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In NY – 360 Record Deal Mock Negotiation
April 19, 2012 @ 6:00 pm - 7:00 pm
You are invited to NARIP’s
ART OF THE MUSIC DEAL:
What Happens Before You $ign on the Dotted Line?
360 Record Deal Mock Negotiation
on Thursday, April 19, 2012 in New York
With major changes in recording agreements in recent years, multiple rights or so-called “360 deals” have become more common. In this latest installment of NARIP’s “Art of the Music Deal” series, two attorneys and one artist manager explain what these deals encompass. They will then face off in a live mock negotiation 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.
These experts come together to give you the inside track on major deal points, what they mean and what leverage you have to negotiate the best possible deal.
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 see HOW a 360 deal is negotiated and be involved in the process.
Get educated about the art of deal-making!
You need not be a NARIP member to attend.
multiple rights and 360 deals:
What are they?
- How to minimize or maximize 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, royalty rates for mobile, digital downloads, and interactive streaming services.
- The right time to make a deal
- 360 deals for developing artists
Also to be addressed:
- Rights and revenue streams typically included in 360 deals (recording, publishing, merch, touring, sponsorships, endorsements)
- What parties enter into multiple rights deals? (such as labels, publishers, personal artist management companies)
- What is the nature of the label’s (or other party’s) participation in each of the various revenue streams, active or passive?
- Calculation of artist’s share (e.g., are revenue streams and costs cross-collateralized? If so, how?)
- New business models such as LLC-type deals and others
- Advances, recording funds, tour support, marketing and promotion commitments
WHO SHOULD ATTEND
Record & Music Publishing Executives
Producers, Artists, Artist Managers and Artist Reps
Music Attorneys, Concert Industry Professionals
Brand Marketing & Creative Executives
Accountants, Business Managers & CPAs
GUEST SPEAKERS (scroll down for speaker profiles)
- M. James Cooperman, Esq.
- J. Reid Hunter, Esq., Serling, Rooks, Ferrara, McKoy & Worob, LLP
- Emily White, Whitesmith Entertainment, Inc., Readymade Records & Publishing
- Garrett M. Johnson, Esq., Attorney At Law, Bozeman Law Firm (panel moderator)
Thursday, April 19, 2012
6:00 p.m. – Registration opens
7:00 p.m. – Program begins
9:30 p.m. – Program ends
SAE Institute of Technology, NY Campus
1293 Broadway, 9th Floor
New York, NY 10001
Directions: SAE at 1293 Broadway is also 1 Herald Center, The Daffy’s Building. It is located at the southwest corner of 34th and Broadway.
There are 2 elevator banks with 3 elevators each, but note that only the elevator on the far right of each bank goes to the 9th floor.
That’s where you’ll find SAE.
Click here for map.
$20 for NARIP Members
$40 for Non-Members
$75 for lawyers who wish to receive MCLE credit (includes admission). MCLE accreditation pending. Select Premium Ticket option below.
THREE WAYS TO REGISTER
1. Online (just scroll down) using PayPal or any major credit card (you need not be a PayPal member)
2. Call 818-769-7007 with credit card
3. Walk-up if space permits. NARIP events sell out, advance registration is recommended.
Advance RSVP encouraged.
Pre-paid admission guarantees seating.
We appreciate your cooperation.
Call 818-769-7007 or email simone AT narip DOT com
SOURCES FOR MORE INFORMATION
ABOUT THE SPEAKERS
M. James Cooperman, Esq.
Most recently, Jim was the COO, General Counsel and a founder of the Sony-distributed music venture, tinyOGRE Entertainment. tinyOGRE’s
forward-thinking business model called for the establishment of a true joint venture (typically, a limited liability company) with each
artist it signed. Before launching tinyOGRE, Jim was Wind-Up Entertainment’s COO and EVP of Business and Legal Affairs and was
instrumental in designing and implementing Wind-Up’s then ground-breaking 360 degree deal-making strategy. Prior to joining Wind-Up,
Jim was the Co-General Counsel of Bertelsmann’s BMG Music and before that he founded the in-house Business and Legal Affairs Department of
Sony Music’s RED Distribution and that of its sister labels Relativity Records and LOUD Records. Jim began his legal career at the law firm
of Kaye, Scholer and his first job in the music business was in the Business and Legal Affairs Department of RCA Records. Jim currently serves on the Board of Directors for independent music trade organization A2IM (American Association of Independent Music).
J. Reid Hunter, Esq., Serling, Rooks, Ferrara, McKoy & Worob, LLP
J. Reid Hunter is an attorney with the New York law firm of Serling Rooks Ferrara McKoy & Worob, LLP, a firm that focuses its practice in music law. Reid’s clients include John Mayer, The Fray, Young the Giant, Zac Brown Band, Ray Lamontagne, Pretty Lights, Owl City and Manchester Orchestra. The firm’s clients include Pheonix, The Shins, Maroon5, Gavin DeGraw, Ozzy Osbourne, Moby, The Corrs, Wind-Up Records, Merge Records, Victory Records, Righteous Babe Records and Curb Records. Mr. Hunter is a member of the State Bar of Georgia and New York State Bar. Mr. Hunter speaks frequently on music law topics and was an adjunct professor in the Music Industry program of the School of Music at Georgia State University before moving to New York City. He’s negotiated “360 deals” on behalf of the artist with virtually every major label and many indies.
Mr. Hunter received his Juris Doctor in 1986 from Wake Forest University in Winston-Salem, North Carolina, and a Bachelor of Science in 1983 from the University of North Carolina at Chapel Hill.
Emily White, Whitesmith Entertainment, Inc., Readymade Records & Publishing
Emily White is a co-founding partner at Whitesmith Entertainment, a Music & Comedy Management and Consulting Firm based in New York and Los Angeles. Whitesmith clients include Brendan Benson, Sydney Wayser, GOLD MOTEL, Eric Burdon of The Animals, The Big Sleep, & Urge Overkill in their Music Division. In 2012, White launched Readymade Records & Publishing as a sustainable release and marketing platform home for Brendan Benson’s output of music, which is not limited to producing 6 albums including his own over the past year.
White’s background spans the industry, including positions at Michael Cohl’s Live Nation Artists, Madison House Inc., tour management, PR, radio, TV and concert promotion. In her early career, White was integral in Developing The Dresden Dolls’ worldwide and worked directly with Imogen Heap, The FIery Furnaces, Secert Machines, Paolo Nutini, Angelique Kidjo, Taj Mahal, Jonah Smith, Die Mannequin, and Zac Brown Band. Additionally, White sits on the board of direct-to-fan technology
non-profit, CASH Music.
Garrett M. Johnson, Esq.
Garrett M. Johnson is a transactional attorney currently serving in an of Counsel capacity with The Bozeman Law Firm, in Mount Vernon, New York, where he specializes in entertainment and tax law. He is a member of the Bars Associations of New York and the District of Columbia and admitted to the United States Tax Court. He also participates in the Entertainment Law Forum of the American Bar Association and the Sports and Entertainment Division of the D.C. Bar. Mr. Johnson’s practice includes significant prior experience in the Office of the General Counsel at the National Endowment for the Arts, where he specialized in the areas of arts law, government practice, and intellectual property matters. Since the mid-eighties he has represented a wide spectrum of talent and industry entities including musicians, recording artists, composers, producers, independent labels, agencies and artist management companies. Specific practice areas include, but are not limited to, facilitating trademarks, negotiating recording, licensing, publishing, distribution and performance contracts and providing music publishing administration to selected client catalogues, as well as general business formation. Mr. Johnson’s expertise is recognized across the Country and he is a frequent lecturer and panelist on legal and business issues in the music industry. Mr. Johnson received an A.B. in economics from Columbia University and a J.D. from the Georgetown University Law Center.
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