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NYSBA SPRING 2004 | VOLUME 15 |NO. 1 Entertainment, Arts and Sports Law Journal A publication of the Entertainment, Arts and Sports Law Section of the New York State Bar Association Remarks From the Chair/Editor’s Note It is both an honor and a tainment Lawyers Committee, and Gary A. Hall is our pleasure to serve as the new Fifth District Representative. I look forward to Chair of the EASL Section for working with all of them. 2004 through 2006. Jeff As you will see from the transcript included in this Rosenthal, a hard act to fol- issue of the Journal, we had a very successful Annual low, set an excellent example Meeting. The panelists presented interesting and of how to be an effective and thought-provoking opinions on topics that covered a organized leader. I look for- broad range of EASL member practice areas. The speak- ward to continuing to work ers participated in two panels, “Producing in the New with him and the Executive Millennium, Challenges and Opportunities” and “Labor Committee for the upcoming Relations in the Sports, Theatre and Movie Industries.” term. The room was packed throughout, often with standing The officers joining me for the 2004 to 2006 term are room only. as follows: Alan Barson, former EASL Secretary and cur- The EASL Section Committees were also very active rent Vice-Chair; Steve Richman, Secretary, who will also during the early months of 2004. Judith Prowda, Chair continue to serve as EASL’s Delegate to the House of of the Committee on Fine Arts, organized a superb pro- Delegates; Steve Rodner, who will continue as Treasur- gram that took place in January at the Chelsea Art er; and Ken Swezey, who will continue as Assistant Sec- Museum, entitled “Collecting and Importing Art from retary. We also have a few new names on our Executive Russia and the Former Soviet Union: A Collector’s Per- Committee roster: Jennifer Romano and Aaron D. spective.” Alan Hartnick, Chair of the Copyright and Rosenberg are the new Co-Chairs of the Young Enter- Trademark Committee, presented a CLE program in Inside NYSBA Guidelines for Obtaining MCLE Credit for Writing.......... 3 Entertainment, Arts and Sports Law Section Law Student Initiative .......................................................................... 4 Annual Meeting.............................................................................. 24 EASL Pro Bono Update ........................................................................ 5 ‘Til Death Do Us Part?: New York’s Failure to Grant (Elisabeth K. Wolfe) Deceased Celebrities a Right of Publicity .................................. 55 (Adam Zia) The Phil Cowan Memorial/BMI Scholarship .................................. 7 Royalty Payments Under a Typical Record Contract .................... 61 Library Hotel Settles with Owner of Dewey Decimal System (Vlad Kushnir) (Matthew David Brozik) ................................................................ 8 Do Professors Own Their Works? .................................................... 68 Is Scènes à Faire Really “Necessary”? ................................................ 9 (Alan J. Hartnick) (Jessie Beeber and Maura Wogan) Volunteer Lawyers for the Arts ............................................................ 70 Tort Liability in Sports Products Liability ...................................... 12 (Tara Di Luca) February in conjunction with Jay Kogan’s New York spectives in these practice areas, once more received Chapter of the Copyright Society of the U.S.A., entitled several excellent submissions on a wide variety of top- “Achtung Baby: Germany, Europe and the Long Reach ics. Tara DiLuca, a third year law student at Pace Law of International Copyright Law.” As always with these School, and Adam Zia, a third-year law student at Ford- two organizers, the program was very well-attended ham School of Law, have been selected as this issue’s and received. Finally, also in February, Ayala Deutsch’s LSI winners. Tara writes about tort liability in sports Sports Committee co-sponsored (and Ayala was a pan- and Adam writes about New York’s approach (or lack elist for) an interesting CLE program organized by St. thereof) to right-of-publicity issues. As a result of their John’s University School of Law for its Sports Law high quality submissions, the LSI winners will receive a Symposium. free membership to the EASL Section next year and an opportunity to reach out to Section members with their As you know by now, based on information dis- writing and analytical talents. seminated via e-mails, mailings and our Web site, our Spring Conference will be taking place on April 23rd I am also extremely pleased that, in addition to the and 24th at the Doral Arrowwood Resort in Rye Brook. Annual Meeting transcript, this issue of the Journal pub- Jay Flemma and Kenny Nick, our Program Co-Chairs, lishes several articles that encompass the fields of enter- have worked hard to organize a comprehensive pro- tainment, arts and sports law. gram that encompasses various areas of interest to our Once more, please be advised that authors can membership, including topics such as: Cross-promo- obtain CLE credit from having an article published in tional deals in the sports and entertainment industries, the EASL Journal. To submit an article or Letter to the conflicts of interest in the entertainment industries, and Editor, please e-mail either to me at eheckeresq@ breakout sessions focusing on television, copyright and yahoo.com. THE NEXT DEADLINE IS MONDAY, MAY trademark litigation, music publishing and issues of 24, 2004. concern for young lawyers. Seven CLE credits will be available in practical skills and ethics, among other areas, and our Young Entertainment Lawyer Committee Elissa Co-Chairs are working with Cameron Myler, our CLE Compliance Officer, to ensure that for the Young Elissa D. Hecker is Associate Counsel to The Lawyers portion of the program, Bridge the Gap CLE Harry Fox Agency, Inc., licensing affiliate of The credits will be offered. National Music Publishers’ Association, Inc., where she is involved with legal, educational and policy Now I am going to put on my Editor’s hat and matters concerning the world’s largest music rights briefly describe what you will find in this issue of the organization and the U.S. music publishing industry Journal. trade group. In addition to membership in the NYSBA, Ms. Hecker is also a member of The Copy- Our Law Student Initiative writing contest, which is right Society of the U.S.A. and Chair of the FACE Ini- designed to showcase the talents of law students to tiative children’s Web site. practitioners in the entertainment, arts and sports law communities and shed light on students’ diverse per- Get CLE Credit: Write for the EASL Journal! 2 NYSBA Entertainment, Arts and Sports Law Journal | Spring 2004 | Vol. 15 | No. 1 NYSBA Guidelines for Obtaining MCLE Credit for Writing Under New York’s Mandatory CLE Rule, MCLE • one credit is given for each hour of research or credits may be earned for legal research-based writing, writing, up to a maximum of 12 credits; directed to an attorney audience. This might take the form of an article for a periodical, or work on a book. • a maximum of 12 credit hours may be earned for The applicable portion of the MCLE Rule, at Part writing in any one reporting cycle; 1500.22(h), states: • articles written for general circulation, newspa- Credit may be earned for legal research- pers and magazines directed at non-lawyer audi- based writing upon application to the CLE ences do not qualify for credit; Board, provided the activity (i) produced • only writings published or accepted for publica- material published or to be published in the tion after January 1, 1998 can be used to earn form of an article, chapter or book written, credits; in whole or in substantial part, by the applicant, and (ii) contributed substantially • credit (a maximum of 12) can be earned for to the continuing legal education of the updates and revisions of materials previously applicant and other attorneys. Authorship granted credit within any one reporting cycle; of articles for general circulation, newspa- • no credit can be earned for editing such writings; pers or magazines directed to a non-lawyer audience does not qualify for CLE credit. • allocation of credit for jointly authorized publica- Allocation of credit of jointly authored pub- tions shall be divided between or among the joint lications should be divided between or authors to reflect the proportional effort devoted among the joint authors to reflect the pro- to the research or writing of the publication; portional effort devoted to the research and writing of the publication. • only attorneys admitted more than 24 months may earn credits for writing. Further explanation of this portion of the rule is provided in the regulations and guidelines that pertain In order to receive credit, the applicant must send a to the rule. At section 3.c.9 of those regulations and copy of the writing to the New York State Continuing guidelines, one finds the specific criteria and procedure Legal Education Board, 25 Beaver Street, 8th Floor, New for earning credits for writing. In brief, they are as fol- York, New York 10004. A completed application should lows: be sent with the materials (the application form can be downloaded from the Unified Court System’s Web site, • The writing must be such that it contributes sub- at this address: http://www.courts.state.ny.us/ stantially to the continuing legal education of the mcle.htm (click on “Publication Credit Application”

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