SXSW 2012: Legal Issues in the Music, Film and Emerging Technology Industries

2/8/2012

Lommen Abdo Law Firm presents, in conjunction with South by Southwest (SXSW), Legal Issues in the Music, Film and Emerging Technology Industries. Over 40 industry leaders will fill 13 panels addressing topics related to the current music, film and technology industries.  All SXSW registrants are welcome. Attorneys may register for up to 13.0 CLE credits.


MATERIALS

 

Presented by


 
Nels Jacobson and Ken Abdo, Program Co-Chairs
Program Coordinator: Theresa Abdo Whelan

  
 
SCHEDULE

 
Interactive on Tuesday, March 13

 11:00 a.m. to 12:00 p.m. Gimme Shelter from the Storm Clouds
As more products and services move to the proverbial cloud, from shared collaboration, commercial product offerings, and user-uploaded content, new business models are created while extant business models come under attack. This panel will explore the disruption caused by some new cloud-based services and how this disruption is affecting existing industries. For example, who is responsible for liabilities arising from the use or exploitation of content stored in the cloud; should Congress change the law to impose new liability/responsibilities on operators of cloud-based services; what rights, if any, do consumers have to perpetual access to their content in the cloud; can a user transfer their content in the cloud to another device or person? These and other questions will be addressed by the distinguished panel. 
  • Gary Greenstein (moderator), Wilson Sonsini Goodrich & Rosati, Washington, D.C.
  • Michael O. Drexler, Executive Director of Business Development, New Media & Strategic Development, BMI, New York 
  • Michael Robertson, MP3Tunes, San Diego
  • John Simson, Of Counsel, Lommen Abdo Law Firm and Special Consultant for Artist Relations and Business Development by Kobalt Music Publishing, Washington, D.C.
 12:30 to 1:30 p.m.
The Automobile as Network Node
Automobiles are increasingly connected to computer networks and are used to collect, use and share vehicle-related information. They also provide a delivery mechanism for driving, entertainment and other content and information. This panel will discuss legal issues arising out of and related to the collection, use and disclosure of vehicle-related information and related emerging legal issues of data use in or related to vehicles.  
  • Gerard Stegmaier (moderator), Wilson Sonsini Goodrich & Rosati, Washington, D.C.
  • Michelle Avary, National Manager of Business Development, Advanced Technologies, Toyota Motor Sales, Inc., Torrance, California
  • Beth Hill, Office of General Counsel, Chrysler Group LLC, Auburn Hills, Michigan
  • Nick Pudar, V.P. of Planning and Business Development, OnStar, Detroit
 
Film on Tuesday, March 13
 
2:00 to 3:00 p.m.
Maximizing Film Revenues
Independent filmmakers are caught up in an environment of shifting revenue sources. Once reliable revenue sources, such as DVD, cable and broadcasting, are eroding and being replaced by the growing although uncertain VOD, streaming and internet sales markets. Filmmakers must be savvier than ever to maximize their revenues. This panel will shine a light on new and old sources of revenues for independent films and explore the future of revenues for independent films. The panel will discuss the revenue terms of distributions agreements and discuss: how to negotiate to maximize revenues, terms relating to recoupable costs, how to split rights among distributors and avoid pitfalls when structuring split rights deals, how definitions of rights and markets in one distribution agreement can conflict with other distribution contracts for the same film, accounting clauses, auditing and collections.  
  • Dan Satorius (moderator), Of Counsel, Lommen Abdo Law Firm, and Satorius Law Firm, Minneapolis 
  • Andrew Hurwitz, Frankfurt Kurnit Klein & Selz PC, New York
  • Jason Janego, Co-President, New Division, The Weinstein Company
3:30 to 4:30 p.m.
Clearing Rights: What “Borat” Wrought
Shooting people: when you film people you run the risk of breaching their rights such as privacy, publicity and defamation. See clips from actual law suits that tested the limits of these rights and the releases used by filmmakers. Does your release protect you from claims of people appearing in your film? When do you need a release? When do you NOT need a release? What terms must be in the release agreement? The documentary film, “BORAT” taught us nothing begets lawsuits like success. With 23 claims leading to 10 lawsuits, the “BORAT” release is one of the most tested contracts in the film history. The panel will come armed with clips from “BORAT” and other projects that triggered lawsuits from people caught on camera -- including hidden cameras -- with and without releases. The panel will discuss tips on how to protect filmmakers who swim in these treacherous waters. 
  • Dan Satorius (moderator), Of Counsel, Lommen Abdo Law Firm, and Satorius Law Firm, Minneapolis
  • Michael Donaldson, Donaldson & Callif, LLP, Beverly Hills
  • Kirk Schroder, Schroder Fidlow & Titley, PLC, Richmond
 
Music on Friday, March 16
 
11:00 a.m. to 12:00 p.m. It’s Not the Record Business – It’s the Music Business
The time-honored tradition of buying recordings to own them is evolving into new music commerce models. The panel will address this metamorphosis by observing trends and making predictions.  
12:30 to 1:30 p.m. Royalties in the Digital Space: What, Where and How Much Are They?
Identifying, following and actually collecting essential money from a myriad of digital sources is a growing challenge. With the help of sophisticated music accountants, this panel will show what is at stake, and where and how to secure this income.
  • John Simson (moderator), Of Counsel, Lommen Abdo Law Firm and Special Consultant for Artist Relations and Business Development by Kobalt Music Publishing, Washington, D.C.
  • Steve Ambers, Miller, Kaplan, Arase & Company, LLP, North Hollywood
  • Gary Haber, Haber Corporation, Encino
  • Kurt Vitolo, KV Financial Group, P.C., Nashville
2:00 to 3:00 p.m. Building Artist Brands Internationally
It’s a brand new world where a celebrity can find value and earn revenues globally. Lawyers from around the planet will discuss the nuances of brand building in various international music economies.
3:30 to 4:30 p.m. DIY – Faction or Fiction? Working with Majors, Indies or Yourself
Can doing it yourself sustain an artist career? Really? This panel of seasoned artist representatives will distinguish myth from reality.
 5:00 to 6:00 p.m. Ethics: Lawyers Need Them and This Credit
Lawyer Rules of Professional Conduct apply to all practitioners. The Rules pose unique and cautionary considerations for entertainment lawyers…and clients. 
  • Scott Goldman (moderator), VP, Foundations, GRAMMY Foundation, Santa Monica
  • Ken Abdo, Lommen Abdo Law Firm, Minneapolis
  • Bob Donnelly, Lommen Abdo Law Firm, New York
 
Music on Saturday, March 17
 
11:00 a.m. to 12:00 p.m. Licensing Madness: Exploitations a Go-Go
In a world where music is being licensed to promote, enhance, advertise and image almost everything, the deals and protocols are as varied as the uses themselves. The panel will identify uses and review common terms and deal expectations.
  • Lynn Morrow (moderator), Adams and Reese, Nashville
  • Jeff Brabec, SVP of Business Affairs, BMG Chrysalis, Los Angeles
  • Todd Brabec, Author "Music, Money and Success"/Former EVP of ASCAP, Los Angeles
  • Daryl Jones, Law Offices of Daryl D. Jones, Chicago
12:30 to 1:30 p.m. Run for Cover: The Future of Cloud Commerce
As traditional music consumer consumption habits evaporate into the cloud, a new legal and language lexicon casts a mighty shadow over the music business. This panel will analyze whether subscriptions and other alternatives present promise or problems in the new music economy.
2:00 to 3:00 p.m. Termination of Copyright Transfers and Other Capitol Ideas 
Termination of copyright transfers under the Copyright Act, the PROTECT IP Act, the Performance Rights Act, and other serious legislation that will rock the music business are topics that will be tackled by this panel of lawyers and lobbyists. 
  • Daryl Friedman (moderator), The Recording Academy/Advocacy & Industry Relations, Washington, D.C.
  • Ken Abdo, Lommen Abdo Law Firm, Minneapolis
  • Tim Matson, Lommen Abdo Law Firm, Minneapolis
  • Jay Rosenthal, SVP & General Counsel, National Music Publishers’ Association, Washington, D.C. 
3:30 to 4:30 p.m. Pennies, Pounds and Piastres: Global Collection of Publishing Money
If a song is heard around the world, who collects what from where and who gets paid? This panel of publishers and advisors will discuss the collection of songwriter revenues that may or may not be getting paid to the writers.  
 

General Session (Non-CLE) Panels:

How Stella Got Her Masters Back:  Reversion Rights
Ken Abdo, Daryl Friedman, Gloria Gaynor,, Eric German
Thursday, March 15, 2012
1:30 p.m. - 2:30 p.m.
Austin Convention Center, Room 11AB
http://schedule.sxsw.com/2012/events/event_MP9606 

Funkytown Stories
Ken Abdo and Steven Greenberg
Thursday, March 15, 2012
4:00 p.m. - 5:00 p.m.
Austin Convention Center, Room 16AB
http://schedule.sxsw.com/2012/events/event_MP990367  

 
For additional information on SXSW, visit www.SXSW.com