The Entertainment Business Law Seminar is held at New York University’s Helen and Martin Kimmel Center for University Life, in the Richard L. Rosenthal Pavilion.
7:30 AM: CMJ Registration Kimmel Center Lobby
8:00 AM: Breakfast Rosenthal Pavilion, 10th floor
9:00 – 10:00 AM:
Panel 1 – Collective Versus Direct Digital Licensing Rosenthal Pavilion, 10th floor
Music industry copyright owners have always had the right to directly license their musical works and sound recordings and to by-pass performing rights organizations (PROs) such as ASCAP, BMI, SESAC, and SoundExchange. More recently, however, ASCAP and BMI have changed their membership rules to allow music publisher members to withdraw certain digital rights from ASCAP and BMI, giving these members the exclusive right to license their works for certain digital uses. More and more, we are also seeing webcasters and other eligible services enter into direct licenses with record labels, by-passing the SoundExchange statutory licensing regime. This panel will explore the impact of these changes on songwriters, performing artists, copyright owners, and music users and further, discuss the role of collective licensing as we move forward into a potentially more complex and fractured digital licensing world.
Moderator: Marc Jacobson, Esq., Marc Jacobson, P.C.
Panelists: Barry Massarsky President, Massarsky Consulting, Inc.
Roger Miller CEO/CIO, Bicycle Music Publishing
Brieanne Elpert, Esq. Counsel, Licensing and Enforcement, SoundExchange
James Duffett-Smith Head of Licensing Business Affairs, Spotify
10:10 – 11:10 AM: (Choose one of two simultaneous panels)
Panel 2a –The DIY Paradox Rosenthal Pavilion, 10th floor
In recent years, the development of digital audio workstation software and affordable technology has allowed musicians to build fully functional home recording studios with ease. From David Grohl building a fully functional studio in his garage to a high school student recording through DAW’s such as Ableton, Pro Tools and Reason, the role of the professional recording studio is being taken over by emerging artists. Matching this trend, independent music distribution channels are attempting to reshape the way that music is delivered to consumers, allowing self-produced music to be truly self-distributed. But can it really be done? This panel of knowledgeable speakers will explore the realities of DIY music distribution, as well as the legal pitfalls many DIY-ers face in this ever changing industry.
Moderator: Christopher Marino, Esq. Associate, Giordano Halleran & Ciesla
Panelists: Rich Bengloff President, American Association of Independent Music
Paul Sommerstein Attorney at Law
Evan Krauss Partner, Gray Krauss Stratford Des Rochers, LLP
Ari Taitz, Esq. SVP Business Affairs ADA, Independent Distribution and Strategic Development, Alternative Distribution Alliance
Panel 2b – Film Finance: It’s To Your Credit: Getting the Full Use of Tax Credits for Film Production Breakout Room Silver Board Room: 914
Independent film and television producers need to use every funding source at their disposal in order to bring their vision to the screen. Major elements of both federal and state tax credits that are available for film and television production (e.g., Made In New York and Sec. 181 Federal Tax Credit) as well as structures for using tax credits to obtain production financing will be discussed in detail. Securitization, Pre-Sale of Music and other ancillary rights will also be addressed as possible financing components.
Moderator: Hal Peterson JD, CPA, Prager and Fenton
Panelists: Robert S. Fingerman CPA Fingerman & Macke CPAs, President of Independent Films Production Consultants, Inc.
Marc Reisler, Esq. Partner, Holland & Knight, LLP
Randy Coburn Empire State Development
Katherine Oliver Commissioner of the NYC Mayor’s Office of Media & Entertainment
11:20 AM – 12:20 PM: (Choose one of two simultaneous panels)
Panel 3a – Ethics: The Law of Anyplace: Ethical Considerations of Lawyering Without Borders (Virtual Practices, Outsourcing, Technology)
Rosenthal Pavilion, 10th floor
Advances in technology allow us to work from almost anywhere, and as a result methods of providing legal services (and the definition of ‘legal services’) continue to evolve. Prof. Gillers will discuss the current state of relevant regulatory law and challenge us to consider how the profession might benefit from re-assessing the regulations to accommodate the evolving methods of delivery of legal services while preserving the profession’s core values: confidentiality, loyalty, candor, and diligence.
Speaker: Prof. Stephen Gillers Elihu Root Professor of Law, New York University School of Law
Panel 3b – Foreign Touring: You’ll Suffer Taxation Without Proper Representation! Breakout Room Silver Board Room: 914
This panel will focus on Foreign Touring issues and discuss strategies and procedures to minimize tax suffered by artists touring outside the USA, including best accounting and legal practices to minimize costs while providing the artist with appropriate protection.
Moderator: Christopher Hull Prager and Fenton, LLP New York
Panelists: Monika Tashman, Esq. Partner, Fox Rothschild, LLP
Deborah Klein Hands On Management/Primary Wave
Marcel Avram United Promoters ag, Germany
James Rubin The Agency
Simon Winters FCA, Partner, Prager and Fenton (UK)
12:20 – 1:20 PM: Lunch
Keynote Speaker: David Israelite President and CEO of the National Music Publishers Association
1:30 – 2:30 PM: (Choose one of two simultaneous panels)
Panel 4a – Managing Risk: Live Venues and Sponsors Breakout Room Silver Board Room: 914
On a good day, producing a concert or other live event involves managing the uncertainties and risks associated with the unexpected. Adding onstage pyrotechnics to the mix without the proper planning and handling is inviting disaster. Staging equipment that cannot hold up in severe weather has also proved to be fatal in several cases. This panel will discuss how to plan for the unexpected from staging structure (and collapse) to execution of the “fireworks” display with a focus on managing the risks from the various perspectives: venue, artist, promoter and vendor.
Moderator: Michael Poster, Esq. Partner, Vandenberg & Feliu, LLP
Panelists: James Cooperman, Esq. SVP Legal & Business Affairs, MSG Entertainment
Dr. Donald Cooper Event Safety Alliance
Eric Kert EVP of Business Affairs, Global Touring, Live Nation
Martin Steinke Director of Operations, Pyro Engineering, Inc.
Panel 4b – Changing the Channel: Recent Cases and Developments Redefining the Television Landscape Rosenthal Pavilion, 10th floor
The law applicable to the electronic delivery of audio-visual content to end users is changing as rapidly as the underlying technology, forcing programmers and businesses to adapt to unprecedented paradigm shifts. Who will win the war for the ears, eyes, minds and wallets of consumers, who are increasingly demanding and taking control over the what, when, where and how of media consumption? From traditional broadcasting, to cable and satellite, to online services and mobile apps for both streaming and downloading, the pace of evolution is accelerating. Our panel will showcase leading experts and lawyers for major programmers, broadcasters and technology companies, who will explore these cutting edge issues.
Moderator: Toby Butterfield, Esq. Partner, Frankfurt Kurnit Klein & Selz, PC
Panelists: Christine A. Pepe, Esq. AVP Legal Affairs, ASCAP
Richard L. Stone, Esq., Partner, Jenner & Block
2:40 – 3:40 PM (Choose one of two simultaneous panels)
Panel 5a – Sync or Swim: Licensing Music for Film/TV/Video Games in a Digital World Rosenthal Pavilion, 10th floor
Whether an intricate score or featured pop song, music undoubtedly enhances a film or television scene, sets a particular mood, and effectively connects with the audience’s emotions. Video games have also grown increasingly music-based, whether featuring music from well-known bands or incorporating intricate scores that far surpass the music from games of the past. At the same time, digital technology and the Internet have facilitated a proliferation of independent artists who can instantly publish their music to the world and easily submit those same tracks to music supervisors or production music libraries, whether directly or via numerous agencies. This panel will discuss the ins and outs of music licensing for audiovisual and the current challenges faced in the industry.
Moderator: Christine Pepe AVP Legal Affairs, ASCAP
Panelists: Jeff Brabec Vice President, Business Affairs, BMG Chrysalis
Chris Hajian Composer
Jeffrey Levy, Esq. Ritholz Levy Sanders Chidekel & Fields LLP
S. Gregory Boyd, Esq. Partner and Chair of the Interactive Entertainment Group, Frankfurt Kurnit
Panel 5b – You’re Never Too Big for Your Breaches: The World of Mobile Data Security and Privacy Breakout Room Silver Board Room: 914
Online entertainment services collect a lot of personal information about their customers. This panel will look at the state of the art in the regulation of personal information collected on line, with particular focus on mobile apps. The panel will review recent FTC guidelines regarding mobile app data privacy and look at best practices for data security and responding to a data security breach.
Moderator: Marc S. Reisler, Esq. Partner, Holland & Knight
Panelists: Josh Sessler, Esq. Partner, Cowan, DeBaets, Abrahams & Sheppard, LLP
Steven B. Roosa, Esq. Partner, Holland & Knight
Sheryl Ann Yamuder, Esq. Global Marketing and Media Counsel, Spotify
Tanya L. Bridges Esq. Senior Counsel, Mindspark Interactive Network Inc.
3:50 – 4:50 PM:
Panel 6 – Copyright 2013 Rosenthal Pavilion, 10th floor
Copyright law is the legal foundation for much of the entertainment industry, yet that foundation is built on shifting sand. This panel will discuss several of the key recent developments in copyright law and look forward at several pending copyright matters currently before Congress. Topics will include pending legislation (e.g., the Performance Rights Act), recent cases (e.g., decisions involving Aereo, ReDigi and others) and proposed clarifications (e.g., “gap grants”).
Moderator: Christine Lepera, Esq. Partner, Mitchell Silberberg & Knupp LLP
Panelists: Gary R. Greenstein, Esq. Partner, Wilson Sonsini Goodrich & Rosati
Eleanor M. Lackman, Esq. Partner, Cowan, DeBaets, Abrahams & Sheppard, LLP
Hillel I. Parness, Esq. Partner, Robins, Kaplan, Miller & Ciresi LLP
Joe Salvo, Esq. President, Copyright Society and General Counsel of HIT Entertainment North America