CLE Legal Program

"All Along The Watchtower: Guiding clients through the confusion and turmoil facing the modern music industry"

Program Co-Chairs:

Alan D. Barson, Esq.
Joyce S. Dollinger, Esq.
Tracey Greco, Esq.
Michael S. Poster, Esq.
Marc S. Reisler, Esq.

SCHEDULE OF EVENTS
Friday, October 24, 2008

7:30 a.m.	CMJ Registration - Helen and Martin Kimmel Center & Judson Church
8:15 a.m.	Morning Sign-in and Breakfast - Helen and Martin Kimmel Center for University Life, 10th Floor Breakfast Sponsored by the Harry Fox Agency
8:50 a.m. - 9:00 a.m.	Welcoming Remarks & Program Introductions Ken Swezey, Esq. Chair, Entertainment, Arts & Sports Law Section New York State Bar Association Partner, Cowan, DeBaets, Abrahams & Sheppard LLP New York, NY Joanne Abbot Green Founder & Executive Producer CMJ Network, Inc. New York, NY Alan Barson, Esq. Immediate Past Chairman - Entertainment, Arts and Sports Law Section, NYSBA Law Office of Alan D. Barson New York, New York Joyce S. Dollinger, Esq. Counsel Dollinger, Gonski and Grossman Carle Place, NY
9:00 a.m. - 10:00 a.m	SHOW ME THE MONEY: UNDERSTANDING THE CURRENT CONTROVERSIES OVER BROADCAST AND DIGITAL MUSIC ROYALTIES Amid growing demand for internet radio, interested parties have gone to battle over how royalties should be paid. Disputes continue over performance royalties for terrestrial and Internet radio. DiMA,. publishers, labels and others rumble over royalty payments for streams, downloads and other digital uses of music. This panel will examine the current controversies (and anticipated controversies) affecting music royalty schedules and provide some guidance as to how these controversies may be resolved. Kent J. Klavens, Esq., Moderator Music Industry Attorney Law Offices of Kent J. Klavens (Formerly Senior Vice President and General Counsel of Paramount's Famous Music) Los Angeles, CA Barry M. Massarsky Founder and President Barry M. Massarsky Consulting, Inc. New York, New York Ron Wilcox, Esq. New Media and Business Consultant (Formerly Executive Vice President and Chief Business and Legal Affairs Officer of Sony BMG Music Entertainment) New York, New York Michael J. Huppe, Esq. General Counsel SoundExchange Washington, DC Michael Simon, Esq. Senior Vice President Business Affairs, General Counsel and Chief Strategic Officer Harry Fox Agency New York, New York Lee Knife, Esq. General Counsel Digital Media Association Washington, DC
10:00 a.m. - 10:10 a.m	Break
10:10 a.m. - 11:10 a.m.	SOCIAL DISTORTION: USING MUSIC ON SOCIAL NETWORKING SITES Users on social networking sites like MySpace, Bebo, Imeem, Friendster and Facebook or mobile-based services are able to create public or private profiles displaying both original content as well as videos, music and images that are owned by other parties. As a result, various legal issues arise pertaining to a user's right to display or perform the intellectual property of others on his or her profile where it can be seen and heard by other users. This panel will discuss the types of licenses needed to use un-edited third party content, the deals which have been cut between these sites and copyright owners, and the limits of fair use. Marc S. Reisler, Esq., Moderator Partner Katten Muchin Rosenman LLP New York, New York Mark Piibe, Esq. Global Head of Digital Business Development EMI Music New York, New York Lisa A. Weiss, Esq. Partner, Corporate Practice Group Sonnenschein Nath & Rosenthal LLP New York, New York Elizabeth Moody, Esq. Associate Davis Shapiro Lewit & Hayes, LLP New York, New York
11:10 a.m. - 11:20 a.m	Break
11:20 a.m. - 12:20 p.m.	DEALS BY GENRES HERE AND ABROAD The panel will explore the nuances in music recording, publishing and licensing deals in the USA and outside the USA. Bob Donnelly, Esq., Moderator Partner Lommen, Abdo, Cole, King & Stageberg, P.A. New York, New York Jason Boyarski, Esq. Senior Vice President & General Manager, NY Warner/Chappell Music U.S. New York City Elliot A. Resnik, Esq. Law Offices of Elliot A. Resnik (Formerly Legal and Business Affairs at TVT Records) New York City Patrik Larsson Creative Manager Headlock Management Stockholm, Sweden Chris Taylor, B.A., LL.B. Taylor Mitsopulos Klein Oballa Toronto, ON
12:20 p.m. - 1:30 p.m.	LUNCHEON FOR CLE REGISTRANTS Sponsored in part by the GRAMMY Foundation's Entertainment Law Initiative Keynote Introduction Scott Goldman Vice President GRAMMY Foundation and MusiCares Santa Monica, CA Keynote Address Danny Goldberg President Gold Village Entertainment New York, New York
1:30 p.m. - 2:30 p.m.	1-800-WHAT-NOW: ETHICAL ISSUES AND ATTORNEY ADVERTISING With recent changes to state ethics rules regarding attorney advertising, many practitioners are confused about the limits on their ability to market their practice and skills. This panel will examine these rules and provide guidance on the ethical limits of attorney advertising. Ronald C. Minkoff, Esq., Moderator Partner, Litigation Group Frankfurt Kurnit Klein & Selz, PC New York City Monica Pa, Esq. Associate Davis Wright Tremaine LLP New York, New York David G. Keyko, Esq. Partner Pillsbury Winthrop Shaw Pittman LLP (Formerly Chairman of the Professional Responsibility Committee of the Association of the Bar of the City of New York )
2:30 p.m. - 2:40 p.m.	Break
2:40 p.m. - 3:40 p.m.	BROKE: HOW THE BANKRUPTCY OF A RECORD LABEL CREATES DANGER, UNCERTAINTY AND OPPORTUNITY Both major and indie labels are taking a hit from the music industry's financial slump; one well-established indie label and a prominent rap label have been forced to file, relatively recently, for Chapter 11 Bankruptcy protection. How does the bankruptcy of a label affect artists, licensees and licensors? Are there opportunities for buyers to acquire assets of a bankrupt label, and how does it work? This panel will cover these issues and more as it discusses the ominous intersection of music and bankruptcy. Brian S. Hermann, Esq., Moderator Partner, Bankruptcy and Corporate Reorganization Department Paul, Weiss, Rifkind, Wharton & Garrison LLP New York, New York Marc S. Cohen, Esq. Chair, Business Reorganization and Creditors' Rights Group Kaye Scholer LLP Los Angeles, CA Beverly A. Berneman, Esq. Shareholder, Chair of Intellectual Property Practice Group Querrey & Harrow Chicago, Il Terry N. Pefanis Senior Partner Brentwood Studios Brentwood, TN
3:40 p.m. - 3:50 p.m.	Break
3:50 p.m. - 4:50 p.m.	PARTNERS IN RHYME: HOW JOINT VENTURES AND OTHER ECONOMIC MODELS ARE RESHAPING THE INDUSTRY The days of the traditional artist recording agreement are numbered. With record sales in a steady decline, labels and artists have had to come up with new alternatives to the traditional system by creating a variety of joint venture-type agreements for both superstar artists and new acts signing their first indie deal. This panel will discuss the risks and benefits of these deals, as well as the range of economic and legal terms often involved. Michael S. Poster, Esq., Moderator Partner Sonnenschein Nath & Rosenthal LLP New York, New York Michael Guido, Esq. Partner Carroll, Guido & Groffman, LLC New York, New York Bernard H. Jackson, III, Esq. Counsel Entertainment, Media, and Sports Group Dewey & LeBoeuf New York, New York Maia T. Spilman, Esq. Executive Vice President Legal & Business Affairs INgrooves New York, New York
4:50 p.m. - 4:55 p.m.	Conclusion, Final Remarks and Announcements
5:00 p.m.	Program Concludes Grateful thanks to Michael Poster, Esq., Talia Page, Esq. and Glenn Herman, Esq. for their contributions to introduction and panel descriptions.

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