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, 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.)

NARIP PROGRAM NUMBER: P115
PROGRAM DATE: July 21, 2010
PROGRAM TIME: 2 hours, 20 minutes, 14 seconds (2:20:14)
QUESTIONS? Call 818-769-7007 or contact NARIP
SOURCES FOR MORE INFORMATION
Minter & Associates, LLC
NARIP
Greenberg Traurig

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).