http://cuttingedgenola.com/
A comprehensive presentation of HOT TOPICS and CURRENT TRENDS in today’s entertainment law.
31st Annual
CUTTING EDGE ENTERTAINMENT LAW SEMINAR
August 24, 25, 26, 2023
New Orleans
InterContinental New Orleans Hotel
A Brave New World in Entertainment Law
Covering
“AI – Publishing – Trademark – Films – Literary Publishing – Audio Production Legal Consideration – Transactional Issues”
This course is approved for a total of 16.00 hour(s) of credit, including 1.00 hour(s) of ethics, 1.00 hour(s) of professionalism, and 1.00 hour(s) of law office practice by the MCLE Committee of the Louisiana State Bar Association.
Subject to change
Thursday, August 24, 2023
9:00 AM – 10:00 AM Professionalism – The Ornery Adversary [Legal/ CLE 1.0 cr. hr.]
What do you do when the attorney on the other side is unprofessional, nasty, or simply impossible? What do you do when you have an adversary who stalls, doesn’t return calls, or delays matters? How do you get the most out of your negotiation? How do you save a deal from going south?
Speakers:
- Judith DeFraites, Esq., New Orleans, LA
- David Dalia, Esq., New Orleans, LA
10:15 AM – 11:15 AM Sorting Out Rights in Band Names [Legal/ CLE 1.0 cr. hr.]
This presentation examines – through classic and new court decisions – how rights in bands names are determined among group members, between different bands, in concept groups and as to third parties, including personal managers and record labels. Federal trademark rights, state false advertising laws and other applicable laws will be explained.
- Stan Soocher, Esq., Editor-in-Chief, Entertainment Law & finance, Professor Emeritus, college of Arts & Media, University of Colorado Denver
- Edgar “Dino” Gankendoff, Esq., Provosty & Gankendoff, LLC, NOLA
11:30 AM – 12:30 PM Trademarks Essentials: Avoiding and resolving disputes. What’s in a name? [Legal/ CLE 1.00 cr. hrs.]
How selecting a company name, logos, branding merchandise raise issues of control. Logos v. slogans v. word trademarks: Branded what can and what cannot. Discussion of recent cases on brands, conflicting rights, and the unauthorized use of word trademarks or marketing campaigns.
Speakers:
- Gregg R. Zegarelli, Esq., Zegarelli Technology & Entrepreneurial Ventures Law Firm, Pittsburgh, PA (Moderator)
- Charlotte Towne, Esq., Charlotte Towne Law, Miami, FL
12:30 Break
1:00 PM – 2:15 PM Turning The Beat Around: Co-Authorship, Co-Producer and Copyright Infringement Claims Brought by Beat Creators and Defenses to Such Claims [Legal/ CLE 1.25 cr. hr.]
Between click through agreements, social media and the internet at large, beats, underlying music beds, are freely exchanged and circulated in the music world. Without appropriate contracts and documentation in place, the practice of allowing others to hear, share or use your beats creates fertile ground for claims of copyright infringement, joint authorship and/or producer credit depending upon the relevant facts. These claims and the defenses to such claims present many challenges to the practitioner.
Speakers:
- Brian D. Caplan, Esq., Reitler Kailas & Rosenblatt, LLP, New York, NY
- Lauren Kilgore, Esq., Shackleford, Bowen, Mckinle & Norton LLP, Nashville, TN
2:30 PM – 3:45 PM AI vs. Generative AI Intellectual Property Isssues in the Web 3.0 World [Legal/ CLE 1.25 cr. hrs.]
This panel will cover understanding AI and Data Rights, current legislation and case law. The discussion will include AI involvement in the Metaverse (Web3), AL involvement in NFTs and art/music generation and the legal implication of generative AI.
Speakers:
- Scott Keniley, Esq., Keniley, Kumar, Atlanta, GA
- Kevin Mills, Esq. Kaye & Mills, Beverly Hills, CA
- Eric Ryan Alexander, CEO, Founder, Soundscape VR
- Stephen J. Easley, Esq., Law Office of Stephen J. Easley, Esq., Austin, TX
4:00 PM – 5:30 PM The Legal and Business Essentials of a Literary Publishing Deal [Legal/ CLE/Business 1.5 cr. hr.]
This panel will discuss various forms of content creation, licensing and marketing of Book Publishing.
Speakers:
- Kirk T Schroder, Esq., Schroder Brooks Law Firm, PLC, Charlotteville, VA
- Jessica Kaye, Esq. Kaye & Mills, Beverly Hills, CA (Moderator)
Friday, August 25, 2023
9:00 AM – 10:00 AM Ethics: Vernon P. Thomas Ethics Presentation [Legal/ CLE 1.0 cr. hr.]
This panel will cover rules of professional conduct and Social Justice areas.
Speakers:
- Judith DeFraites, Esq., New Orleans, LA
- Tim Kappel, Esq., Wells & Kappel LLP, New Orleans, LA
- Darryl Cohen, Esq., Cohen, Cooper Estep & Allen, Atlanta, GA
10:15 AM – 11:15 AM Audiobooks, Narrations and Podcasts Legal and Production Considerations [Legal/ CLE 1.0 cr. hr.]
This panel will cover Audiobooks and AI, producer’s licensing issues, securing rights and understanding liabilities and issues pertaining to narrations contracts for services, rate of pay and who owns finish product.
Speakers:
- Jessica Kaye, Esq. Kaye & Mills, Beverly Hills, CA (Moderator)
- Kirk T Schroder, Esq., Schroder Brooks Law Firm, PLC, Charlotteville, VA
11:30 AM – 12:45 PM Representing high-value Sports and Entertainment Clients, Agreements, Rights To Publicity [Legal/ CLE 1.0 cr. hr.]
Speakers:
- Brittney Trigg, Esq., BTRIGGLAW, PLLC, Miami, FL
- Kimberly Haynes, Esq., Haynes Johnson, LLC, Baton Rouge, LA
- Darryl Cohen, Esq., Cohen, Cooper Estep & Allen, Atlanta, GA
1:00 PM – 2:00 PM New Trends in Synch and Masters Use Licensing
This panel’s discussion will extend to multiple music licenses use in Film/TV, Podcast and the Metaverse. [Legal/ CLE 1.0 cr. hr.]
Speakers:
- Stephen J. Easley, Esq., Law Office of Stephen J. Easley, Esq.
- Christoper Szapary, Esq., Provosty & Gankendoff, LLC, New Orleans, LA
- Darryl Cohen, Esq., Cohen, Cooper Estep & Allen, Atlanta, GA
- Rich French, Chairman, CEO of French/West/Vaughan (FWV), Raleigh, NC
2:15 PM – 3:30 PM “Where the $ Comes From” [Legal/ CLE 1.25 cr. hr.]
Performances, Synch Licensing, Mechanicals, Sound Recordings, Neighboring Rights and Foreign Countries-these are the primary sources of royalties and fees for songwriters, composers, writer/artists and their representatives-music publishers and record companies.
This panel will discuss the entities that negotiate, collect and distribute music rates and royalties, the areas where there is no negotiation, the actual monies being paid to songwriters and artists and the future of creative compensation. Areas covered include audio and audio-visual streaming services, traditional broadcast and cable television, radio, video games, advertising commercials, consumer products, “catalogue” musicals, holograms and more.
Speakers:
- Todd Brabec Esq., former ASCAP Executive Vice President, co-author “Music, Money and Success”, Adjunct Professor USC
- Jeff Brabec, Esq., Senior Vice President Legal and Business Affairs BMG, Board member The MLC, co-author “Music, Money and Success”, Adjunct Professor USC
- Scott Keniley, Esq., Keniley, Kumar, Atlanta, GA
3:45 PM – 5:00 PM The Fundamentals of a Film Distribution Deal [Legal/ CLE 1.25 cr. hr.]
Speakers:
- Kirk T Schroder, Esq., Schroder Brooks Law Firm, PLC, Charlotteville, VA
- William Ramsey, Esq. Ramsey Law Firm, New Orleans, LA
- Kevin Mills, Esq., Kaye & Mills, Beverly Hills, CA
- Jeff Becker, Esq., Swanson, Martin & Bell, LLP, Chicago, IL
Saturday, August 26, 2023
9:00 AM – 10:00 AM Legal Practice Management: Do’s and Don’ts of Building a Successful Entertainment Law Practice [Legal/ CLE 1.0 cr. hr.]
New Orleans has become a hub for music, film and TV industries, but what does it mean for an attorney and independent music and filmmaking clients. This panel will walk you through maintaining communication with clients, client funds management, and making sure the filmmaker/client engagement letters are correct. Review user-generated content rights and procedures with filmmaker clients. Establishing a disbursement system for staff fees payment. Review intellectual property agreements, tax credit financing incentives, and distribution.
Speakers:
- David Dalia, Esq., New Orleans, LA (Moderator)
- Vernon Wesley Thomas, Esq., New Orleans, LA
- Tim Kappel, Esq. Wells & Kappel, New Orleans, LA
- Brittney Trigg, Esq. BTRIGGLAW, PLLC Miami, FL
10:15 AM – 11:15 AM – Recording, Producing and Agency Agreements – What to look for – What to avoid [Legal/ CLE 1.25 cr. hr.]
The panel will cover essential deal points when representing artists, record labels and producers. The panel will focus on potential costly mistakes to avoid.
Speakers:
- Tim Kappel, Esq., Wells & Kappel LLP, New Orleans, LA(Moderator)
- Brittney Trigg, Esq. BTRIGGLAW, PLLC, Miami, FL
- Edgar “Dino” Gankendoff, Esq., Provosty & Gankendoff, LLC, NOLA
11:30 AM – 1:00 PM “The Changing World of Music Publishing Agreements 2023” [Legal/CLE 1.5 cr. hr.]
Single Song, Exclusive Songwriter, Co-Publishing, Participation, Administration, Joint Venture, Collaboration, Sample and Foreign Sub-Publishing-these are the primary Music Publishing Agreements governing songwriters and composers. This panel will discuss the most important provisions of each of these agreements, what’s negotiable and what’s not, what the financial impact is when one signs these agreements and most importantly, how these agreements have changed in recent years.
Whether you are your own publisher, signed to an independent publisher or major publisher or just starting out, knowledge of how the music publishing business works is essential to a successful career.
Speakers
- Jeff Brabec, Esq., Senior Vice President Legal and Business Affairs BMG, Board Member The MLC, Co-author “Music, Money and Success”, Adjunct Professor USC.
- Todd Brabec, Esq., Entertainment Law attorney, Co-author “Music, Money and Success”, Adjunct Professor USC, former ASCAP Executive Vice President.
- Jedd Katrancha, Downtown Music Services, New York, NY
Speakers
2023 Entertainment Law Seminar Speakers (Subject to change)
• Todd Brabec Esq., former ASCAP Executive Vice President, co-author “Music, Money and Success,” Adjunct Professor USC
• Jeff Brabec, Esq., Senior Vice President Legal and Business Affairs BMG, Board member The MLC, co-author “Music, Money, and Success,” Adjunct Professor USC
• Brian Caplan, Esq., Reitler Kailas & Rosenblatt, LLP
• Darryl Cohen, Esq., Cohen, Cooper Estep & Allen, Atlanta, GA
• David Dalia, Esq., New Orleans, LA
• Judith DeFraites, Esq., New Orleans, LA
• Stephen J. Easley, Esq., Law Office of Stephen J. Easley, Esq.
• Martin Fischman, Esq. NFLPA Certified Agent, Bellengee Group, Dallas, TX
• Rich French, Chairman, CEO, French/West/Vaughan, Raleigh, NC
• Edgar “Dino” Gankendoff, Esq., Provosty & Gankendoff, LLC, NOLA
• Kimberly Haynes, Esq. Haynes Johnson, LLC, Baton Rouge, LA
• Tim Kappel, Esq., Wells & Kappel LLP, New Orleans, LA
• Jessica Kaye, Esq., Kaye, and Mills, Los Angeles, CA
• Scott Keniley, Esq., Keniley, Kumar, Atlanta, GA
• Lauren Kilgore, Esq., Shackleford, Bowen, Mckinle & Norton LLP, Nashville, TN
• Kevin Mills, Esq., Kaye, and Mills, Los Angeles, CA
• Nadine Ramsey, Esq., New Orleans, LA
• William Ramsey, Esq. Ramsey Law Firm, New Orleans, LA
• Kirk T Schroder, Esq., Schroder Brooks Law Firm, PLC, Charlotteville, VA
• Stan Soocher, Esq., Editor-in-Chief, Entertainment Law & Finance, Professor Emeritus, College of Arts & Media, University of Colorado Denver
• Christoper Szapary, Esq., Provosty & Gankendoff, LLC, New Orleans, LA
• Vernon W. Thomas, Esq. Thomas Law Firm, New Orleans, LA
• Brittney Trigg, Esq., Miami, FL
• Charlotte Towne, Esq., The Mermaid Lawyer, Fort Lauderdale, FL
• Gregg R. Zegarelli, Esq., Zegarelli Technology & Entrepreneurial Ventures Law Firm, Pittsburgh, PA
Cutting Edge may add or remove Speakers from the list.
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