Independent Distribution Deal Negotiation

Independent Distribution Deal Negotiation

$39.95

In this session of NARIP’s Art of the Music Deal series, hear Eric Lemasters and Jay Rosenthal, Esq.face off in a live negotiation of a independent distribution agreement. Get the inside track on major deal points, what they mean and what leverage you have to negotiate the best possible deal.

PROGRAM DESCRIPTION

In this session of NARIP’s Art of the Music Deal series, hear two experts face off in a live negotiation of a independent distribution agreement. Get the inside track on major deal points, what they mean and what leverage you have to negotiate the best possible deal.

Most importantly, NARIP’s program shows you HOW an independent distribution deal is negotiated and be involved in the process.

  • Artist Managers, Producers & Artist Reps
  • Record & Music Publishing Executives
  • Concert Promoters, Agents, Tour Managers
  • Anyone seeking to create or enhance a music marketing plan or campaign using social media.
  • Term of agreement
  • Territory of distribution
  • Options for renewal and termination of agreement
  • Upstream or downstream requirements
  • Digital rights
  • Distribution fees
  • Minimum release requirements
  • Breach of agreement clauses
  • Obligations of both parties
  • Consignment Terms
  • Retail Pricing and Terms of Sale
  • Retail Discounts for new releases and catalog titles
  • Co-op Advertising
  • Exclusivity with regard to classes of trade (Web sites, non-traditional retail, online fulfillment, digital downloads)
  • Terms of Payment
  • Return Reserves
  • Return privileges/returns credits (ARP – Average Returns Pricing)
  • Freight responsibilities
  • SoundScan accessibility
  • Administration and other fees
  • Liquidation of label negative balances upon termination of agreement
  • Terms of termination of agreement

NARIP PROGRAM NUMBER: P197
PROGRAM DATE: March 19, 2008 (in New York City)
PROGRAM TIME: 2 hours 25 minutes (145:00)
QUESTIONS? Call 818-769-7007 or contact NARIP
SOURCES FOR MORE INFORMATION
NARIP

ERIC LEMASTERS

Eric Lemasters is VP of Business Development at KOCH Entertainment Distribution. He is responsible for cultivating new physical and digital distribution agreements and maximizing the company’s digital audio and video initiatives. A seasoned music industry professional, Lemasters’ career highlights include working in key roles ranging from A&R to Sales and Marketing at independent labels such as Energy Records, Mechanic Records and Earache Records. In 1998, he launched his own cutting-edge music label, The Music Cartel, which is still active today. In 2003 he entered the world of merchandising with stints at Merchdirect, Blue Grape Merchandising, and most recently, Bravado Merchandising (a division of the Sanctuary Group), where he held the position of Head of New Media and ran the company’s E-Commerce and M-Commerce initiatives.

JAY ROSENTHAL, ESQ.
Jay Rosenthal is a partner with the Washington, D.C. law firm of Berliner, Corcoran & Rowe, LLP. Mr. Rosenthal’s former and present clients include The Recording Artists’ Coalition, SoundExchange, AFTRA, Thievery Corporation, ESL Music, Drake-Web Records, Mya, Salt N Pepa, DJ Kool, SEV, Sweet Honey in the Rock, Jonathan Edwards, Toshi Reagan, Jimmies Chicken Shack, Mary Chapin-Carpenter, Rare Essence, Bill Kirchen, Butch Cassidy, Riot Act Entertainment, VGR Records, Lloyd Dobler Effect, radio personalities Albie Dee, Mark Kaye, and Bill Curry, comedian Robert Schimmel, monument maker/sculptor Robert Berks, and professional wrestler David “Batista” Bautista.

Mr. Rosenthal is a Professorial Lecturer in Entertainment Law at the George Washington University Law School and is an Adjunct Professor of Entertainment Law at the Washington College of Law at American University. Mr. Rosenthal is a former Sound Exchange Board Member and is presently the Chairman of the SoundExchange Artist Advisory Board. He is a former Copyright Examiner with the U.S. Copyright Office, a Vice?president of the Washington Area Music Association, and an Advisory Board Member of the Songwriter Association of Washington.

Mr. Rosenthal has authored numerous articles on entertainment law and intellectual property, and is a periodic contributor to Billboard and other industry newsletters and journals. He is a Contributing Editor to the journal Entertainment Law & Finance. He has lectured extensively across the country on entertainment industry topics.

Mr. Rosenthal received an Undergraduate Degree in History and a Masters Degree in International Affairs from The American University, a Juris Doctor Degree in Law from The Antioch School of Law (Editor, Antioch Law Journal), and a Master of Law Degree in International and Comparative Law from Georgetown University Law Center.

 

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Program Music Courtesy of Sparks & Silouhettes
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LEGAL LANGUAGE & END USER LICENSE AGREEMENT: The National Association of Record Industry Professionals ("NARIP") holds the copyright on our audio and video programs, photographs and written materials. You may not photocopy or otherwise duplicate or redistribute written materials or audio or video content, or any content whatsoever, from NARIP programs without prior written permission from NARIP. (c) NARIP 2019, all rights reserved. NARIP grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying audio(s), video(s), photo(s) and / or document(s) (collectively, "NARIP Media") subject to the following restrictions: This license is for personal use only. Personal use means non-commercial use. NARIP Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration or tuition. NARIP Media may not be used in advertising. NARIP Media may not be resold, re-licensed, or sub-licensed without prior written authorization. Title and ownership, and all rights now and in the future, of and for NARIP Media remain exclusively with NARIP. There are no warranties, express or implied. NARIP Media are provided 'as is.' Neither NARIP, its officers, contributors of accompanying materials nor guest speakers will be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of NARIP Media. NARIP Media may not be distributed within or outside of any organization, including at schools and universities. For licensing inquiries, please call 818-769-7007 or email info@narip.com with "License Request" in the subject line. DISCLAIMER The information contained in the foregoing materials is provided solely for educational and general information purposes and shall not be deemed legal or accounting advice, or a solicitation for business by NARIP or any of the attorneys, CPAs or other certified professionals who present information at NARIP programs. NARIP and all such speakers shall not be liable for any damages resulting from the use of such information contained in these materials. Neither the presentation nor receipt of the foregoing materials creates an attorney?client or CPA-client relationship. In addition, please note that the information provided in the foregoing materials may not reflect the most current developments in the law and accounting, and are general in nature and, accordingly, said information should not be relied upon or construed as legal or accounting advice, and is not a substitute for obtaining legal advice from an attorney or accounting advice from a CPA licensed in your state. Some NARIP programs may use fictional situations for illustrative purposes only. NARIP assumes no liability or responsibility for any errors or omissions in the contents of the foregoing materials.