Digital Music License Deal Mock Negotiation in SF

Digital Music License Deal Mock Negotiation in SF


In this NARIP audio program, David Kostiner, Esq. and Whitney Broussard, Esq. explain what you need to know about digital music license deals. They then face off in a live mock negotiation of key deal points and contractual issues that affect a rights holder’s options and income. These experts give listeners the inside track on major deal points, what they mean and what leverage you have to negotiate the best possible deal. Also discussed: the pros and cons of some of the major digital music services.



In this NARIP audio program, two attorneys explain what you need to know about digital music license deals. They then face off in a live mock negotiation of key deal points and contractual issues that affect a rights holder’s options and income. These experts give listeners the inside track on major deal points, what they mean and what leverage you have to negotiate the best possible deal. Also discussed: the pros and cons of some of the major digital music services.

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, hear HOW a digital music license deal is negotiated in this NARIP audio program.

  • Artist Managers, Producers & Artist Reps
  • A&R, Artist Development and Marketing Executives
  • Music Services Executives, Entrepreneurs and Rights Holders
  • Record, Distribution & Music Publishing Executives
  • Music & Entertainment Attorneys
  • Anyone seeking digital music licensing opportunities.
  • Digital Music Services Master License Form
  • Background Information For Negotiation
  • License Rates
  • Digital Distribution Deal Checklists courtesy of Jennifer Burke Sylva, Esq.
  • Checklist of Must-Haves in a Digital Distributor by Jason Kadlec
  • The Distribution Players – Digital by Rich Masio
  • Important Metadata courtesy of Steven Corn
  • Other NARIP Programs of Interest
  • Executive Profiles

PROGRAM DATE: April 25, 2012 om San Francisco, CA
PROGRAM TIME: 2 hours, 15 minutes, 52 seconds (2:15:52)
QUESTIONS? Call 818-769-7007 or contact NARIP
Counsel LLP
Michael Brandvold
Radical FM

Whitney Broussard, Esq.

Whitney Broussard is an attorney based in the San Francisco Bay Area who focuses his practice on digital media law. Prior to returning to the Bay Area, he was a partner at the law firm of Selverne, Mandelbaum & Mintz, LLP in New York. He began his career in the Business Affairs Department of Capitol Records, Inc. in Los Angeles. Mr. Broussard has worked with numerous high profile corporate clients, such as MOG, RealNetworks, Verizon Wireless, Motorola, AMI Entertainment, The National Geographic Society, MTV Networks, Virgin Records, 19 Entertainment (American Idol), Kobalt Music Publishing, Songs Publishing and Caroline Distribution, as well as marquee artists such as Ludacris, The Wu-Tang Clan, N.E.R.D/The Neptunes, The Fugees, Wyclef Jean, Motley Crue, Gov’t Mule, Jessica Simpson and Third Eye Blind. Mr. Broussard has spoken at a variety of venues, including the New York State Bar Association’s Antitrust Division, New York University, Duke University, Georgetown University, Hastings Law School, Loyola University of New Orleans, The University of New Orleans, New York Law School, the Future of Music Policy Summit, SF MusicTech and SF Music Start Up Academy, and been quoted widely in the press regarding digital media and music industry issues. Mr. Broussard is the author of the The Promise and Peril of Collective Licensing, first published in Journal of Intellectual Property Law, and Current and Suggested Business Practices for the Licensing of Digital Samples, first published in the Loyola Entertainment Law Journal. Mr. Broussard may be contacted at WhitneyBroussard AT Gmail DOT com.

David Kostiner, Esq.

David Kostiner is a founding partner of Counsel LLP, a boutique entertainment law firm based in San Francisco, an Adjunct Professor of Entertainment Law at the University of California Hastings College of Law, and co-Founder of First Global Micro Consultants, a digital media metadata translation company. David began his career as a professional musician drumming in jazz clubs, later joining DreamWorks artist Creeper Lagoon and recording with Matt Nathanson and Patrick Park, among many others. He later co-founded the Independent Online Distribution Alliance, was the sponsorship director for the Noise Pop Music Festival, managed internationally-known artist Rogue Wave and was an associate in the San Francisco office of Davis Shapiro Lewit and Hayes, LLP. In addition to his law practice representing, artists, labels, festivals, writers, publishers, investors, managers, producers and executives, David consults for the government of the Philippines and for various multinational projects. David frequently appears as a panelist and public speaker, and has been published by the Hastings Communications and Entertainment Law Journal and the Santa Clara High Technology Law Journal. David’s education includes a J.D. from Hastings College of Law, a B.A. in Psychology from Tufts University and studies at the New England Conservatory of Music, Boston University’s Tanglewood Institute and the Interlochen Arts Academy.

Michael Brandvold, NARIP Board Member, Michael Brandvold Marketing

Michael Brandvold is a freelance music industry consultant based in Northern California. Having launched Michael Brandvold Marketing to leverage his years of experience to provide direction to large and small clients in the areas of online & social marketing as well as e-commerce and customer acquisition and retention. Gene Simmons of KISS first tapped Michael’s skills as a pioneering online marketing strategist to launch and manage all aspects of’s multi-million dollar enterprise, including their ground-breaking VIP ticket program. Michael has also managed the online efforts for Motley Crüe, Rod Stewart, Madonna, Ozzy Osbourne, and Britney Spears to name only a few.

Program Music Courtesy of Sparks & Silouhettes


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