PROGRAM DESCRIPTION

With declining record sales, the focus on placing music in film, TV and other media has skyrocketed. Placements are the new coin of the realm, and in this latest of NARIP’s “Art of the Music Deal” series, three experts face off in a live negotiation of key deal points and contractual issues in a music license agreement. Also discussed: marketing music for film and TV to make it more attractive to buyers, where to find them and how to put yourself in line for the most favorable possible deal. 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 license deal is negotiated and be involved in the process.

Get educated about the art of deal-making!

In Los Angeles

John Houlihan, Music Supervisor, Houlihan Film Music, Inc.
Anita Rivas, Esq., Walner & Rivas
Tom Rowland, Senior VP Film & TV Music, Universal Music Enterprises

In New York

Steve Gordon, Esq., Entertainment Attorney
Steve Lurie, Executive Director NARIP New York, President Music Without Borders
Sara Matarazzo, Executive Producer & Music Supervisor, Search Party Music
Leah Streetman, Sr. Director, Strategic Alliances / Film & TV, Universal Motown Republic Group
Kevin M. Wilson, Director of Music, ESPN

In Houston

Erin Rodgers, Esq., Music Attorney, Texas Accountants and Lawyers for the Arts
Barry Coffing, CEO & Founder of Musicsupervisor.com and Uprising Entertainment, and Director of NARIP Houston

In Phoenix

Michael Davenport, CEO, Expressive Artists
David Hilker, CEO, Whirled Music Publishing, Inc.
Cindy Rosmann, Owner, Fuze Artz LLC
Les Scott, Director of Catalog Licensing, Source Q Boutique and NARIP Phoenix Director

Producers, Artist Managers and Artist Reps
Record & Music Publishing Executives
Music Attorneys
Those seeking music placement opportunities

The right time to make a deal.

Major areas of negotiation, including:

• Terms
• Options
• Fee ranges
• Deliverables
• Clearances
• Things to avoid
• Closing the deal

Sample license agreement included in your purchase (PDF document with zip file).

Also:

• Case studies: what works, what doesn’t and why
• Making the pitch: necessary elements
• Timing
• What music buyers such as music supervisors really look for
• How to increase the impact and marketability of music

NARIP PROGRAM NUMBER: B022
PROGRAM DATES: March 23, 2010 in Phoenix; August 20, 2009 in Houston; September 16, 2009 in Los Angeles; September 22, 2009 in New York.
COMBINED PROGRAM TIME: 8 hours, 48 minutes, 57 seconds (8:48:57)
FILE SIZE: 224 MB
HANDOUTS 47 pages total, note that some items are duplicated):

• Glossary of Terms
• Important Deal Points
• List of Music-Film Web Sites
• NARIP’s Useful Music-In-Film Resources
• Sample collaboration co-publishing agreement
• Sample cue sheet
• Sample license agreement
• Sample master use agreement
• Sample master use synch license agreement
• Sample performance agreement

 

SOURCES FOR MORE INFO

www.musicsupervisor.com.com
www.talarts.org
www.espn.com
www.searchparty-music.com
www.stevegordonlaw.com
www.umusic.com

John Houlihan

Music Supervisor

Houlihan Film Music, Inc.

John Houlihan’s select music supervisor credits in film include Fame, The Love Guru, Get Rich Or Die Tryin’, Charlotte’s Web, Nacho Libre, Miss Congeniality 2: Armed & Fabulous, Charlie’s Angels: Full Throttle, Austin Powers in Goldmember, Training Day, Charlie’s Angels, Austin Powers: The Spy Who Shagged Me, Austin Powers: International Man of Mystery, Mr. Holland’s Opus

Anita Rivas, Esq.

Walner & Rivas

Anita Rivas is a partner in the entertainment law firm Walner & Rivas. She has represented a variety of clients including independent labels such as Kung Fu Records (Blink 182), Hopeless Records (Avenged Sevenfold, Thrice), Fearless Records (Plain White Ts), Smartpunk and recording artists such as The Vandals, Anti Flag, Pennywise, The Aggrolites and Finch, and individuals such as Robert Trujillo (Metallica), Kim Deal (The Pixies, The Breeders), Josh Freese (Sting, Nine Inch Nails), Dustin Hawthorne (Hot Hot Heat), Warren Fitzgerald (Gwen Stefani), Taku Hiranu (Bette Midler, Fleetwood Mac), Brooks Wackerman (Bad Religion, Tenacious D.), Joe Escalante (Indie 103 radio personality), Moss Jacobs (Bob Marley Days, Santa Barbara Bowl), Kevin Lyman (Van?s Warped Tour & Taste of Chaos owner/concert promoter), Elijah Wood and Chad Gilbert (Newfound Glory). Ms. Rivas has consulted major corporations including Sears, Levis, NBC Universal and Sole Technology on digital rights, asset management and music licensing.

Ms. Rivas is currently involved in negotiating and securing various cutting-edge deals including major label multiple income stream (?360?), singles, Myspace marketing and corporate-sponsored record deals, along with licensing on all sides for films, video games, home video and television. She is production counsel (including all music clearance) and associate producer of the Van?s Warped Tour 2007 LIVE! DVD, and music supervisor and music legal counsel for “Endless Bummer,” a Kevin Lyman production, just released through National Lampoon. The soundtrack features Katy Perry, Blink 182 and Joan Jett. Other clients include the sold-out J Rock Festival produced by Yoshiki (9 bands from Japan), the US Taste of Chaos Tour (3 bands from Japan) and M.I.A. (UK), and various entertainment executives.

Ms. Rivas has been featured expert and quoted on the front page of the Wall Street Journal on label bidding wars, in USA Today, the Bay Guardian, The SF Weekly and in other news media. Recently she was quoted in the LA Times on her involvement with developing artists in the Los Angeles independent music scene. Ms. Rivas has produced artist showcases for NARAS, ASCAP and BMI. A frequent guest at music conferences nationwide, she has appeared as moderator or guest speaker at SXSW, CMJ, NXNW, NARIP, EAT’M, IPELS (LACBA), ASCAP, NARAS and the DIY Convention which she co-founded in 2000 with USA Today journalist and author Bruce Haring.

Ms. Rivas has written numerous articles about performance rights in sound recordings, the Audio Home Recording Act and US copyright law, and testified on behalf of rights holders during the NII hearings held by the Clinton Administration in the early ?90s. She is a UCLA Law School graduate and clerked at the US Copyright Office, Rhino Records, Capitol Records and The City Attorney?s Office of San Francisco. A former concert promoter (Bill Graham Presents, The I Beam, The Edge and The Kennel Club), Ms. Rivas has produced many special events for political and charitable causes.

 

Tom Rowland

Senior VP Film & Television Music

Universal Music Enterprises

Tom began his music career as a recording artist and songwriter before starting an indie label in his hometown of Washington, D.C., where he also wrote a music column for the Washington City Paper. His day job was in political public relations and among his clients were Senator Bob Dole, Vice President George Bush, Philip Morris USA and the Distilled Spirits Council.

After relocating to Los Angles, he was hired by the Warner Music Group as a Film & TV Music executive. Tom was then recruited to join MCA Records after its acquisition of Geffen Records and managed to survive the four or five mergers that ultimately led to the formation of the Universal Music Group. He has served as head of the Film & TV division of UMG since 1991.

Tom serves as Rob Zombie?s music supervisor (Halloween, Halloween II, The Devil?s Rejects) and has produced many soundtrack albums. He recently produced, mixed and engineered the first posthumous Michal Jackson release, The Stripped Mixes, which charted in the top ten digitally, and has been in Billboard?s top 100 for several weeks.

Tom is a graduate of William & Mary, where he studied philosophy and shared a bathroom with John Stewart.

 

In New York

Steve Gordon, Esq.

Entertainment Attorney

Steve Gordon is an entertainment attorney and consultant based in New York City specializing in the production, distribution and financing of music, television, documentaries, feature films, and digital entertainment projects. He also operates a music clearance service for producers, filmmakers, and labels for use of music in feature films, documentaries, concert programs, DVDs, audio compilations and ringtones. He is author of the book titled “The Future of the Music Business: How to Succeed with the New Technologies, A Guide for Artists and Entrepreneurs.” (Hal Leonard 2008.)

Steve?s clients include artists, independent music and TV producers, digital entertainment entrepreneurs as well as major labels and multinational entertainment corporations. Steve won a Fulbright Scholarship to lecture on entertainment and copyright law and was a visiting scholar at Bocconi University in Milan, Italy in fall 2007. You can tune into MyRealBroadcast.com to listen to his Internet radio show on the music business. Steve has also served as an Adjunct Professor at the New School, an Instructor at CUNY Graduate Center and recently moderated seminars at Columbia Law School, the Wharton Business School, and was a speaker at entertainment conferences in Denmark, Belgium, Bahamas and South Korea. From 1991 to 2001 Steve served as an attorney and Director of Business Affairs at Sony Music (TV/Video). Prior to Sony, Steve worked at Dino Di Laurentiis, a movie studio in Hollywood, and a music publishing company, SESAC, in New York. Steve is a graduate of New York University School of Law and a member of the NYC Bar Association.

Sara Matarazzo

Music Supervisor

Search Party Music

A passion for film, a proven track records in the world of advertising, a curiosity to explore new forms of media, and over a decade spent as a prominent DJ on the international dance music scene make Matarazzo a standout member of Search Party Music. She most recently music supervised Thomas Campbell’s anticipated new film, The Present and worked with renowned artists Steven Merritt and Britta Philips to re-record a Magnetic Fields track, giving life to the widely acclaimed Puma Spot, LIFT.

Matarazzo has been praised for her deep musical knowledge and background in the indie and major label music scene, having spent her DJ years working with such influential labels as Celluloid Records / Subharmonic Records, Liquid Sky Music and Satamilie Records. For fashion designer Issey Miyake, Matarazzo created a musical brand through custom-made compilations to be played in retail stores. She also created a music retail component for the Final Home division of the brand. Prior to joining Search Party, Sara was a music producer at Ogilvy & Mather, New York where she actively worked on a long line of A-level brands including American Express, Motorola, DHL, Unilever and Fanta. While at Ogilvy, one of Sara’s notable American Express spots, a joint effort with Search Party and director Wes Anderson, took home numerous awards, including a Gold Effie, a Silver Andy, and two AICP Awards for Visual Style and Advertising Excellent, In addition to working on commercial projects, Sara served as music supervisor on films such as The Doorman, Murder Party (2007 Slam Dance feature film winner) and Superheroes, a film by director Alan Brown.

Leah Streetman

Senior Director,Strategic Alliances/Film & TV

Universal Motown Republic Group

As Senior Director of Strategic Alliances/Film & TV, Leah Streetman is responsible for music placement in film and television of Universal Motown Republic Group’s current releases. Working with artists like Amy Winehouse, Mika, Lil Wayne, Kid Cudi, Colbie Caillat, Tori Amos, Florence & The Machine, Kaiser Chiefs, India.Arie, and Akon, Ms. Streetman helps gain exposure for them by securing placements in films, trailers, network promos, and shows such as 90210, Grey’s Anatomy, Gossip Girl, CSI, One Tree Hill, Dancing With The Stars, The Hills, and Entourage.

With over 17 years experience in the music and entertainment industry, Ms. Streetman’s background is diverse. Prior to joining UMRG, she was the Director of Licensing at BZ Rights, where she consulted on all types of advertising/film/tv/broadway projects using properties ranging from Beatles, Bon Jovi, and Squeeze to Frank Sinatra, Gene Simmons, Miles Davis, and Bob Dylan. She has been an artist manager and founded an independent music publishing company. Starting her career as a performer led her to

become a director and producer of live events. As Producer of Music Programs at Symphony Space on the Upper West Side, she served as dept head and produced blues festivals, rock/jazz/orchestral concerts, as well as an annual 12-hr music marathon that featured over 300 artists and was broadcast live on the radio.

Universal Motown Republic Group is a division of Universal Music Group, the world’s largest music company with wholly owned record operations or licensees in 77 countries.

Universal Music Group consists of record labels Decca Music Group, Deutsche Grammophon, DreamWorks Nashville Records, Interscope Geffen A&M, Geffen Records, Island Def Jam Music Group, Lost Highway Records, MCA Nashville, Mercury Nashville,  Mercury Records, Philips, Polydor, Universal Music Latino, Universal Motown Records Group and Verve Music Group as well as a multitude of record labels owned or distributed by its record company subsidiaries around the world. The Universal Music Group owns the most extensive catalog of music in the industry, which is marketed through two distinct divisions, Universal Music Enterprises (in the US) and Universal Strategic Marketing (outside the US). Universal Music Group also includes eLabs, a new media and technologies division.

Universal Music Group is a unit of Vivendi Universal, a global media and communications company.

Steve Lurie

President, Music Without Borders

Executive Director, NARIP New York

Steve Lurie is Executive Director of NARIP?s New York chapter. He is also founder and president of Music Without Borders, LLC, and draws on more than 20 years of experience in the music industry as a concert producer, professor, performer, lecturer, retailer and columnist. Since 2003 he has produced more than 3500 concerts by artists from around the world for venues throughout the United States. As an educator, Mr. Lurie developed the Music Business Certificate for the School of Continuing and Professional Studies and taught “Developing Your Own Record Label”
from 2000-2005. He was a faculty member at the University of Hartford?s Hartt School of Music from 1999-2004 where he taught courses in music business and music management. He was also hired to develop a music business program at The New School in New York. Mr. Lurie has lectured on music industry issues throughout the US, Canada and Europe. In 1998, Lurie was invited to keynote at WOMEX (Worldwide Music Expo) in Stockholm, Sweden on the topic of record retail in the United States. In February of 2005 he presented several lectures on music publishing and copyright at the Folk Alliance/Strictly Mundial Convention in Montreal. In January of 2006 he presented a lecture on independent record retail and distribution at MIDEM in Cannes, France. Recently, Lurie was asked to be a Grant Reviewer for the Connecticut
Department of Culture and Tourism, an honor that is only bestowed upon the most distinguished members of the arts community. As a percussionist, Mr. Lurie has performed with pop, jazz, world music and classical ensembles throughout North America, Europe and Asia. As VP and Co-Owner of Al Franklin?s Musical World in Greenwich, CT, Mr. Lurie helped build one of the finest and most highly regarded music and electronics retailers in the U.S.

Kevin Wilson

ESPN Music Director

Kevin Wilson is ESPN Music Director, promoted over the years from his position as temp hired to type cue sheets. His responsibilities include overseeing Sound Design for many of ESPN’s shows including Sportscenter, ESPNews and Monday Night NFL, record company relations, commissioning original music cues for a wide variety of uses on the ESPN network, securing pre-recorded music, negotiating licenses, overseeing all clearances, etc. He holds a BS in Sound Recording from the University of New Haven and a Masters in Music Business from University of Miami. A native of Bristol, Connecticut he married a Bristol Girl Terry and has two great rocker sons Donovan (10) and Dylan (6). Kevin runs Metal Health, a benefit organization that raises money for the Connecticut Children’s Hospital through Hard Rock Concerts. He values friendship, relationships, and family. Favorite quotation: “Shuffling old music does not make it new.”

In Houston

Barry Coffing

President & Founder, MusicSupervisor.com

Executive Director, NARIP Houston

Mr. Coffing is CEO and Founder of MusicSupervisor.com and Uprising Entertainment. A 20-year industry veteran with major credits to his name, he is an Emmy-nominated composer and was signed to Warner Bros. Records in the 1990s. He has written hit songs that have charted around the world, including the #1 “I’ll Come Back To You.” He won Best Producer of the year at the Beverly Hills Film Festival in 2003, and has written and produced over 200 songs in film and TV including #1 hits and gold-selling soundtracks. He has worked with almost every major film company and television network. His knowledge of both sides of the licensing equation led him to create MusicSupervisor.com which has been used to find music for projects including Dexter, Ugly Betty, Burn Notice, Blonde Ambition, Lost, Love Kill, License to Wed, Swing Vote, Real Girl, Assassination of a High School President, Sexual Healing, Invincible, The Unit, Direct Contact and others. Barry has lectured on the music business at USC, Vanderbilt and The University of Houston.

With his professional relationships, especially at major film companies and TV networks on both coasts, and a strong background in the business as an executive and successful composer / artist, Mr. Coffing is uniquely positioned to help NARIP members identify opportunities in film and television, and to create and sustain long-term careers in the music business today.

Erin Rodgers, Esq.

Erin Rodgers is currently the staff attorney for Texas Accountants and Lawyers for the Arts, and also works with the Law Office of Al Staehely. Erin earned her law degree from the University of Houston, after obtaining a bachelor’s degree in music business from Loyola University New Orleans. Erin specializes in legal issues pertaining to the music industry, and has given many lectures on the topic of copyright and trademark law for musicians, artists, and filmmakers. Aside from being a lawyer, Erin is also a classically trained musician (clarinet). She’s also a singer and guiarist in the band Kennedy Bakery.

In Phoenix

 

Michael Davenport

CEO

Expressive Artists

Michael Davenport started his career in film at the age of 14 working as an assistant to notorious director Sam Peckinpah on the set of Convoy. After similar stints with directors Sam Fuller (The Big Red One) and Mark Robson (Avalanche Express) he graduated high school in New Mexico and moved to Los Angeles to work for television producer Tom McDermott (Four Star Entertainment) on the CBS movie Mazes & Monsters starring Tom Hanks. When McDermott ventured into television syndication, Michael followed him to Southbrook Entertainment where properties included Lassie and The Lone Ranger series.In 1987, Michael?s lifelong interest in music brought him to the world of recording working with rock acts Ozzy Osbourne, Scorpions, Whitesnake, Eddie Money and Emerson, Lake & Palmer while managing record producer Keith Olsen?s (Fleetwood Mac, Pat Benatar, Foreigner) Goodnight L.A. Studios in Los Angeles. This eventually led to management of recording artists and world-class record producers. Since that time Michael has secured recording and publishing contracts for numerous artists and received more than 150 gold and platinum sales awards for his participation on albums by Santana, Guns ?N? Roses, Blue Man Group, David Bowie, Slipknot, AC/DC, Ricky Martin and the motion picture soundtracks for 8 Mile, American Pie, Armageddon, City of Angels, Spawn, The Scorpion King, I Am Sam, The Matrix Reloaded and South Park. His producer/engineer clients have received numerous Grammy awards and nominations. Michael recently added the title music supervisor to his career credits with the upcoming films Adventures of a Teenage Dragonslayer and Intrepido. Michael lives in New Mexico where he owns and operates Expressive Artists, a full-service music supervision and management company. Michael is available for private consultation. Contact: 505-266-7000

David Hilker

CEO

Whirled Music Publishing, Inc.

Music industry veteran David Hilker is co-founder and CEO of Whirled Music Publishing, Inc. WMP?s core business is licensing its content to the television, film and advertising industries. The company generates thousands of placements yearly via relationships with key decision makers. Select 2010 credits include: Television – Cold Case (CBS), Accidently On Purpose (CBS), How I Met Your Mother (CBS), Brothers & Sisters (ABC), The Middle (ABC), Dollhouse (Fox), Parks & Recreation (NBC), One Tree Hill (WB), Sons Of Tucson (FX), Psych (USA), Crash (Starz), Bloodletting & Miraculous Cures (HBO), Tool Academy (VH1), E! True Hollywood Story (E!). Independent film – Remember Me, The Irishman, The Art of Stealing. Advertising – Comcast Cable, Down Under Chardonnay, Denny’s and Bud Light.

Cindy Rosmann

Owner

Fuze Artz LLC

Cindy Rosmann founded Fuze Artz in 2007 on the heels of a decade at Groove Addicts where she built the company’s music publishing and licensing division. Returning to her entrepreneurial roots, she now integrates talent and publishers that span the globe into her new venture and produces brand-specific audio strategies for film, TV and new media. Collaborating with top media clients and music labels, Fuze Artz creates solutions for the content and delivery issues facing today’s entertainment marketers and music publishers. Focusing on new media and technology that provides artists, music publishers and composers with strategies to market digital content in a multi-platform world, Fuze Artz also creates original music for network branding, promos, trailers, main titles, IDs and entertainment plus music licensing, music supervision, clearance and sonic branding. Rosmann served as VP and General Manager at Groove Addicts, overseeing and expanding the company?s licensing and publishing division domestically and in the 30 countries where its music is distributed. Joining the company in 1997, Rosmann grew the division?s revenue at a rate of 40% annually until 2001. Responding to the challenges of the dot.com bust, SAG strike and 9/11, Rosmann aggressively launched niche product lines generating multiple revenue streams and turned her attention to getting music on the Web. This strategy worked to dominate market share in a crowded field of music publishers vying for this business. Rosmann was responsible for acquiring content, continually expanding the catalog?s reach into foreign markets which included attracting representation in North America of music from top publishers from around the world. Managing the sales and support staff, Rosmann also worked closely with recording and performing artists. This included bringing new and emerging talent to the company roster, and producing and packaging music for motion pictures, two soundtracks, trailers, video games and advertising campaigns, music libraries and original scores for spots and promos. In the last decade, Rosmann immersed herself in new technologies in an effort to protect copyright assets and provide clients with music in an increasingly digital world. This included using audio watermarking, digital royalty streams, meta-data encoding, retooling and launching the company?s interactive Web sites and bringing new catalogs, like the trailer composer scoring series FULLTILT, to market. Rosmann came to Groove Addicts from a career in public relations and marketing, previously owning and operating her own consulting firm. Her background includes extensive work for cable industry clients such as Lifetime Network and the NCTA. Rosmann is a member of ASCAP, BMI, SESAC performing rights organizations; PROMAX, an international organization providing education, recognition and interaction for promotion, marketing and design professionals in electronic media; NATPE, National Association of Television Program Executives; AIMP, Association of Independent Music Publishers; CCC, California Copyright Conference; I3DS, a new international 3D Society formed by John Landau, Jim Chabin and Jeffrey Katzenberg to advance the achievement of professionals working in the arts and technologies of Steroscopic 3D. Rosmann is very active locally in the arts community, serving as Chairperson of the Santa Monica Malibu Unified School District Visual & Performing Arts Advisory Committee and working in support of the District?s FOR THE ARTS endowment. Recent highlights include creating new Promo IDs for the Bravo network launching a new web music search engine; placing ?Beautiful Tree,? a song from the Fuse Artz Artistz catalog as the Main Title Theme for the CBS/Warner Bros new show, “Life Unexpected” premiering airing on The CW Network; ?Devisitate? from Game Time Glory: The Next Season licensed for the ?Clash of the Titans? trailer campaign, due to hits US theaters nationwide in March 2010, plus numerous game, advertising and TV show custom scores and song placements.

Les Scott

Director of Catalog Licensing, Source Q Boutique

NARIP Phoenix Director

Les Scott is a veteran of the music industry and is uniquely positioned to help NARIP members in Phoenix identify opportunities within this business. His publishing company Source Q Boutique specializes in music placement in film & television, and currently represents over 350 writers/artists. SQB is exclusively marketed through its alliances Crucial Music Group, Fuze Artz and Expressive Artists. Mr. Scott consults on intellectual property and other legal matters such as band agreements, record contracts, writer collaborations, performance releases, cue sheets and other custom agreements. As a producer, he is commissioned to write and produce songs for such companies as BMG, FirstCom, Universal Music Group and Network, and has produced over 125 artists/bands in all genres. He knows the current buyers of music and what type of music is in demand. With his hands-on practical knowledge of how music makes money, Mr. Scott understands the marketplace and can offer insight to writers and artists on what they need to know. Mr. Scott is available for private consultation. Contact: lesscott@fastq.com or 480-585-2554.