Digital Music Rights Deal Mock Negotiation in LA
Digital Music Rights Deal Mock Negotiation in LA
Join legal experts Andy Koski and Dean Serwin, Esq. and get 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.
With major changes in the digital music licensing landscape, the need for a clear road map when making a deal is needed now more than ever.
Advantages of each type of deal are discussed at this NARIP program, and our experts explain what you need to know. 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.
Get the inside track on major deal points, what they mean and what leverage you have to negotiate the best possible deal. Alsodiscussed: the pros and cons of some of the major digital music services.
- Music Publishing & Record Executives
- Music Library Reps
- Producers, Artists, Artist Managers and Artist Reps
- Music Attorneys, Songwriters & Composers
- Brand Marketing & Creative Executives
- Accountants, Business Managers & CPAs
- Important deal points including ancillary rights, royalty rates for mobile, digital downloads, and interactive streaming services.
- Rights and revenue streams typically included
- What parties enter into digital music license deals?
- Difference between a digital-only deal and a record agreement
- Ancillary rights
- Calculation of royalties and basic revenue-sharing structures: % net, % retail, wholesale vs. retail, “PPD”, “Penny rate”
- Rate, term, marketing guarantees, channel control, guaranteed release
- Fee ranges for various services
- New business models
- The right time to make a deal
- Deals for developing artists
NARIP PROGRAM NUMBER: P299
PROGRAM DATE: Sep 18, 2013 in Los Angeles, CA
PROGRAM TIME: 2 hours, 23 minutes, 21 seconds (2:23:21)
QUESTIONS? Call 818-769-7007 or contact NARIP
SOURCES FOR MORE INFORMATION
42 Revenue Streams
Included in the document bundle for Digital Music Rights Deal:
– Background Information For Negotiation
– Check List of Basic Record Deal Clauses by Dean Serwin & Andrew Koski
– License Rates
– Digital Distribution Deal Checklists courtesy of Jennifer Burke Sylva,
– Checklist of Must-Haves in a Digital Distributor by Jason Kadlec
– Important Metadata courtesy of Steven Corn
– Sample Agreement courtesy of Whitney Broussard, Esq.
Dean Serwin, Esq.
Music & Entertainment Attorney
A graduate of UCLA Law School who began his practice of law in 1990, Dean Serwin works primarily in the entertainment industry. His experience prior to establishing his private practice included working for a sole practitioner with several platinum artists, as head of legal for a film and TV production and distribution, and positions at the Director’s Guild of America, BMI and Capitol Records. Dean has lectured extensively for groups ranging from Art Center film students to Harvard MBA’s and from California Lawyers for the Arts conferences to The Learning Annex. Dean’s Hollywood, CA based solo law practice began in 1994 and serves clients in all areas of the music, film, video, TV, internet and distribution businesses including record labels; music publishers; recordings artists; songwriters; music, television and film producers; managers; television, film and internet production and distribution companies; business executives and consultants; authors, clothing companies, as well as others involved within the entertainment industry. .
Andrew Koski, MBA
Partner, Miller Kaplan, Licensing & Royalties
Andrew Koski is a partner specializing in royalty and participation inspections for licensing, royalties, profit participation and contract compliance for film, television, music, consumer products and multimedia. He is a contributing author to an authoritative licensing guide, and instructs classes and speaks on emerging issues related to royalties and production accounting. His professional background includes considerable in-house and consulting experience with entertainment studios and networks. Andrew served as an Audit Director for an international television producer, where he was responsible for all first-run and cable accounts receivable billing, worldwide production bank reconciliations, operational inspections of productions, and all guild-related PH&W contribution issues. He was also an Audit Manager for a major television network where he supervised cost compliance inspections and led the response to the AMPTP’s survey quantifying the overall revenues and expenses for all programs. In addition, Andrew’s special projects included the analysis of foreign tax incentives, distribution acquisitions, development costs and production overhead. Before joining the entertainment and accounting industries, Andrew had a successful career in shipping, during which he received the U.S. Coast Guard designation Master Oceans Unlimited Tonnage and an endorsement as a First Class Pilot.
Program Music Courtesy of Sparks & Silouhettes
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 email@example.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.