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Sports Law Journal SECTION OFFICERS State Bar of Texas Fall 2018 — Volume 27 • No Texas Entertainment and Sports Law Journal SECTION OFFICERS State Bar of Texas Fall 2018 — Volume 27 • No. 2 Entertainment & Sports Law Section CHAIR Victoria Helling Dallas [email protected] th CHAIR–ELECT 28 Annual Dena Weaver Arlington (817) 460-5900 Entertainment Law Institute [email protected] SECRETARY Tristan C. Robinson Houston (281) 601-4579 [email protected] TREASURER Melissa Thrailkill (214) 883-1876 [email protected] IMMEDIATE PAST CHAIR Mike Farris Dallas (972) 672-7567 [email protected] COUNCIL MEMBERS Terms Expiring 2019 Danica Mathes Brent Turman Brian Landa Terms Expiring 2020 Erin Rodgers Francés Jones Terms Expiring 2021 Christian L. Castle Adam R. Villanueva Stephen O. Summer ENT. LAW INSTITUTE DIRECTOR Mike Tolleson Austin, Texas (512) 480-8822 [email protected] MEMBERSHIP CHAIR Adam Litwin EXHIBIT OPENS MAY 25, 2018 Dallas, Texas (214) 740-1428 [email protected] LIVE Austin • November 8-9, 2018 • AT&T Hotel and Conference Center LAW STUDENT LIAISON Arrive in Austin a day early for the Entertainment Law 101 Course Adam R. Villanueva Dallas (214) 367-6019 [email protected] MCLE CREDIT DOWNLOADABLE TexasBarCLE.com Education by the Bar, JOURNAL EDITOR 12 Hours (1.5 Ethics) Course Materials 800.204.2222 x1574 for the Bar Dr. Joel Timmer Fort Worth, Texas [email protected] WEBMASTER Chair’s Report ................................................................2 Entertainment Law 101 Panel Descriptions Amy E. Mitchell and Speakers ................................................................12 Austin, Texas Editor’s Letter ................................................................3 (512) 970-3223 Highlights of Managing Change Under the Bibliography of Recent Entertainment and [email protected] Music Modernization Act ..............................................4 Sports Law Publications ..............................................14 A History of the Texas Film Commission......................6 ELI Panel Descriptions and Speakers ............................8 Texas Entertainment and Sports Law Journal Fall 2018 — Volume 27 • No. 2 CHAIR’S REPORT TEXAS ENTERTAINMENT AND Dear Section Members, SPORTS LAW JOURNAL STAFF I love this time of year. The leaves are turning, JOURNAL EDITOR the weather is finally starting to cool down, and Dr. Joel Timmer our busy schedules often get a much-needed Fort Worth break due to the Holiday season. Fall is a time (817) 896-9088 for renewal, and also an opportunity to reflect [email protected] and prepare for the year ahead. If you’re new to ASSOCIATE EDITOR the Section or a seasoned member, I invite you Stephen Aguilar to take advantage of the resources our Section San Antonio, Texas has to offer. (210) 745-5834 On a Quarterly basis, TESLAW releases TES- [email protected] LAW Tidbits, an up-to-date guide on our Industry! Victoria Helling EDITORIAL ASSISTANT This e-newsletter includes: a Member Spotlight high- Chair 2018-2019 Ali Ghaza lighting one of our local members and information SMU Dedman School of Law on their practice; a Case Note on a timely decision affecting our Industry; and a Class of 2019 Practice Document to utilize in your practice and add to your forms library. If you’re new to the Entertainment realm, or would like to increase the visibility of your Entertainment Practice, I highly suggest making a submission to our Editor-in-Chief Erin Rodgers at [email protected]. On a semi-annual basis, TESLAW releases the Texas Entertainment and Sports Law Journal, our online Journal. I was actually first published in our Journal back in 2010 during my last year of Law School at Texas Wesleyan Law. What a wonderful oppor- tunity for a graduating 3L! All submissions for our Journal can be sent to Joel Tim- mer, Journal Editor at [email protected]. Further, our Section offers Networking and CLE Events throughout the year. First TESLAW.ORG up, is our 28th Annual Entertainment Law Institute in November. This is our largest The Texas Entertainment and Sports Event and kicks off with an Entertainment Law 101 Bootcamp on Wednesday, Law section of the State Bar of Texas is November 7th at the AT&T Hotel and Conference Center in Austin, Texas. We comprised of more than 950 Texas- recently added this offering and it's been a big hit! This Bootcamp provides a high- level overview of introductory legal issues for clients in music, film, and other cre- licensed attorneys practicing in the ative industries. The Entertainment Law Institute runs from Thursday, November areas of film, music, art, collegiate and 8th to Friday, November 9th and provides you with 12.5 hours of CLE Credit, professional sports. The TESLAW including 1.25 hrs Ethics credit! Register here: teslaw.org/eli/. Our twins are actu- website at www.teslaw.org offers ally due the same week of ELI so I will not be in attendance, but please say hello to Council Members and our Vice Chair, Dena Weaver. attorneys a chance to be listed with their focus area of practice in a In March 2019 is our SXSW Mixer at the Iron Cactus in Austin, Texas. Stay tuned publically searchable database. The for more details on this fun Networking Event. TESLAW Journal is a recognized Please feel free to reach out to me any time via email at publication providing scholarly and [email protected]. I am grateful to serve as your Chair for the 2018- 2019 fiscal year! And I look forward to meeting each of you in the near future! insightful articles on the law and practice of entertainment law. Join Sincerely, today to be part of a collegial Victoria Helling organization growing the practice of Chair 2018-2019 entertainment law in Texas. Entertainment & Sports Law Section For new bar members the first year’s State Bar of Texas dues are free. 2 Texas Entertainment and Sports Law Journal Fall 2018 — Volume 27 • No. 2 EDITOR’S LETTER Welcome to the Fall 2018 issue of the Texas Entertainment and Sports Law Journal. We are pleased to have a variety of content tied to the 28th Entertainment Law Institute. The ELI takes place November 8-9, 2018 at the AT&T Hotel and Conference Center at the University of Texas at Austin. In case you’re not familiar with it, the ELI is an annual continuing legal education course produced by TexasBarCLE and co-sponsored by the State Bar of Texas Entertainment and Sports Law Section. Attendees can earn 12.5 hours MCLE Credit, including 1.25 hours ethics credit. The ELI consistently provides an outstanding faculty of highly-regarded practitioners and industry insiders to keep entertainment lawyers up to date on the latest emerging trends, issues and breaking developments in music, film, and digital media. In this issue, you’ll find an article on the newly enacted Music Modernization Act by ELI panelist Christian Castle. You can also find additional details about the panels and speakers Joel Timmer for this year’s ELI. Editor Texas Entertainment and Offered in conjunction with the ELI will be “Entertainment Law 101”, a crash course on Sports Law Journal starter topics taking place the day before the start of the ELI on November 7. Participants can earn 3 hours of MCLE credit. Course Director Amy Mitchell provides more detail on the session later in this issue. For more information, or to register for the Entertainment Law Institute, click here: http://www.texasbarcle.com/CLE/AABuy0.asp?lID=16734&sProductType=EV For more information, or to register for Entertainment Law 101, click here: http://www.texasbarcle.com/CLE/AABuy0.asp?lID=16735&sProductType=EV We hope to see you at one or both of these events! This issue also contains a story not related to the ELI: a history of the Texas Film Commission, which is nearly 50 years old! Happy reading! Joel Timmer Editor Submissions The Texas Entertainment and Sports Law Journal publishes articles written by practitioners, law students, and others on a variety entertainment and sports law topics. Articles should be practical and scholarly to an audience of Texas lawyers practicing sports or entertainment law. Articles of varying lengths are considered, from one-to-two-page case summaries and other brief articles, to lengthier articles engaged in in-depth analysis of entertainment and sports law issues. Endnotes must be concise, placed at the end of the article, and in Harvard “Blue Book” or Texas Law Review “Green Book” form. Please submit articles for consideration in Word or similar format, or direct any questions about potential article topics, to Journal Editor Joel Timmer at [email protected]. Once an article is submitted, the Journal does not request any additional authorization from the author to publish the article. Due to the number of submissions and the number of potential publications in the marketplace, it is nearly impossible to monitor publication of submissions in other publications. It is up to the author to assure that we are notified should there be any restrictions on our use of the article. This policy has been implemented to assure that our Journal does not violate any other publication’s limitation on republication. The Journal does not restrict republication, and in fact encourages submission of an author’s article to other publications prior to or after our election to publish. Obviously, the Journal will make the appropriate attribution where an article is published with the permission of another publication, and request such attribution to the Journal, if we are the first to publish an article. 3 Texas Entertainment and Sports Law Journal Fall 2018 — Volume 27 • No. 2 Highlights of Managing Change Under the Music Modernization Act’s Mechanical Licensing Collective1 By Chris Castle2 The four-part “Orrin G. Hatch—Bob Goodlatte Music Modernization Act” (“MMA”) has now passed both the U.S. House of Representatives and the Senate.3 As of September 25, 2018, the Senate version of the bill passed the House of Representatives as the amended HR 1551 resolving differences and has been sent to the President for signature.
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