PROGRAM DESCRIPTION

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. Also discussed: 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: P305
PROGRAM DATE: Oct 16, 2013 in Atlanta, GA
PROGRAM TIME: 1 hour and 35 minutes (1:35)
QUESTIONS? Call 818-769-7007 or contact NARIP
SOURCES FOR MORE INFORMATION
The Entertainment Law Group, Alan S. Clarke & Associates
SAE Institute Atlanta
42 Revenue Streams
NARIP

Alan S. Clarke, Esq.
Music & Entertainment Attorney

Mr. Clarke is past Chair of the Entertainment and Sports Law Section of the State Bar of Georgia and past chair of the Southern Regional Entertainment and Sports Law Seminar, an annual event for entertainment and sports attorneys which has been held in locations such as Curacao, Cabo San Lucas, Mexico and Puerto Rico. He is also a member of Georgia Lawyers for the Arts (?GLA?) and has served as Chair of the Entertainment Law Institute which GLA sponsors with Emory University School of Law. Mr. Clarke is a member of NARAS (the Grammy organization) and NATAS (the Television Academy), and is a Fellow of the Lawyers Foundation of Georgia, an organization of attorneys selected from 3% of the Georgia State Bar membership ?whose public and private careers demonstrate outstanding legal abilities and a devotion to their communities.?

Mr. Clarke is also a former member of the Tennessee bar. He lectures frequently on entertainment industry and intellectual property issues before groups such as the Gospel Music Association, Atlanta Fest, NALS ? the Association for Legal Professionals, Mercer University School of Law, the Levin College of Law at the University of Florida, Georgia State University College of Law, Emory University School of Law, and the Florida Bar Entertainment, Arts and Sports Law Section. In addition, he frequently speaks to attorney groups, with Georgia Supreme Court Presiding Justice Carol Hunstein, on legal professionalism and ethics. Mr. Clarke serves on the boards of several local arts organizations. Law Offices of Alan S. Clarke, LLC is located in Buckhead, the business, financial, retail and restaurant hub of Atlanta.

Kendall Minter, Esq.
Music & Entertainment Attorney

Kendall A. Minter, a native of New York and graduate and Senior Class President of Flushing High School began his professional path at Cornell University where he participated in the six year combined arts/law program, graduating with a B.A., majoring in Political Science in 1974, and with a J.D. from Cornell Law School in 1976.
In 2004, Kendall established Minter & Associates, L.L.C. in Atlanta, Georgia and subsequently established an Of Counsel affiliation with regional law firm 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 founded in 1987 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 approximately 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 also served extended terms 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 presently 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.

Julie Kessler
NARIP Atlanta Board Member, Moderator

Julie Kessler is a graduate of Emory University School of Law with a Juris Doctor and a certificate in Transactional Law and Skills. She graduated magna cum laude from the University of Georgia with a B.A. in Political Science and a minor in Music and Philosophy. Julie has worked with ASCAP, at The Coca-Cola Company and with several solo practitioners. She was also on the executive board for Emory?s Sports and Entertainment Law Society. She is an active member of the planning committee for the Atlanta Bar?s annual LawJam and a member of the American Bar Association and State Bar of Georgia Sports and Entertainment Law societies. Julie has played alto saxophone for over 15 years and works at the Georgia Theatre, a famous music venue in Athens, Georgia. She looks forward to practicing law to support artists and creatives in the advancement of their careers, and to ensure that their works are respected and protected.