PROGRAM DESCRIPTION
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!
Producers, Artist Managers and Artist Reps
Record & Music Publishing Executives
Music Attorneys
Those seeking music placement opportunities
Major areas of negotiation, including:
John Houlihan, Music Supervisor, Houlihan Film Music, Inc.
Anita Rivas, Esq., Walner & Rivas
Tom Rowland, Senior VP Film & TV Music, Universal Music Enterprises
NARIP Mp3 PROGRAM NUMBER: P90
PROGRAM DATE: September 16, 2009
HANDOUTS (14 pages total):
1. Important Deal Points
2. NARIP’s Useful Music-In-Film Resources
3. List of Music-Film Web Sites
4. Sample license agreement
QUESTIONS?
Call 818-769-7007 or contact NARIP
SOURCES FOR MORE INFO
www.musicsupervisor.com.com
NARIP
@NARIP
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.
Program music courtesy of Sparks & Silhouettes
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.
PROGRAM DESCRIPTION
With major changes in recording agreements over the past three years, NARIP scheduled this special session with top-rated music business attorney Dina LaPolt to discuss the latest developments, key deal points and contractual issues that affect an artist’s rights and income, and a record company’s ability to acquire and monetize additional rights.
You will also learn Dina’s Eight (8) MAJOR areas of negotiation for record deals:
1. Artist advance / recording fund
2. Controlled composition clause
3. Guaranteed release clause
4. Pay or play clause
5. No cross-collateralization / separate “pot” for master-tone, voice-tone and DVD monies
6. Tour support / marketing and promotion commitment (videos, etc.)
7. Artist royalty and royalties payable on foreign sales
8. 360 deals: try to limit other ancillary rights (i.e., merchandise, publishing, touring, sponsorships, etc.)
“Multiple Rights Deals in the US: 360 and Beyond”, by Dina LaPolt and Bernard Resnick. Excerpted from Multiple Rights Deals In the Music Industry published by the International Association of Entertainment Lawyers
NARIP PROGRAM NUMBER: P83
PROGRAM DATE: April 16, 2009
PROGRAM TIME: 2 hours, 4 minutes (2:04:32)
QUESTIONS? Call 818-769-7007 or contact NARIP
SOURCES FOR MORE INFORMATION
NARIP
Dina LaPolt
Dina LaPolt is an entertainment attorney at LaPolt Law, P.C. in Los Angeles. LaPolt Law is a boutique entertainment firm that specializes in representing clients in the music, merchandising, film, television, and book publishing industries. The firm’s clientele include recording artists, independent record companies, music publishers, songwriters, producers, managers, executives in the music and film industries, film production companies, photographers, directors, writers, authors, and actors. In addition to practicing law, Dina teaches “Legal and Practical Aspects of the Recording and Publishing Industries” in the Entertainment Studies Department at UCLA Extension and speaks regularly on panels at music industry conferences all over the country. On the film production side, Dina was the co-producer of the 2005 Academy Award-nominated documentary film entitled Tupac: Resurrection. For more information on Dina LaPolt or her firm, please log on to www.LaPoltLaw.com.
Michael A. Aczon
San Francisco Bay Area based Michael A. Aczon has practiced entertainment law and personally managed select clients since 1983. As a lawyer, he has represented a variety of clients in virtually every musical genre from unsigned local artists to multi-platinum artists and writers to L.A. and Nashville-based companies. Says San Francisco Examiner’s Edie Sellers, Aczon is “bright, funny and supremely knowledgeable. He possesses that too rare ability to distill complicated issues of entertainment law and convey them in a clear, storyteller language we all can understand.” Michael’s book “The Professional Musician’s Legal Companion” published by Thomson/Hal Leonard is quickly becoming a “must-have” for musicians of all levels of experience and success in the Industry. He has been a columnist for Guitar Player Magazine and Electronic Musician Magazine and is a contributing writer to the book “The Independent Working Musician” by Mary Cosola. Michael is a member of the Music and Recording Industry faculties at San Francisco State University and Diablo Valley College. He has served on the National Entertainment Law Initiative Committee for the Recording Academy and is a member of the San Francisco Chapter’s Urban Outreach Committee. He lectures at various colleges, law schools, and music industry seminars nationwide.
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.
PROGRAM DESCRIPTION
With major changes in the record and music industries, artist managers are more important than ever to guide artist careers through the minefields.
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 management deal is negotiated and be involved in the process.
Get educated about the art of deal-making!
Producers, Artist Managers and Artist Reps
Record & Music Publishing Executives
Music Attorneys, Concert Industry Professionals
Brand Marketing & Creative Executives
Accountants, Business Managers & CPAs
Major areas of negotiation, including:
William F. Leopold, Leopold Management
Alfred Schlesinger, Esq.
NARIP PROGRAM NUMBER: P87
PROGRAM DATE: July 22, 2009
HANDOUT:
1. Important deal points
2. Personal artist management form agreement
QUESTIONS? Call 818-769-7007 or contact NARIP
SOURCES FOR MORE INFORMATION
WILLIAM F. LEOPOLD
Name a popular music act from the last forty years and Bill Leopold has probably promoted them, managed them, published their music, or produced a concert tour for them. Just out of high school in the late Sixties, Bill started promoting teen dances in the Northwest. Working for Terry Bassett and Seattle’s legendary disc jockey Pat O’Day, they promoted successful acts such as Paul Revere and the Raiders, The Byrds, The Jefferson Airplane, Moby Grape, The Mammas & Papas, The Shindogs, Delaney & Bonnie, The Box Tops, The Lemon Pipers, Herman’s Hermits and the Yard Birds, just to name a few. Through the late Sixties and early Seventies, the company evolved into the original Concerts West. Bill took his skills on the road producing North American tours for Elvis Presley, Led Zeppelin, Creedence Clearwater Revival, Three Dog Night, Jimi Hendrix, Chicago, The Doobie Brothers, The Moody Blues and John Denver. After leaving Concerts West in the mid-Seventies to start W & L Music, he recorded and published acts like William T. Smith, The Funky Kings, Michael Finnigan and Spanky and Our Gang. Bill, working with attorney/manager Al Schlesinger, worked with David Gates and Bread, one of the biggest selling acts of the Seventies. The early Eighties saw Bill further demonstrating his versatility by producing television shows and promoting concerts with partner Bob Eubanks of the “Newlywed Game” fame. Next came working with The Eric/Chandler Company where Leopold promoted the Neil Diamond United States Tour and Michael Jackson’s “Bad” Tour. In November 1982, Bill was convinced by his wife Karla to see a young woman named Melissa Etheridge performing in a bar in Pasadena. He knew immediately that she would be a superstar and became her manager. Since that time, Melissa has sold more than thirty million records around the world and has become an icon to millions. Over the past twenty-five years, Leopold has built one of the premiere boutique management companies in the music business, known for attention to detail, focus and expertise in all areas of the music business. The company continues to thrive in an increasingly difficult business environment. W. F. Leopold Management is: Mark Graham, Josh Leopold, Dave Morris, Chandler Tuck and Nick Velo. The company currently represents Melissa Etheridge, Dave Koz and Eric Hutchinson.
ALFRED SCHLESINGER, ESQ.
Mr. Schlesinger has been a music business attorney for over 45 years. Prior to becoming an attorney, he had his own record and music publishing companies. Mr. Schlesinger was the personal manager of the recording and performing group Bread, and has written articles for the Beverly Hills Bar Association Journal, the National Academy of Songwriters (of which he is a founding member), the Association of International Entertainment Attorneys (of which he is a charter member), and various educational institutions throughout the United States. He has also taught courses on the music business and has been a guest lecturer and panelist for many educational institutions and music-oriented organizations. Mr. Schlesinger is a past president of the National Academy of Recording Arts and Sciences (NARAS) and past two-term national chairman of the board of said academy. He is a past recipient of Billboard Magazine’s award for Entertainment Attorney of the Year. A first-class bon vivant, he was honored with the Entertainment Law Initiative (ELI) Service Award during the 2006 GRAMMY® Week festivities.
Program music courtesy of The G-Man (Golosio Music Publishing, BMI)
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.