it will examine the practicalities artists face when they begin to build their public persona as brand.  Does this truly unlock new revenue streams, or can it be creative suicide stifling the natural progression of the art?

       Chris Marino, Esq., 
      Giordano, Halleran & Ciesla, PC

      Eli Nathanson, Esq., 
      Pryor Cashman 
      Josh Zieman, Compass Music Marketing 
      David Sonenberg, Esq., DAS Communications 
      Jean Cook, Future of Music Coalition Panel

      Panel 3b – The Streaming Revolution
      From the basics to trends and new developments, this panel will discuss the global streaming revolution focusing on the artist royalty controversy, disruption of current streaming models, and live streaming of concerts and festivals in both US and international markets.

      Jeffrey Liebenson, Esq.,
      Liebenson Law, President of the International Association of Entertainment Lawyers

      Cliff Fluet, Esq.,
       Partner, Lewis Silken, London
      Marcel Bunders, Esq., Partner, Hellingman Bunders Advocaten, Amsterdam
      Frank Johnson, CEO, MediaNet

      12:20 – 1:20 PM: Lunch 

      1:30 – 2:30 PM: (Choose one of two simultaneous panels) 

      Panel 4a – It Takes A Village To Make A Band, Best Practices For Musicians and Their Professional Advisors 
      This panel of music industry experts will address the life of a band -- from birth to death (and beyond) -- offering insight and advice on how best to form and maintain a team to help launch, build, and protect artists’ professional careers, intellectual property and income.  To get it right from the start, musician mindsets must change to see professional help as an investment rather than an expense, and we will explain how musicians, attorneys, accountants and managers can find each other and work collaboratively in order to minimize risks and maximize chances of success.  Among the topics to be discussed are how to:  organize and capitalize relevant business entities; reduce tax liabilities; negotiate must-have provisions in band publishing, branding, distribution and other contracts; best address trademark and copyright concerns; understand royalty statements and audits; determine valuations for dissolution and other purposes; (and most importantly) handle what can (and will) go wrong when these issues are not proactively addressed.

      Christopher J. Marino, Esq., 
      Giordano, Halleran, & Ciesla, PC 

      Andrew Krents, Esq., Motta & Krents
      Anthony Patterson, Red Light Management 
      Hal Peterson, Esq., Prager Metis CPAs, LLC
      Gandhar Savur, Esq., Savur Threadgold, LLP

      4b - International Music Licensing 
      Although music is a universal language, licensing music across borders requires a patient study of local custom, culture, and law.  Knowing which societies or entities control the various rights (master, publishing, and other) is essential, not always apparent, and currently in flux.  With speakers from Taiwan, London, San Francisco, and New York, this panel will introduce you to ‘how it’s done’ in various parts of the world and will address the challenges faced by music owners and users in licensing music globally.

      Marc Jacobson, Esq, Marc Jacobson, P.C.

      Tony Morris, Esq., Marriott Harrison LLP (UK)
      Lisa Tiver, Samsung Music Hub 
      Ron Wilcox, Esq., Warner Music Group
      June Zhan, Business Director, ATB International (Taiwan)

      2:40 - 3:40 PM: 
      (Choose one of two simultaneous panels)

      Panel 5a – Blurred Lines or Fuzzy Math:  How Did They Come Up with $7.3 Million or was it $5.3 Million? – Damage Calculations in the Music Industry
      Nothing speaks to the currency of music quite like damage calculations in litigation.  The recent Blurred Lines copyright infringement ruling which Robin Thicke and Pharrell Williams have vowed to appeal provides a window into how valuation experts work with legal counsel to put a number on it for their mutual clients and the perils of having such questions go to a jury for a verdict.  This expert panel of litigators, CPAs, intellectual property professionals and transactional attorneys will speak with firsthand experience of damage calculations in the Blurred Lines case and other legal actions to bring clarity to what otherwise might merely seem to be blurred lines. 

      Robert S. Meloni, Esq
      ., Partner, Meloni & McCaffrey

      Bruce Kolbrenner, CPA,
       Partner, Prager Metis CPAs, LLC
      Doug Bania, CLP, Principal, Nevium Intellectual Property Solutions
      Matt Greenberg, Esq., Partner, Ritholz, Levy, Sanders, Chidekel & Fields, LLP

      Panel 5b – What’s Your Ethics Quotient?
      If you’re conflicted about conflicts, ruffled by referral fees, or cautious about contingency arrangements, you’re not alone.  This segment will clear up the facts concerning these and similar ethical dilemmas and steer us all in the right direction.   Our speaker, Deborah A. Scalise, Esq., represents lawyers in professional responsibility and ethics matters.  In addition to conflicts and fee arrangements, she will discuss the top five ethical situations practicing attorneys encounter and offer guidance in best practices.

      Deborah Scalise, Esq.,
       Scalise Hamilton & Sheridan, LLP 

      3:50 – 4:50 PM: Panel 6: The Currency of Music - Case Developments: Sea Change or Shoring Up of Established Channels? 
      This panel effectively wraps up the seminar with an overview of recent cases impacting the currency of music including the flow and eddy of royalties involving pre-1972 sound recordings, the blurred lines of what technically constitutes copyright infringement, and the combining of independent protectable elements into one copyright under the concept of "dominant author."

      Stephen B. Rodner, Esq., Pryor Cashman LLP

      Robert W. Clarida, Esq., Reitler Kailas Rosenblatt LLC
      Judith Finell, Musicologist 
      Paul LiCalsi, Esq., Robins Kaplan LLP 


      PRICING OPTIONS: (All pricing increases by $50 after October 9th) 

      OPTION 1: Seminar Only.  Entertainment Business Law Seminar Only (MCLE and CPE Credits) This option includes admission to the Entertainment Business Law Seminar (Friday, October 16, 2015) providing 6.0 New York MCLE/1.0 New York CPE credits, written course materials, refreshments and luncheon.) Please note that this option DOES NOT include a CMJ Music Marathon 2015 registration. 

      $249.00 (NYSBA Members Only)
      $319.00 (Non-NYSBA Members)
      $149.00 (Law students with Valid Student ID) 

      OPTION 1A: Seminar Only -CPAs ONLY: Seminar Only. Entertainment Business Law Seminar Only (CPE Credit) This option includes admission to the Entertainment Business Law Seminar (Friday, October 16, 2015) providing 6.0 New York CPE credits, written course materials, refreshments and luncheon.) Please note that this option DOES NOT include a CMJ Music Marathon 2015 registration.  *If you are looking for MCLE Credit and CPE Credit please choose Option 1

      $299.00 (CPAs Only)

      OPTION 2: Seminar Plus 2-day CMJ Marathon Access.  
      Entertainment Business Law Seminar + 2-Day CMJ Music Marathon 2015 Badge for Friday and Saturday Events (This option includes admission to the Entertainment Business Law Seminar (Friday, October 16, 2015) 6.0 New York MCLE/6.0 New York CPE credits, written course materials, refreshments and luncheon, plus 2-Day CMJ Music Marathon 2015 Badge. The 2-day CMJ Music Marathon 2015 Badge MUST be picked up Friday, October 16, 2015 from 7:30am to 6:30pm. 

      $299.00 (NYSBA Members Only) 
      $419.00 (Non-NYSBA Members)

      NEW!  OPTION 3: Seminar Plus 5-day CMJ Marathon Access:  Entertainment Business Law Seminar + Full 5-Day CMJ Music Marathon 2015 Badge (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, luncheon and a 5-day CMJ Music Marathon 2015 Badge valid during the entire event, Tuesday, October 13, 2015 through Saturday, October 17, 2015.) The 5-day CMJ Music Marathon 2015 Badge can be picked up beginning Tuesday, October 13, 2015 beginning at 9:00am.

      $449 (NYSBA Members Only)* - This special offer is for NYSBA members only!

      For questions contact: Beth Gould bgould@nysba.org 

      To register over the phone contact our Member Resource Center: 1-800-582-2452 

      For more information on the full week festival visit: http://www.cmj.com/marathon/  

  • 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.

    Read Now>

  • 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.