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Photo: Priscilla Ruiz

The seventh annual Entertainment Business Law Seminar at CMJ Music Marathon 2012 has announced its full list of events for this year’s festival.

The one-day accredited Mandatory Continuing Legal Education (MCLE) and Continuing Professional Education (CPE) event for accountants will be held on Friday, October 19, 2012 at New York University’s Helen and Martin Kimmel Center, in the spectacular Richard L. Rosenthal Pavilion. The seminar presents pivotal figures at the forefront of the entertainment industry, who will discuss how legal practitioners can best protect their clients’ creative property in the digital age.

This unique part of CMJ’s programming is presented in partnership with the Entertainment, Arts & Sports Law section of the New York State Bar Association. The program is presented in association with New York University School of Law, Vandenberg & Feliu LLP, Holland & Knight LLP, Frankfurt Kurnit Klein & Selz, Prager and Fenton LLP, and MasurLaw.

Panels programmed for the Seminar are listed online here and will include the following:

“Stream A Little Stream”

Nearly every media expert, pundit and observer predicts that an increasing amount of media consumption will be via streaming media. To what extent is streaming media being held back by legal and technological issues? This panel will discuss some of the open issues facing streaming media, including copyright and licensing concerns, technological issues (e.g., limits on mobile data plans, wireless capacity) and business issues (e.g., recording artist holdbacks, conversion of free to pay services and royalty payment methods) in light of the growth (or lack of growth) of streaming media consumption.

“Music Lending 2012″

With debt at rock-bottom prices and many of the traditional buyers of music assets sidelined, both banks and lending funds have focused on the music industry. What is the state of lending against music assets in 2012? This panel will discuss issues including valuation, asset classes, the underwriting process, loan structures, tax concerns, covenants and the lending process generally.

“Does TV Everywhere Mean Cutting the Cord, Or Getting All Tangled Up?”

Video streaming and compression technologies keep improving, letting innovators vie to be the next disruptive television distribution platform. Everyone from startups like ivi, Slingbox and Aereo to conglomerates like Time Warner Cable and Cablevision have made innovative legal arguments about their entitlement to stream others’ television programming. We’ll hear from litigators and business leaders on the front line of these battles and ask them what lessons these cases hold for related industries.

“Ethics On The Borderline”

Legal representation of musicians, bands, or tech or entertainment startups frequently comes replete with ethical dilemmas. Expert commentator and well known ethics author Ron Minkoff will help you navigate so you’re never unexpectedly close to the line, and explain how to avoid crossing it.

“To 1099 Or Not To 1099, That Is The Question”

Over the past few years, the IRS has embarked on a campaign of enforcement relating to the misclassification of workers as independent contractors, seeking to curtail hemorrhaging tax revenues. Similarly, numerous worker class action lawsuits have cropped up asserting violations of wage and hour laws through misclassification. This changing landscape of employment and tax law makes the hiring of artists, musicians, writers, and other entertainment professionals a precarious process. Join us for a discussion mapping out the potential pitfalls, legal challenges, and tax implications of classifying your workforce in the entertainment industry. A panel of experts will explore topics including potential liability to workers and the IRS, maintaining ownership of worker-generated intellectual property, and the applicability and effects of the Central Withholding Agreement on foreign nationals.

“Starting Up And Rolling Out: Fostering Financial Innovation In Entertainment”

Entertainment technology is evolving rapidly, new business models are emerging, and even the most traditional players are challenging long held assumptions about the industry. How should startups navigate the challenges of partnering with established media businesses? What is the industry doing to foster innovation? How has the capital raising environment evolved over the past year and how might the JOBS Act affect entertainment startups? This panel will address these questions and more.

“Copyright Enforcement On The Edge”

The DMCA safe harbor provisions were designed to create strong incentives
for copyright owners and Internet Service Providers (ISPs) to cooperate to
detect and deal with copyright infringements that take place in the digital
environment. More than ever before, ISPs have more sophisticated software
tools for screening and filtering infringing content. This panel will
explore what copyright owners and ISPs have done and can do in the future
to work together to combat infringement, beyond notice and takedown
procedures. This panel will also examine the meaning of “standard
technical measures” as that term is used in the DMCA and whether any have
been established.

“What Could Possibly Go Wrong! Protecting Yourself In A Wind-Down”

Entrepreneurs plan for success. Optimism is in their DNA. However, every entrepreneur should also have a plan in case the dream crashes. There may be valuable assets to protect and preserve. Our expert panel will look at the anatomy of a failing company. They will discuss vital steps to take in order to get out of a dying company with as few bumps and bruises as possible. After all, there’s always the next company.

“Celebrity Estates: Death Poses New Problems”

The estates of creative artists and celebrities present issues that are different and challenging. What rights does the estate have to exploit celebrity status? Can the will overcome the presumptions and dictates of certain laws regarding the disposition of property? What are the implications of copyright termination/reversions? A panel of experienced attorneys and CPA’s will explore these as well as other issues and bring light to possible solutions.

“Beyond The Copyright Claim; Using All Your Ammunition”

Rights holders often think of copyright claims as their most powerful weapon to fight intellectual property theft. However, there are many other weapons beyond copyright. Our team of top gun litigators will look at the latest strategies beyond copyright to protect owners’ rights in entertainment properties. They will look at the differences among these strategies and what needs to be done in advance in order to make sure they are available. Don’t go into a fight without a full arsenal.

The Entertainment Business Law Seminar is open to all CMJ registrants.

For full details on Seminar programming, schedules, registration and MCLE/CPE credits, please visit this link.

CMJ Music Marathon is pleased to partner with the following New York City hotels with special discount rates exclusively for CMJ attendees: Ace Hotel, Hotel on Rivington, Hudson Hotel, King & Grove New York, Mondrian Soho, Soho Grand, Tribeca Grand. For accommodations please visit this link.

To purchase a badge for the event, which takes place October 16-20 in New York City, please visit this link.