26th Annual Entertainment Law Institute

JOE ELY 2016 TEXAS STATE MUSICIAN

Photo by Todd Purifoy

LIVE Austin • November 3-4, 2016 • Sheraton Austin at the Capitol

MCLE CREDIT DOWNLOADABLE TexasBarCLE.com Education by the Bar, 13.5 Hours (2 Ethics) Course Materials 800.204.2222 x1574 for the Bar TexasBarCLE presents the 26th Annual Entertainment Law Institute

Cosponsored by the Entertainment and Sports Law Section of the State Bar of Texas

LIVE Austin Stan Soocher, Denver, CO covered by ESPN, Yahoo, The CW, Turner Editor-in-Chief, Entertainment Law & and WME/IMG with new companies like November 3-4, 2016 Finance Oomba Gameworks moving in. Sheraton at the Capitol Associate Professor, Music & Moderator Entertainment Industry Studies Michele Martell, Esq., Austin Register by October 20 and University of Colorado Denver save $50! Martell Media House 9:45 Roundup of Recent Entertainment David Ho, Los Angeles, CA Entertainment and Sports Law Industry Cases 1 hr General Counsel, Fullscreen Media Section members can save $75! Rooster Teeth Professor Stan Soocher presents a Attorneys licensed 5 years or less roundup of entertainment industry Michael Williams, Los Angeles, CA cases and is joined by Entertainment attend for half off! Oomba.com Law Update Podcast co-hosts Tamera Bennett and Gordon Firemark. 2:15 Broadway Musicals: the Contracts, #TBCLE Royalties and Economics of the “Great Stan Soocher, Denver, CO White Way” 1 hr Editor-in-Chief, Entertainment Law & This panel will discuss the many different Finance types of music licensing deals, contracts Associate Professor, Music & and practices that come into play when Thursday Entertainment Industry Studies dealing with the four basic types of 7.5 hours including .25 ethics University of Colorado Denver musicals including the model Dramatists 8:00 Registration 10:45 Break Guild Approved Production Contract, Coffee and Pastries Provided royalty pool and “fixed” dollar shows 11:00 Mega-trends in the Digital Video licensing agreements, subsidiary rights, 8:40 Welcoming Remarks Ecosystem 1 hr producer vesting, weekly minimums, Course Director From Cord-Nevers to grand rights song licenses and revenue Mike Tolleson, Austin MultiChannelNetworks, Social Media sharing arrangements. Mike Tolleson & Associates Stars to Event Cinema, Over The Top Jeff Brabec, Los Angeles, CA 8:45 Legal Issues of Podcasting: to Live Streaming and eSports - the BMG, Vice President - Business Affairs A Special Edition of the traditional entertainment industry is Co-author, “Music, Money and Success” Entertainment Law Update Podcast being disrupted on all sides. This panel Todd Brabec, Esq., Los Angeles, CA 1 hr (.25 ethics) will provide an overview of the impact Former ASCAP Executive Vice President During this live podcast episode of of these mega-trends on the digital Co-author, “Music, Money and Success” Entertainment Law Update the panel video business. will cover trending entertainment David Ho, Los Angeles, CA 3:15 Break law cases, podcast case law and use General Counsel, Fullscreen Media 3:30 Copyright Infringement Issues: Blurred of podcasting while complying with Rooster Teeth Lines, Stairway to Heaven, and lawyer advertising rules. Michele Martell, Esq., Austin Beyond 1 hr Tamera H. Bennett, Lewisville Martell Media House A review of issues to consider before Bennett Law Office pursuing a copyright infringement claim 12:00 Break - Lunch Provided Gordon P. Firemark, Los Angeles, CA including deciding when to settle or Law Offices of Gordon P. Firemark 12:15 Texas Star Award Presentation aggressively defend such a claim, how to Author, “The Podcast, Blog & New analyze the strength and value of actual Media Producer’s Legal Survival Guide” 12:30 Luncheon Presentation: “The Rise of claims, and choice of jurisdiction. the Artist Rights Movement” .5 hr Christian Castle, Austin Howard E. King, Los Angeles, CA Christian L. Castle, Attorneys King, Holmes, Paterno & Soriano MCLE CREDIT 1:00 Break 4:30 The Latest News from the Digital Music Battlefront 1 hr 13.5 Hours (2 ETHICS) 1:15 eSports: From Live Streaming to Our panelists will discuss current MCLE Course No: 901357614 Entertainment Mainstream 1 hr developments in the digital landscape eSports tournaments of professional with up-to-the-minute news and Applies to the Texas Bar College and the videogame players are increasingly developments regarding the performing Texas Board of Legal Specialization in played in large venues and streamed rights organizations, royalty settlements, Civil Appellate Law and Civil Trial Law. online for multi-million dollar prizes and pending litigation against Spotify,

2 3 proposed changes to the Copyright Act and potential trends in the digital space. Christian L. Castle, Austin Christian L. Castle, Attorneys Steven Winogradsky, Studio City, CA Cosponsored by the Entertainment and Sports Law Section of the State Bar of Texas Winogradsky/Sobel 5:30 Adjourn

Friday 6 hours including 1.75 ethics

8:15 Coffee and Pastries Provided 8:40 Announcements Photo by John Cao 8:45 Don’t Try This at Home: The Questionable Ethics of “Better Call Video game competitions draw large arena size audiences Saul” 1 hr ethics This ethics program uses humorous clips 10:45 Break serves as a case study for how a from Better Call Saul as a launching pad partnership by conduct can be created 11:00 Digital Distribution of Sound to discuss a wide range of ethics issues. under Texas law, legal aspects of the Recordings 1 hr (.25 ethics) Nicole I. Hyland, Esq., New York, NY publishing industry, subsidiary rights, A review of the opportunities and deals Partner, Frankfurt Kurnit Klein & Selz and a precautionary tale about the available for indie artists and record pitfalls of working with others on labels looking for distribution of sound 9:45 You’re Remixing Me Up: Sorting Out a venture without having a written recordings. the Legal Issues in Remixes, Mash-Ups agreement in place. and Music Samples John Strohm, Nashville, TN Michael D. Farris, Dallas 1 hr (.25 ethics) Loeb & Loeb This panel aims to clarify the issues Vincent Serafino Geary Waddell Jenevein surrounding the “remix” culture, and its 12:00 Lunch on Your Own Brent A. Turman, Dallas musical cousins “mash-ups” and “music Vincent Serafino Geary Waddell Jenevein 1:00 Clearing Films for E&O Insurance sampling,” and the U.S. Commerce and Handling the Claims That Are 3:00 Break Department’s recommendations for Sure to Follow 1 hr (.25 ethics) copyright issues in remixes. The author of “Clearance & Copyright” 3:15 Investor Financing of Independent Moderator and leading legal counsel on fair use Film - Issues and Options 1 hr Stan Soocher, Esq., Denver, CO and documentary films will answer Is your client raising money from Editor-in-Chief, “Entertainment Law & questions on fair use, personal rights private investors? John Cones will Finance” and the all-important risk assessment. discuss the securities issues, business entity structure and formation, and Associate Professor, Music & Michael C. Donaldson, Esq., private placement documents. Entertainment Industry Studies Beverly Hills, CA University of Colorado Denver Donaldson & Callif John Cones, Austin Law Office of John Cones Michael C. Donaldson, Esq., Sally Helppie, Dallas Author, “43 Ways to Finance Your Beverly Hills, CA Vincent Serafino Geary Waddell Jenevein Donaldson & Callif Feature Film” 2:00 Fifty Shades of Greed: A Case Study Edward H. Shapiro, New York, NY 4:15 Adjourn on Partnership by Conduct 1 hr Reed Smith The “Fifty Shades of Grey” trilogy

2016 Texas Star Award Recipient For their generous support of Prior to founding Christian L. Castle, Attorneys in Austin, Texas, Chris was SVP and General this program, Counsel at SNOCAP in San Francisco, SVP Business Affairs at Sony Music in New York, and VP Business TexasBarCLE and & Legal Affairs at A&M Records in Hollywood. He is a frequent speaker at professional events such as the Entertainment the National Association of Attorneys General, SXSW and the California Copyright Conference. Most and Sports Law recently, Chris lectured at the University of Texas Butler School of Music, American University and the Section recognize UCLA Herb Alpert School of Music. As an important voice in the national debate over music industry and thank and copyright law policy, Chris also writes a blog for the Huffington Post, contributes to Hypebot and The Trichordist, and writes the MusicTechPolicy.com and MusicTech.Solutions blogs.

Photo by Brenda Ladd Chris is an MBA graduate of the UCLA Anderson School of Management and a JD graduate of the UCLA School of Law where he was a member of the UCLA Law Review and an Olin Fellow in Law and Economics. He is admitted in Texas and California.

3 F Y I TexasBarCLE.com

Ways to Save on This Course! Reserve Your Hotel Room Early

Meet the October 20 Deadline and Save $50 Rooms have been blocked at special rates on because early registrations help us ensure that sufficient course books, seating, a space available basis. To make a reservation, and refreshments are available. Course materials and seating will be reserved for contact the hotel and indicate that you will be preregistrants until the start of the first topic. attending this State Bar of Texas course. Entertainment and Sports Law Section Members Can Save Up To $75 by registering by the October 20 deadline (thereafter, save $25). Not a member? LIVE Austin To join, visit your My Bar Page and join online, or download a membership form Sheraton at the Capitol from TexasBar.com/sections to pay by mail. Please do not send Section membership 701 East 11th Street payment with your registration fee. Austin, TX 78701 (512) 478-1111 Earn Discounts by Registering Five or More $189 single/double from your firm or agency. Contact Firm & Group Sales Manager Deadline: September 12 Laura Angle at 512-263-2802 or [email protected]. HALF OFF for Attorneys Licensed 5 Years or Less! Or, make your reservation online: You read that right! See the registration form. http://tinyurl.com/EntertainmentLaw2016

The reserved block of rooms may fill up before the deadline. Act now! Scholarship Information TexasBarCLE offers scholarships for live courses, video replays, online classes, and webcasts. To apply or learn more, call 800-204-2222, x1574, Mon-Fri 8am-5pm CT. Please apply at least two weeks prior to any live/video replay course or at least one week prior to any webcast or online class. Course Director Active State, County, and Texas-Area Federal Judges, Administrative Law Judges, Mike Tolleson...... Austin Hearing Examiners, and Judge’s Staff Attorneys May Attend for Free, Provided: Planning Committee (1) the course directly relates to the judge’s tribunal’s jurisdiction, (2) the judge is a full-time Tamara H. Bennett...... Lewisville judge or retired under a judicial retirement system and (3) space is available for all paying Edward Z. Fair...... Austin registrants. This privilege does not extend to prosecutors, receivers, trustees, other court Mike Farris...... Dallas staff, or persons serving part-time in a judicial capacity. Actual attendance is required to Adam Mandell...... Austin receive course materials. Michele Martell...... Austin Amy E. Mitchell...... Austin Parking Information Brooks Rice...... Austin is subject to change and does not guarantee available space. Sheraton at the Capitol is Prof. Stan Soocher...... Denver, CO offering attendees a discounted self-parking rate of $12 per day (based upon availability). Steven Winogradsky...... Studio City, CA Entertainment and Sports Law Section of the If You Need Special Accommodations to Attend, State Bar of Texas please contact us as soon as possible at 800-204-2222, x1748. Amy E. Mitchell...... Chair Registered But Can’t Attend? Still Earn MCLE Credit Mike Farris...... Chair-Elect Melissa Thrailkill...... Treasurer and receive course materials by taking the course online later, in which case you’ll Victoria Helling...... Secretary automatically be sent the course materials. If you wish a refund instead, mail or fax Sally C. Helppie...... Immediate Past Chair (512-427-4443) your request so that we receive it at least one business day before the program. TexasBarCLE Planning Team Kandi Botello...... Program Planner FREE TO OUR REGISTRANTS! Online Videos and MP3s of the Topics will be available Michelle Townley...... Sr. Program Coordinator to registrants 6-8 weeks after the course. Provide your e-mail address when preregistering Yvette Ramirez...... Written Materials Coordinator to be notified when and how these benefits may be accessed. (Note: Presentation lengths Kathy Kasper...... Meeting Planner may vary from that which was advertised.) There’s no extra charge; as a registrant, you’re State Bar of Texas already entitled! Frank Stevenson...... President Tom Vick...... President-Elect Interested in Sponsoring or Exhibiting at This Course or Others? Joe Escobedo Jr...... Chair of the Board Contact Julie Marshall at 512-427-1797 or [email protected]. Allan K. DuBois...... Immediate Past President Sam Houston...... TYLA President Policy of Impartiality Hon. Xavier Rodriguez...... Chair, CLE Committee The State Bar of Texas does not endorse political candidates. When a candidate for public Joe Indelicato...... Chair, Board PDP Committee office is included in promotion for or participates in a TexasBarCLE event, the State Bar is Michelle E. Hunter...... Executive Director not taking a position for or against anyone’s candidacy. Hedy Bower...... Director, TexasBarCLE

4 REGISTRATION FORM

WAYS TO ONLINE PHONE FAX MAIL REGISTERING REGISTER TexasBarCLE.com 800-204-2222, x1574 512-427-4443 State Bar of Texas FIVE OR MORE? credit card only during business hours credit card only LB# 972298 E-mail Laura Angle at credit card only P.O. Box 972298 [email protected] Dallas, TX 75397-2298 for group discount check or credit card information.

Lawyers licensed 5 years or less take HALF OFF! Entertainment Law Institute 8095

1 Entertainment Law [8095] 3 I’m entitled to 1 or 2 discounts on the Course: Austin LIVE, November 3-4, 2016 ¡ $50 OFF because I’m registering by the October 20 deadline. (If ¡ Regular Registrant ...... $545 by mail, date of postmark will be determinative.) Take $50 OFF: Register by October 20, 2016 $25 OFF because (choose 1 box only) I’m a member of the ¡ Licensed 5 years or less, HALF OFF . . . . . $272.50 ¡ Entertainment and Sports Law Section No discounts in section 3 may be taken. ¡ Texas Bar College ¡ Paralegal Division

I may attend complimentary because I am (see p. 4): ¡ Qualifying judge ¡ Judge’s staff attorney 4 I can’t attend. Just send course materials. FREE Shipping & Handling ¡ Course hardcopy book $155 (plus tax; see footnote†)

2 I want my Course materials format to be: To order a discounted PDF download of course materials (available 1-2 ¡ Hard copy book as well as a PDF download of same weeks after the course), search Publications at TexasBarCLE.com. (both formats included in registration fee) ¡ PDF download ONLY so I’ll take $25 OFF

5 My total is $______. I am paying by: †Plus 8.25% sales tax on total course book ¡ Check (enclosed) payable to the State Bar of Texas for $______sales only. Please include sales tax or attach an exemption certificate. Book orders are ¡ Visa ¡ MasterCard ¡ AMEX ¡ Discover shipped separately 1-2 weeks after the live PLEASE PRINT LEGIBLY Account No.______Exp. Date______program. A bill will be sent unless a credit card charge is authorized on this form. Name on card (Please print) ______Signature ______For information on audio CDs of course topics, contact our Flash CLE service at State Bar Membership No. ______800-204-2222, x1575. MP3 files of topics Registrant Name______will be downloadable from TexasBarCLE.com 6-8 weeks after the course. Firm Name/Court ______Address for Bar-Related Mail ______QUESTIONS? 800-204-2222, x1574 • 512-427-1574 City/State______Zip______Phone ( ) ______Fax ( ) ______E-Mail (required for registrant’s PDF download option):______A confirmation of your registration will be sent to the e-mail address you provide. JNW

5 6 State Bar of Texas 26th Annual NON PROFIT ORG P.O. Box 12487 U.S. POSTAGE Austin, TX 78711-2487 Entertainment Law Institute PAID PERMIT NO. 1804 LIVE Austin Nov. 3-4, 2016 AUSTIN, TEXAS

Join

ormed in 1989, the Entertainment and Sports Law Section consists of Photo by Todd Purifoy Photo by Todd Fmore than 600 licensed attorneys throughout the state who practice entertainment and sports law. Section members represent a wide variety of clients including artists, filmmakers, athletes, media companies, employers, employees, and entertainment and sports organizations, in both the private and public sectors. The purpose of the Entertainment and Sports Law Section JOE ELY 2016 TEXAS STATE MUSICIAN is to promote and enhance the practice of law by all lawyers who concentrate or have an interest in entertainment and sports law. Joe Ely blew out of Lubbock in the mid-70s and toured the world with a Join today and get involved in the Section’s activities. Some of the areas rock n roll band influenced by Buddy in which you can serve are legislative (state and federal), merchandising, Holly, Waylon Jennings, Roy Orbison, website, social networking, event planning, marketing and more. and Bob Wills who preceded him. His songs about howling winds, dust Section membership is from June 1 to May 31. To join, visit your My Bar Page storms, freight trains, rattlesnakes, love and join online, or download a membership form from TexasBar.com/sections lost and found, with lyrics carried by a to pay by mail. You may also complete the information below and forward it Tex-Mex mixture of rock, country, blues, with a check in the amount of $30 to State Bar of Texas, ATTN: Membership folk, zydeco and norteno music put Dept., P.O. Box 12487, Austin, Texas 78711-2487. (Dues waived for Law him on stage with performers such as Students and New Lawyers licensed 2 years or less.) Bruce Springsteen, the Rolling Stones, the Clash, and Tom Petty. Today he tours with his band and often plays Name______with pals, Jimmie Dale Gilmore and Address______Butch Hancock as The Flatlanders. Joe was recently inducted into the Texas Bar Card No.______Heritage Songwriter’s Hall of Fame and is the 2016 Texas State Musician. For more information visit www.TESLAW.org 6