ENTERTAINMENT LAW AND BUSINESS

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ENTERTAINMENT LAW AND BUSINESS pdf




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ENTERTAINMENT LAW AND BUSINESS - page 1
LOS ANGELES USC UNIVERSITY PARK CAMPUS SATURDAY OCTOBER 22, 2011 USC GOULD SCHOOL OF LAW – BEVERLY HILLS BAR ASSOCIATION 2011 INSTITUTE ON ENTERTAINMENT LAW AND BUSINESS Fasten Your Seatbelt: The Quickening Entertainment Space KEYNOTE SPEAKER Stacey Snider Partner, Co-Chairman and Chief Executive Officer DreamWorks Studios FEE INCLUDES CONTINUING EDUCATION CREDIT FOR ATTORNEYS (MCLE) AND ACCOUNTANTS (CPE), MEALS, BREAKS, PARKING AND SYLLABUS.
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ENTERTAINMENT LAW AND BUSINESS - page 2
network Join over 500 of the Industry’s prime movers for an unprecedented networking and learning opportunity. get the inside scoop Whether you are a lawyer, executive, agent, producer or accountant, you will get the inside scoop you need to be successful – and learn how to master the quickening entertainment space. don’t miss out For more than 50 years, the Institute on Entertainment Law and Business has been the region’s top conference for entertainment professionals. Join the Industry’s most powerful players for an in-depth examination of the law and current trends. sign up now! REGISTER ONLINE http://law.usc.edu/cle/entertainment sponsors and contributors The USC Gould School of Law, the Beverly Hills Bar Association and the Institute Planning Committee gratefully acknowledge the Institute sponsors and contributors: SPONSORS Broadcast Music, Inc. Creative Artists Agency Davis Wright Tremaine LLP Fox Networks Fox Networks Group Business and Legal Affairs Gang, Tyre, Ramer & Brown, Inc. Gibson, Dunn & Crutcher LLP Greenberg Traurig, LLP JAMS Katten Muchin Rosenman LLP Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP Loeb & Loeb LLP O’Melveny & Myers LLP Sheppard, Mullin, Richter & Hampton LLP Stroock & Stroock & Lavan LLP Ziffren Brittenham LLP CONTRIBUTORS Academy of Television Arts & Sciences Association of Talent Agents National Association of Record Industry Professionals Peter, Rubin & Simon, LLP The Association of Media & Entertainment Counsel For a complete and up-to-date list of Institute sponsors and contributors, please visit our website at http://law.usc.edu/cle/entertainment. 2
ENTERTAINMENT LAW AND BUSINESS - page 3
quick program guide S AT U R D AY, O C T O B E R 2 2 , 2 0 1 1 7:30 AM Registration and Continental Breakfast USC Campus – Bovard Auditorium 8:50 AM 9:00 AM 9:30 AM 10:15 AM 11:00 AM 11:15 AM Welcome and Introduction FCC Update: The Intersection of Broadband, Spectrum and Media The Industry: Trends, Fads and Transformation Monetizing the Internet Networking Break European Union and Latin America – Friend, Foe or Both? “All You Can Eat, At One Low Price.” Is this the new business plan for the motion picture industry? 11:45 AM Over the Top and Through the Woods: Navigating the Thicket of the New Television Universe Luncheon and Keynote Presentation Interview with Stacey Snider USC Campus – Town & Gown Afternoon Panels – First Session USC Campus – USC Gould School of Law Back to the Basics: Complex TV Rights Deals Digital Distribution of Music Lawyering on the Outside: Electronic Communication and Social Networking vs. Ethics and Professional Responsibility – Can They Co-Exist? Litigation Advice for Transactional Lawyers: Common Litigation Risks Raised by Development and Production Merchandising from Wholesale to Retail 12:45 PM 2:15 PM 3:15 PM 3:30 PM Networking Dessert Break Afternoon Panels – Second Session USC Campus – USC Gould School of Law Back to the Basics: Complex TV Rights Deals Digital Distribution of Music Lawyering on the Outside: Electronic Communication and Social Networking vs. Ethics and Professional Responsibility – Can They Co-Exist? Litigation Advice for Transactional Lawyers: Common Litigation Risks Raised by Development and Production Merchandising from Wholesale to Retail 4:30 PM Adjournment 3
ENTERTAINMENT LAW AND BUSINESS - page 4
2011 INSTITUTE ON ENTERTAINMENT LAW AND BUSINESS START>>> 8:50 AM Welcome and Introduction Bruce M. Ramer Institute Chair Program 08:50 Gang, Tyre, Ramer & Brown, Inc. Mark E. Halloran Institute Co-Chair Halloran Law Firm Mary S. Ledding, Esq. Institute Co-Chair Leeanna Izuel Institute Executive Director USC Gould School of Law Marc R. Staenberg Executive Director Beverly Hills Bar Association 9:00 AM FCC Update: The Intersection of Broadband, Spectrum and Media Charged with creating regulatory policies that promote competition, neutrality and innovation while ensuring access to all, the FCC is the starting point for the quickening entertainment world. Our speaker will provide a glimpse into the multitude of issues it decides, such as cross-ownership, the fairness doctrine and spectrum allocations. SPEAKER Suzanne K. Toller Davis Wright Tremaine LLP San Francisco, CA 9:30 AM The Industry: Trends, Fads and Transformation Drawing on ten years of data and insights from a worldwide study in 30 countries, the expert speaker will separate myth from reality as he describes how the Internet and mobile technology are changing the fabric of daily life. Will user-generated content successfully challenge content from traditional media? Is the Web a continual threat to TV or can the two live and work together? How will advertising evolve in a digital era? Learn about the trends and developments that are likely to occur in the next several years. 4 SPEAKER Jeffrey Cole Director Center for the Digital Future Research Professor USC Annenberg School for Communication & Journalism
ENTERTAINMENT LAW AND BUSINESS - page 5
10:15 AM Monetizing the Internet Digital distribution of content continues its inevitable ascendance. Although Web-based video-on-demand and subscription models are generally well understood, the monetization of content through online advertising remains inscrutable for many. This session will explain the nuts and bolts of online advertising. The top-level speakers will discuss the types of content that are making money on the Internet and the types of deals that companies are making to generate revenue. They will examine the various forms of online advertising and the roles of ad networks and aggregators, targeting and retargeting and the flow of ad dollars through the online ecosystem. MODERATOR Brian J. Pass Sheppard, Mullin, Richter & Hampton LLP PANELISTS Aaron Broder Co-Founder Chief Executive Officer Evolve Media Corp. Richard K. Glover President Chief Executive Officer Funny or Die, Inc. 11:00 AM Networking Break 11:15 AM European Union and Latin America – Friend, Foe or Both? “All You Can Eat, At One Low Price.” Is this the new business plan for the motion picture industry? Learn about the current European Union and Latin American statutory structures, pending bills, and papers recommending changes in the law, and their effect on production, distribution and revenue generation of and from audiovisual works. SPEAKER Jared Jussim Executive Vice President, Legal Affairs Deputy General Counsel Sony Pictures Entertainment 11:45 AM Over the Top and Through the Woods: Navigating the Thicket of the New Television Universe The entertainment business has always been about content and distribution, tightly intertwined. Today, distribution is changing more dramatically than it has over the past three decades and consumers can cobble together their own menu of Netflix, Apple TV, Hulu, YouTube movie rentals and countless other means of receiving content on TVs, PCs, iPads and mobile devices. This phenomenon of decoupling the licensing and delivering of content from traditional distribution is known as “Over the Top” and brings with it a host of business and legal issues. This panel will explore the opportunities and challenges of Over the Top, from the perspective of a programmer, a satellite TV distributor and two new media companies. MODERATOR Jonathan L. Handel TroyGould PANELISTS Bruce D. Eisen Vice President, Online Content Development & Strategy DISH Network L.L.C. David Hyman General Counsel Netflix, Inc. Robert Kyncl Vice President, TV and Film Google Rita L. Tuzon Executive Vice President General Counsel Fox Networks Group 5
ENTERTAINMENT LAW AND BUSINESS - page 6
Luncheon Keynote Speaker S TA C E Y S N I D E R Partner, Co-Chairman and Chief Executive Officer DreamWorks Studios S TA C E Y S NI DER is a partner of DreamWorks Studios with Steven Spielberg, and serves as its Co-Chairman and CEO. She oversees the creative and financial aspects of all film development and production in addition to the company’s business strategy. Some of DreamWorks’ notable releases have included “Cowboys & Aliens” (a co- production with Universal Studios), “Flags of Our Fathers,” “Letters from Iwo Jima,” “Dreamgirls,” “The Kite Runner,” “Sweeney Todd” (a co-production with Warner Bros.), “Norbit,” “Blades of Glory,” “Disturbia” and “Transformers.” Ms. Snider joined DreamWorks in 2006. Prior to joining DreamWorks, Ms. Snider served as Chairman of Universal Pictures where she oversaw all domestic and international business units of Universal Pictures, Focus Features, Universal Home Video and Universal Pictures Franchise Development. Her responsibilities included production, distribution and marketing, as well as acquisitions, strategic planning, finance and business development. Before she came to Universal, Ms. Snider was President of TriStar Pictures. She came to TriStar after serving as Executive Vice-President of Guber Peters Entertainment. Ms. Snider serves on the boards of City Year, a national youth service organization, the Special Olympics of Southern California and the American Film Institute. In 2004, the American Jewish Committee honored Ms. Snider with the Dorothy and Sherrill C. Corwin Human Relations Award for her professional and civic endeavors. She is a graduate of the University of Pennsylvania and UCLA Law School. 12:45 PM Luncheon and Keynote Presentation Join Bruce Ramer in an interview with Stacey Snider, Partner, Co-Chairman and Chief Executive Officer of DreamWorks Studios, as they discuss the current landscape of the entertainment industry. Stacey Snider Partner Co-Chairman Chief Executive Officer DreamWorks Studios Bruce M. Ramer Gang, Tyre, Ramer & Brown, Inc. 6
ENTERTAINMENT LAW AND BUSINESS - page 7
2011 INSTITUTE ON PMProgram 02:15 MODERATOR Jody Simon Peter, Rubin & Simon, LLP PANELISTS Melinda Benedek Executive Vice President, Business Affairs and Production Showtime Networks Sandra M. Ortiz Senior Vice President, Business Affairs Twentieth Century Fox Television Craig Wagner Executive Vice President, Business Affairs General Counsel Paradigm ENTERTAINMENT LAW AND BUSINESS 2:15 PM Afternoon Panels – First Session The following sessions will run concurrently and repeat at 3:30 PM. Back to the Basics: Complex TV Rights Deals Join a discussion among television studio, network and rights holder representatives regarding fees, royalties, credit, holdbacks and other material deal points for high-end format (reality and scripted), trademark (e.g., Playboy and Pan Am) and book (e.g., John Grisham) deals. Highlighted issues will include how to deal with recurring characters in a series of books or graphic novels when you are only acquiring one such book or graphic novel, obtaining a waiver of moral rights for an EU format or book, and distribution issues when acquiring a format to an international series still in production and/or distribution. continued>>> syllabus Your registration fee includes a practical and up-to-date analysis of Institute topics prepared by our speakers and Syllabus Committee in either print or CD-ROM format. Additional copies of the Syllabus may be purchased after the Institute for $150 each (print format) or $60 each (CD-ROM format), subject to availability. You may also order online at http://law.usc.edu/cle/ entertainment. For more information, email cle@law.usc.edu or call (213) 743-1772. 7
ENTERTAINMENT LAW AND BUSINESS - page 8
Digital Distribution of Music This panel of experts will focus on getting sound recording masters (such as stand-alone recordings and film and TV soundtracks) to market, minimum billing and other criteria for acceptance of product, typical distribution fee ranges, the scope of distributor services available, territory considerations, strategies for release scheduling, aggregator distribution services, the significance of physical goods, direct to digital retail alternatives (e.g., iTunes, Amazon.com and Spotify), marketing requirements and collections. MODERATOR Thomas A. White Consultant Record and Music Publishing Industries PANELISTS Christian L. Castle Managing Partner Christian L. Castle Attorneys Steven Corn Chief Executive Officer BFM Digital Jonathan Earp Vice President, Business & Legal Affairs IODA San Francisco, CA Joshua M. Kamzan Director, Business & Legal Affairs EMI Music North America Lawyering on the Outside: Electronic Communication and Social Networking vs. Ethics and Professional Responsibility – Can They Co-Exist? Lawyers must understand and comply with the expanding breadth, scope, nuances and application of their ethical and professional responsibilities in this age of rapidly evolving and increasingly public electronic communications. The panel will discuss issues (from in house and outside counsels’ perspectives) related to the attorney-client privilege, duties of loyalty and confidentiality, formulation of attorney-client relationships, contact with represented parties, ethical advertising, multi-jurisdictional and trans-national practice of law and the unauthorized practice of law. The panel will review these issues in the context of common modern technology used in the practice of law (including cloud computing, the virtual law office, the use of email, cell phones and text messaging with clients) and social networking (including Facebook, Twitter and LinkedIn).. MODERATOR Judith A. Gilbert Former Vice President State Bar of California PANELISTS Tanya L. Forsheit InfoLawGroup LLP Browning E. Marean III Senior Counsel DLA Piper San Diego, CA Wendy L. Patrick Deputy District Attorney Office of the District Attorney San Diego, CA e 1.0 HOUR OF LEGAL ETHICS CREDIT AVAILABLE Sign Up Now! REGISTER ONLINE http://law.usc.edu/cle/entertainment 8
ENTERTAINMENT LAW AND BUSINESS - page 9
Litigation Advice for Transactional Lawyers: Common Litigation Risks Raised by Development and Production Hear a panel of litigation experts discuss how to identify and manage risks that typically arise during the development and production of TV and motion picture projects. Among other topics, our esteemed panelists will address litigation exposure from projects that focus on real people or events, and from projects that use or refer to someone else’s trademarks, copyrighted works or non-copyrightable ideas. MODERATOR Steven G. Krone Professor of Law Southwestern Law School Of Counsel Mitchell, Silberberg & Knupp LLP PANELISTS James Gladstone Executive Vice President, Business & Legal Affairs Lions Gate Entertainment David Halberstadter Katten Muchin Rosenman LLP Zazi Pope Senior Vice President Deputy General Counsel Warner Bros. Entertainment Inc. Merchandising from Wholesale to Retail Learn from industry experts how the business works and is evolving. Find out what deals are being made from the studio, branding and arena perspectives. MODERATOR Danny Simon President Chief Executive Officer The Licensing Group Ltd PANELISTS Milt Arenson President Chief Executive Officer Facility Merchandising, Inc. Ken Markman Managing Partner Chief Executive Officer KKM Global Brand Strategies Brian Siegel Director, Franchise Development & Marketing The Walt Disney Company 3:15 PM Networking Dessert Break 3:30 PM Afternoon Panels – Second Session The concurrent sessions held at 2:15 PM repeat at 3:30 PM. Attend a second session of your choice! 4:30 PM adjournment<<< 9
ENTERTAINMENT LAW AND BUSINESS - page 10
planning committee Bruce M. Ramer – CHAIR Gang, Tyre, Ramer & Brown, Inc. Mark E. Halloran – CO-CHAIR Halloran Law Firm Mary S. Ledding, Esq. – CO-CHAIR Leeanna Izuel – EXECUTIVE DIRECTOR USC Gould School of Law Neal S. Baseman Senior Vice President, Business Affairs Twentieth Century Fox Television Damon Bonesteel Senior Vice President, Legal & Business Affairs Warner Bros. Pictures International Merav Broder Broder Law Group Vincent H. Chieffo Greenberg Traurig, LLP Shaun C. Clark Sheppard, Mullin, Richter & Hampton LLP Robert Cooper Vice President, Business Affairs Associate General Counsel Warner Bros. International Television Nancy Derwin-Weiss Davis Wright Tremaine LLP Judith C. Dornstein The Law Office of Judith C. Dornstein, Inc. Scott R. Edel Loeb & Loeb LLP Glenn D. Feig Reder & Feig LLP Keith G. Fleer Keith G. Fleer, A Professional Corporation Judith A. Gilbert Former Vice President State Bar of California Steven J. Goldfisher Law Offices of Steven J. Goldfisher Justin M. Goldstein Carlsmith Ball LLP Daniel D. Helberg Vice President, Business & Legal Affairs Shed Media US Inc. Michael S. Hobel Katten Muchin Rosenman LLP Neville L. Johnson Johnson & Johnson LLP Beth Millman Director, Business Affairs Fox Networks Christopher C. Murray O’Melveny & Myers LLP Gregg B. Ramer Edwards Wildman Palmer LLP Robert Rieders Associate General Counsel Pixar Animation Studios Barbara M. Rubin Peter, Rubin & Simon, LLP J. Eugene Salomon, Jr. Gang, Tyre, Ramer & Brown, Inc. Cheryl M. Snow Gang, Tyre, Ramer & Brown, Inc. Stanton “Larry” Stein Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP Rik Toulon Executive Vice President General Counsel CBS Films Lawrence J. Ulman Gibson, Dunn & Crutcher LLP Ellen C. Waggoner Vice President Associate General Counsel CBS Television Studios Thomas A. White Artist Rights Consultant Daniel M. Yankelevits Senior Vice President, Legal Affairs Sony Pictures Entertainment Stephanie Yost General Counsel Executive Vice President Content Age of Learning, Inc. Juliette C. Youngblood Youngblood Group PC 10
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