March 27 - March 28, 2018: Legal Aspects of Producing: An Inside Approach to Navigating the Theatrical World



Actors' Temple 
339 West 47th Street, (between 8th and 9th Avenues)
New York, NY 10036 

Tuesday, March 27, 2018 -Wednesday, March 28, 2018  
5:30PM – 9:15PM (each night)


For the seventh straight 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 conflicts of interest, acquisition of rights and the engagement of the music staff (including the orchestrator, arrangers and music director). The second evening will focus on capitalizing development and production, including new avenues for fundraising unavailable to producers a few years ago, and contracting the rest of the creative team (including the director, choreographer and designers), followed by a discussion by a panel comprised of esteemed theater attorneys about the important issues of the day and emerging trends in the theater industry.

This program approved for up to 7.0 credit hours,  6.0 in the area of professional practice for experienced attorneys only, including 1.0 Ethics credit. This program will not qualify for newly admitted attorneys because it is not a basic practical skills program.

Tuesday, March 27, 2018 - Conflicts of Interest, Rights Acquisitions and Engaging the Creative Team Part I

5:30 p.m. – 6:00 p.m. Registration

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

6:10 p.m. – 7:00 p.m. Conflicts of Interest (1 credit in Ethics)
Speaker: Richard Maltz, Esq. and Tyler Maulsby, Esq., Frankfurt Kurnit & Selz, PC

Richard and Tyler will go through a hypothetical (but entirely plausible) fact pattern and discuss potential conflicts facing practitioners in the field.

7:00 p.m. – 8:15 p.m. Negotiating Rights and Production Contracts (1.5 credits)
Speakers: Jason Baruch, Esq., Sendroff & Baruch, LLP and Jason Cooper, Esq., Creative Artists Agency

The Jasons 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.

8:15 p.m. – 8:20 p.m. Break

8:20 p.m. – 9:10 p.m. Engaging the Creative Team – Part I (1 credit)
Speakers: Nina Essman, 321 Theatrical Management, and Mark Sendroff, Esq. Sendroff & Baruch, LLP

Know the difference between an orchestrator and arranger? A vocal arranger and incidental music arranger? A music director and music supervisor? Do you know all of the considerations that go into the contracts of the music staff, including union requirements? General manager Nina Essman and attorney Mark Sendroff will explain it all.

9:10 p.m. – 9:15 p.m. Wrap Up

Wednesday, March 28, 2018 - Investor Fundamentals, Engaging the Creative Team Part II and Emerging Trends

5:30 p.m. – 6:00 p.m. Registration

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

6:05 p.m. – 7:20 p.m. Investor Fundamentals (1.5 credits)
Speaker: Susan Mindell, Esq., Levine Plotkin & Menin, LLP

Susan 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. Susan also will discuss recent changes in the regulations. 

7:20 p.m. – 7:25 p.m. Break

7:25 p.m. – 8:15 p.m. Engaging The Creative Team – Part II (1 credit)
Speaker: Steven Chaikelson, Esq., Snug Harbor Productions

Using his unique perspective as both a lawyer and general manager, Steven will discuss other key agreements besides the rights agreements, including agreements with the director, choreographer and designers. Steven also will explain the function of the general manager and discuss the relevant terms of its contract.

8:15 p.m. – 9:05 p.m. Emerging Trends in Theater Law (1 credit)
Speakers: Loren Plotkin, Esq., Levine Plotkin & Menin, LLP, Scott Lazarus, Esq., Lazarus & Harris LLP, Gray Coleman, Esq., Davis Wright Tremaine, LLP and Jean Ward, Esq., Frankfurt Kurnit & Selz PC

Our distinguished panel will discuss emerging trends and hot topics in the theater such as recent “fair use” cases (e.g., Who’s Holiday, Jersey Boys, Hand to God and 3C), director entitlements to author income, general solicitations and crowd-funding of productions, increasing demands of underlying rights holders such as film companies and music publishers, 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 

For more information: Beth Gould at [email protected] | CTI Alumni Looking to Register Please Fill out the Registration Form or contact Beth Gould at 518-487-5674