Day 3 - Book Publishing; Current Developments in Entertainment and Sports Litigation; Film
Morning Session: 9:00 a.m. - 12:30 p.m.
9:00 Introduction
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
Entertainment/Internet Law
- 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
12:30 Lunch
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
- Development
- Hiring a writer: getting a screenplay written
- The structure of the writer’s agreement
- Financing
- 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 (Continued)
- Production
- 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
- Distribution
- 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
5:00
Adjourn
Co-Chair(s)
Speaker(s)
Lateef Mtima ~ Professor of Law and Director, Institute for Intellectual Property and Social Justice, Howard University School of Law
Gail Ross ~ President, Ross Yoon Agency; Trister Ross Schadler and Gold, PLLC
John Schline ~ Senior Vice President, Corporate Director of Business Affairs, Penguin Group (USA)
Program Attorney(s)
New York City Seminar Location
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