Conference Program
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VIRTUAL PROGRAM KEYNOTE SPEAKER ROSANNE CASH WELCOME! The past year has seen major changes to the music ecosystem and the laws and policies integral to its viability. For example, while the Music Modernization Act (MMA) provided a much-needed update to the way artists’ creative contributions are recognized and supported in the digital age, debates over royalties, infringement, piracy, and new distribution models remain. Diverse issues surrounding ownership and control of data, music festival arrangements, and the nature of artists’ roles in the gig economy also made headlines. Despite encouraging steps forward and seemingly unlikely partnerships, arriving at a place of balance in music—where respect for artists and others on the music production side is just as important as facilitating innovative models for listener access—requires more work and cooperation. This unique conference continues a dialogue on music ecosystem begun by CPIP Executive Director Sean O’Connor while at the University of Washington School of Law in Seattle. In its inaugural year in the D.C. area, the conference aims to bring together musicians, music fans, lawyers, artist advocates, business leaders, government policymakers, and anyone interested in supporting thriving music ecosystems in the U.S. and beyond. QUICK NAVIGATION MENU (CLICK BELOW) PROGRAM PROGRAM PROGRAM SPEAKER EVENT 9.9.20 9.10.20 9.11.20 BIOS SPONSORS #CPIPMUSIC2020 PROGRAM PROGRAM PROGRAM SPEAKER EVENT 9.9.20 9.10.20 9.11.20 BIOS SPONSORS 10:30 – 10:45 AM 11:45 AM – 12:00 PM OPENING REMARKS & INTRODUCTIONS BREAK Prof. Sandra Aistars 12:00 – 1:00 PM Antonin Scalia Law School, George Mason University, Director of Copyright Research and Policy & Senior Scholar, Center for SESSION 2 the Protection of Intellectual Property (@cpipgmu) THE CHANGING NATURE OF SOUND RECORDING RIGHTS Prof. Sean M. O’Connor Antonin Scalia Law School, George Mason University, Executive The sound recording category of music copyrights has been Director, Center for the Protection of Intellectual Property more limited in some ways than the composition category. They (@ProfSeanOConnor | @cpipgmu) received no federal protection before 1972 and then afterwards did not apply to terrestrial radio broadcasts. The recent Music 10:45 – 11:45 AM Modernization Act extended a measure of protection to pre- ’72 sound recordings, while proposed legislation would allow SESSION 1 sound recording owners to seek compensation from terrestrial IMPLEMENTING THE MUSIC MODERNIZATION ACT radio stations for public performances of the works similar to the system for digital webcasters and streaming. The panel will The Music Modernization Act was enacted in 2018 and Mechanical discuss the current state of sound recordings, their curious history Licensing Collective, Inc. was designated to administer the new under U.S. law, and their future in the digital streaming age. composition database and blanket licensing system. This panel will consider issues in the implementation of the new licensing MODERATOR Prof. Steven D. Jamar regime as well as in the associated Classics Protection and Access Howard University School of Law, Associate Director, Act and Allocations for Music Producers Act. Howard Intellectual Property Program, Associate Director for MODERATOR International Programs, Institute for Intellectual Property and Prof. Mark Schultz Social Justice (@howardlawschool | @IPSocialJustice) University of Akron School of Law, Director, Intellectual PANEL Property & Technology Law Program, Senior Scholar, Center for Todd Dupler the Protection of Intellectual Property (@markfschultz1 | Managing Director, Advocacy & Public Policy, Recording @AkronLaw) Academy (@ToddDupler | @GRAMMYAdvocacy) PANEL Mikael “Count” Eldridge Danielle Aguirre Music Producer, Engineer, Mixer, Remixer, Mastering Engineer, Executive Vice President & General Counsel, National Music & Filmmaker, Vertebrae Productions (@count_sf) Publishers’ Association, Board Member, Mechanical Licensing Brieanne Jackson Collective (@DMAguirre11 | @NMPAorg | @MLC_US) Assistant General Counsel, Licensing & Enforcement, Adam Gorgoni SoundExchange (@SoundExchange) Composer, Founding Member, Songwriters of North America Eric Schwartz (@gorgoni_adam | @wearesonaLA) Partner, Mitchell Silberberg & Knupp (@MSKLLP) Lisa Selden Global Head of Publisher Operations, Spotify (@Spotify) Regan Smith 5:00 – 6:15 PM General Counsel & Associate Register of Copyrights, United States Copyright Office (@reganasmith | @CopyrightOffice) NETWORKING IN HONOR OF JAY ROSENTHAL BY INVITATION ONLY Sponsored by #CPIPMUSIC2020 | 3 PROGRAM PROGRAM PROGRAM SPEAKER EVENT 9.9.20 9.10.20 9.11.20 BIOS SPONSORS 10:45 – 11:45 AM 1:00 – 1:15 PM SESSION 3 BREAK WHAT IS THE SCOPE OF A MUSICAL COMPOSITION? 1:15 – 2:15 PM Music copyright is unusual in that it can consist of two separate kinds of registered SESSION 4 works. Musical compositions are the underlying song, most easily thought of in THE NEW ROLE OF RECORD LABELS & terms of notated sheet music. Sound recordings are particular performances PLATFORMS captured in a recording. This panel focuses on current hot topics in the composition rights. Panelists will consider: how to determine the scope of composition for From mp3s to YouTube to Spotify, the way we composers not fluent in written notation (including social justice aspects); whether listen to music in the digital age has changed and how juries should be used in assessing substantial similarity between works; considerably over the past twenty years. At new distribution and licensing models; whether it makes sense to distinguish a time when physical copy records and full- composition from sound recordings in today’s beats forward studio-based length albums have been replaced by the composition approach for pop music; and AI compositions. streaming single, what role does a record label play? And as traditional lines between creator, MODERATOR copyright owner, and distributor continue to Prof. Sean M. O’Connor blur, how will labels and streaming services work Antonin Scalia Law School, George Mason University, Executive Director, together to ensure that artists are appropriately Center for the Protection of Intellectual Property (@ProfSeanOConnor | compensated and incentivized? This panel will @cpipgmu) explore recent developments in copyright law PANEL as they apply to the music industry and look Prof. Robert Brauneis ahead to how music ecosystems will evolve in George Washington University Law School, Co-Director, Intellectual Property the coming years. Law Program (@RobertBrauneis | @gwlaw) MODERATOR Richard S. Busch Prof. Loren Mulraine Partner, Litigation Section & Head of Entertainment and Intellectual Property Director of Music and Entertainment Law Sections, King & Ballow (@BlurredLaws | @KingBallow) Studies, Belmont University College of Law, Robert Clarida Of Counsel, Bone McAllester Norton Member & Partner, Reitler Kailas & Rosenblatt (@reitlerlaw) (@LorenMulraine | @BelmontLaw) Prof. Joseph Fishman Vanderbilt Law School (@jpfishman | @vanderbiltlaw) PANEL Mark Baker 11:45 AM – 12:00 PM Vice President, Public Policy & Government Affairs, Warner Music Group (@warnermusic) BREAK Mitch Glazier Chairman & Chief Executive Officer, Recording 12:00 – 1:00 PM Live Stream Industry Association of America KEYNOTE LUNCH / FIRESIDE CHAT Click Here (@mitch_glazier | @RIAA) Garrett Levin PLEASE JOIN US FOR A FIRESIDE CHAT WITH ROSANNE CASH AND President & Chief Executive Officer, Digital PROF. SANDRA AISTARS Media Association (@garrettlevin | @digitalmediausa) Sponsored by Rosanne Cash Prof. Larry Miller Singer, Songwriter, & Author (@rosannecash) NYU Steinhardt, Director, Music Business Prof. Sandra Aistars Program (@larrysmiller | @NYUMusicBiz) Antonin Scalia Law School, George Mason University, Director of Copyright Research and Policy & Senior Scholar, Center for the Protection of Intellectual Property (@cpipgmu) #CPIPMUSIC2020 | 4 PROGRAM PROGRAM PROGRAM SPEAKER EVENT 9.9.20 9.10.20 9.11.20 BIOS SPONSORS 10:45 – 11:45 AM 11:45 AM – 12:00 PM 1:00 – 1:15 PM SESSION 5 BREAK BREAK THE POWER OF DATA OWNERSHIP & ANALYTICS 12:00 – 1:00 PM 1:15 – 2:15 PM SESSION 6 SESSION 7 Access to consumer data and the ability to process and respond to it is perhaps ARTIST MANAGEMENT & THE SUPPORTING ARTISTS & COMMUNITIES the most valuable component of our BUSINESS OF MUSIC digital global ecosystems—no matter Recognition and support to local artists and musicians the industry. In the music business, In today’s music business, when is vital to the preservation of creative and culturally collecting and analyzing data about artists can act as their own diverse communities. Whether full-time professional listeners and their habits is occurring on producers, promoters, booking musicians or part-time hobbyists, creative individuals’ a massive scale, and it’s informing the agents, managers, etc., is there still contributions to their communities is invaluable and development of new business models and a need for traditional representation? difficult to measure. But like many who make a living platforms. But questions of ownership What is the role of an artist manager? through artistic endeavors, musicians often struggle and data sharing loom large, as musicians How has it evolved as the internet to find steady work and lack the benefits that many increasingly realize the value of knowing and interconnectivity have grown? of us take granted. Musicians also often encounter more about their fans. This panel will This panel will bring together artists,