EASL Music Business and Law Conference 2023
8:00 a.m. – 9:00 a.m.
Registration and Light Breakfast
9:10 a.m. – 10:40 a.m.
The Basics: Rights, Revenue Streams, And Agreements Related To Recording Artists And Songwriters – What rights, revenue streams, and agreements should a music lawyer be aware of when representing a recording artist or songwriter? This panel will address the basic rights, sources of revenue, and types of agreements music lawyers should know and understand when representing recording artists and songwriters embarking on a career in the music business. Executives from a music distribution company, publishing company, management company, merchandise company, and a law firm, will explain their roles, rights related to various music revenue streams, and contracts recording artists and songwriters enter into to monetize and exploit their works and expand their careers. Panelists will also discuss trends in the industry. Bring your questions.
1.5 MCLE Credits | 1.5 CPE Credits
Panelists:
Robert A. Celestin, Esq., Law Offices of Robert A. Celestin
Ashley Fogerty, Esq., VP of Business Affairs for Bravado
Bea Koramblyum, Global Head-Bus. Affairs, Downtown Music Publishing
Matthew Skiba, VP-Rights and Content, Vydia
Janine Small, Esq., Principal Janine Small, PLLC
Emily White, Collective Entertainment – MODERATOR
10:50 a.m. – 11:50 a.m. – Breakout Sessions
Turning The “Beat” Around – Times have changed. In the past, musical compositions were often written by collaborative efforts between composers and lyricists, and musical recordings were recorded by bands in a studio with the input of a producer. Today, “beats” or musical beds are independently created and made available on-line or otherwise disseminated to R & B or urban recording artists for their consideration. The use of “beats” with no formal written agreements in place leads to copyright infringement, co-authorship and producer claims, including claims of ownership of master recordings. This panel will analyze such claims and the defenses to them as well as discuss the potential impact of settlement agreements on existing royalty structures and calculations for both the Composition and Master.
1.0 MCLE Credit | 1.0 CPE Credit
Panelists:
Brian Caplan, Esq., Reitler Kailas & Rosenblatt LLP – MODERATOR
Jonathan D. Davis, Esq., Jonathan D. Davis, P.C.
Sapna Lal, Esq. The Lal Firm, LLC
Christine Lepera, Esq., Mitchell Silberberg & Knupp LLP
10:50 a.m. – 11:50 a.m. – Breakout Sessions
Estate Planning For Recording Artists and Songwriters – Death and the Things That Can Go Wrong When It Is Not Properly Planned For – There are many artists who haven't done proper planning and have been left in the unenviable position of having to pay large tax bills that could have been avoided with some proper foresight. This panel will discuss best practices in estate planning for Recording Artists and Songwriters.
1.0 MCLE Credit | 1.0 CPE Credit
Panelists:
Mary T. D. Delman, CPA, Esq., Partner, Citrin Cooperman
Michael X. Dooley, Partner, Chief Compliance Officer, Citrin Cooperman – MODERATOR
Michael B. Frisch, Esq., Partner, Herbsman Hafer Weber & Frisch, LLP
Gordon P. Stone III, Esq., Partner, Kozusko Harris and Duncan LLP
Catherine M. Taylor, Esq., Partner, Citrin Cooperman
12:00 p.m. – 1:00 p.m. – Breakout Sessions
Copyright Office Update – With a variety of rule implementations and other changes at the Copyright Office, this panel will highlight those impacting the music world, such as Group Registrations of Sound Recordings, Small Claims in Copyright, the Office’s new Artificial Intelligence Initiative, and rules regarding the Music Modernization Act and the MLC – all of which will affect the practice in and economics of the Music Industry.
1.0 MCLE Credit | 1.0 CPE Credit
Panelists:
Joyce Dollinger, Esq., Partner, Alter, Kendrick & Baron LLP – MODERATOR
John Riley, Esq., Assistant General Counsel, U.S. Copyright Office
12:00 p.m. – 1:00 p.m. – Breakout Sessions
Bringing The Brand – Focusing on the non-musical monetization aspects of a successful band or musician’s career, the panel will discuss; creative ways in exploiting a band’s name and explore its descendibility; the ins and outs of the cannabis businesses for celebrities and the pitfalls and nuances in financing a Federally illegal industry; and the legal and business aspects of influencer contracts.
1.0 MCLE Credit | 1.0 CPE Credit
Panelists:
Robert J. deBrauwere, Esq., Pryor Cashman
Mitzi Keating, Citrin Cooperman
Diane Krausz, Esq. – MODERATOR
Eli B. Nathanson, Esq., Pryor Cashman
1:00 p.m. – 2:20 p.m. Lunch Program
Around The World in 60 Minutes: A Tour of Emerging Music Business Markets with Bill Werde
With music streaming growth in Western markets leveling off, the recorded music industry is increasingly looking to emerging markets to provide reasons for optimism. But while it’s true that these markets are modernizing and growing rapidly, corresponding record industry revenues have been slow to materialize. Bill Werde, director of the Bandier music business program at Syracuse University, and creator of influential industry email Full Rate No Cap, will present a spirited overview of the governing dynamics and address critical challenges and biggest opportunities for the recorded music industry as it relates to music's most important emerging markets.
Werde has toured the music industry in Beijing, Hong Kong, Jakarta, Seoul, Ho Chi Minh, Singapore, and Bangkok in recent years. In these markets, he has met with and learned from everyone from global multinationals such as YouTube and Spotify, to the coolest taste-making indie labels.
Trends in repertoire, macroeconomic factors, and the role that key DSP partners such as YouTube and TikTok will play in the future of the real global music business, will all be part of the discussion.
Speakers:
Bill Werde – Director, Bandier Program for Recording and Entertainment Industries and Creator, Full Rate No Cap
2:20 p.m. – 3:20 p.m. – Breakout Sessions
Music Copyright Terminations – A Review – The mechanics of the termination process, practical planning around terminations; performing a terminations review for catalog sales.
1.0 MCLE Credit | 1.0 CPE Credit
Panelists:
Joyce Dollinger, Esq., Partner, Alter Kendrick & Baron – MODERATOR
Katie Baron, Esq., Partner, Alter Kendrick & Baron
Richard Reimer, Esq., SVP – Business and Legal Affairs – ASCAP
Mona Simonian, Esq., Partner-Pryor Cashman
Ramon Villa, COO, Primary Wave
2:20 p.m. – 3:20 p.m. – Breakout Sessions
Streaming Royalties and Music Royalty Streams – The remarkable growth in the music industry has been driven by consumers’ love of streaming their music but also through the very important legislative efforts to improve the royalties payable to rightsowners songwriters and artists alike. This panel of experts will unpack the royalty rates payable pursuant to Phonorecords III and IV as well as digital performance and how that important income stream differs from the industry’s life blood of terrestrial performance. Emphasis will be placed on the publishing income streams but they’ll also discuss master royalties, the interplay of the multitude of income streams in the market today and how those monies drive value in the music rights market.
1.0 MCLE Credit | 1.0 CPE Credit
Panelists:
Michael Bizenov – President, Sound Royalties – MODERATOR
Chris Hull , CPA, Partner, Citrin Cooperman Advisors
Barry M. Massarsky, Partner, Citrin Cooperman Advisors
Benjamin K. Semel, Esq., Partner, Pryor Cashman
3:30 p.m. – 5:00 p.m.
Litigation Update on The Music Front& Music –
The last year has seen many exciting copyright and entertainment developments in the litigation arena. Four experienced panelists who have litigated extensively in the music industry will examine some of the recent high profile cases (e.g., the Supreme Court’s ruling on “fair use” in the Andy Warhol case, litigation over termination rights for grants of sound recordings copyrights, Ed Sheeran’s trial successfully defending claims of copyright infringement for his hit “Thinking out Loud,” and developments on the litigation front involving in Artificial Intelligence, etc.), 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 music litigation and industry economics going forward.
1.5 MCLE Credits | 1.5 CPE Credits
Panelists:
Ryan Abbott, Esq., Brown, Neri, Smith and Khan LLP
Robert W. Clarida, Esq., Reitler Kailas & Rosenblatt LLP
Ilene S. Farkas, Esq., Pryor Cashman
Paul V. LiCalsi, Esq., Reitler Kailas & Rosenblatt LLC – MODERATOR
Richard S. Mandel, Esq., Cowan, Liebowitz & Latman, P.C.
5:00 p.m. – 6:30 p.m.
Reception
Thank you to our Sponsors!
Lunch Sponsor
- November 17, 2023
- 8:15 AM
- 5:15 PM
- 6.0
- 6.0
- New York City
- American Arbitration Association
150 East 42nd Street 17th Floor
New York, NY 10017
- In-Person
- EASLMJ23
- Entertainment, Arts & Sports Law Section
- Committee on Continuing Legal Education