World of Music, Film, Television and Sports The Palms Hotel & Spa

Transcription

1 6 th Annual From New York to Hollywood to South Beach: International Legal Symposium on the World of Music, Film, Television and Sports April 23 & 24, 2015 The Palms Hotel & Spa 3025 Collins Avenue Miami Beach, Florida

2 Forum Leadership FORUM CHAIR Richard J. Idell The Idell Firm San Francisco, CA FORUM CHAIR-ELECT Janine S. Small Office of Janine Small, PLLC New York, NY REGIONAL CHAIRS Henry Root Lapidus, Root & Sacharow, LLP Santa Monica, CA Kirk Schroder Schroder Fidlow, PLC Richmond, VA IMMEDIATE PAST CHAIR Christine Lepera Mitchell Silberberg & Knupp LLP Santa Monica, CA SYMPOSIUM PLANNING COMMITTEE Margaret R. Marshall Greenberg Traurig, LLP Atlanta, GA Angela N. Martinez AMP Law, PLLC Coral Gables, FL Richard Warren Rappaport The Law Firm, Richard Warren Rappaport, Esq Boca Raton, FL Marc Stollman Stollman Law, PA Boca Raton, FL Richard C. Wolfe Wolfe Law Miami Miami, FL Leslie Jose Zigel ZIGLAW Miami, FL

3 SYMPOSIUM SCHEDULE THURSDAY, APRIL 23, :00 am 5:30 pm Registration 7:00 am 8:00 am Breakfast 8:00 am 9:00 am Ethics in Entertainment Law A Practical Approach to Client Representation Back by popular demand, this panel discusses the rules of professional conduct as applied to all lawyers. However, because of nuances from one practice area to another, the rules may have a disparate impact on entertainment lawyers. For example, what conflicts of interest are impermissible? What constitutes reasonable compensation? What does competency mean, as used in Rule 1.1 of the ABA Model Rules? The panel will address these and other issues such as the overlapping roles of agents, managers and lawyers, the effectiveness and requirements of conflict of interest waivers, the need for engagement agreements that include compensation structures for professional services, multi-jurisdictional practice, and the judicial authority to oversee lawyer behavior and to impose sanctions under rules of professional conduct. The panel will speak to protecting a lawyer s reputation and license by avoiding the big mistakes. The Hon. Peter R. Lopez, Judge, 11th Judicial Circuit of Florida, Miami, FL The Hon. Scott Silverman (ret.), Judicial Arbitration and Mediation Services (JAMS), Miami, FL 9:00 am 10:30 am Copyright and Trademark Litigation This panel will cover current advanced issues in copyright, trademark and entertainment law, discussing topics including infringement, remedies, calculating and proving damages, defenses and trial strategies. Each panelist will take a different perspective based on their experience as trial lawyers and in preserving issues for appeal. Richard Wolfe, Esq.,WolfeLaw Miami, Miami, FL Serona Elton, Frost School of Music, the University of Miami, Coral Gables, FL Ava K. Doppelt, Esq., Allen, Dyer, Doppelt, Milbrath & Gilchrist, PA, Orlando, FL Paul V. LiCalsi, Esq., Robins Kaplan LLP, New York, NY Tim Warnock, Esq., Riley, Warnock & Jacobson, Nashville, TN 10:30 am 10:45 am Break

4 10:45 am 12:15 pm Working with Creatives Representing creative clients presents challenges for attorneys: clients insulated by agents, family members and entourages, translation nuances and the increasing complexity of intellectual property rights, licensing and distribution deals all contribute to a need for lawyer finesse. This expert panel will explore the ethical and legal imperatives in representing creative artists in the areas of Literature, Theater, Art & Design, Film, Music, Technology and New Media. Marsha Brooks, Esq., Brooks and Distler, New York, NY Alexandra Darraby, Esq., Principal, The Art Law Firm, Los Angeles, CA LeAnn Shelton, Esq. AIA, General Counsel, Rockwell Group, New York, NY Andrew G. Tavel, Esq., Tavel & Shulman, PC, New York, NY 12:15 pm 12:45 pm Lunch 12:45 pm 1:15 pm Lessons Learned for Changing Times- a Perspective on Music Los Angeles based entertainment attorneys Todd and Jeff Brabec will discuss their many years of experience with music licensing deals, contracts and compensation, and how times, technology and new media have changed the name of the game. Todd Brabec, former ASCAP Executive Vice President, is an Adjunct Professor at USC as well as a Forum Governing Committee member. Jeff Brabec, Vice President of Business Affairs at BMG Chrysalis is an Adjunct Professor at USC. The Brabecs are Deems Taylor Award winning authors of Music Money and Success: The Insider s Guide to Making Money in the Music Business (7th edition). 1:15 pm 2:45 pm Issues and Case Law Updates in Entertainment Litigation This panel will cover current advanced issues and case law updates in entertainment litigation on the trial and appellate levels. Richard Wolfe, Esq., WolfeLaw Miami, Miami, FL Brian Caplan, Esq., Reitler Kailas & Rosenblatt LLC, New York, NY David M. Given, Esq., Phillips, Erlewine, Given & Carlin LLP, San Francisco, CA Julia D. Greer, Esq., Coblentz, Patch, Duffy & Bass, LLP, San Francisco, CA Christine Lepera, Esq., Mitchell Silberberg & Knupp LLP, New York, NY Kenneth D. Freundlich, Esq., Freundlich Law, Beverly Hills, CA

5 2:45 pm 3:00 pm Break 3:00 pm 4:15 pm International Music Licensing and Compliance: Update and Trends This panel will explore the current status of music rights licensing from the perspective of owners of both musical compositions and sound recordings from a domestic and international view, with emphasis on how the US music licensing procedures differ from the UK and Europe (ASCAP and BMI Rate Court decisions, new CRB mechanical royalty rates and configurations, etc.), a general update on performing rights organization withdrawals/consent decree modernization and Aereo appeal issues, a discussion of how the market could be made to work more efficiently, an overview of the sandbox approach (EchoNest with EMI, Music Startup Network), an explanation of the current status of collective licensing (ICE and other European Societies licensing rights together), an analysis of compulsory licensing (DMCA and how that encourages the marketplace), BMI s Pandora case (and the ASCAP decision if it is out), the recently introduced Songwriter Equity Act, an examination of foreign country online rates and formulas, and developments in performance monitoring and copyright administration. Moderator and Panelist: Henry Root, Esq., Partner, Lapidus, Root & Sacharow, LLP, Santa Monica, CA Jeff Brabec, Esq., Vice President, Business Affairs, BMG Chrysalis, Co-Author, Music, Money and Success, Beverly Hills, CA Todd Brabec, Esq., Former ASCAP Executive Vice President/Co-Author of Music, Money and Success, Los Angeles, CA Doug Colton, President, Colton Entertainment Group, Nashville, TN Joseph J. DiMona, Esq., Vice President, Legal Affairs, BMI, New York, NY Cynthia Sanchez Barrera, Esq., Legal Deputy Director, Mexican National Copyright Office, Mexico City, Mexico 4:15 pm 5:30 pm Preserving Confidentiality and Protecting Wealth for the High-Profile Sports and Entertainment Client This year s panel will focus on preserving and protecting assets of the successful entertainment and sports client. Social media makes it virtually impossible for the high profile athlete or entertainer to enjoy his privacy. However, with proper planning, these unique clients can protect their assets from unnecessary and unwelcome public disclosure and, more importantly, from the claims of their creditors. The panel will discuss various planning techniques and strategies, including the interrelationship of business entities and trusts, both domestic and international, that a celebrity client may implement in order to achieve a comprehensive tax and financial plan. Jerome Wolf, Esq., Duane Morris, LLP, Boca Raton, FL Mark Ciccarelli, Portfolio Manager and Financial Advisor, The C2G Group, Morgan Stanley Wealth Management, Paramus, NJ Bradford Cohen, Esq., Venable LLP, Los Angeles, CA Stephen Erwin, Esq., Private Wealth Manager, Chief Compliance Officer, General Counsel Aveo Capital Partners, LLC, Denver, CO Barry Nelson, Esq., Nelson and Nelson, Aventura, FL

6 5:30 pm 6:30 pm THE LATIN MUSIC INDUSTRY VS. THE MUSIC INDUSTRY. NO, IT IS NOT THE SAME THING! Everyone has a view of today s music industry, but do these views also apply to the Latin music industry? Come and hear for yourself as our group of legal and business experts discuss what new and creative branding trends are being used to ensure successful licensing of Latin music and Latin artists in film and tv commercials; what is going on legislatively at home in D.C. (e.g., Free Market Royalty Act, Respecting Senior Performers as Essential Cultural Treasures Act or RESPECT Act) and abroad in Geneva (e.g., WIPO s Beijing Treaty on Audiovisual Performances ); recent developments in Latin America and the Caribbean regarding the digital music marketplace; and other relevant legal and business considerations when dealing with Latin artists and the Latin music industry. Cynthia Sanchez Barrera, Esq., Legal Deputy Director, Mexican National Copyright Office, Mexico City, Mexico Jessie M. Abad, Esq., Law Offices of Jessie M. Abad, Miami, FL Mary E. Nunez, Director of Music Licensing, Sony Music Entertainment - U.S. Latin, Coconut Grove, Florida Juan Luis Marturet, Regional Director of Legal and Business Affairs, IFPI Latin America & Caribbean, Doral, FL Raquel Sofia, Sony Music Entertainment Latin, Miami, FL 6:30 pm 8:00 pm Reception Please join your colleagues and meet new friends at the annual reception on the Veranda. FRIDAY, APRIL 24, :00 am 5:30 pm Registration 7:00 am 8:00 am Breakfast 8:00 am 9:00 am Attorneys Acting as Sports Agents: The Issues Lawyers Confront When Serving in Agent Capacity This panel will examine the difference between attorney-agents and non-attorney agents, focusing on the requirements for certification in the various states and players associations and the more stringent standards that attorney/agents must comply with as opposed to their non-attorney colleagues. Moderator and Panelist: Alan K. Fertel, Esq., Weiss Serota Helfman Cole & Bierman PL, Coral Gables, FL Allen Furst, Agency 21 Consulting, Miami, FL Alicia Jessop, Associate Professor, Director of Media Relations and Sports Reporter, University of Miami, Coral Gables, FL Scott Shapiro, Esq., Praver Shapiro Sports Management, Miami, FL

7 9:00 am 10:30 am The Fundamentals of Advising your Client in the Literary World This panel will cover the legal and business aspects of literary publishing, including development, distribution and intellectual property issues in the new world of digital content. Discussions will include representation of both the network and talent. Kirk Schroder, Esq., Schroder Fidlow, PLC, Richmond, VA John J. Cummins, Esq., Cummins & Associates, Ltd., Chicago, IL Samira Knight, Esq., Tarkanian & Knight Law Group, Las Vegas, NV 10:30 am 10:45 am Break 10:45 am 12:00 pm Stories from the Red Carpet: The Final Cut on Screen! Sex and Violence on Music, Film. Television and the Internet This panel will discuss the history of, and current issues in sex and violence in motion pictures, television, music, video games and digital and social media, including the app market and on phones and tablets. The panel will review the regulatory, contracting and distribution environment in the US, UK and other countries, the preservation of the creative and editorial intent of directors and producers in the industry and the recognition of popular preferences by the audience, as media properties are increasingly exploited globally. Richard Warren Rappaport, Esq., The Law Firm, Richard Warren Rappaport, Esq., Boca Raton, FL Peter Dekom, Esq., Peter Dekom, A Law Corporation, Los Angeles, CA Emily P. Graham, Esq., Law Offices, Emily Patricia Graham, Miami Beach and Clearwater, FL Paul Levine, Esq., Novelist and Trial Lawyer, Coconut Grove, FL David E. Fink, Esq., Kelley Drye & Warren LLP, Los Angeles, CA Leslie José Zigel, Esq., Ziglaw, Miami, FL Brittany Rawlings, Esq., Law Offices of Brittany Rawlings PA, New York, NY and Miami, FL 12:00 pm 12:30 pm Lunch (box lunches will be served)

8 12:30 pm 1:00 pm Television (Whatever that is!) Implosion or Explosion Entertainment attorney Peter Dekom will weigh in on the profound regulatory, legal, social and economic transitions in the digital/telecasting world: What it means for consumers, program suppliers and those who can pull off mega-merger-mania. 1:00 pm 2:00 pm IMMIGRATION, DIVORCE AND CRIMINAL LAW ISSUES FOR ENTERTAINERS AND ATHLETES This panel will focus on the legal aspects of issues for entertainers and athletes in immigration, divorce and criminal law, including substantive and procedural issues in these areas and alternative dispute resolution in prospective settlement. Darryl Cohen, Esq., Cohen, Cooper, Estep & Allen, Atlanta, GA Renata Calderaro, Esq., Calderaro Tyrrell Law Group, Ft. Lauderdale, FL Sylvia A. Krainin, Esq., Quintairos, Prieto, Wood & Boyer, P.A., Miami, FL Joel Tabas, Esq., Tabas Freedman, Miami, FL Michael Grieco, Esq., The Grieco Criminal law Center, Miami Beach, FL 2:00 pm 3:00 pm Current Trends in 2015 on Constitutional, Intellectual Property and Collection and Use of Data Issues in Entertainment, as well as Reality Television Deals and Litigation over Minors Rights to Disavow Contracts This panel will discuss various constitutional issues, intellectual property issues and collection and use of data issues in entertainment and the arts, and reality TV deals and litigation over minors rights to disavow contracts. The discussion will include comments and suggestions by the panelists on ways in which to advise clients on the avoidance of litigation and to deal with litigation if it is unavoidable. Harvey W. Gurland, Jr., Esq., Duane Morris LLP, Miami, FL John Bradley, Esq., Bradley Law Group, Ft. Lauderdale, FL Kim Kolback, Esq., Law Offices, Kimberly Kolback, Miami, FL Saura J. Sahu, Esq., Miller, Canfield, Paddock and Stone PLC, Detroit, MI Charlotte Towne, Esq., Charlotte Towne, PA, Dania Beach, FL

9 3:00 pm - 3:15 pm BREAK 3:15 pm 4:45 pm Success Stories in the Music Industry: All in the industry isn t dead if it ain t broke don t fix it. (including coverage of music festivals) This panel will discuss topical business and legal issues inherent in the music industry. Marc Stollman, Esq., Stollman Law PA, Boca Raton, FL Scott Chitoff, Esq., Chief Legal Counsel, Zumba Fitness, Hallandale, FL J. Reid Hunter, Esq., Serling, Rooks, Ferrara, Mckoy & Worob LLP, New York, NY James Sammataro, Esq., Stroock & Stroock & Lavan LLP, Miami, FL Michael Olsen, President, eone Music, Nashville, TN Janine Small, Esq., Law Offices, Janine Small, New York, NY 4:45 pm 6:15 pm BALANCING YOUR LEGAL AND BUSINESS AFFAIRS IN THE DIGITAL WORLD. This panel will discuss balancing your legal and business affairs in the Digital World. With the speed of technology, lawyers in entertainment often have to be a step ahead of the law and regulation in setting sound business and legal precedents. What do they take in consideration? Who has the leverage? Does everything ultimately self-regulate over time? Discussion will include coverage of social media, apps, MCNs, content ID and music. Moderator and Panelist: Angie Martinez, AMP Law, PLLC, Coral Gables, FL Ely Juarez, Business Development Counsel, San Francisco, CA Vinny Kumar, Partner, Keniley Kumar LLC, Atlanta, GA David Rosenberg, Music Business Development Manager, Google Play, San Francisco, CA

10 SYMPOSIUM INFORMATION Location Information: The symposium will be held at The Palms Hotel & Spa, 3025 Collins Avenue, Miami Beach, Florida 33140, Phone: , or , HOTEL RESERVATIONS: Please contact The Palms Hotel at or ABA room rate is $259 for a single/double room, with tax of 13% and a resort fee of $19. A block of rooms have been reserved for symposium attendees. Please reference the ABA Forum on the Entertainment & Sports Industries Symposium when making your reservation. Room reservation deadline to receive the group rate of $259 is MONDAY, MARCH 23, After this date, the ABA cannot guarantee rooms or availability and the hotel will assign rooms on a space available basis. Rooms shall be available for check-in no later than 4:00 pm with a check-out time of 11:00 am. AIR TRAVEL: Discounted airfares are available from ABA Orbitz for Business including ABA negotiated discounts on American, United and Virgin America Airlines. To book online, go to travel > click on the Orbitz for Business logo at the top of the page > sign in if you already have a travel account or request a travel profile. For assistance with online or offline reservations using the ABA Orbitz for Business website, call toll-free REGISTRATION AND DEADLINE: To register, please submit your completed registration form and payment to: American Bar Association; Attn: Service Center Meeting/Event Registration, 321 North Clark Street, Fl. 16; Chicago, IL You can also register by faxing your completed form to or register online at ambar. org/entertainment_sports. If you do not receive a written confirmation within ten days of registration, please call to verify that your registration form and payment were received. In order to be included in the advanced list of conference attendees, you must register by April 10, ON-SITE REGISTRATION: On-site registration is available for those individuals who miss the registration deadline. If you plan to register at the door, please call at least 72 hours before the conference to confirm that space is still available. Failure to call in advance may preclude admission to a sold-out program. REGISTRATION FEE: Your registration fee includes admission to the symposium, continental breakfasts, coffee breaks, Lunchs, reception, and online access to the symposium materials. ON-LINE EVENT REGISTRATION RELEASE: In the interest of furthering the ABA s creation, promotion and distribution of educational/informational materials (both now and in the future), I understand and agree that my registration and attendance at, or participation in, ABA meetings, programs and events ( Events ) constitutes an agreement by me to grant to ABA the right to record my image, photograph, picture, likeness, and voice by any technology or means. I also grant ABA the right to copy, use, perform, display and distribute such recordings of me for any legitimate purpose, including but not limited to distribution by means of streaming or other technologies via the Internet, or distribution of audio or video files for download by the public. I hereby waive any right to inspect, approve, or be compensated for use of any materials incorporating such images obtained during the Events. I release ABA and its agents, representatives and licensees from all liabilities arising out of any use of my likeness and information as provided above. I understand and agree that any and all negatives, digital images, and recordings of my likeness, regardless of form, are and shall remain property of the ABA. CLE: The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not

11 approve a program for credit before the program occurs. This course is expected to qualify for CLE credit hours (including 1.0 ethics hours) in 60-minute states, and credit hours (including 1.2 ethics hours) in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit americanbar.org/cle/mandatory_cle.html or contact Katherine Koszyk at katherine.koszyk@americanbar.org, telephone FINANCIAL AID POLICY: The Forum offers a limited number of scholarships (registration fee waiver), to attend this symposium. To apply for a scholarship, please send an to Forum Director Yolanda Muhammad, yolanda.muhammad@americanbar.org, explaining your interest in entertainment and sports law and your interest in attending the conference. The deadline to request a scholarship is April 1, CANCELLATION POLICY: Registrants who are unable to attend the conference will receive a refund of registration fee less a $50 administrative fee if written cancellation is received by April 10, Cancellations must be sent by to katherine.koszyk@ americanbar.org. No refunds will be granted after April 10, We allow substitutions in lieu of a refund. The ABA reserves the right to cancel or alter any programs and assumes no responsibility for personal expenses. PARKING: The hotel provides discounted parking stickers during the conference dates. Parking rate is $20 for event dates with no in and out privileges. ABA FORUM MEMBERSHIP: To encourage a registrant to join the ABA Forum on the Entertainment and Sports Industries, the reduced member s tuition rate is being extended to registrants who join the Forum when they register for the conference. Forum membership dues are $50 for lawyers and associates and $20 for law students. Membership in the ABA is a prerequisite to Forum membership. PRIVACY NOTICE: Registration for attendance at, or participation in the Forum conferences and other associated activities constitutes an agreement by the registrant to permit the American Bar Association to use and distribute (both now and in the future) the registrant or participant s image or voice in photographs, videotapes, electronic reproductions, and audiotapes of such event and activities. COPYRIGHT NOTICE: The material contained in this American Bar Association listing is protected by copyright and is solely intended for the individual and private use of ABA members in a manner that is consistent with the ABA mission, goals and activities. All other use is strictly prohibited without prior written authorization from the ABA. Prohibited use includes but is not limited to the copying, renting, leasing, selling, distributing, transmitting or transfer of all of any portions of the materials, or use for any other commercial and/ or solicitation purposes of any type, or in connection with any action taken that violates the ABA s copyright. The material is not to be used for any mass communications, and may be used only for one-to-one member communication. For information concerning appropriate use of the material, contact the ABA Service Center at AMERICANS WITH DISABILITIES ACT: If special arrangements are required for disabled individuals to attend this conference, please contact via , by April 1, 2015, Anna Borowiec at anna.borowiec@americanbar.org, telephone or Katherine Koszyk at katherine.koszyk@americanbar. org, telephone QUESTIONS: If you have any questions or require additional symposium information, please contact Katherine Koszyk at katherine.koszyk@americanbar.org, telephone

12 The Forum on the Entertainment and Sports Industries would like to thank the following Symposium sponsors: Platinum Sponsors Stroock, Tavel & Shulman PC Gold Speaker Sponsors FREUNDLICH LAW Business & Entertainment Litigation Lapidus, Root, Franklin & Sacharow, LLP Attorneys At Law Gold Sponsors

13 REGISTRATION FORM Sixth Annual International Legal Symposium April 23-24, 2015, Miami Beach, FL Three Ways to Register BY FAX Fax completed registration form with credit card payment only to: BY MAIL Send completed registration form with payment to: ATTN: Service Center - Meeting/Event Registrations 321 N. Clark St., FL, 16 Chicago, IL BY INTERNET Register online at ambar.org/miami. Last Name First Name Name as will appear on badge Firm/Company/Agency Address City, State, Zip, Country Phone/Fax/ (Please provide your for confirmation) Are you licensed to practice in New York? Yes No Program and Forum Membership Fees $350 Forum Member $400 ABA Member $475 Non-ABA Member $275 Non-Attorney Industry Professionals $150 Law Students Amount Due: $ $50 Membership Fee/$20 for Law Students). (Please enroll me as a member of the Forum on the Entertainment and Sports Industries. I am a current ABA member.) GRAND TOTAL PAYMENT: Method of Payment (write in black ink only) Check enclosed: Make payable to the ABA Forum on the Entertainment and Sports Industries Credit Card: MasterCard l Visa l American Express Card Number Exp. Date Cardholder s Name (print) Signature Special Dietary Needs: Questions? Please call SAVE THE DATE! Forum Annual Meeting October 8-10, 2015 The Grand Hyatt Washington, D.C. Washington, D.C