Topic 1: Case Developments Impacting the Music Industry
Moderator: Paul Licalsi, Esq., Robins Kaplan, LLP
Speakers: Cynthia S. Arato, Esq., Shapiro Arato, LLP, Ross Bagley, Esq., Pryor Cashman LLP, Brian D. Caplan, Esq., Reitler Kailas & Rosenblatt LLC
Topic 2: International Digital Licensing and Copyright Reform
Digital media companies and their lawyers face an array of complex licensing regimes when they expand into international markets. This panel took a practical focus on commercial and legal issues in the international markets ranging from collection societies and rights to emerging legal developments and deals.
Moderator: Jeff Liebenson, Esq., Liebenson Law and President of International Association of Entertainment Lawyers
Speakers: Alexander Ross, Esq., Wiggin LLP (London), Joe Conyers III, General Manager, Songtrust, Adam Parness, Head of Publisher Licensing & Relations, Pandora
Topic 3: No Direction Home: Tax and Legal Planning for Multi National Groups
Hit songs and the successful bands that record them are not limited to one territory. We now have band members spread over three or four territories, which requires careful coordination of legal and accounting matters. This session traced the legal and accounting issues of a fictional group, its members and corporate entities, from recording to touring, addressing along the way: tax residence, international tax structures, estate taxes without borders, contract jurisdiction shopping and impact of income streams, expansion overseas by US entities, treaty protection and domestic law in a changing environment, royalty remittances, and trademark issues (i.e., Rhianna and Ukulele Orchestra cases).
Moderator: Eric Longley, Chartered Accountant, Prager Metis (UK)
Speakers: Hal Peterson, Prager Metis, Robyn Guilliams, Esq., Goldstein & Guilliams, PLC
Topic 4: Anatomy of a Music Festival
The popularity of music festivals is becoming a dominating force the music industry. Live musical performances are revenue earners for festival owners, promoters and artists alike. For those in attendance, music festivals provide an atmosphere fostering creativity, unity and self-expression, and are also crazy fun. Before the first set starts, there is extensive planning, administration, and organized execution that goes into putting on your favorite music festival. This panel deconstructed the components of a music festival and took a look into the business and legalities involved in such a venture. Discussions included: talent buying and programming; safety and insurance; financial planning and concerns; intellectual property implications; and agreements with talent, staff and sponsors.
Moderator: Joyce Dollinger, Esq., Dollinger, Gonski and Grossman
Speakers: Peter Tempkins, HUB International (Insurance Brokers), Peter Shapiro, Promoter (Brooklyn Bowl Founder, et al.), Janine Small, Esq., Janine Small, PLLC, Nicholas Judd, Judd Financial
Topic 5: Planning for Celebrities and Beyond
The recent and tragic passing of Prince has caused renewed focus on the risks of poor planning, or even worse, no planning at all. This panel of experts presented a case study to explore the legal, tax and practical business considerations that should be addressed before this thing called Life comes to an end.
Speakers: Gabe M. Wolosky, CPA, Prager Metis CPAs, LLC, Linda J. Wank, Esq., Frankfurt Kurnit Klein & Selz, PC, Justin Buencamino, (Valuation Expert) Prager Metis CPAs, LLC, Jonas E. Herbsman, Esq., Shukat Arrow Hafer Weber & Herbsman, LLP
NO CLE PROVIDED Keynote: Richard Gottehrer (The Orchard) to be interviewed by Jem Aswad (Billboard) Perspectives: The Music Industry – Where it’s Been and Where it’s Headed
If anyone can provide a broad perspective on the music industry, it’s Richard Gottehrer, Co-Founder and Chief Creative Officer of The Orchard. In 1997, The Orchard was founded to provide independent artists with the ability to sell their music to mainstream audiences.
Topic 6 – Termination Rights and Related Issues
So now you have your rights back, what do you do with them?
Speakers: Lisa A. Alter, Esq., Alter, Kendrick & Baron, LLP, Robert H. Bienstock, Esq., Carlin America,
C. Katherine Baron, Esq., Alter, Kendrick & Baron, LLP
Topic 7 – ReMixed and Mashed Up – Clearance and Royalty Streams
Advancements in recording technology and the increased popularity of dance and house music have catapulted DJs to the forefront of the music scene. Remix and mashup versions of popular songs by well-known DJs are often listened to as much as or more than the original song. For artists seeking to earn money from remixes and mashups, however, proper clearance and licensing is necessary to avoid copyright infringement for these derivative works. This panel explored the types of licensing agreements available to artists seeking to monetize remixes and mashups and ways to go about ensuring proper clearance is in place to avoid infringement.
Speakers: Bob Barbiere, Dubset Media Holdings, David Jacob, Esq., Glassnote Publishing
Topic 8 – Ethics: CyberEthics
You’ve read the headlines. You’ve heard the news reports. Think it can’t happen to you? Think again! This CLE presented an overview of the current state of cyber security law and the additional obligations imposed upon attorneys in New York by the Rules of Professional Responsibility. Join us for a discussion of issues relating to the protection of confidential information by attorneys and their clients as well as planning for mandatory and recommended actions after, and potential liability and consequences following a data breach.
Speaker: Donna Frosco, Esq., Dunnington, Bartholow & Miller, LLP
Topic 9 – Trends and the Outlook for Music Publishing and Master Catalog Transactions
As streaming services gain traction and emerging technologies come into focus, many music industry professionals see both opportunity and cause for concern over the potential for future growth. This panel of industry experts discussed recent trends in catalog transactions as well as factors impacting the market for music publishing and master recording catalogs and what attorneys and valuation experts are recommending to their clients.
Moderator: Doug Colton, Esq., Colton Entertainment Group
Speakers: Nari Matsuura, Partner, Massarsky Consulting Inc., Andrew Bergman, Esq., CEO & General Counsel, Downtown Music Publishing, Patrick Moxey, Founder and President, Ultra Records
Topic 10 – DOJ Decision and PROs
The DOJ recently interpreted the consent decrees governing ASCAP and BMI to require them to abandon decades of industry practice with respect to fractional licensing of songs, and require that each PRO license 100% songs only. This panel discussed the effect of that decision on the industry, what it means for songwriters publishers, the PROs themselves, as well as licensees.
Moderator: Marc Jacobson, Esq., Marc Jacobson, P.C.
Speakers: Monica Corton, Next Decade Entertainment, Inc., Paul M. Fakler, Esq., Arent Fox, Clara Kim, Esq., ASCAP
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