Counseling Clients in the Entertainment Industry 2010 (COMBO)

Overview

Recently admitted NY attorneys: This program is accredited for transitional CLE credit

Why You Should Attend

Experienced entertainment attorneys and business executives will discuss legal, financial, business, and ethical issues in the practice of entertainment law: Day 1: Overview of Entertainment Law Issues; Television, Video & User-Generated Content; Videogames & Computer Entertainment; Day 2: Sound Recordings; Music Publishing and Day 3: Book Publishing; Union & Guild Issues; Film.
 

Day 1 - Overview of Entertainment Law Issues; Television, Video & User-Generated Content; Videogames & Computer Entertainment

The morning session will address high-level issues in entertainment industry transactions and will cover legal and business issues and emerging trends in the television and video industries, including recent developments involving user-generated content. The afternoon session will provide an overview of key negotiating points in videogame production contracts and videogame content and technology license agreements, and will include a mock negotiation of a videogame development agreement.

COCKTAIL RECEPTION PROVIDED BY SESAC

Day 1 - Evening Session - Building an Entertainment Law Practice; Ethics

The evening session will feature a panel addressing how to develop and grow an entertainment law practice. Thereafter, ethical considerations in the practice of entertainment law will be examined.

Day 2 - Sound Recordings; Music Publishing

The morning will be geared toward a basic understanding of an artist-record company agreement, featuring a mock negotiation as part of the format, and will address current issues and trends in the record industry including digital distribution of sound recordings. The afternoon session will provide a basic understanding of music publishing terms and concepts and will include a mock negotiation of an exclusive songwriter agreement.

Day 3 - Book Publishing; Union & Guild Issues; Film

The morning will provide an overview of book publishing agreements and current developments in the publishing industry. Union and guild issues continue to dominate the headlines of the entertainment industry trade press, and our speakers will explore current high-level issues and what they mean for the future of the industry. The afternoon will provide a basic understanding of motion picture terms and concepts plus advanced film issues involving financing, production and distribution.

At each session of the program there will be ample opportunity to address questions to the faculty.

 

Special Features

• Cocktail Reception Sponsored by SESAC
• Earn One Full Hour of Ethics Credit

Live Webcast

Simultaneous live webcast of the New York session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.

For more information click on the Live Webcast link in the Related Items box.

Special Bonus to all Registrants

All attendees receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment this program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.

Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.

PLI Group Discounts

Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact membership@pli.edu or call (800) 260-4PLI.

PLI Can Arrange Group Viewing to Your Firm

Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.

Cancellations

All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.

Schedule

Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.

DAY 1 - Overview of Entertainment Law Issues; Television, Video & User-Generated Content; Videogames & Computer Entertainment; Building an Entertainment Law Practice; Ethics

Morning Session: 9:00 a.m. - 12:30 p.m.

9:00  Introduction & Overview of Entertainment Law Issues

Kenneth M. Kaufman, Howard Siegel

9:15  Television, Video & User-Generated Content

• Overview of the television and video marketplace
• Acquisition of underlying rights
• Option agreements
• Life story rights
• Structuring the acquisition of rights (licenses, assignments, and works made for hire)
• Production, financing and distribution agreements
• Co-productions and joint ventures
• Cable and pay television productions
• Talent agreements
• Special issues in reality TV productions
• Advertising and product placement
• Music rights for television productions
• Key issues involving user-generated content
• The impact of digital media on traditional business models
• Trends and future outlook

Kenneth M. Kaufman, Lisa A. Williams-Fauntroy

10:45  Networking Break

11:00  Television, Video & User-Generated Content (Continued Session)

Kenneth M. Kaufman, Lisa A. Williams-Fauntroy

12:30  Lunch

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Videogames & Computer Entertainment

• Meet the parties to the deal
• IP interests in a game
• Treatment of third-party content in videogame deals
• Licensing overview in a games industry context
• Hot-button issues in game development contract negotiation
• Mock negotiation of a simple deal

Jim Charne (moderator), Steven A. Bercu, Germaine Gioia, Daniel O’Connell Offner

3:30  Networking Break

3:45  Videogames & ComputerEntertainment (Continued Session)

Jim Charne (moderator), Brandy A. Carrillo, Germaine Gioia, Daniel O’Connell Offner

5:00 - 6:00  Cocktail Reception provided by SESAC

Evening Session:  6:00 p.m. - 8:00 p.m.

6:00  Building an Entertainment Law Practice

• Types of services rendered by entertainment attorneys
• Advice to attorneys and law students who are considering crossing over to entertainment law
• Developing an entertainment practice in challenging economic times
• Fee arrangements
• Interplay between representing entertainment and sports clients
• How to hunt, kill and cook it by yourself - practical advice for the sole practitioner
• Networking, marketing and public relations - a primer
• Running a general versus specialty practice in entertainment law
• Bi-coastal disturbances - considerations for dealing with attorneys from the “other” coast
• Working/joint venturing with more experienced legal counsel on projects

Rosemary Carroll (moderator), Keven J. Davis, Diane F. Krausz

7:00  Ethics

• Recent developments in professional responsibility and discipline, e.g., multijurisdictional and multidisciplinary practice, entity representation, disclosure of client misconduct
• Conflict of interests for entertainment lawyers and waivers
• Practicing law in the electronic age - the interface of ethical rules with new technology, e.g., protecting confidential communications and the Internet, metadata discovery and computer experts
• Fees
• Good practice guidelines - tips for avoiding legal malpractice and discipline

Jack P. Sahl

DAY 2 - Sound Recordings; Music Publishing

Morning Session:  9:00 a.m. - 12:30 p.m.

8:00  Adjourn

9:00  Introduction

Kenneth M. Kaufman, Howard Siegel

9:15  Sound Recordings

• Deal points: Artist-record company agreement
• Discussion of contractual enhancements
• Consideration of leverage factors
• The economic reality
• Record producer-artist agreements
• Negotiation of artist-record company agreement

Julie Swidler, Jeff Walker

10:30  Networking Break

10:45  Sound Recordings (Continued Session)

Julie Swidler, Jeff Walker

12:30  Lunch

Afternoon Session:  1:45 p.m. - 5:00 p.m.

1:45  Music Publishing

• Types of music publishing agreements
• Sources of income
• Negotiation of a songwriter-music publishing agreement
• Role of performing and mechanical rights societies and agencies

Linda A. Newmark, Howard Siegel

3:15  Networking Break

3:30  Music Publishing (Continued Session)

Linda A. Newmark, Howard Siegel

5:00  Adjourn

DAY 3 - Book Publishing; Union & Guild Issues; 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: The Google Books Settlement, on demand and the e-book revolution
• Key deal points in the publishing contract
• The role of lawyers and literary agents
• Mock negotiation of a book deal

Gail Ross, Jennifer Uram

10:45  Networking Break

11:00  Union & Guild Issues - Can’t We All Just Get Along?

• Are the recent Hollywood labor wars over?
• What was accomplished by the WGA strike, the SAG contract impasse and the resulting contracts?
• What issues remain to be resolved?
• Do the Guilds’ internal politics impact the industry?

Alan Brunswick, David P. White

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), Brian L. Burkin, Alison Cohen

3:15  Networking Break

3:30  Film: Key Legal Issues in the Development, Financing, Production & Distribution of Theatrical Motion Pictures (Continued Session)

• Production
  -The rights and responsibilities of the director
  -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 break even and initial break even
  -Net profits: Do they exist?

Joseph J. Dapello (moderator), Brian L. Burkin, Alison Cohen

5:00  Adjourn

Faculty

Co-Chair(s)

Kenneth M. Kaufman, Manatt, Phelps & Phillips, LLP
Howard Siegel, Pryor Cashman LLP

Moderator(s)

Rosemary Carroll, Carroll, Guido & Groffman, LLP
Jim Charne, Law Offices James I Charne
Joseph J. Dapello, Schreck Rose Dapello Adams & Hurwitz LLP

Speaker(s)

Steven A. Bercu, Principal & Founder, Lime, LLC
Alan Brunswick, Manatt, Phelps & Phillips, LLP
Brian L. Burkin, Executive Vice President - Business Affairs and Operations - International Motion Picture Production, Columbia TriStar Motion Picture Group - Sony Pictures Entertainment
Alison Cohen, Head of Business Affairs, FilmNation Entertainment, LLC
Keven J. Davis, Garvey Schubert Barer
Germaine Gioia, Senior Vice President, Licensing and Merchandising, THQ Inc.
Diane F. Krausz, D. Krausz & Associates
Linda A. Newmark, Executive Vice President - Acquisitions & Strategic Projects, Universal Music Publishing Group
Daniel O'Connell Offner, Loeb & Loeb, LLP
Gail Ross, Lichtman, Trister and Ross; The Gail Ross Literary Agency
Jack P. Sahl, Professor of Law and Faculty Director, Miller-Becker Institute for Professional Responsibility - University Of Akron School Of Law
Julie Swidler, Executive Vice President, Business Affairs & General Counsel, Sony Music Entertainment
Jennifer Uram, Director of Contracts, Penguin Group (USA) Inc.
Jeff Walker, Executive Vice President, Business & Legal Affairs, Columbia/Epic Label Group
David P. White, National Executive Director, Screen Actors Guild
Lisa A. Williams-Fauntroy, Senior Vice President Business Affairs and Legal, Discovery Communications, LLC

Program Attorney(s)

Tamara C. Kiwi, Program Attorney, Practising Law Institute

CLE Credit

Travel Information

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

The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.

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: res.ny@warwickhotels.com.