Day 3 - Book Publishing; Current Developments in Entertainment and Sports Litigation; Film
Morning Session: 9:00 a.m. - 12:30 p.m.
Kenneth M. Kaufman, Howard Siegel
9:15 Book Publishing
- Overview of the state of book publishing: on-demand and the e-book revolution
- Key deal points in the publishing contract
- The role of lawyers and literary agents
- Update on major legal cases affecting the publishing business
Gail Ross, John Schline
10:45 Networking Break
11:00 Current Developments in Entertainment & Sports Litigation
Sports Law: The Use of Athletes’ Images and the Right of Publicity
- The unclear state of the law
- The tests courts have used to determine liability
- The balancing between First Amendment rights and wrongful exploitation
- Rights of publicity in a professional sports context
- Rights of publicity in an amateur sports context
- The dated U.S. Supreme Court right-of-publicity jurisprudence
- Pending sports cases likely to set the course of the law in this area
- Public policy issues
Elizabeth A. McNamara, Lateef Mtima
- New strategies for digital entertainment litigation and cooperation post-SOPA
- DMCA litigation update and best practice strategies
- Federal preemption of claims in digital media, including rights of publicity
- New frontiers in litigation involving the cloud and mobile devices
- Privacy and behavioral advertising litigation
- Litigation trends, circuit splits and issues that both litigators and transactional lawyers need to understand
Ian C. Ballon
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 Film: Key Legal Issues in the Development, Financing, Production & Distribution of Theatrical Motion Pictures
- Hiring a writer: getting a screenplay written
- The structure of the writer’s agreement
- Outside the studio: private and independent financing
- The studio system: how the studios finance films
- Other sources of financing: tax incentives, film funds, foreign sales, etc.
Joseph J. Dapello (Moderator), Emerson E. Bruns
3:15 Networking Break
3:30 Film: Key Legal Issues in the Development, Financing, Production & Distribution of Theatrical Motion Pictures
- The rights and responsibilities of the director and producer
- The performers: money, billing and the perks of employment
- The meaning of pay-or-play
- Creative controls, including final cut
- Key points in the distribution deal
- Backend deals
- The meaning of gross proceeds, adjusted gross, cash breakeven, “true” breakeven and initial breakeven
- Net profits: do they exist?
- New frontiers in distribution: iTunes, Netflix, etc.
Joseph J. Dapello (Moderator), Emerson E. Bruns, Alison S. Cohen
~ Professor of Law and Director, Institute for Intellectual Property and Social Justice, Howard University School of Law
~ President, Ross Yoon Agency; Trister Ross Schadler and Gold, PLLC
~ Senior Vice President, Corporate Director of Business Affairs, Penguin Group (USA)
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
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The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: email@example.com
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