Entertainment, Arts & Sports Law Section Music Business Law Conference 2022

Session One Thursday, October 27

12:00 p.m. – 2:30 pm

• Washington DC Update – An update on current and proposed legislation and music business developments by industry leaders.

Moderator:

Bill Werde – Director, Bandier Program – Newhouse School, Syracuse University

Panelists:

Mitch Glazier, Esq. – Chairman and CEO, Recording Industry Association of America

David M. Israelite, Esq. – President and CEO, National Music Publishers’ Association

Bart Herbison– Executive Director, Nashville Songwriters Association International

1.0 Credit in Areas of Professional Practice

1:15 p.m. to 1:30 p.m.

• Break

1:30 p.m. to 2:15 p.m.

• Key Trends in the Music Business – Bill Werde will take this panel through a lively discussion on key developments in the business of music.

Moderator:

Bill Werde – Director, Bandier Program – Newhouse School, Syracuse University

Panelists:

Karen Allen, CEO/Co-Founder, Infinite Album

Angie Rho, Esq., CAA

Nick Breen, Esq., Reed Smith

1.0 Credit in Areas of Professional Practice

2:15 p.m. to 2:30 p.m.

• Q&As

Session Two Thursday, November 3

• Ethics- How Many Hats – Lawyer as Manager and Other Potential Conflicts

Moderator:

Diane F. Krausz, Law Office of Diane Krausz

Panelists:

Nicole Hyland, Esq. – Frankfurt Kurnit Klein & Selz PC

Joseph L. Serling, Esq. – Serling Rooks Hunter McKoy Worob & Averill LLP

12:05 p.m.                                Introductions

12:10 p.m.-12:25 p.m.               Overview and Discussion of Managers vs Attorneys

• Role of Manager for Music Artist
• Review of Standard Manager/Artist Agreement
• Role of Attorney for Music Artist
• Attorney Fees – percentages vs hourly rates (NY focused)

12:25 p.m. – 12:40 p.m.            Ethics Code/Rules Relating to Lawyers who act as Managers – Generally

NY Rules of Ethics Relating to:

• Conflicts of Interest
• Privileged Communications
• Royalty to Business Associates and/or Client
• Duty to Disclose
• Separate Business Interests

12:40 p.m. – 12:55 p.m.            Blurred Lines – When the Attorney Provides Management Services

• Specific Risk Management Areas
• Power-of-Attorney Issues
• Legal vs Non-Legal Services

12:55 p.m. – 1:05 p.m.              Q & A

• That’s The Ticket!  Ticket Pricing (and Issues) for Concerts and Broadway – This panel will focus on event ticketing including general structure, dynamic pricing, and debacles, from various perspectives.

Moderator:

Barry Skidelsky, Esq.

Panelists:

Josh Baron, Co-Author “Ticket Masters” and Editor Emeritus, Relix Magazine

Gregg Arst, CEO/Founder, Tanna Inc.

1:10 pm                        Introductions

1:15 pm – 1:30 pm       Overview – Event Ticketing – Basics / Differences

Concerts / Sports / Broadway
Primary / Secondary / Third Party Ticket Sellers

1:30 pm – 1:55 pm       Ticket Pricing Structures and Considerations

Concerts

• Artist Guarantee vs (or plus) Percentage
• Yield Management / Revenue Management
• Participations in Ticket Revenue
• Promoter
• Artist Side
• Ticketing Platform Side
• Remaining Relevant

Broadway

• Four-Wall Deal
• Content Rights-holder bears Expenses
• Yield Management / Revenue Management
• Access to Broadway Tickets
• Box Office
• GSA – Group Sales Agents
• TodayTix, TKTS
• Remaining Relevant
• Subscription Models – Generally

1:55 pm – 2:15 pm       The Headlines

• Dynamic Pricing and Backlash
• Artist and/or Ticket Platform take the heat, but what are the real issues
• Scalping and Bots
• Evolution of the Ticketing Industry and Continuing Change
• Consumer Behavior and its Effects on the Ticketing Industry

2:15 pm – 2:25 pm       Q & A

Session Three Thursday, November 10 Agenda in Progress

Music Licensing in the Metaverse – The same as it ever was, or adapting current licensing models for these virtual worlds, or a new paradigm altogether? This panel will take a closer look at how music is licensed in the Metaverse and what the future may hold.

Moderator:

Imraan Farukhi, Esq.

Panelists:

Deborah Mannis-Gardner, DMG Clearances
Stacey Haber, Esq.
David Fritz, Esq.

Won’t You Be My Neighbor – The Right That is So Important to United States Artists and the Effort to Get Them Paid – This panel of industry leaders will discuss legislative, policy, business and economic changes across the globe affecting the master performance and neighboring rights income streams and how United States Recording Artists and Copyright Owners get paid for these important rights.

Moderator:

Christopher Hull, CPA, Partner, Citrin Cooperman & Company, LLP, New York

Panelists:

Kendall A. Minter, Esq., Of Counsel, Greenspoon Marder, LLP, Atlanta
Dan Millington, Senior Membership Manager, PPL, London
Wade Metzler, Label, Artist & Publisher Relations, Corporate Development, Sound Exchange, Los Angeles

Session Four Thursday, November 17 Agenda in Progress

Litigation Update on the Music Front – The last year has seen many exciting copyright and entertainment developments in litigation. Four experienced panelists will examine some of the high profile cases and developments which will affect litigation in the music industry going forward (e.g., Thaler v. Perlmutter – protectability of AI generated works under the Copyright Act; Andy Warhol Foundation v. Goldstein – fair use battle reaches SCOTUS; a raft of cases by rights holders against major ISPs; Gray v. Katy Perry infringement claim against Perry’s hit “Dark Horse” – a procedural saga from denial of summary judgment to $2.8 MM jury verdict to post trial reversal and to 9^th Circuit affirmation), both for their legal impact and to highlight the parties’ litigation strategies. The panel will also look at the practical effects and implications of these cases and trends for litigation in the industry going forward.

Moderator:

Paul LiCalsi, Esq., Reitler Kailas & Rosenblatt LLP

Panelists:

Hillel I. Parness, Esq., Of Counsel, Parness Law Firm PLLC
David Leichtman, Esq., Leichtman Law PLLC
Robert W. Clarida, Esq., Reitler Kailas & Rosenblatt LLP
Ryan Abbot, Esq., Brown Neri Smith Khan, LLP

The Value of a Good Song – Trends and Developments in Music Catalog Transactions –   With a multitude of catalogs transacting as we speak, it’s clear that music catalogs continue to be a highly sought-after asset class yielding steady returns and reliable income streams.  This panel of industry experts will discuss what makes a good song to investors and examine current trends and developments in catalog transactions.

Moderator:

Brian Richards – Managing Partner, Artisan, New York

Panelists:

Nari Matsuura – Partner, Citrin Cooperman, New York
Lisa Alter, Esq. – Partner, Alter, Kendrick & Baron, LLP, New York
Andy Moats – Executive Vice President, Pinnacle Financial Partners, Nashville
John Rudolph – Principal, 1.618 Industries, Nashville