PROGRAM DESCRIPTION

Part 2 of NARIP’s The Art of the Music Deal series: What Happens Before You $ign on the Dotted Line?

Most people think they can just hand a negotiation to a lawyer, and leave it at that. But the truth is, 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 see HOW a digital distribution deal is negotiated and be involved in the process.

Get educated about the art of deal-making!

• Artist Managers, Producers & Artist Reps
• Record & Music Publishing Executives
• Producers, Performing Rights Organizations
• Anyone seeking information about digital distribution deals

• When is the right time to make a digital distribution deal?
• Term of agreement
• Renewal and termination options
• Territory
• Digital rights, including: (SoundExchange, Digital right in sound recordings, Recent CARP decision, increased payment to rights holders and what this means to YOU)
• Distribution fees and ranges
• Administrative and other fees
• Minimum release requirements (if any)
• Price tiering, retail pricing and terms of sale
• Retail discounts for new releases and catalog titles
• Co-op advertising
• Exclusivity with regard to classes of trade (Web sites, non-traditional retail, online fulfillment, digital downloads)
• Computer-generated sales and inventory reports
• SoundScan & accessibility
• Audit rights
• Geo targeting, data capture and data sharing
• Marketing services

• Jennifer Burke Sylva, Music & Convergence Attorney
• Jason Kadlec, Director of Business Development, INgrooves
• Tim Mitchell, VP of Marketing (and deal-maker), IODA Alliance
• Geoff Piper Esq., (panel moderator), artist manager and music attorney

NARIP PROGRAM NUMBER: P69
PROGRAM DATE: October 25th, 2007
PROGRAM TIME: 120 minutes, 26 seconds
QUESTIONS? Call 818-769-7007 or contact NARIP

SOURCES FOR MORE INFORMATION
ingrooves.com
iodalliance.com
NARIP

Jennifer Burke Silva, Music & Convergence Attorney

Jennifer is a music and convergence attorney in private practice who works in the area of entertainment and technology. Sylva represents authors, musicians, visual and recording artists, producers, record companies, as well as technology companies from the United States, Europe, and Japan.

Prior to founding the firm, Sylva served as head lawyer and executive with Sony Connect Inc., Sony’s online digital distribution venture, where her duties included obtaining rights from major and independent record labels, motion picture studios and production companies, television networks, recording artists, publishers and other rights holders. She has drafted and negotiated numerous music and video content, software and technology license agreements, prepared policies, services and online agreements for Web sites and in support of e-commerce, and provided legal advice to multiple business units within the company in the US, Europe and Japan.

Prior to Sony Connect, Sylva worked as General Corporate Counsel for Redwood City-based Liquid Audio, Inc. and was also employed in private practice. Sylva was awarded a Bachelor of Arts from the University of California at Santa Cruz and was a scholarship recipient of and attended the University of Kent, Canterbury, England. She earned her Juris Doctorate from Santa Clara University School of Law. While in law school, Sylva served as an articles editor for, and was published in the High Technology Law Journal, earned the Pro Bono Award for her work with California Lawyers for the Arts, and earned the High Technology Law Certificate.
Sylva was awarded the First Place Nathan Burkan Memorial Writing Award by the American Society of Composers, Authors, and Publishers (ASCAP) for her article about digital distribution and content delivery. Prior to becoming a lawyer, Sylva was employed by Virgin Records in the U.K. and in Ireland.

Sylva publishes articles periodically and speaks on panels where she helps to educate others about music, copyright, and other intellectual property issues. Sylva is a member of the State Bar of California, a panel attorney for California Lawyers for the Arts, and the Chapter/Committee Relations Sub Committee Chair of the national Intellectual Property Committee of the Association of Corporate Counsel.

Jason Kadlec, Director of Business Development, INgrooves

Jason served as both Director of A&R and Director of Client Relations at INGrooves before being appointed Director of Business Development & Marketing in 2006. Prior to INgrooves, Jason worked for Om Records as Street Team Coordinator and toured and recorded with Om Records artist aFRO-mYSTiK.

Tim Mitchell, VP of Marketing (and deal-maker), IODA Alliance

Tim Mitchell started at IODA when the company was only 9 strong and has performed more than one dual-executive role as the VP of Business and Product Development and VP of Marketing and Business Development. As VP of Marketing, Tim now leads the company’s focused effort on the next big challenge in the digital media space.

In 1996, Tim started his Internet career at Wired Magazine and soon moved to Hotwired, the first commercial media Web site. In 1998 he founded grassroots Web-casting site Nineup.com to showcase local San Francisco artists using the then-new power of streaming media before “streaming media” was even a buzzword. He held product management roles at Lycos Music, while also hosting the Wired News online radio show “Music Spin” and acting as a member of the Board of the Popular Noise Foundation, a San Francisco based non-profit whose goal was to promote local independent musicians. Later, he held a strategic product development role as Terra/Lycos in their Global Product Development group where he worked heavily in streaming media and media player software.

Recently Tim re-launched MP3.com at CNET Networks as the site Director in May 2004. There, he was responsible for managing MP3.com, its business strategy and technologies. He played a key role in the re-launch, providing a new brand, focus, strategy and directive.

Tim is well-versed on the important issues of the day with 9 year’s experience in the digital music space and has a long list of speaking engagements and quotes in the press. Speaking engagements include: Jupiter, Music 2.0, iHollywood, Mobile Content World, East Coast Music Awards, CMJ, London Calling, Bandwidth, Billboard Mecca, TapeOp, Podcast Hotel and others.

Day job aside, Tim spends many of his off-hours writing, recording and performing music.

Geoff Piper, Esq. (panel moderator), artist manager and music attorney

Geoff Piper has managed various jazz, country and rock groups. He currently performs with and manages a Bay Area alternative rock band. His management duties include advising on national booking and touring, publicity, public relations and advertising, artist Web site and online presence development, the selection of artistic and musical material, wardrobe, organization of photo and video shoots, and all other matters pertaining to the band’s professional activities and career in the entertainment, music and recording industries. Geoff also works for Independent Television Service (ITVS) in San Francisco as an Intellectual Property (IP) attorney in-house where he negotiates and drafts television production and distribution contracts in order to license content between independent film producers, artists, broadcasters, distributors, television stations, recording companies, and music publishers. Prior to ITVS, Geoff worked for several San Francisco based IP law firms, solo practitioners, and in his own private practice where he represented solo artists, bands, music studios, independent online labels and distributors.

Program music courtesy of Sparks & Silhouettes