Fourth Annual Entertainment Law Symposium

10/20/2011

Lommen Abdo's Entertainment Department presents the Fourth Annual Entertainment Law Symposium on Friday, November 4, 2011.  The CLE will take place on the 50th floor of the IDS Center in Minneapolis.  This Fourth Annual Symposium has been designed for attorneys and industry professionals who want to know more about substantive legal and business issues addressed in the practice of entertainment and sports law.

The Symposium fee is $125.  6.5 Minnesota CLE credits approved; 7.0 Wisconsin CLE credits approved.  The fee includes the CLE, lunch and SXSW® Mixer.

The schedule and presenter bios are located below. Click on this link to register for the event. For more information, contact Brad Wicklund at 612-336-9325 or brad@lommen.com.



Presented by

Media Sponsor
Minnesota Lawyer   Finance & Commerce 

Presented with support from 
     McNally Smith  
SoundExchange The Recording Academy/Grammys on the Hill Paradigm Reporting  EideBailly


Ken Abdo, Symposium Chair
Margie Bodas and Theresa Abdo Whelan, Program Coordinators


SCHEDULE

All speakers are Lommen Abdo attorneys except as otherwise designated.

8:15 a.m. Registration
 
8:55 a.m. Welcome 
 
9:00 to 10:00 a.m.

 
DIY: Doing It Yourself Through Artist, Athlete and Celebrity Owned Entertainment Companies
As commercial opportunities to work with established institutions diminish and become more competitive, many recording artists, celebrities, sports figures and other creative individuals are choosing to develop and exploit their talents through their own business entities. The business models of such entities sometimes reflect the patterns of their larger competitors, but also the personalities of the individuals who run them and the entrepreneurial spirit they bring to the table. The variety and vagaries of such models will be explored and discussed.

Presenters: 
Ken Abdo; Paul Bezilla; Lee Hutton; and Dan Young
 
10:00 a.m. Break
 
10:15 to 11:15 a.m. Stay Off My A$$ets: Celebrity Rights and Brand Protection
In addition to the distinctive talent and content that forms the base of client commerce, other assets arising from name, likeness and celebrity rights are the source of additional commercial exploitation opportunities and require vigilant protection. Celebrity branding, rights of publicity, rights of privacy, controlling and enforcing cyber-rights and image protection in general is becoming as important as the artist's or athlete's base talent. This panel will provide insight and direction as to what assets may be developed and how to best protect them.

Presenters: Tim Matson; Lee Hutton; and Bryan Feldhaus
 
11:15 a.m.
 
Break
 
11:30 a.m. to 12:30 p.m. DC/AC: Policy Power Plays in Washington That Impact the Entertainment Industries: Copyright Termination Rights, Performance Rights Act, Protect IP Act, and Others
Entertainment business and legal rights frequently fall under the control of Congress. Congress will act when all stakeholders are in agreement and legislate an agreed upon solution. Sometimes legislation reflects areas of agreement with areas intentionally left vague to be resolved over time by Courts or business practice. Congress is less likely to act where competing and powerful stakeholders cannot agree upon a solution. Copyright Termination Rights, the status of the Performance Rights campaign, the Protect IP Act, other initiatives and their likely outcomes will be analyzed.

Presenters: Daryl Friedman, The Recording Academy/GRAMMYs On The Hill; John Simson; Bob Donnelly; Ken Abdo

12:30 to 1:30 p.m. Funkylunch (Lunch is included in program cost.)
Few hit songs remain as ubiquitous and evergreen as FUNKYTOWN. From defining the end of the golden age of disco music, to constant world-wide radio broadcasts, endless uses in movies and commercials, the composition and recording remains productive and fresh. The song is also at the vanguard of a major Copyright Act issue as its termination of transfer notice was the first on file with the U.S. Copyright office. Regarding music, business, contracts, and rare stories, Steven will talk about it, talk about it, talk about it, talk about it…

Presenters: Steven Greenberg, Writer, Producer, Performer and Creative Business Entrepreneur; Ken Abdo
 
1:30 to 2:30 p.m. So Sue Me… or Not: Lessons Learned From Litigation, Arbitration and Mediation
Hindsight is 20/20 and no one knows this better than litigators as they review what went wrong with a promising transaction that ended up in mediation, arbitration or litigation. These experiences are the basis of advice intended to prevent a reprise of these problems by identifying how to better document transactions in order to help avert a good deal from going bad. 

Presenters: Tim Matson; Barry O'Neil; Bob Donnelly 

2:30 p.m. Break 
 
2:45 to 3:45 p.m. Clear Out! Music Licensing for Movies, TV, Games, Commercials, Apps, Etc.
Licensing of music content continues to grow as an extremely important source of revenue for the licensor and the licensee across many entertainment media and platforms. These music licensing rights will be explored and discussed.

Presenters: Paul Bezilla; Christie Rothenberg Healey; John Simson 

3:45 p.m. Break 
 
4:00 to 5:00 p.m. Head in the Cloud: What Are the Promising New Digital Distributions and New Music Business Models?
The model of purchasing music and products (including digital downloads) to own them is quickly evaporating into the cloud as music (and other entertainment products) are simply used by customers and accessed on demand through various new subscription services, cloud sourcing, and other methods TBD. The old record business has definitely lost its groove. The “new” music business will serve as a precedent for other media such as movies and literary publishing. The law continues to chase a myriad of new technology driven options. 

Presenters: Ken Abdo; Paul Bezilla; Bob Donnelly; John Simson

5:00 to 7:00 p.m.
Mixer with SXSW® follows Symposium
Following the Symposium, a reception will be held in cooperation with
South by Southwest: Music+Film+Interactive. 
 
 


 
PRESENTER BIOS

KEN ABDO
Ken Abdo
Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-9316
www.lommen.com  
Ken Abdo has practiced entertainment law for over 25 years. The firm’s clients have included multiple Grammy award recipients, gold and platinum recording artists as well as Oscar, Emmy, Peabody and Spirit award winners. Ken is a voting member of The Recording Academy; a current member of the Recording Academy Chicago Chapter Board of Governors: the past National Chair of The Grammy Foundation Entertainment Law Initiative: the past National Chair of the American Bar Association’s Forum on the Entertainment and Sports Industries; a former Adjunct Professor of Entertainment Law at William Mitchell College of Law, St. Paul; and is a contributing author to the law school textbook, “Law & Business of the Entertainment Industries” (Biederman, et al.).
PAUL BEZILLA

Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-9344
www.lommen.com
Paul Bezilla has been practicing entertainment law for over 25 years and has extensive experience in all segments of the practice. During his career, he has provided legal services for individuals and companies such as Frank Sinatra, Cher, Quincy Jones, Warner Bros. Records, The Walt Disney Company and PolyGram Music Publishing. His practice encompasses music, film, television, intellectual property and technology.

Paul has been a featured speaker at numerous entertainment industry seminars presented by the American Bar Association, the Los Angeles County Bar Association, the California Copyright Conference, the Minnesota State Bar Association and South By Southwest. He has frequently lectured on entertainment law topics in the Music Department of the University of Southern California and taught courses in music business law for the Graduate Film Composing Program at USC.  
BOB DONNELLY
Bob Donnelly
Lommen Abdo Law Firm
New York, New York
212-683-8775
www.lommen.com 
Bob Donnelly has been a full-time music lawyer for 35 years.  He has represented artists or managers of artists who have sold three hundred million albums.  His clients include several members of the Rock and Roll Hall of Fame and the Jazz Hall of Fame. Former New York Attorney General Eliot Spitzer gave Donnelly much of the credit for settling a case with the major record labels resulting in a payment to artists of $55 million dollars in back-due royalties. Bob Donnelly is a frequent contributor to Billboard Magazine and other legal and music industry trade journals. He is also a full-time music geek.  He has been awarded 40 platinum record plaques and was recently selected for inclusion in 2011 New York Super Lawyers and as one of the 100 most distinguished lawyers in the U.S. of Irish-American descent.
BRYAN FELDHAUS
Bryan Feldhaus www.lommen.com
Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-9389
www.lommen.com  
Bryan Feldhaus is a fifth-year associate at the Lommen Abdo law firm. He represents clients in a wide variety of civil litigation, including business disputes, shareholder and partnership litigation, creditor's remedies, securities fraud and intellectual property litigation. Mr. Feldhaus also practices in the areas of legal malpractice defense and entertainment litigation. Mr. Feldhaus was included in the list of Up & Coming Attorneys in 2011 and also listed as a 2011 Minnesota Rising Star.

 
DARYL FRIEDMAN
Daryl Friedman
The Recording Academy
Washington, DC
202-662-1285
http://www.grammy.org/recording-academy/advocacy
Daryl Friedman is Chief Advocacy & Industry Relations Officer for The Recording Academy (The GRAMMY organization). Called “the D.C. chief for music’s creative community” by Daily Variety, Friedman serves as the Washington representative for the 20,000 members of The Academy and as the liaison to relevant music industry organizations. Friedman joined The Academy in 1997 and established the organization's Washington office. He initiated and oversees the Academy’s "GRAMMYs on the Hill" initiatives, which include a number of programs to advance the rights of the music community through advocacy, education and dialogue. He speaks on numerous music policy panels each year and has been quoted in media such as The New York Times, Business Week, BBC World News, Variety, Billboard and The Washington Post.  Friedman received his M.A. in Arts Management from the American University in Washington, D.C., and his B.A. in Economics from the University of California (Santa Cruz).
STEVEN GREENBERG

Writer, Producer,
Performer and
Creative Business
Entrepreneur
Steven Greenberg is best known for penning the international pop hit “Funkytown” (1979) under the moniker Lipps, Inc. But he also is a successful businessman, turning creativity and entrepreneurship into a lifetime career in the entertainment, graphic and web design and real estate industries. From the success of his chart-topping “One Hit Wonder,” Greenberg went on to produce three more Lipps, Inc. albums and a host of records for Twin Cities’ bands, including one of Minneapolis’ best rock bands, the Suburbs (Music for Boys, Dream Hog and Love is the Law). Greenberg owned and operated October Records, recording widely acclaimed albums for The Honeydogs, Willie Wisely, The Delilahs and others. He established Designstein, an Interactive Ad Agency specializing in building web sites, and Drummer Boy Pictures, an independent film production company, to write, direct and produce Funkytown: The Movie. Today, Greenberg manages a portfolio of creative and business entities while writing a Broadway musical.
CHRISTIE ROTHENBERG HEALEY
Christie Rothenberg Healey
Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-1269
www.lommen.com 
Christie Rothenberg Healey joined Lommen Abdo in January of 2006 after spending ten years as an independent business advisor to entertainment industry clients, including The Independent Television Service, Audubon Productions, Jim Henson Associates, Viacom and Miramax and individual producers, writers and filmmakers. Her career in the music business started in England, working with Chrysalis Records and guitarist Jeff Beck. After moving to Los Angeles, she joined the entertainment law firm of Mitchell, Silberberg & Knupp and began working with film industry clients.  Christie joined Tri Star Pictures at its inception as a Vice President of Business Affairs.  She has also held VP positions with Columbia Pictures and Warner Bros. Pictures. At Lommen, Christie focuses on client intellectual property protection and exploitation, independent media production and client legal affairs management and development.
LEE HUTTON, III

Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-9301
www.lommen.com 
Lee Hutton is a trial attorney handling complex litigation including real estate, commercial disputes, construction claims, entertainment matters, and many other high stakes litigation claims. Lee is known also for representing high profile athletes and celebrities. His work includes negotiating contracts for reality TV shows such as Keeping Up With The Kardashians, Kim and Kourtney Take New York, CW's new hit Remodeled, and appearing on Kendra. Lee takes an attorney's approach to handling the holistic representation for his celebrity clientele acting as general counsel for their corporations. By doing this, Lee has effectively protected his clients' legal and business interests. Through his work, Lee has been named Rising Star from 2007-2011, Most Distinguished Alumni from La Marque High School, Minnesota's Top 40 Under Forty, Up and Coming Attorney by Minnesota Lawyer magazine, and most recently 2010 Attorney of the Year.
 
TIMOTHY MATSON

Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-9331
www.lommen.com 
Tim Matson combines a practice in the areas of entertainment law, commercial litigation and intellectual property. A major focus of his practice has been intellectual property litigation. His clients include individuals, small and mid-sized businesses, musicians and entertainers. Mr. Matson has authored articles on entertainment issues for the Minnesota State Bar Association Arts & Entertainment Law Section and the Minnesota Music Academy. He recently published an article, “Get a legal physical for intangible assets,” in the June/July 2008 edition of Upsize Magazine. Mr. Matson has been listed as a Minnesota Rising Star by Minnesota Law & Politics. He is admitted in Minnesota and is AV rated by Martindale-Hubbell.
 
BARRY O'NEIL

Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-9342
www.lommen.com 
Barry O’Neil is a shareholder and Board member of Lommen Abdo Law Firm. He is a trial attorney with over 19 years of experience trying cases nationwide. He is certified as a Civil Trial Specialist by the Minnesota Bar Association. Barry’s litigation experience involves entertainment, employment, contract, shareholder, partnership, business competition, and class action matters in state and federal courts. Barry is the practice group manager of the firm’s Trials and Litigation Practice Group, and he also heads the Lommen Abdo entertainment litigation practice. He is has repeatedly appeared on the Minnesota Super Lawyers list and is AV rated (highest) by Martindale-Hubbell.

 
JOHN SIMSON
John Simson
Lommen Abdo Law Firm
Washington, D.C.
612-460-9252
www.lommen.com  
John Simson practices in Washington, D.C., and represents filmmakers, songwriters, recording artists, publishers, management and independent record companies. He started his professional career in 1971 when he was signed to a recording agreement as a singer-songwriter. Simson was a partner in Studio One Artists managing Mary-Chapin Carpenter and Steve Forbert among others. He was instrumental in the creation of SoundExchange, the first performance rights organization in the United States representing recording artists and record labels and ran the organization from 2001 through 2010. Simson has unique expertise in the collection and distribution of international royalties, collective management of rights, reciprocal agreements and the implementation of international treaties including the Rome Convention and the WPPT. Simson received an Emmy nomination for his music supervision of the PBS series “American Roots Music” and was selected as the Outstanding Volunteer Lawyer by Washington Area Lawyers for the Arts during their 10th Anniversary Celebration.
DAN YOUNG
Dan Young
Lommen Abdo Law Firm
Minneapolis, Minnesota
612-336-9343
www.lommen.com
Dan Young focuses his business practice on mergers and acquisitions; closely-held, family, emerging, and technology businesses; real estate and venture finance; corporate law and governance; shareholder planning and dispute resolution; succession planning and employment law. Dan also serves as outside general counsel to businesses on matters such as choice of entity and entity formation issues, intellectual property, joint ventures and strategic alliances, international ventures, e-commerce, raising of capital and negotiations of funding, counseling and advising of Boards of Directors. Dan’s clients are involved in varied industries, including marketing and advertising, e-commerce and technology, entertainment and hospitality, biotechnology and medical devices, manufacturing, professional services, venture funding and financial institutions, real estate and construction, agriculture and alternative energy, franchise law, healthcare, retail, print and media. He has been listed as a Super Lawyer in the Business Law category by Minnesota Super Lawyers.