Entertainment, Arts and Sports Law Meeting

Tuesday, January 15, 2019
1:00 PM - 5:30 PM
Total MCLE Credits: 4.50 (Professional Practice 3.00, Ethics 1.50)
Sutton South, 2nd Floor


Underlying Rights in All Media
Adaptation/Option Deals and Challenges from Rights Owners                 

1:00 p.m. – 1:20 p.m. Welcoming Remarks: Business / Awards
Barry Skidelsky, Esq., Section Chair

1:25 p.m. – 2:40 p.m. Part One: Licensing Underlying Rights—Option and Adaptation Deal-Making in Different Media (1.5 Credits in Areas of Professional Practice)
What are the key elements in optioning underlying works for use in film, television and theatre? How various rights acquisition deals differ do based on the nature of the pre-existing works to be adapted (e.g., books, comics, articles, plays, podcasts, music, and prior audio-visual works)?   How does optioning these works for film and television differ from options for live theater?  What terms do producers and production companies need to have for successful commercial productions?  This panel will examine different deal structures, advise on negotiation strategies, and provide practice pointers for a wide range of adaptations of pre-existing works.  

Judith B. Bass, Esq.
Law Offices of Judith B. Bass 

Jason P. Baruch, Esq.
Sendroff & Baruch, LLP

Marsha Brooks, Esq.
Brooks & Distler

Cheryl L. Davis, Esq.
General Counsel, The Authors Guild

Adrienne Fields, Esq.
Director of Legal Affairs, Artists Rights Society

Donovan A. Rodriques, Esq.
Rodriques Law, PLLC

2:40 p.m. – 2:50 p.m. Break

2:50 p.m. – 4:05 p.m. Part Two: Underlying Rights Disputes in the Courts (1.5 Credits in Areas of Professional Practice)
This panel will review recent litigation involving underlying rights owners and their estates challenging authorized adaptations of pre-existing works (such as in the recent To Kill A Mockingbird case),  more obvious instances where rights owners have complained about unauthorized uses (such as in Jersey Boys), and disputes among producers.  This panel will also provide practical suggestions regarding how to conduct rights negotiations and draft agreements that minimize potential claims from the outset.

Tom J. Ferber, Esq. (Moderator)
Pryor Cashman LLP 

David Korzenik, Esq.
Miller Korzenik Sommers Rayman LLP

Edward H. Rosenthal, Esq.
Frankfurt Kurnit Klein & Selz PC

Sarah Schacter, Esq.
Loeb & Loeb, LLP

4:05 p.m. – 4:15 p.m. Break

4:15 p.m. – 5:30 p.m. The Wheel of Fortune: Hot Topics in Ethics for Entertainment Lawyers (1.5 Credits in Ethics)
This panel will address ethical issues not only of general applicability to all attorneys, but also of particular concern to transactional and litigation lawyers whose work involves entertainment, arts and sports – such as fee arrangements (including offering or receiving referral fees, shopping or taking a piece of a deal), representation of multiple parties (including co-writers or members of a music group), serving as a talent agent or manager and other conflicts of interest, privilege, confidentiality, imputation, disqualification, and more.

Ronald C. Minkoff, Esq.

Frankfurt Kurnit Klein & Selz, P.C.

Nicole Hyland , Esq.
Frankfurt Kurnit Klein & Selz, P.C.

Devika Kewalramani, Esq.
Moses & Singer LLP

Cristina Yannucci, Esq.
Lewis Brisbois Bisgard & Smith LLP