With Michelle Bayer (Shelly Bay Publishing), Michelle Lewis (SONA), Rene Meredith (Exploration Group), and moderator Alexander Baynum (Exploration Group)
June 13, 2023 – GMPS – Exploration: Publishing Copyright In The Next Decade
With the buying, selling and assigning of copyright interests and income streams continuing to accelerate with many new players in the marketplace joining the already “established” players and with the myriad types of different deals and arrangements all of a sudden becoming commonplace, the question remains in all of these deals-what is actually being sold, shared or assigned and how is the final price of any acquisition arrived at.
Any acquisition, whether it’s a 100% or partial sale of current assets or one that combines futures as well or involves only an income interest rather than a copyright transfer, the starting point of every deal is the Due Diligence inquiry, both financial and legal. Due Diligence is the term that describes the procedures and processes that the potential buyer utilizes in its investigation of the assets being acquired.
This panel will discuss the primary aspects of legal and financial due diligence relative to any acquisition including “sustainable income”, past and current royalties and statement analysis, chart activity and non-re-occurring one time income events, CMO payment formulas, chain of title and copyright status inquiries, songwriter agreements, and foreign subpublishing and administration commitments among other areas.
Speakers
• Todd Brabec
Todd Brabec, former ASCAP Executive Vice President and Worldwide Director of Membership, is an Entertainment Law attorney, a Deems Taylor Award winning co-author of the best selling music business book ” Music, Money and Success: the Insid-er’s Guide to Making Money in the Music Business” (8th edition, Schirmer Books/ Wise Music) as well as the “Music Publishing Law” chapter in the 2 volume legal treatise “ The Essential Guide to Entertainment Law-Dealmaking” (Juris Publications/2021)), an Adjunct Professor at USC where he teaches the course on Music Publishing, Music Licensing and Film, Television and Video Game scoring and song contracts and a former Governing Committee member as well as Music and Budget Chair of the Amer-ican Bar Association Forum on the Entertainment and Sports Industries. In addition to the Deems Taylor Award for Excellence in Music Journalism, he is the recipient of the 2005 Educational Leadership Award from the Music & Entertainment Industry Educators Association (MEIEA), the 2015 Texas Star Award from the State Bar of Texas for Outstanding Achievement and Contribution to the field of Entertainment Law and the 2019 California Copyright Conference Apollo Award for Excellence in Leadership and Achievement in the Music Industry and is a graduate of the New York University School of Law. During his 37 year career at ASCAP, he was responsible for all Membership opera-tions, personnel and offices as well as signing many of ASCAP’s most successful songwriters, writer/artists and film, television and video game composers in addition to significantly changing many of ASCAP’s payment, distribution and survey rules includ-ing those that significantly increased the royalties for successful radio songs and film and television theme songs and scores. In addition, he was involved in numerous fed-eral “Rate Court” proceedings as well as Consent Decree reviews. He lectures extensively throughout the world at conferences, universities, bar asso-ciations, law firms and management companies and has appeared on hundreds of panels including PLI, the American Bar Association, the Game Developers Confer-ence, DIMA, the International Association of Entertainment Lawyers (IAEL), Volunteer Lawyers for the Arts, NATPE, Midem, Canadian Music Week, the Association of Inde-pendent Music Publishers (AIMP) as well as many others. He has hundreds of pub-lished articles on all aspects of the business and law of Music and Entertainment. His Mitchell Hamline law review article, “The Performance Right: a World in Transition”, was selected by West/Thomson/Reuters as one of the best Entertainment Law Review articles of 2016. Prior to his Entertainment Law practice, he was a legal services attorney in Chicago for Community Legal Counsel (Office of Economic Opportunity) as well as a recording artist as The Reunion. Website: musicandmoney.com
• Jeff Brabec
Jeff Brabec is Senior Vice President of Business & Legal Affairs for BMG Rights Management (US) LLC (BMG). Brabec specializes in evaluating, analyzing, projecting income and negotiating music publishing catalogue acquisitions. A graduate of New York University School of Law, he has also been a government legal services attorney. Brabec is the co-author with his twin brother Todd of the best-selling book “MUSIC, MONEY, AND SUCCESS: The Insider’s Guide To Making Money In The Music Business” (8th Edition / Schirmer Trade Books/Music Sales). Variety Magazine selected the 8th Edition as one of The Best Music Books of 2019. He is also co-author of the Music Publishing chapter of the 2018 Juris Publications multiple volume treatise “The Essential Guide To Entertainment Law.” He has been awarded the Deems Taylor Award for Excellence in Music Journalism, The Texas Star Award by the Entertainment & Sports Law Section of the State Bar of Texas for Outstanding Contribution and Achievement in the Field of Entertainment Law and the 2019 California Copyright Conference Apollo Award Honoring Leadership and Achievement In the Music Industry. Brabec is an adjunct professor at USC Thornton School of Music/Business Division where he teaches music publishing and licensing. He Is also on the board of the Mechanical Licensing Collective (MLC) which was established by the Music Modernization Act and on the board of the Canadian Publishers Committee (CPC) of SXWorks, LLC .
• Frank Handy
Frank Handy has worked in music publishing for over 18 years. Currently VP, Head of Operations and Administration, Handy oversees operations, copyright, royalties, licensing, distribution teams, finds new revenue streams, and looks after Position Music’s international interests. Handy started working at Position Music in early 2020 and made an immediate impact, giving Position Music the confidence and ability to explore and properly manage larger administrative deals with established artists and bands around the world. Prior to Position Music, Handy was Vice President of Licensing and Copyright at SONGS Music Publishing where he oversaw SONG’s copyright functions, synchronization licensing, mechanical licensing, contract review, sample clearances and YouTube content management. He was also Head of Creator & Publisher Relations at AllTrack Performing Rights and spent five years at Bug Music as Senior Copyright Administrator where he oversaw catalogs for the Johnny Cash estate, Del Shannon estate, Iggy Pop, Wilco, and others. Frank is currently the Vice President for the Los Angeles chapter of the Association of Independent Publishers (AIMP) and has spoken on panels at The Musician’s Institute, The AIMP, and The House of Blues Foundation. A lifelong musician, Handy played guitar in bands for over twenty years and graduated from the Musician’s Institute of Technology guitar program with awards. He currently lives in Los Angeles with his family and enjoys playing golf.
A practical panel addressing everything you need to know about complex clearances, copyright splits, and royalty streams. We’ll also address how companies such as Tracklib and Splice come into play. Join us for a high level conversation with experienced industry professionals.
Panelists:
Deborah Mannis-Gardner, DMG Clearances Inc.
Michael McFadin, Ubiquity Records
Melanie Santa Rosa, Third Side Music
Dean Serwin, Attorney – Serwin Media Group
Moderators:
Abby North (North Music Group) & David Quan (The Greater Goods Co.)
Join us for an enlightening webinar and Q&A discussing music copyright in the age of AI with John Phelan, Director General of the ICMP. In this session we’ll explore topics including Fair Use, Text and Data Mining, and the ongoing fight to protect copyright against unauthorized AI uses.
Please join us as we welcome the Register of Copyrights, Shira Perlmutter, in her first keynote address tor the AIMP on the status of music and copyright. Ms. Perlmutter, and her associates, have agreed to take questions at the end of the presentation if time allows.
Speakers:
• Shira Perlmutter is the Register of Copyrights and Director of the U.S. Copyright Office. She was appointed to the position effective October 25, 2020. Perlmutter leads a workforce of over 400 employees, advises Congress on copyright policy, and directs the administration of important provisions of the United States Copyright Act, Title 17. Prior to her appointment as Register, Perlmutter had served since 2012 as Chief Policy Officer and Director for International Affairs at the United States Patent and Trademark Office (USPTO). In that position, Perlmutter was a policy advisor to the Under Secretary of Commerce for Intellectual Property and oversaw the USPTO’s domestic and international IP policy activities; legislative engagement, through the Office of Governmental Affairs; education and training, through the Global Intellectual Property Academy (GIPA); global advocacy, through the IP Attaché Program; and economic analysis, through the Office of the Chief Economist. Before joining the USPTO, Perlmutter was Executive Vice President for Global Legal Policy at the International Federation of the Phonographic Industry (IFPI). Prior to that, she held the position of Vice President and Associate General Counsel for Intellectual Property Policy at Time Warner. Perlmutter previously worked at the World Intellectual Property Organization (WIPO) in Geneva as a consultant on copyright and electronic commerce. In 1995, she was appointed as the first Associate Register for Policy and International Affairs at the U.S. Copyright Office. She was the copyright consultant to the Clinton Administration’s Advisory Council on the National Information Infrastructure in 1994 and 1995. Perlmutter is a research fellow at the Oxford Intellectual Property Research Centre at Oxford University. From 1990 through 1995, she was a law professor at The Catholic University of America, teaching copyright law, trademark and unfair competition law, and international intellectual property law. Previously, she practiced law in New York City, specializing in copyright and trademark counseling and litigation. She is a co-author of a leading casebook on international intellectual property law and policy and has published numerous articles on copyright issues. Perlmutter received her AB from Harvard University and her JD from the University of Pennsylvania.
• Kevin R. Amer is the Acting General Counsel and Associate Register of Copyrights for the United States Copyright Office. He was appointed to the position effective July 2, 2021. Amer has served as deputy general counsel since 2019. In his position as Acting General Counsel, Amer provides legal guidance to the Office’s divisions, promulgates regulations governing the administration of the copyright system, advises congressional offices and other federal agencies, and develops legal positions in copyright litigation and other matters. Amer joined the Copyright Office in 2013 as counsel in the Office of Policy and International Affairs, and served as senior counsel in that office from 2015 to 2019. Before joining the Office, he spent several years in private practice in Washington, DC, focusing on appellate litigation. Previously, he served as a law clerk to the Hon. Charles R. Wilson of the U.S. Court of Appeals for the Eleventh Circuit. Amer earned his JD from Yale Law School. He earned his AB in history and literature from Harvard University.
• Robert J. Kasunic is Associate Register of Copyrights and director of registration policy and practice for the United States Copyright Office. He was appointed to the position effective April 16, 2013. In his position, Kasunic heads the Office of Registration Policy and Practice, which administers the U.S. copyright registration system and advises the Register of Copyrights on questions of registration policy and related regulations and interpretations of the copyright law. He is a recognized copyright expert and is one of four legal advisors to the Register. Kasunic joined the Copyright Office in 2000 as a senior attorney in the Office of General Counsel and was appointed deputy general counsel in 2010. Prior to arriving at the Office, he worked in private practice on a variety of copyright, trademark, and cyberlaw issues. He has been an adjunct professor of law for over twenty-five years and currently is an adjunct professor at American University’s Washington College of Law and was previously on the adjunct faculty of the Georgetown University Law Center and the University of Baltimore School of Law. Kasunic earned his JD from the University of Baltimore School of Law and his BA in political science from Columbia University.
In this panel we’ll look at the latest on some high profiles copyright infringement cases including Ed Sheeran’s “Shape Of You,” Katy Perry’s “Dark Horse” and Dua Lipa’s “Levitating.” We’ll talk about where this rash of infringement cases has come from. We’ll also discuss the new CASE Act, which is basically a small claims court for copyright infringement and what it means to you. And we’ll tie all this in to issues of social justice; past, present and, hopefully, with some solutions for the future.
Speakers:
• Heather A. Antoine, Esq. is a Partner and Chair of the Firm’s Trademark & Brand Protection practice and Co-Chair of the Privacy & Data Security practice group. Heather’s practice is focused on protecting a company’s intellectual property; a fundamental feature of every business. Her practice includes trademark clearance and selection, domestic and foreign trademark prosecution, enforcement, proceedings before the Trademark Trial and Appeal Board (TTAB), licensing, trade secret protection, copyright, rights of publicity, domain names disputes, and counseling on brand and IP strategy. Heather believes in supporting companies at each stage – from due diligence when choosing a name, to ongoing brand management, to ensuring portfolios are safeguarded and ready for sale. Heather is also focused on guiding businesses through the ever-expanding patchwork of privacy laws, both domestically and internationally. This includes drafting privacy policies, and guidance on how to comply with specific privacy regimes, such as the General Data Protection Regulation (GDPR), the Children’s Online Privacy and Protection Act (COPPA), and the California Consumer Privacy Act (CCPA), and California Privacy Rights Act (CPRA). Heather works with companies to design and strengthen their privacy and data security policies and practices, to help them prevent data security breaches, and to minimize the risk of a data breach. Heather serves as Chair of the California Lawyers Association Intellectual Property Section. Heather frequently speaks and writes about IP, Internet, tech, and privacy issues. She has been quoted in publications such as the Los Angeles Times and CNBC. Heather has been recognized by her peers for excellence in her practice, having been selected by Thomson Reuters as Southern California “Super Lawyer®” and “Rising Star®.”
• Judith Finell is a musicologist and the president of Judith Finell MusicServices Inc., a music consulting firm in New York and Los Angeles, founded 25 years ago in New York. Since then, she has served as consultant and expert witness involving music copyright infringement, advised on artist career and project development, and a wide variety of music industry topics. Recently, Ms. Finell was honored to be the 2018 commencement speaker at UCLA’s Herb Albert School of Music. She was also interviewed by NBC/Universal for a 2018 documentary entitled “The Universality of Music,” in which she discussed the ways in which she sees music as being an international language that can bridge cultural barriers that spoken language does not. Judith was the testifying expert for the Marvin Gaye family in the milestone “Blurred Lines” case in Federal Court. She has testified in many other notable copyright infringement trials over the past 20 years. She and her team of musicologists regularly advise HBO, Lionsgate, Grey Advertising, CBS, Warner, Disney, and Sony Pictures on musical works for their commercials, films, and television series. Ms. Finell also frequently advises attorneys, advertising agencies, entertainment and recording companies, publishing firms, and musicians, addressing copyright issues, including those arising from digital sampling, electronic technology and Internet musical usage. Judith was invited to teach the first course in the country on forensic musicology at UCLA in 2018. She holds an M.A. degree in musicology from the University of California at Berkeley and a B.A. from UCLA in piano performance. She has written numerous articles and a book in the area of contemporary music and copyright infringement and has appeared in trials on Court TV and before the American Intellectual Property Law Association. She is a trustee of the Copyright Society of the U.S.A., and has appeared as a guest lecturer at the law schools of Harvard University, UCLA, Stanford, Columbia, Vanderbilt, George Washington, NYU, and Fordham, as well as the Beverly Hills Bar Assn., LA Copyright Society, and the Association of Independent Music Publishers. She is co-founder and editor of Your Inside Track, a music copyright newsletter.
• Kevin J. Greene joined Southwestern’s faculty in 2020. Professor Greene is a nationally recognized entertainment and intellectual property law scholar and an expert witness consultant for copyright, trademark, publicity rights, and entertainment contract disputes. He is a highly committed, outstanding teacher as well as a passionate leader and an IP law influencer. He teaches Contracts and Copyright Law. Professor Greene was most recently a tenured Professor of Law at Thomas Jefferson School of Law in San Diego. He has also been a visiting professor at the University of San Diego School of Law. In addition to Contracts and Copyright, he has also taught IP, Entertainment Law, Music Law, Publicity Rights, International Entertainment Law, and IP in the Cannabis Industry.
Moderator:
• Eric Polin, Sr. VP, Music Publishing, Universal Pictures & LA Chapter Board Member
Moderator Abby North and panelists John Riley, Damien Riehl, and Crispin Hunt discussed the challenges and opportunities of generative AI technology and provided an overview of the latest developments in the field.
Speakers
• Damien Riehl
Damien Riehl is a lawyer, musician, and technologist with experience in complex litigation, digital forensics, and software development. A coder since 1985 and for the web since 1995, Damien helps lead the design, development, and expansion of Fastcase’s data-science efforts, integrating AI-backed technologies to improve legal workflows and to power legal data analytics. In 2019, Damien gave a TEDx Talk about his All the Music project, which to date has computationally composed over 400,000,000,000 (400B) melodies, has written them to disc (fixed in a tangible medium), and has given the public access through Creative Commons Zero (CC0), which provides rights similar to rights to works in the Public Domain. Damien’s project has contributed to discussions between lawyers, musicians, and industry professionals regarding (1) copyrightability of machine-created works and (2) copyrightability of melodies alone.
• Crispin Hunt
Crispin Hunt is a multi-platinum selling songwriter and record producer. He has written or worked with or for Florence and The Machine, Lana Del Ray, Ellie Goulding, Jake Bugg, Maverick Sabre, Newton Faulkner, Natalie Imbruglia, Bat For Lashes, Razorlight, Estelle, Rod Stewart and many others. He is a global advocate for Creator Rights and is a Director of PRS , former Chair and current board director of The Ivor’s Academy, former PPL Director and FAC CEO. He was lead singer of the 90’s Britpop band Longpigs and worked in the UK House Of Commons as a Parliamentary Researcher and Campaign Coordinator.
• John Riley
John Riley is an Assistant General Counsel at the U.S. Copyright Office where he has contributed to the U.S. Government’s Supreme Court briefs in the Aereo and Petrella cases, district court briefs including in Thaler v. Perlmutter, the Office’s policy reports including Copyright Small Claims, Copyright and the Music Marketplace, and Unclaimed Royalties: Best Practice Recommendations for the Mechanical Licensing Collective, and, among other regulatory work, rules implementing the Music Modernization Act, Copyright Alternative in Small-Claims Enforcement (“CASE”) Act of 2020, and the Group Registration for Works on an Album of Music (“GRAM”) registration option. He also frequently advises Congress on copyright law. Prior to joining the Copyright Office, John worked as the Senior Manager of Intellectual Property Enforcement at the United States Chamber of Commerce’s Global Intellectual Property Center. John earned his LL.M. in Intellectual Property Law from the George Washington University Law School and his JD from the Dickinson School of Law. He holds BA degrees in Political Science, English, and Communication Arts & Sciences from Penn State University. He has been recognized by the American Intellectual Property Law Association for his distinguished service and contributions in the field of intellectual property law.
Moderator
• Abby North
