PROGRAM DESCRIPTION

With major changes in recording agreements over the past three years, multiple rights or “360 deals” have become more common. In this latest installment of NARIP’s “Art of the Music Deal” series, top music business attorneys and artist managers face off in live negotiations of key deal points and contractual issues that affect an artist?s rights and income, and a record company?s ability to acquire and monetize additional rights.

Most people think they can just hand a negotiation to a lawyer, and leave it at that. But as a professional, you need to be aware of the process and deal points, too, and what the short- and long-term implications to your artists’ careers may be.

Most importantly, you will hear HOW a 360 deal is negotiated and be involved in the process.

Get educated about the art of deal-making!

• Record & Music Publishing Executives
• Producers, Artists, Artist Managers and Artist Reps
• Music Attorneys, Concert Industry Professionals
• Brand Marketing & Creative Executives
• Accountants, Business Managers & CPAs

In this NARIP audio program, you will learn eight (8) major areas of negotiation for record deals:

• Artist advance / recording fund
• Controlled composition clause
• Guaranteed release clause
• Pay or play clause
• No cross-collateralization / separate “pot” for mastertone, voicetone and DVD monies
• Tour support / marketing and promotion commitment (videos, etc.)
• Artist royalty and royalties payable on foreign sales
• 360 deals: try to limit other ancillary rights (i.e., merchandise, publishing, touring, sponsorships, etc.)

This program also covers:

• Multiple rights: what are they?
• How to minimize a record company’s involvement in additional rights
• How to obligate a record company to monetize additional rights and maximize returns from a 360 deal
• Important deal points including new 360 provisions, ancillary rights, digital royalties, a discussion of the new publishing royalty rates for mobile, digital downloads, and interactive streaming services.
• The right time to make a deal
• 360 deals for developing artists

In New York:

M. James Cooperman, Esq., COO & EVP Business and Legal Affairs, Wind-Up Entertainment, Inc.
Dina LaPolt, Esq., LaPolt Law LLC
Lisa Van Zuidam, Chief Financial Officer & Chief Operating Officer,
Tenth Street Entertainment and The Eleven Seven Music Group

In Atlanta:

Kendall A. Minter, Esq., Minter & Associates, LLC
Steven S. Sidman, Esq., Greenberg Traurig

In Los Angeles:

Sabrina Ment, Esq. – LaPolt Law LLC
Todd Cooper, Esq. – Greenberg Traurig

NARIP PROGRAM NUMBER: B012
PROGRAM DATE: July 21, 2010 in Atlanta, May 27, 2010 in Los Angeles, June 30,2009 in New York.
PROGRAM TIME: 7 hours, 8 minutes, 24 seconds (7:08:24)
FILE SIZE: 211MB
HANDOUTS ( (18, 22, 30 pages total per panel including sample 360 Record Deal proposal):

QUESTIONS? Call 818-769-7007 or contact NARIP

SOURCES FOR MORE INFORMATION

Minter & Associates, LLC
LaPolt Law LLC
NARIP
Greenberg Traurig

 

In Atlanta

 

Kendall A. Minter, Esq.

An industry veteran and native New Yorker, Kendall Minter is founder of Minter & Associates, L.L.C. in Atlanta, GA (est. 2004) and Of Counsel at Gibson & Behman, P.C. Minter & Associates, L.L.C. is a boutique law firm which represents a diverse international clientele in the areas of entertainment, corporate, intellectual property, sports and new media matters. Gibson & Behman is a mid-sized regional law firm which represents clients in the areas of litigation, employment law, corporate formations and dissolutions, trademark matters, insurance matters, bankruptcy and partnership matters. The firm has offices throughout the Northeast, in Florida, California and the United States Virgin Islands. Kendall is a co-founder and Co-Chairman of the Advisory Board of the Black Entertainment and Sports Lawyers Association. He was the inaugural Executive Director of BESLA, serving in that capacity from 1979 to 1986. He also serves on the Board of Directors of Rhythm & Blues Foundation and is the Chairman of the organization and is a member of the Board of the Living Legends Foundation and Director of Sound Exchange, Inc. Kendall has served as a director of the American Youth Hostels and the 100 Black Men. He was an adjunct professor at Benjamin Cardozo School of Law, and is a frequent lecturer for the Practicing Law Institute and numerous other organizations as well as being a frequent contributor and columnist for several music trade publications. Kendall now serves as an adjunct professor in the School of Music at Georgia State University where he teaches classes on copyright, music publishing and the music industry. Kendall is listed in Who’s Who in America , Who’s Who in American Law, Who’s Who in Entertainment, Who’s Who in The East and Who’s Who amongst Black Americans and he has been inducted into the Knights of Malta, O.S.J. A sampling of Mr. Minter’s varied clients, past and present, include Archbishop Desmond Tutu, Shabba Ranks, Lena Horne, Roy Ayers, Miriam Makeba, Hugh Masekela, Third World, Bunny Wailer, The Government of Jamaica, The Backstreet Boys, Teddy Riley, Freddie Jackson, for WBO Heavyweight Champion Ray Mercer, Cameo, The Fat Boys, Peter Tosh, Onyx Heavy D & The Boyz, Mad Cobra, Mtume, Kirk Franklin and the Family and others. Kendall holds a B.A. degree in political science and with a J.D. from Cornell Law School.

Stephen S. Sidman, Esq.

Formerly Artist & Repertoire Director at TVT Records, Mr. Sidman now practices entertainment law at Greenberg Traurig where he advises and counsels multi-platinum-selling and Grammy Award- winning recording artists, songwriters, record producers and mixers, as well as successful personal managers, corporate executives, record companies and music publishers, regarding transactions and various legal and business issues within the entertainment industries. In his practice he negotiates complex agreements throughout the entertainment industry (focusing on the music business), including product endorsements and a full range of agreements such as high-level recording, music publishing, record distribution, record producer, record mixer, guest and “side” artist deals, multi-artist furnishing, motion picture soundtrack agreements, music supervisor, personal management and talent agency deals. His practice includes copyright transfers, assignments, licenses (including master-use licenses, “sampling” licenses, synchronization licenses, “mechanical” licenses and the like) and registrations. Mr. Sidman represents authors in the negotiation of book publishing agreements; advises and counsels celebrities and other public figures regarding various intellectual property issues and rights concerning the exploitation of their names and likenesses; advises industry-leading media, marketing and promotions companies regarding economic, business and legal issues related to the pursuit of new commercial opportunities and the establishment of new corporate ventures related to the entertainment, media and technology industries; and advises start-up technology companies regarding intellectual property licensing and business development strategies both within and outside of the entertainment industries. He is a member of the National Academy of the Recording Arts and Sciences; and Voting Member of the Country Music Association; a Member of the Board of Directors and Pro Bono Counsel for The Dallas Austin Foundation; a Member of the American Bar Association (Sports and Entertainment Law Forum); and a Member of the State Bar of Georgia (Entertainment and Sports Section). Mr. Sidman is included in the 2010 Best Lawyers in America, selected by Super Lawyers magazine (Rising Stars Edition, 2007 and 2009) and selected by Fulton County Daily Report as one of 12 Atlanta Attorneys On the Rise (August 2008).

In Los Angeles

 

Todd Cooper, Esq.

Todd Cooper is Of Counsel with Greenberg Traurig?s Entertainment Practice Group. His practice focuses on music industry, multimedia and intellectual property issues. He is experienced in a wide range of music and multi-media transactions and has represented individuals and companies on intellectual property matters including recording artists, songwriters, producers, personal managers, event producers, models and record executive employment agreements. Mr. Cooper has negotiated recording, distribution, and various other agreements with both major and independent record labels as well as negotiated co-publishing, sub-publishing and songwriter agreements with music publishers and has experience in complex acquisitions and sales of entertainment catalogs.

Previously, Mr. Cooper worked as a recording engineer for a major Los Angeles recording studio, as a road and production manager for various touring artists as well as a personal manager for a prominent Los Angeles-based company. Todd earned his J.D. at Loyola Law School and holds a B.A. in History from UCLA. He is admitted to practice in California.

Sabrina Ment, Esq.

Sabrina Ment is an entertainment attorney at LaPolt Law, P.C., a boutique entertainment firm that specializes in representing clients in the music, merchandising, film, television and book publishing industries. The firm’s clientele include recording artists, independent record companies, music publishers, songwriters, producers, managers, executives in the music and
film industries, film production companies, photographers, directors, writers, authors and actors. In addition to drafting and negotiating agreements pertaining to the above, her other areas of expertise include due diligence in connection with copyright and trademark acquisitions and supporting outside litigation counsel in such areas as copyright and trademark infringement, misappropriation of name and likeness and violations
of the Talent Agencies Act. For more information, please log on to LaPolt Law LLC.

In New York

 

JIM COOPERMAN, ESQ.

Jim Cooperman, Chief Operating Officer / Executive Vice President of Business and Legal Affairs, Wind-up Entertainment has been instrumental in designing and implementing the strategic path of the company over the last several years. He was formerly the EVP, Business and Legal Affairs prior to becoming the COO for Wind-up Entertainment. In addition to overseeing Business and Legal Affairs, Cooperman oversees A&R Administration, Human Resources, Operations, International, Publishing, Licensing and Pronto, the company’s merchandising concern.

Prior to joining Wind-up, Cooperman was the Co-General Counsel and SVP, Legal and Business Affairs at BMG. In this position, he was actively involved in devising and actualizing online and wireless opportunities, handled business affairs for BMG Distribution and BMG Strategic Marketing Group, and spearheaded new royalty initiatives. He also contributed to pan-label transactions such as on-line catalog licenses, and multi-label joint ventures. Prior, Cooperman headed up business and legal affairs for RED Distribution and its sister labels Relativity Records, LOUD Records, and Edel North America, in addition to positions early in his legal career at RCA Records and the law firm of Kaye, Scholer.

DINA LaPOLT, ESQ.

Dina LaPolt is an entertainment attorney at LaPolt Law, P.C. in Los Angeles. LaPolt Law is a boutique entertainment firm that specializes in representing clients in the music, merchandising, film, television, and book publishing industries. The firm’s clientele include recording artists, independent record companies, music publishers, songwriters, producers, managers, executives in the music and film industries, film production companies, photographers, directors, writers, authors, and actors. In addition to practicing law, Dina teaches “Legal and Practical Aspects of the Recording and Publishing Industries” in the Entertainment Studies Department at UCLA Extension and speaks regularly on panels at music industry conferences all over the country. On the film production side, Dina was the co-producer of the 2005 Academy Award-nominated documentary film entitled Tupac: Resurrection. For more information on Dina LaPolt or her firm, please log on to www.LaPoltLaw.com.

 

LISA VAN ZUIDAM

As Chief Financial Officer and Chief Operating Officer of Tenth Street Entertainment and The Eleven Seven Music Group, Lisa Van Zuidam oversees the financial elements and overall operations for Tenth Street Entertainment and The Eleven Seven Music Group, new models for the successful entertainment marketing and content companies across a range of platforms including music, fashion, book and music publishing, film, live performance and more. Among the companies? content creation partners are Mötley Crüe, Buckcherry, Papa Roach, JET, Deborah Harry and Blondie, Sixx:A.M., Drowning Pool, The Last Vegas, Charm City Devils, Marion Raven, Royal Underground and others. Van Zuidam began her career with Tenth Street and Eleven Seven in 2005 as the Controller and expanded her duties to reach her current position. Van Zuidam was previously with Prager & Fenton as a business manager working with artists such as Gavin DeGraw, Neil Sedka, Jimmy Webb and AC/DC. For more information, please visit Tenth Street Entertainment or The Eleven Seven Music Group.

 

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Program Music Courtesy of Sparks & Silouhettes