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>Entertainment Law Seminar

 29th Annual

CUTTING EDGE ENTERTAINMENT LAW SEMINAR

August 26 – 28, 2021

New Orleans

InterContinental New Orleans Hotel

“Songs – Publishing – Trademark – Films – Transactional Issues”

 

Covering Recording Contracts, Publishing Contracts, Termination of Transfer, Copyrights, Neighboring Rights, Entrepreneur Crowdfunding (JOBS Act), Filmmakers Agreements, VR/Interactive laws,

 

 

This course is approved for a total of 15.75 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 26, 2021

 

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 PM         Deal Points in Recording Contacts, Producer, Manager and Publishing Agreements [Legal/ CLE 1.25 cr. hr.]

Standard Agreements deal point favoring the artist v. those favoring the record label, producer, manager and publishing company.

Speakers:

  • Tim Kappel, Esq., Wells & Kappel LLP, New Orleans, LA(Moderator)      
  • Jonathan Ellin, Esq. Cohen, Cooper, Estep & Allen, Atlanta, GA
  • Navarro W. Gray, Esq., The Gray Law Firm, Hackensack, NJ
  • Daniel R. Friedman, Esq., Louis, MO

 

 

11:30 AM – 12:30 PM         Litigation: Latest Entertainment Cases [Legal/ CLE 1.0 cr. hr.]

Speakers:

  • Darryl Cohen, Esq.,Cohen, Cooper Estep & Allen, Atlanta, GA
  • Jonathan Ellin, Esq. Cohen, Cooper, Estep & Allen, Atlanta, GA

 

 

12:30 Break

 

 

1:00 PM – 2:15 PM             The Wicked, Wicked World of Music Supervision [Legal/ CLE 1.25 cr. hr.]

This panel covers the standard practices for securing the rights to use pre-existing music. Licensing songs v. masters, cost for securing rights for recording, films/TV, Ads, musical theatre, interactive media, etc…

Speakers:

  • Rick French, CEO, French/West/Vaughan, Filmmaker, National Trustee Rock & Roll Hall of Fame, Board Member, Buddy Holly Foundation
  • Christoper Szapary, Esq., Provosty & Gankendoff, LLC, New Orleans, LA   
  • Stephen J. Easley, Esq., Law Office of Stephen J. Easley, Esq.  
  • Barry Coffing, CEO, Music Supervisor, Inc

 

 

 

 

2:30 PM – 3:45 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
  • Suzette Toledano, Esq., Toledano Entertainment & Arts Law, New Orleans, LA
  • Daniel R. Friedman, Esq., Louis, MO

 

4:00 PM – 5:15 PM             ” Partnerships in Rebuilding the Arts and Entertainment After Covid “  [Legal/ CLE 1.25 cr. hrs.]

Music is big business in today’s information technology economy. In Austin, music activity contributes more than $2 billion a year to the economy, while also giving Austin a “Cool Vibe” that has made it one of the fastest growing cities in the country both in population and economic growth. That growth, however, is crowding out musicians and venues with higher rents and cost of living.  Covid took a reeling industry and flattened it. How does a city and its community hold on to what makes it special – music – while also providing opportunity to all its citizens, particularly in the time of Covid? What do smaller, differently challenged cities such as Lafayette, LA to support the arts?  Government, Non-Profits, and Business can form partnerships to help

Speakers:

  • Stephen J Easley, Esq., Law Office of Stephen J. Easley, Esq., Austin, TX and Washington, DC  
  • Scott Fetters, CEO, 2112 Chicago, Music, Film/Video and Creative Technology, Chicago, IL
  • Edgar “Dino” Gankendoff, Esq., Provosty & Gankendoff, LLC, NOLA 
  • Rick French, Chairman & CEO, French/West/Vaughan, Filmmaker, National Trustee Rock & Roll Hall of Fame, Board Member, and Buddy Holly Foundation
  • Christopher J Stelly, Executive Group Director, Entertainment & Digital Media, State of Louisiana  
  • Carroll Morton, Director,

 

 

 

Friday, August 27, 2021

 

9:00 AM – 10:00 AM          Ethics [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
  • Nadine Ramsey, Esq., New Orleans, LA
  • Darryl Cohen, Esq., Cohen, Cooper Estep & Allen, Atlanta, GA

 

 

10:15 AM – 11:30 AM        Limited Liability Companies and the Entertainment Industry [Legal/CLE 1.25 cr. hrs.]

Limited Liability Companies use, limited liability set up practices, operational agreements, collaborative agreements, and transfer rights in the entertainment industry. This panel will cover how LLCs are different from other ways of collaboration, such as partnerships. Corporations v. LLCs, which is generally preferred and why.

Speakers:

  • Daniel R. Friedman, Esq., St. Louis, MO
  • Gregg R. Zegarelli, Esq., Zegarelli Technology & Entrepreneurial Ventures Law Firm, Pittsburgh, PA
  • Navarro W. Gray, Esq., The Gray Law Firm, Hackensack, NJ

 

 

11:45 PM – 1:00 PM           WHAT IS THE LEGAL CHECKLIST FOR SELLING A MUSIC PUBLISHING CATALOG? [Legal/ CLE 1.25 cr. hr.]

Music publishing catalogs have never been more in demand for purchase than now. Not only are recognized companies looking for catalogs, but now investors and equity funds are purchasing catalogs and arranging for other established music companies to administer their rights. If you are representing a catalog sale, what are the things you need to do to maximize the sale for your client and provide the necessary information to a prospective buyer? How have valuations changed and who are the best people to engage to provide you with an accurate valuation? What statistics and other copyright information do you need to provide to a prospective buyer? What trends are happening in the global market and who are the strongest music publishing companies prepared to meet those challenges? For this and more information, please join us for a lively discussion about the skills required to sell a music publishing catalog in the 2020s!

Speakers:

  • Edgar “Dino” Gankendoff, Esq., Provosty & Gankendoff, LLC, NOLA 
  • Stephanie Furgang Adwar, Esq., Furgang & Adwar, LLP, New York, NY
  • Monica Cordon, CEO and Founder, Go to Eleven Entertainment
  • Wallace Collins, Esq., New York, NY

 

 

1:15 – 2:00   Keynote Interview,

Interviewee, Alex Heiche, CEO, Sound Royalties

                                    Interviewer, Edgar “Dino” Gankendoff, Esq., Provosty &                            Gankendoff, LLC, NOLA 

 

2:15 PM – 3:30 PM             “Performances, Synch and Mechanicals: a 5 Billion Dollar World” [Legal/ CLE 1.5 cr. hr.]

With 2020 U.S. Music Publishing royalties in excess of $4 billion dollars and SoundExchange collections exceeding $1 billion dollars, the U.S. financial marketplace for songwriters, music publishers, recording artists an d labels is in a very positive place. But what are the sources of this revenue and how are these rates being determined and for how long and most importantly, how much money are we talking about?  This panel will dissect the three main  sources  of Music  Publisher/Songwriter income and  the Artist/Label lucrative world  of Interactive Streaming as well as what the future looks like for all $areas-both positives as well as challenges.

Speakers:

  • Jeff Brabec, Esq., Senior Vice President Legal and Business Affairs BMG and co-author “Music, Money and Success”
  • Todd Brabec, Esq., former ASCAP EVP and co-author “Music, Money and Success”
  • Richard Perna, Music Entrepreneur, former VP/COO Hamstein Music, founder and CEO Evergreen Copyrights

 

 

3:45 PM – 5:00 PM             Navigating Digital Content Deals for Film, Television and MORE [Legal/ CLE 1.25 cr. hr.]

Digital distribution is now an important and customary distribution method for film, television and other digital content. The rise in new digital platforms also presents new business and legal considerations for content providers. This panel will discuss the fundamental legal and business considerations for digital distribution of audio-visual content and what the future holds for this evolving area.

Speakers:

  • Kirk T Schroder, Esq., Schroder Brooks Law Firm, PLC, Richmond, VA
  • Darryl Cohen, Esq., Cohen, Cooper Estep & Allen, Atlanta, GA
  • Anuj Gupta, Esq., Head of Legal and Business Affairs, EKO
  • Danielle Falls, Esq., Smith Entertainment Law Group, New York, NY

 

 

Saturday, August 28

 

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)
  • Judith DeFraites, Esq., New Orleans, LA
  • Tim Kappel, Esq. Wells & Kappel, New Orleans, LA

 

 

10:15 AM – 11:45 AM        Why are Music Publishing Copyrights so Valuable? [Legal/ CLE 1.5 cr. hr.]

With music uses and licensing opportunities at an all time high, the ownership of copyrights represents an investment that seemingly “can’t go wrong”. Within the past few years, many new players have entered the acquisition market including hedge funds, multi national conglomerates, well funded independents and smaller aggregators, among others. And with this influx of new buyers and funds, the multiples being paid for publishing assets have skyrocketed.

    This panel will delve into the world of Copyright values including full and partial catalogue sales, legal entity versus asset acquisitions, single song deals as well as the increasing trend of songwriters selling their writer royalties. In addition, the panel will also discuss what areas of income and media are being taken into consideration when negotiating these deals and what’s the short and long term view of “acquisitions at any price”.

Speakers:

  • Jeff Brabec, Esq., Senior Vice President Legal and Business Affairs BMG and co-author “Music, Money and Success”
  • Todd Brabec, Esq., former ASCAP EVP and co-author “Music, Money and Success”
  • Richard Perna, Music Entrepreneur, former VP/COO Hamstein Music, Founder and CEO Evergreen Copyrights
  • Wallace Collins, Esq., New York, NY
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Join us at the 29th Cutting Edge Conference | COMING SOON!