The 5th Annual Entertainment & Sports Law Symposium Friday, April 12, 2019 Presented by The Entertainment & Sports Law Society SYRACUSE UNIVERSITY COLLEGE OF LAW The Entertainment & Sports Law Society would like to thank the following College of Law faculty for their assistance in planning this event: ESLS Faculty advisor, Professor Laura Lape Dean Dagenais Professor Todd Berger Kim Wolf Price Sarah Collins Chris Ramsdell Table of Contents Agenda……………………………………………………………………………...i Panelist Biographies………………………………………………………………ii Panel 1: Music Licensing; The Impact of the Music Modernization Act………..1 Compulsory Licensing Statute…………………………………………………………….1 Amendments to the 1976 Act: 115th Congress, 2017-2018……………………………...48 Music Licensing Transformed by the Passage of the Music Modernization Act………...61 Music Streaming Cos. To Fight Copyright Board Royalty Hike…………………...……67 After Big Music Bill, 3 Other Copyright Proposals to Watch……………………….…..70 Panel 2: NCAA Amateurism; How Current Rulings in the Court System will Affect the College Game……………………………………………………….…74 NCAA Bylaw Article 12…………………………………………………………………74 Jenkins v. NCAA……………………………………………………………………….…90 Debunking the NCAA’s Myth that Amateurism Conforms with Antitrust Law: A Legal and Statistical Analysis………………………………………………………..107 Student Athletes vs. NCAA: Preserving Amateurism in College Sports Amidst the Fight for Player Compensation…………………………………………….137 The Value of Amateurism………………………………………………………………159 Equity and Amateurism: How the NCAA Self-Employment Guidelines are Justified and Do Not Violate Antitrust Law………………………………………….…211 NCAA Can’t Cap Student Athletes’ Education Related Play…………………………..234 NCAA’s Antitrust Violation ‘Pretty Clear’ Judge Says………………………………..239 Agenda CLE Registration: 9:45am – 10:40am Opening Remarks: 10:40am – 11:00am Panel 1: 11:00am – 12:15pm Music Licensing; The Impact of the Music Modernization Act Imraan Farukhi; Licensed Attorney and Assistant Professor of Television, Radio & Film at the S.I. Newhouse School of Public Communications Matthew Van Ryn; Attorney at Melvin & Melvin, PLLC Ryan Raichilson; Director, Business & Legal Affairs at Sony/ATV Music Publishing 1.5 credits, Areas of Professional Practice Moderated by: Bill Werde; Director, Bandier Program at the S.I. Newhouse School of Public Communications Lunch: 12:15pm – 12:50pm Panel 2: 1:00pm – 2:15pm Melanie Gray Ceremonial Courtroom NCAA Amateurism; How Current Rulings in the Court System Will Affect the College Game Frank Ryan; L’94, Partner at DLA Piper James Zesutek; L’75, Partner at Dinsmore and Shohl Seth Greenberg; ESPN College Basketball Analyst 1.5 credits, Areas of Professional Practice Moderated by: Kevin Belbey; L’16, Director of Sports Broadcasting, The Montag Group Panel 3: 2:30pm – 3:30pm Final Round of Inaugural Advocacy Honor Society and ESLS Sports Negotiation Competition Judged by: Kevin Belbey; L’16, Director of Sports Broadcasting, The Montag Group James Zesutek; L’75, Partner at Dinsmore and Shohl John Wolohan; Licensed Attorney and Professor of Sports Law i Panelist Bios Panel 1: Music Licensing: The Impact of the Music Modernization Act Imraan Farukhi- Licensed Attorney and Assistant Professor of Television, Radio & Film at the Newhouse School of Public Communications Imraan "Immy" Farukhi is an experienced attorney focused on transactions and counseling pertaining to the entertainment, music, film, television, advertising, fashion, sports, and new media industries. He has worked extensively in private practice, having previously been an attorney in the entertainment department of Fox Rothschild LLP, and with prominent boutique entertainment and intellectual property law firms throughout the New York City metro area. He has worked with Grammy-nominated musicians, and legal teams for Academy Award- winning productions. His clients include film and TV production companies, writers/directors, on-screen talent, music producers/mixers, musicians, models, and advertising productions for prominent lifestyle and technology brands, to name a few. Prior to becoming an attorney, he began his career in the entertainment industry as a musician. Mr. Farukhi is also an Assistant Professor at the S.I. Newhouse School of Public Communications at Syracuse University, where he teaches undergraduate and graduate entertainment law courses for students in the Television-Radio-Film program and the Bandier music industry program. He previously taught media law classes at William Paterson University in New Jersey. His speaking engagements have included presentations as a panelist at the Garden State Film Festival and New York City Drone Film Festival. Education: J.D., Cum Laude, Pace University School of Law; B.A., Cum Laude, Communication, Villanova University ii Matthew Van Ryn- Attorney at Melvin & Melvin, PLLC Matthew Van Ryn is an attorney who practices in the areas of business law and intellectual property, specializing in working with start-ups and mid-market clients. He advises clients in areas such as entity formation, buy-sell, shareholder and operating agreements, business strategy, employment and stock option agreements, intellectual property protection and licensing, mergers and acquisitions. Mr. Van Ryn has substantial experience negotiating and drafting commercial contracts, commercial lease transactions, joint ventures, software and technology development, manufacture, sales and distribution agreements. He has secured funding through private placements, loans and grants for numerous start up and growing businesses under a wide variety of programs. Mr. Van Ryn also has extensive experience as a technology marketing and business strategy consultant. He has created award winning marketing communications campaigns for IBM’s Software and Internet business units, launching over a dozen business initiatives within IBM, and literally hundreds of products over a ten year period. Mr. Van Ryn received a Bachelor of Arts from Cornell University, and his J.D. from Rutgers Law School. iii Ryan Raichilson- Director, Business & Legal Affairs at Sony/ATV Music Publishing Ryan Raichilson serves as Director, Business & Legal Affairs at Sony/ATV Music Publishing, where he negotiates, drafts, and finalizes various types of music publishing agreements with the entertainment industry’s most prominent attorneys, including multi-million dollar songwriting deals with world-renowned artists. He also handles complex copyright-related issues, such as infringements, dispute resolutions, U.S. copyright termination rights, and purchases. Upon graduating from Syracuse University in 2007, Ryan began his career at Sony/ATV as executive assistant to the Chairman and CEO, Martin Bandier. In 2011, while continuing to work full-time for Sony/ATV, he began the evening law program at Rutgers School of Law – Newark. While in law school, Ryan transitioned to Sony/ATV's Business & Legal Affairs department as a contract administrator, and after graduating from Rutgers in 2015, became in-house counsel. iv Moderated by Bill Werde- Director, Brandier Program Bill Werde served as editorial director for Billboard, during which time he directed content strategy, planning and execution across all Billboard properties, including Billboard magazine and billboard.com, helping transition the company from a print business-to-business trade magazine to a rapidly growing digital consumer brand. He led the 2010 relaunch of billboard.com, created a video department and expanded across social platforms and into branded content. The relaunch earned a 2010 Ellie Award for Digital Media from the American Society of Magazine Editors. Under Werde’s direction, Billboard also earned Eddie Awards for Best Media and Entertainment Publication from Folio magazine in 2006 and 2007. Werde's recent strategic consulting clients include PEN America, Oak View Group, PBS’ “Landmarks Live” music performance series and singer/songwriter Andy Grammer. He was previously an associate editor at Rolling Stone magazine, and his work has appeared in The New York Times, Wired, the Washington Post and elsewhere. v Panel 2: NCAA Amateurism: How Current Rulings in the Court System will Affect the College Game Frank Ryan- Partner at DLA Piper, L’94 In addition to being a Partner at DLA Piper, Frank Ryan is the Global Co-Chair and US Co- Chair of Intellectual Property and Technology department, and Deputy Chair of Media, Sports and Entertainment Sector. Frank provides legal and strategic advice to domestic and multinational clients who draw on his experience in litigation, intellectual property, media and sports, and complex commercial matters. He has handled numerous cases and jury trials in the media and sport arenas and has particular experience in patent, trademark, copyright, trade secret, false advertising and business litigation. Frank's experience includes numerous engagements for ESPN, Disney, ABC, NCAA related matters, Nike, as well as for a number of other prominent networks, media and sports related entities, among them professional sports clubs. Frank is a member of DLA Piper's Executive Committee and Global Board. Frank earned his Bachelor’s of Science from Syracuse University and was a Four Year Varsity Letter Winner. He also earned a Juris Doctor from Syracuse University College of Law with special distinctions including Magna Cum Laude and Order of the Coif. In terms of recognitions, The Legal 500 United States has recommended Frank for his work within the sports sector. He also serves on the Syracuse University College of Law Board