360 Record Deal: Mock Negotiation with Dina LaPolt, Esq., Doug Mark, Esq. and Lisa Van Zuidam in LA
Part of NARIP's
ART OF THE MUSIC DEAL Series:
What Happens Before You $ign on the Dotted Line?
Recorded on October 27, 2009
at the SAE Institute in Los Angeles
CONFIGURATION & COST: MP3 Audio with PDF Documents (49 pages total, see description below) in a zip file.Program music courtesy of The G-Man (Golosio Music Publishing, BMI)
Other configurations available (all versions below include sample 360 agreement plus articles and handouts described below):
$39.95 - MP3 audio (your current selection)
$39.95 - Transcript
$49.95 - MP3 audio PLUS transcript
$75.00 - MCLE version for attorneys (approved for 2.5 hours of MCLE credit)
With major changes in recording agreements over the past three 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 top music business attorneys and an
artist manager face off in a live 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!
THIS PROGRAM COVERS
The eight (8) major areas of negotiation for record deals:
1. Artist advance / recording fund
2. Controlled composition clause
3. Guaranteed release clause
4. Pay or play clause
5. No cross-collateralization / separate “pot” for mastertone, voicetone and DVD monies
6. Tour support / marketing and promotion commitment (videos, etc.)
7. Artist royalty and royalties payable on foreign sales
8. 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 (see handouts for details).
- 360 deals for developing artists
Sample 360 recording agreement included in your purchase (PDF document in zip file).
GUEST SPEAKERS (scroll down for speaker profiles)
Dina LaPolt, Esq. - LaPolt Law LLC
Doug Mark, Esq. - Mark Music & Media Law, P.C.
Lisa Van Zuidam - Chief Financial Officer & Chief Operating Officer, Tenth Street Entertainment and The Eleven Seven Music
WHO SHOULD BUY THIS PROGRAM
Record & Music Publishing Executives
Producers, Artist Managers and Artist Reps
Music Attorneys, Business Managers, Accountants & CPAs
Concert Promoters, Merchandising Executives
Those seeking a record deal for themselves or for clients.
PROGRAM DATE: October 27, 2009.
PROGRAM TIME: 2 hours, 3 minutes, 10 seconds (2:03:10)
DOCUMENTS INCLUDED WITH YOUR PURCHASE (49 pages total):
1. Excerpt from "Meet the Millennial Generation"
2. Important Companies in the Music Business
3. Fact Pattern for Mock Negotiation (deal memo)
4. Dina's Eight (8) MAJOR Areas of Negotiation for Record Deals
5. Types of Multiple Rights Deals
6. Record Royalty / Income Streams Available To The Artist
7. iTunes & Master Tone Royalty Calculations
8. Webcasting Royalties: Interactive vs. Non-Interactive
9. Public Performance Royalties For Internet Licenses
10. Form agreement of 360 recording deal
11. Harry Fox Agency 2009 Rates / Licensing Procedures
12. "Multiple Rights Deals in the US: 360 and Beyond" by Dina LaPolt and Bernard Resnick. Excerpted from Multiple Rights
Deals In the Music Industry, MIDEM International Music Business Conference, Cannes France, January 2009 © International
Association of Entertainment Lawyers. Used by permission.
SOURCES FOR MORE INFORMATION
Tenth Street Entertainment
The Eleven Seven Music Group
LaPolt Law LLC
Mark Music & Media Law, P.C
Call 818-769-7007 begin_of_the_skype_highlighting 818-769-7007 end_of_the_skype_highlighting or contact
ABOUT THE SPEAKERS
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.
Doug Mark, Esq.
For the past 23 years, music attorney Doug Mark has represented all possible entities in the music and film industries
including independent and major record companies, independent and major music publishers, new and superstar recording
artists, record producers, film composers, executives, technology companies and others. Founded in 2007, his firm Mark Music
& Media Law, P.C. has offices in Los Angeles and New York. The firm’s current clients range from pop stars (Sara Bareilles,
Michelle Branch, Jojo and Daniel Powter) to hip-hop stars (The Game, Mims), rock bands (Motley Crue, Lostprophets),
alternative artists (Dashboard Confessional, Tegan and Sara, Ladytron), to film composers (Danny Elfman, Trevor Rabin) and
others. The firm represents some of the biggest indie labels (Epitaph/Anti, 11-7 Recordings) and divisions of three out of
the four major label groups. Other entities receive focus from Mark Music and Media Law as well. Start-ups, financing
companies, management companies, writers, producers and executives all receive the finest advice and documentation from the
firm. Transactions for these companies include equity financing, catalog sales, mergers, employment agreements and
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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