Entertainment Arts & Sports Law Section

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    Music Business and Law Conference Friday, November 17, 2017 | New York Law School
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    • November 17, 2017: Music Business and Law Conference



      Friday, November 17, 2017

      New York Law School | 185 West Broadway | New York, NY 10013

      EASL Section Members:  $219 before September 15th | $249 after
      NYSBA Members: $289 (Join EASL Today for only $35 and save $35 on your registration) 
      Non-NYSBA Members: $329 | 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). (see below for panels for newly admitted attorneys) 2.0 credits (1 in Professional and Practice and 1 in Ethics) of this program are approved for credit for both experienced attorneys and newly admitted attorneys (admitted to the New York Bar for less than two years). Newly admitted attorneys participating via webcast should refer to Additional Information and Policies regarding permitted formats. If you attend the following panels: Music Business Basics – Publishing / Recording / Ethics and Everyday Practice

      This program is also approved for MCLE by the State Bar of California, the Pennsylvania Continuing Legal Education Board and the Board on Continuing Legal Education of the Supreme Court of New Jersey. Uniform certificates of attendance can also be issued for other states.

      The Music Business and Law Conference will once again feature a variety of speakers from law, finance, business and technology.   Join us for as we bring you up to date on the latest trends and look ahead to opportunities and challenges in the music industry.


      9:00 a.m. - 10:00 a.m. (plenary panel)

      Music Publishing and Digital Media 
      Streaming.  It is heralded as the future of the business. How does the writer, the publisher, the label and the recording artist get paid?  Is the industry at large becoming dependent on Spotify which continues to lose money, but may be too big to fail?  Do we next rely on Facebook Apple Amazon Google and Spotify (FAAGS) for the revenue from the industry?  Will Free services or Freemium services sustain the business?  This panel of industry leaders will address the issues that publishers and writers face in monetizing their rights, and preventing infringement, as well as where the industry is headed.  Attendee questions about rights management, monetary recovery and related issues will be addressed as well.


      • Marc Jacobson, Esq. – Marc Jacobson, P.C. (Moderator)
      • Noah Becker, President/CEO AdRev (AudioMicro, Inc.)
      • Seth M. Goldstein, Esq., Vice President, Legal & Business Affairs, MediaNet
      • Art Levy, Esq., VP of Business Affairs and Administration at Spirit Music Group

      10:10 a.m.-11:10 a.m. (two panels-choose one): 

      Music Business Basics – Publishing / Recording / Sampling 
      This panel will cover basic concepts of publishing and recording agreements, including how sampling fits into those realms, along with a discussion of the role of a talent agent for a band.  Sample agreements will be provided.  Attendees are encouraged to bring questions about 360 deals, administration, co-publishing and publishing agreements, agency roles, and the roles of management.


      • Ralph DePalma, Esq., Pryor Cashman LLP (Moderator)
      • Keith Hauprich, Esq., General Counsel & Senior Vice President, Business & Legal Affairs, BMG-North America
      • Natalia Nastaskin, Esq., Head of US Music Operations, United Talent Agency
      • Joseph Lloyd Serling, Esq., Partner, Serling Rooks Hunter McKoy & Worob LLC
      • Andrew G. Tavel, Esq., Tavel & Shulman, P.C.

      You Don't Know What You've Got Till It's Gone – the Implications of Bankruptcy
      Nothing can disrupt a business deal – for better or worse, depending on your position in the deal – like a bankruptcy filing. This panel will address the practical intersection between bankruptcy law and the music industry. The panel will also address bankruptcy treatment of unpublished works, copyright licenses and trademarks and the unique benefits of buying and selling assets through a bankruptcy proceeding.


      • L.P. (Lynn) Harrison III, Esq., Partner, Curtis Mallet-Prevost Colt & Mosle LLP (Moderator)
      • Allen G. Kadish, Esq., DiConza Traurig Kadish LLP
      • Melinda D. Middlebrooks, Esq., Managing Partner, Middlebrooks Shapiro, P.C.
      • David B. Shemano, Esq., Partner, Robins Kaplan LLP

      11:20 a.m. - 12:20 p.m. (two panels-choose one): 

      Licensing Music for Broadway
      Musical compositions, in particular, can enhance the experience and success of a show.  Pre-existing music used in new shows, such as Beautiful - The Carole King Musical  or Jersey Boys, the story of Frankie Valli and The Four Seasons, or tunes by ABBA in the fictitious Mamma Mia, have resulted in highly profitable and very popular long-running Broadway productions, realizing worldwide success.  The legal and business process of developing a project that uses pre-existing music for a play or as part of a stage musical will be discussed by an expert panel all of whom have been involved in the negotiation and production of these or other Broadway shows.  The issues discussed will include the nature of the agreements required with music publishers, composers, lyricists and producers and the typical types of deals entered into by Broadway producers with respect to the license and use of musical compositions for live stage performances and cast albums.


      • Diane Krausz, Esq., The Law Offices of Diane Krausz (Moderator)
      • Jason Baruch, Esq., Sendroff & Baruch, LLP
      • Roberta L. Korus, Esq., Roberta Korus, Attorney-at-Law

      International Focus - Global Database Efforts
      For any global initiative it would seem that an agreed-upon set of standards must be present, but that is no easy task when music rights and licenses are handled differently around the world.  This panel will explore recommendations for standards as well as the various efforts in the works by forward-thinking innovators in the industry.


      • Jeff Liebenson, Esq., Liebenson Law & President of IAEL  (Moderator)
      • Christos Badavas, Sr. VP & General Counsel, SESAC
      • Mark Isherwood, Chief Operating Officer, DDEX
      • Dan Millington, Performer Development Manager, PPL-UK

      12:45 p.m. - 1:30 p.m. Keynote Lunch 

      Luncheon Speaker: Willard Ahdritz, Founder/CEO, Kobalt 
      Willard Ahdritz founded Kobalt in 2000 with a mission: making the music industry more fair and rewarding for creators. He wanted to give artists, songwriters, musicians, labels and publishers the freedom and transparency they needed to build their careers. Mr. Ahdritz will be interviewed by Jem Aswad, Senior Music Editor at Variety (This portion does not carry MCLE)

      1:40 p.m. - 2:40 p.m. (two panels-choose one)

      Travelin’ Band: Taking the Band on the Road and Accounting for It
      John Forgerty penned a song “Travelin’ Band” about the trials, tribulations and thrills while he was in the heavy touring band Creedence Clearwater Revival. He wrote in part, “Playin' in a travelin' band, yeah. Well, I'm flyin' across the land, tryin' to get a hand, Playin' in a travelin' band”. From independent to heritage bands and all the pop and rock stars in between, touring continues to be a major source of income for artists. Further, assembling a great team for touring and structuring an economical plan for a particular band is very important to the success of the band and for a tour to be in the black. Given the tremendous amount of touring today, how does a band get on the road and “get a hand”? What type of planning is needed and how does the band’s team work with tour promoters? Further, how do you figure out a budget for the tour, including production expenses, employee pay and equipment costs? Who handles travel arrangements and problems as they occur while the band is touring? This panel will discuss the crucial components of touring and tour accounting. Topics will include: assembling a strong touring team, booking and routing a tour, tour budgeting and income and expense accounting, tour management issues, structuring and negotiating promoter, production and merchandising contracts, and settlement matters.


      • Joyce Dollinger, Esq.,  (Moderator)
      • Jason Browning, President-CEO, The Browning Group, Inc.
      • Joseph P. Callaghan, CPA,  Prager Metis
      • Peter Pappalardo, Agent, Artist Group International
      • Monika A. Tashman, Esq., Partner, Fox Rothschild LLP

      Ethics and Everyday Practice
      This panel of ethics lawyers will discuss issues that commonly arise in practice but are often overlooked or misunderstood, including considerations in the lawyer’s online presence and activity in social media.


      • Tyler Maulsby, Esq., Frankfurt Kurnit Klein & Selz, PC
      • Lewis Tesser, Esq., Senior Partner, Tesser, Ryan & Rochman, LLP

      2:50 p.m. - 3:50 p.m. (two panels-choose one)

      Trends in Branding and Merchandising
      The music may still be the message, but a recognizable and known brand has become the key to popularity, and to many a musician’s livelihood. Not only does it help create a filter through which brand partnerships, sponsorship and endorsement opportunities can be measured against, but it creates an intellectual property that can be exploited in lots of new territories.  Merchandise may have once consisted primarily of CDs and t-shirts bought as keepsakes of a fan’s concert experience, but now a broader array of merchandise permits the fan to identify more closely with the artist. 

      With brand partnership and sponsorship becoming a $1.4 billion business in 2017 and music merch soaring to $3.1 billion in 2016, traditional models are being disrupted and the methods used for putting these deals together have taken on new complexity.  From celebrities and media moguls to aspiring artists and bands, the issue is no longer whether to brand yourself but how

      Join us for a panel discussion with experts in branding and merchandising who will explore the many trends emerging in these fast-growing sectors.  Some of the conversation will revolve around: new branding and marketing strategies; the structuring of brand partnership and sponsorship deals; enhancements in artist-fan connectivity; the use of music to market other products; developments in trademark licensing and issues particular to celebrities. 


      • Andrew Hampp, VP-Brand Strategist, at MAC Presents (Moderator)
      • Jason Boyarski, Esq., Partner, Boyarski Fritz LLP
      • Terri DiPaolo, Esq., Head of Licensing, Sponsorships & Endorsements at TKO
      • Kim Youngberg, Esq., Senior Vice President & General Counsel, Screenvision Media

      It’s Still About the Money – Royalty and Licensing Audits
      The music industry is an increasingly complex place with a mix of new income streams and new licensees that are constantly popping up.   This along with an active market for catalog transactions spurred on by an influx of private equity and investments in passive income streams have led to a dynamic environment fraught with disruptions and ripe for underreporting royalties.  What's a right holder to do?  Call the royalty auditor.   Royalty audits are now more than ever a best practice to maximize revenues and protect value for recording artists, songwriters, record labels, and publishers alike.  This panel will discuss reasons to audit, the process of exercising audit rights, really reading royalty statements, the royalty audit itself and strategies you need to know when the parties can't reach an amicable settlement.   


      • J. Christopher Hull, CPA, Partner, Prager Metis CPAs, LLC (Moderator)
      • Brian D. Caplan, Esq.,  Partner, Reitler Kailas & Rosenblatt LLC
      • Mark A. Levinsohn, Esq., Levinsohn Associates, P.C.

      4:00 p.m. -5:00 p.m. (plenary panel)

      Copyright Law and Litigation – Annual Review 
      The last year has seen many exciting copyright and entertainment cases in the litigation arena.  Four experienced litigators who have litigated extensively in the music industry  will examine some of the high profile cases (e.g., the Blurred Lines appeal, Estate of Barre v Beyoncé, Estate of Jimmy Smith V. Drake, etc.), as much for their results as to highlight the parties' litigation strategies. From substantial similarity issues and developments in the "fair use" defense in music sampling cases, to courts' increasing readiness to resolve  cases in early dispositive motion practice, the panel will also look at the practical effects and implications of these cases and trends for the industry going forward.


      • Stephen B. Rodner, Esq., Senior Counsel, Pryor Cashman LLP (Moderator)
      • Ilene Farkas, Esq., Partner, Pryor Cashman LLP
      • Paul V. LiCalsi, Esq., Partner, Robins Kaplan LLP
      • Brian D. Caplan, Esq., Partner, Reitler, Kailas & Rosenblatt LLC
      • Robert W. Clarida, Esq., Partner, Reitler, Kailas & Rosenblatt LLC

      Registration includes: 

      • Full Day Continuing Education Program with up to 6.0 MCLE Credits / 7.0 CPE Credits 
      • Continental Breakfast, Refreshments and Luncheon
      • To register over the phone please contact out Member Resource Center at 1-800-582-2452. For questions contact Beth Gould at bgould@nysba.org 

    • Recorded Product: 2016 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: 

      • Case Developments Impacting the Music Industry 
      • International Digital Licensing and Copyright Reform
      • No Direction Home:  Tax and Legal Planning for Multi National Groups
      • Anatomy of a Music Festival
      • Planning for Celebrities and Beyond
      • Termination Rights and Related Issues
      • ReMixed and Mashed Up - Clearance and Royalty Streams 
      • Ethics: CyberEthics
      • Trends and the Outlook for Music Publishing and Master Catalog Transactions
      • DOJ Decision and PROs


      Purchase the entire program or just the panels you are interested in! 


      (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.  

    • Recorded Product: 2017 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

      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

      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 


  • 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

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    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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