360 Record Deal: Cooperman, Hunter, White in New York

360 Record Deal: Cooperman, Hunter, White in New York


M. James Cooperman, Esq. (left), J. Reid Hunter, Esq. and Emily White 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.



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, 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.

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.

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

  • 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.)

PROGRAM DATE: April 19, 2012 in New York
PROGRAM TIME: 2 hours, 8 minutes, 22 seconds (2:08:22)
QUESTIONS? Call 818-769-7007 or contact NARIP
Readymade Records & Publishing
Serling, Rooks, Ferrara, McKoy & Worob, LLP
Whitesmith Entertainment

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. (panel moderator)
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.

Program music courtesy of The G-Man (Golosio Music Publishing, BMI)



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