10/29/2005

Presented by: Intellectual Property & Entertainment Law Section (IPEL)

Co-Sponsored By: Southwestern University School of Law's Donald E. Biederman National Entertainment and Media Law Institute

Program Information:
Keynote: Les Bider, Immediate Former Chairman and CEO of Warner/Chappell Music, Inc.

Confirmed Speakers:
· Robert E. Allen, Esq., Vice President of Business Affairs, Universal Music Publishing Group
· David A. Basskin, Esq., President, Canadian Musical Reproduction Rights Agency Ltd.
· Keith Bernstein, CEO & President, Royalty Review Council
· Evan Cohen, Esq., Partner, Cohen & Cohen
· Jay Cooper, Esq., Partner, Greenberg & Traurig LLP
· Gary A. Greenberg, Esq., Law Offices of Gary Greenberg
· Susan Hilderley, Esq., Business and Legal Affairs, Interscope/Geffen/A&M Records
· Jonathan E. Kehl, VP of Business Development, peermusic
· Larry Kenswil, Esq., President, eLabs, Universal Music Group
· Chris Marlowe, Editorial Director, Digital Media, The Hollywood Reporter
· Evan Medow, CEO, Windswept Publishing
· Don Passman, Esq., Partner, Gang, Tyre, Ramer and Brown
· Matt Railo, Esq., Senior Counsel, iTunes Music and New Media
· Stanley H. Schneider, Esq., Senior Vice President & General Counsel, eMusic.com, Inc. and The Orchard
· Joanne J. Terrell, Esq., Cohen and Cohen
· Raphael E. Tisdale, Esq., Law Office of Raphael Tisdale

Welcome & Introduction (8:15-8:30 a.m.)

Panel I (8:30-9:45 a.m.)
Artist/Publishing Deals
Change has rocked the music business over the past six years. While piracy litigation has been the industry’s most publicized response, record labels, publishers, artists and their managers have also responded by changing the way they do business. The panel will discuss how Artist Deals have evolved over the years, including changes in what used to be standard contractual terms including work-for-hire definitions, advances, royalty rate structures and royalty caps. It’s no surprise that the digital world has changed the way deals are structured to encompass new revenue streams from newly developed digital media including website ownership to digital download revenue sharing, as well as the traditional ancillary markets such as merchandizing and touring income. All of these changes create new challenges for artists, their representatives, labels and publishers in negotiating the talent deals for the 21st century.

Panel II (10:00-11:15 a.m.)
Royalties, Rights and Remuneration
Collecting music royalties used to be a rather straightforward affair – mechanical royalties, performance royalties and artist royalties. That was then. Amid a burgeoning internet economy, downsizing and consolidation, the increased complexity of where the money comes from and where it is going impacts recording artists, music publishers and record labels alike. From the skyrocketing rate of publisher audits in the past two years to how developing technologies make the job of splitting the pie more difficult, the rather simple approach to music industry accounting has gotten complicated. What deal points are becoming more common and contentious in the current environment? In a global economy, why are collection rates so disparate between American and foreign licensors? Are ringtones, mastertones and their progeny the saving grace for the music industry?

Panel III (11:30 a.m.-12:45 p.m.)
Future of Digital Distribution
In 1999, the music industry’s battle with Napster signaled the arrival of the digital age of music. Six years later, there can be no denying that digital rights have become a critical component of the music industry. No longer the province of music pirates and hackers, services such as iTunes, Harmony, and Napster have proven that digital and online distribution not only is here to stay, but may soon become the dominant means of music distribution. In the meantime, new avenues for the exploitation of digital media continue to emerge, such as video games, high-definition media and pod-casting. As iTunes reaches its 200 millionth download, what does the future have in store? How is the music industry coping with the transition to digital rights? How are digital deals struck, and who are the new key players in the digital distribution game? How are these deals structured? What challenges and opportunities lie ahead for musicians, record companies, publishing companies, and online distributors?

Lunch (1:00-2:00 p.m.)
Keynote Speaker
Les Bider, Immediate Former Chairman and CEO of Warner/Chappell Music, Inc.