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Liv e A ustin Om ni Ho tel Octo ber 2 1-22, 2005 Entertainm ent Law Institute Legal an d Business Aspects of Musi M c, otion Pictures, and Digital Entertainment Cosponsor ed by the Entertainment and Sports Law Section of the State Bar of Texas

AUSTIN Friday sub-publishers; strategies for collect- ing royalties from around the world; October 21-22, 2005 6.5 hrs including 1.5 hr ethics changes resulting from the formation Omni Hotel Downtown of the European Union; new revenue 8:00 Registration streams in a digital world and how to collect them. 1 hr 8:30 Welcoming Remarks MCLE CREDIT Institute Director Steve Winogradsky, N. Hollywood, CA 13.25 HOURS (2.25 ETHICS) Mike Tolleson, Austin President, The Winogradsky Company MCLE COURSE NO: 000086443 Mike Tolleson & Associates 11:45 Break for Lunch (Sponsored by BMI) COPYRIGHTS Applies to the College of the State 12:00 Luncheon Award Presentation: Bar of Texas. 8:45 The Global Copyright Protection Honoring M. William Krasilovsky, System with Emphasis on Music, recipient of the State Bar of Texas Film and Literary Works. A review Entertainment & Sports Law Section of the international network of trea- 2005 Texas Star Award for Outstanding CPE Credit ties and strategies for global protec- Contribution and Achievement in the TexasBarCLE is registered with the tion of creative works of U.S. origin; field of Entertainment Law. Texas Board of Public Accountancy effect of territorial differences on the to offer courses. The State Bar’s commercial exploitation of music, Family Law and Copyrights. motion pictures and literary works; continuing education sponsor I.D. .5 hr / .25 ethics for use < 0.5 sq" current major issues and potential number is 135. Since CPE credit is M. William Krasilovsky, New York, NY solutions. 1 hr Law Offices of M. William Krasilovsky calculated on a 50-minute hour, this and John Gross course totals 16 hours. Lon Sobel, Santa Monica, CA Editor, “Entertainment Law Reporter” 1:00 Break

9:45 Copyright in the Digital World. ETHICS For their generous support of this Recent business developments and program, TexasBarCLE and the legal issues resulting from convergence 1:15 Ethics Issues for the Practicing Entertainment and Sports Law of digital technology and the music Entertainment Lawyer. A review of business; impact of MGM v. Grokster, Section of the State Bar of Texas issues such as dual professions, adver- for use > 0.5 sq" and recent legislation. .75 hr would like to recognize and thank: tising rules, compensation arrange- ments, and contingency fees. Susan Butler, New York, NY .75 hr ethics Legal & Music Publishing Editor, Bill- board and Entertainment Law Weekly Randal Johnston, Dallas Johnston-Tobey 10:30 Break

10:45 The Global Royalty Collection ESTATE PLANNING System for Music Publishers and 2:00 Estate Planning and Administration Owners of Sound Recordings. A for Copyright Owners. A review of review of the international network estate planning issues specific to copy- of performing rights and mechanical rights; administration of songwriter licensing agencies; the role and use of Legal and Business A spects of Music and artist estates; rights of heirs. , 1 hr / .25 ethics gies and tactics for collecting past due M royalties; handling statute of limitation otion Picture Paula Katz, New York, NY dent producers and theatres in Texas; s, and Digi defenses; review of claims theories and tal Entertainment ASCAP working with union contracts; music Cosponsored by the Entertainm case studies. .75 hr / .25 ethics licensing; choice of entity. 1 hr ent and Sports Law Section of the State Bar of Texas M. William Krasilovsky, New York, NY Steven Ames Brown, San Francisco, CA Law Offices of M. William Krasilovsky Moderator Attorney at Law and John Gross Sokolow, Austin Professor, School of Law 9:30 The Ever-Changing Record Busi- 3:00 Break The University of Texas at Austin ness. Negotiating artist agreements with major labels; a review of recording Ev Lunning, Jr., Austin TRADEMARKS and contract provisions dealing with new BRAND MANAGEMENT Artistic Director, Mary Moody technology and business opportuni- Northen Theatre ties; issues facing independent record St. Edwards University 3:15 Global Protection Strategy for companies. 1 hr Entertainment Industry Trademarks Lisa Byrd, Austin and Servicemarks. Practice tips for Chris Castle, Sherman Oaks, CA Executive Director, ProArts Collective registering names and developing a Attorney at Law global protection strategy for band names, company names, film titles, Peter Gordon, Norwalk, CT MOTION PICTURES television programs, and domain Thirsty Ear Recordings, Inc. names; product placement and trade- 2:00 Movie Money. Learn how to develop a money raising business plan; author mark issues for film producers. .75 hr 10:30 Break of Filmmakers and Financing: Business Plans for Independents talks about Purvi J. Patel, Dallas DIGITAL ENTERTAINMENT Haynes and Boone developing strategies and guiding en- trepreneurs in looking for and working 10:45 Coming at You: New Products, CONTRACTS with equity financing. Problems and Processes Enabled .75 hr / .25 ethics and Accelerated by the Global 4:00 Court Currents: A Practical Look at Internet and Digital Convergence. Louise Levison, Sherman Oaks, CA Recent Court Cases Impacting the New challenges are being created for President, Business Strategies Entertainment Industry. A review of entertainment and copyright lawyers recent court decisions regarding key by new technology-based media and 2:45 Break contract law issues as they pertain to mobile devices. Copyright and busi- film and music industry agreements. ness issues flow from blogs, podcast- 3:00 How to Make a Killing with an .75 hr / .25 ethics ing, self-publishing, new-style roll- . A case study of your-own Creative Commons licenses, the Texas Chainsaw Massacre. Famous Stan Soocher, Denver, CO and other recently emerging tools. A movie critic, Joe Bob Briggs, and the Editor-in-Chief, Entertainment Law & veteran information technology lawyer attorneys responsible for the recovery Finance will address the changes entertainment and financial success of the film talk industry clients and counsel should about the business and legal history of 4:45 Adjourn expect and suggestions for handling this classic film industry horror story. the results. .75 hr 1 hr / .25 ethics

Saturday Henry W. “Hank” Jones, III, Austin John “Joe Bob Briggs” Bloom, 6.75 hrs .75 hr ethics Law Office of Henry W. Jones, III New York, NY Intersect Technology Consulting Writer 8:30 Announcements 11:30 Lunch on your own Institute Director Charles O. “Chuck” Grigson, Austin Mike Tolleson, Austin Law Offices of Charles O. Grigson Mike Tolleson & Associates THEATER Robert J. Kuhn, Austin MUSIC 1:00 Raising Money and Producing Kuhn, Doyle, & Kuhn Theatre Way Off Broadway. Legal and business issues facing indepen- 8:45 Resolving Royalty Claims and Dis- 4:00 Adjourn putes in the Music Business. Strate- FACULTY

M. William Krasilovsky, recipient of the Entertainment & Sports Law Section 2005 Texas Star Award for Outstanding Contribution and Achievement in the field of Enter- tainment Law, will speak at lunch Friday on Family Law & Copyrights and again at 2:00 on Estate Planning for Copyright Owners.

M. William Krasilovsky is co-author of the books, “THIS BUSINESS OF MUSIC” and “MORE ABOUT THIS BUSINESS OF MUSIC,” published by Billboard, the leading trade paper of the music industry. Both books have been recognized as leading reference texts by the American Library Association and ASCAP, as well as being sometimes re- ferred to as the “bible” of the music business by working musicians and others involved in the industry.

Mr. Krasilovsky is an attorney specializing in music and entertainment matters. In addi- tion to the estates of Lorenz Hart, Rachmaninoff, Duke Ellington, Buddy De Sylva, Ray Henderson and Fats Waller, he also represents or has represented classic industry figures such as Johnny Cash, Crystal Gale, Chuck Berry, Mary Wilson of The Supremes, Billy Tay- lor, Gian Carlo Menotti, Harry Connick, Jr., Barry Eastmond and Dick Hyman as well as numerous other composers, publishers, recording artists, producers, studios and record companies.

MIKE TOLLESON, Program Chair, has tional magazine Award nomination in She also serves on the board of gover- a long standing practice in the music, 2005 for “They Came, They Sawed”, a nors for The Recording Academy (the motion picture, television and digital 30-year history of “The Texas Chainsaw Grammy organization), New York Chap- media industries. He represents indi- Massacre.” ter. Prior to joining Billboard in August viduals and companies in connection 2004, Butler practiced law in New York with their entertainment industry legal STEVEN AMES BROWN specializes and California for 21 years, represent- and business affairs. He is a former in enforcing the rights of performers ing clients throughout the world in the chairman of the Entertainment and and authors in the areas of music, film, entertainment and technology fields. Sports Law Section of the Texas Bar and rights of publicity, unfair competi- the founder of the Entertainment Law tion and royalty collection. His client LISA BYRD is Executive Director of Institute. For more information see roster has included the estates of ProArts Collective, Austin’s primary miketolleson.com. Fred Astaire, Judy Garland and Orson producer of African American the- Welles, and actors and pop stars from atre. ProArts hosts the annual African JOHN BLOOM, journalist, actor, sati- the 50’s and 60’s. He is a frequent American Festival of Dance as well as rist, author and television personality, speaker and writer on the subject of other exhibits and events. It also offers best known as his alter ego JOE BOB royalty collections. technical and professional assistance to BRIGGS, intellectual redneck. John has artists and smaller arts organizations. won and been nominated for many SUSAN BUTLER is the legal and music She has a masters degree in theatre literary awards including his third Na- publishing editor for Billboard magazine history from Texas State University, and and editor of the magazine’s online a masters certificate in audio engineer- newsletter Entertainment Law Weekly. ing. Until recently she was production director for Ballet Austin. Business Manager from 1992 until HANK JONES, aka Memphis Hank, 1997. Currently, he serves as Artistic CHRIS CASTLE is an LA-based attorney formerly with the firms of Arnold Director. representing artists, record producers, White & Durkee, and Fulbright & Ja- major and independent record labels, worski, Hank specializes in the emerg- PURVI J. PATEL was voted a 2004 music publishers, and music industry ing legal issues resulting from the Texas “Superlawyer” and “Rising executives and technology companies. convergence of copyrightable content Star” and concentrates her practice with new technology-based media. with Haynes & Boone in the areas PETER GORDON has more than 25 He is a frequent speaker on e-com- of counseling on the procurement, years experience providing marketing merce, web publishing, open source protection, enforcement and manage- and programming innovations to the strategies and the Internet. ment of domestic and international entertainment industry. In his role as trademark portfolios and in cases of CEO/President of both Thirsty Ear Com- PAULA KATZ is a 1987 graduate domain name disputes, advertising munications, Inc. and Thirsty Ear Re- of New York University School of clearance and false advertising issues, cordings, Inc., Peter has guided Thirsty Law. She spent three years in private and the registration and enforcement Ear through co-ventures with three of practice and joined ASCAP in 1990 as of copyrights. the current four major music compa- a staff attorney. In 1995, the Estates nies, and has forged new multi-media and Claims Department was formed LON SOBEL is Editor of Entertainment alliances with the leading companies to deal with ASCAP’s members’ legal Law Reporter and professor and direc- of the broadcast and cable industries. issues with Ms. Katz as Director. She tor of UK Summer Abroad Program of Gordon is a founding board Member currently holds the position of Assis- Southwestern University School of Law. of the American Associated of Inde- tant Vice President of Legal Affairs. pendent Music (AAIM) and a Corporate PROFESSOR DAVID SOKOLOW Officer of the Organization. BOB KUHN, after serving as Travis teaches in the areas of contracts, cor- County Justice of the Peace in the late porations, and entertainment and art CHUCK GRIGSON has been practicing 60’s, founded the firm of Kuhn, Doyle law at the University of Texas School law in Austin, Texas for over 30 years. and Kuhn, which focuses on injury of Law. Sokolow, a two-time winner He serendipitously became involved and death claims, elder law and crimi- of the Texas Exes Teaching Excellence in entertainment law in April 1981 nal defense . Bob specializes in elder Award, clerked for the Honorable when he was appointed by a former law, guardianship litigation, estate Thomas Gibbs Gee of the US Fifth employer, United States District Judge planning, will contests, and protection Circuit Court of Appeals, and worked Jack Roberts, to be the Trustee for of nursing home residents. He has for Paul, Weiss, Rifkind, Wharton & the Owners of “The Texas Chainsaw completed more than 30 marathons Garrison in New York before joining Massacre”, at a time when the own- and several Ironman triathlons. In the Texas faculty in 1981. ers were battling among themselves 1973, Bob became one of the first after reclaiming rights to the film from investors in and attorney for the origi- STAN SOOCHER is Associate Profes- persons of questionable character in nal production of “The Texas Chain- sor, in the Department of Music & New York. saw Massacre.” Entertainment Industry Studies at the University of Colorado at Denver. He is RANDAL JOHNSTON, in addition to LOUISE LEVISON is president and also an entertainment attorney and the being a published poet, aspiring song- founder of Business Strategies, a long-time editor-in-chief of Entertain- writer, passionate guitar player, and consulting firm, which specializes in ment Law & Finance. In addition, Stan founding member of Blue Collar Crime, writing business plans for film, inter- is an award-winning journalist and a Texas blues brotherhood composed of net and other entertainment related author of the critically acclaimed book four lawyers and a guitar legend (who companies, developing corporate “They Fought the Law: Rock Music needs four lawyers), Randal has been strategies and guiding entrepreneurs Goes to Court” (www.theyfoughth- recognized by D Magazine as one of in looking for and working with telaw.com). the “Best Lawyers in Dallas” and Texas equity financing. She is author of Monthly as a “Texas Super Lawyer.” “Filmmakers and Financing: Business STEVE WINOGRADSKY is the Presi- His practice is limited to litigation, spe- Plans for Independents.” dent of Winogradsky Company in cializing in professional liability and he North Hollywood, California which is a frequent speaker on the subjects of EV LUNNING, JR. has been an actor, provides music business affairs and ethics and malpractice. a teacher, and an administrator at St. legal support for composers, songwrit- Edward’s University in Austin, Texas, ers, music publishers, recording artists since 1990. He served as Theatre and television, film, video and multi- media producers. COURSE INFORMATION

Register Early and Save $20 Planning Committee by registering no later than two weeks before the presentation date. Early registrations help us ensure that sufficient course books, seating, and refreshments will be available. Mike Tolleson, Chair Austin Registrations are accepted on a space-available basis. Course materials and seating will Yocel Alonso Houston be reserved for pre-registrants unitl the start of the first presentation. No confirmation will be sent; pick up your name tag and program materials at the program. J. Craig Barker Austin Tamera Joy Hall Bennett Lewisville Entertainment and Sports Law Section Members Can Save Up To $45 because the Section cosponsors this course with TexasBarCLE. If you are a Section Robert R. Carter Jr. Austin member, or you agree to become one by the date of the presentation that you plan to Ed Fair Austin attend, you save $25. Register early and save a total of $45! See registration form for details. To join the section, please contact the State Bar’s Sections Coordinator, Kathy David Garcia Jr. San Antonio Casarez, at 800-204-2222, x1425. Please do not send payment for section membership with your registration fee. J. Edwin Martin Dallas Kenneth William Pajak Austin Qualifying Judges May attend complimentary, provided (1) the course is directly related to the jurisdiction Russ Riddle Murphy of their tribunal, (2) they are full-time judges or judges retired under the judicial Stan Soocher Denver, CO retirement system and (3) space is available after admission of all paid registrants. Judges must actually attend to receive course materials. This non-transferable privilege does Steve Winogradsky N. Hollywood, CA not extend to receivers, trustees, court staff, or persons serving part-time in any judicial capacity. Entertainment and Sports Law Section If You Register But Cannot Attend of the State Bar of Texas and would like a refund, mail or fax (512/463-7387) your refund request so that it is Tamera Bennett Chair received by us at least one business day before the program. Registrants who do not attend will be sent the written materials. Kenneth W. Pajak Chair Elect/Treasurer

Two Free Online Benefits for Course Registrants J. Craig Barker Secretary will be available 4-8 weeks after the course: (1) streaming video and audio versions of Yocel Alonso Immediate Past Chair each presentation and (2) electronic versions of the course materials . To access these benefits, log onto TexasBarCLE.com. To view videos, look under “Your Online Class- room” and click on “Free Classes from Seminars You’ve Attended.” For course materials, State Bar of Texas check our home page for “Your Online Library.” Below that, click on “Free Articles from Seminars You’ve Attended.” Remember: there’s no extra charge. As a registrant, you’re Eduardo Roberto Rodriguez President already entitled! Thomas C. Godbold Chair of the Board MP3 CDs (see Registration Form) Martha S. Dickie President-Elect require an MP3-compatible device (e.g., an iPod or a portable or non-portable CD/MP3 player) for playback. Older CD Players may not play MP3 CDs. Most computers can play Kelly Frels Immed. Past President MP3 CD; many can be used to extract MP3 files and burn them onto audio CDs playable Lee Ann Reno TYLA President in car stereos. MP3-compatible devices may be combined with a commercially available adaptor to transmit sound to a car’s FM radio or audiocassette player. David Keltner Chair, CLE Committee John Edwards Executive Director Persons With Disabilities who need special accommodations to attend should contact us as soon as possible at Pat Nester Director, TexasBarCLE 1-800-204-2222 x2097. Adriana Resendez Program Attorney Parking at the Omni Austin Hotel Downtown Kandi Botello Program Coordinator Valet and self-parking in secured, underground garage (fee). Airport shuttle service avail- able through Super Shuttle (fee). Call 512-258-3826

Reserve Your Hotel Room Early Hotel rooms have been blocked at special rates on a space available basis. To make a reservation, contact the hotel and indicate that you will be attending the State Bar of Texas Entertainment Law Course.

Omni Austin Hotel Downtown 700 San Jacinto 512-476-3700 $129 for a single or a double Deadline: September 29, 2005*

* The reserved block of rooms may fill up before the deadline indicated. Act now! Registration Form Four ways to register

n Online n Phone n Fax n Mail TexasBarCLE.com 800-204-2222, x1574 512-463-7387 State Bar of Texas - CLE credit card only during business hours credit card only LB #972298 credit card only P. O. Box 972298 Dallas, TX 75397-2298 check or credit card Entertainment Law Institute 8095

1 Check all applicable boxes below to calculate your fee: q $300 Austin LIVE, October 21-22, 2005 q SUBTRACT $20 if registering on or before October 7, 2005. (If registration is by mail, date of postmark will determine if this fee applies.) q Subtract $25 if you are a member of the State Bar Entertainment and Sports Law Section -OR- State Bar College -OR- licensed two years or less. q No charge for Qualifying Judge

My registration fee after all calculations: $ ______

2 State Bar Membership No. ______

Name ______Firm Name/Court ______Address for Bar-Related Mail ______

City/State ______Zip ______

Phone ( ) ______Fax ( ) ______

E-Mail: ______

I can’t attend. Just send course materials.* QUESTIONS? q Course Book $145 each† Quantity: ______q Set of MP3 speeches on CD $150 set† Quantity: ______800-204-2222, x1574 q Set of course audio CDs $150 set† Quantity: ______512-463-1463, x1574

3 I am paying by: q Check (enclosed) payable to the State Bar of Texas for $______q Visa q MasterCard q AMEX q Discover Account No. ______Exp. Date ______

Name on card (Please print) ______

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Be sure to take advantage of special film festival discount passes available only to TexasBarCLE Entertainment law registrants. (See back of brochure for more details.)

*Online versions (PDFs) of course materials will be available 4-6 weeks after the course. Check the Online Library at TexasBarCLE.com. †Plus $15 postage/handling per order for books ($5 per order for audio CDs) and 7.25% tax (8.25% for Austin address) on total. Book orders and audio CD orders are shipped separately and filled approximately 4 weeks after the live program. You will be billed unless you authorized a credit card charge above. CDs require MP3-compatible player for playback. Older CD players may not play MP3s. See “MP3 CDs” under “Course Information.” 12th Anniversary Austin Film Festival 2005

on’t miss the 12th anniversary of the Austin Film Festival, Be sure to take advantage of these special DOctober 20-27, in Austin, Texas! Focusing on the art and Austin Film Festival Discount Passes commerce of film and television writing and production, this year’s Conference will feature several panelists nominated for Academy ** exclusively for Entertainment Law registrants Awards®, including: Paul Haggis, screenwriter of Million Dollar Baby, Terry George, director and co-writer, with Keir Pearson, of Regular Conference Badge* $325 (regular price = $375) Hotel Rwanda, and James L. White, who wrote Ray. This pass provides the perfect opportunity to network with your colleagues in the business and have lots of fun in the process! Includes admission to: Comedy is a large component of this year’s Festival and there will be a wide variety of comedy panels, speakers and films highlighting the impact of • Panel Discussions • Film Screenings for all 8 nights comedy in film and television. Comedy panelists include 2005 Distinguished • Exhibit Hall • WGA,e Mixer Screenwriter Award recipient (National Lampoon’s Vacation, • Meet and Greets • Conference Closing Wrap Party ); Judd Apatow (Freaks & Geeks); (); “” team of Jim Dauterive, John Altschuler and Dave Krinsky; Jessica Bendinger (Sex & The City); Anne Rapp (Dr. T. & the Women), and more. All-Access Producers Pass* $550 (regular price = $650) This is the real deal premier pass and includes admission to everything In addition to the panels, there will be over 80 advance screenings and film above AND the following: premieres, as well as after parties providing the opportunity to mingle and network with the A-list filmmakers, screenwriters, agents, managers, producers, development executives who come in annually. • Opening Night Premier Party • Filmmaker’s Happy Hour • Texas Commission BBQ Supper • Closing Night Premier Party For over a decade, the AFF has been committed to bringing the biggest and brightest names in entertainment to Austin. In 2005, AFF continues its tradition of celebrating screenwriters and filmmakers while highlighting some of the *Certain special events may require an additional purchased ticket. Individual most notable narrative and documentary independent films of the day. The AFF passes are for one person only and do not include a guest. Screenwriters Conference will provide registrants unparalleled access to some of **Passes available by phone only at 1-800-310-FEST and require proof of the best writers in the field. Don’t just watch – be a part of it all! registration for the 2005 TexasBarCLE Entertainment Law Institute.

The Conference is a rewarding, encouraging and fun experience for beginners and professionals alike. For writers, the climate of camaraderie and exchange created by the Conference is both incredible and indispensable

Check out www.austinfilmfestival.com or call 1-800-310-FEST for more information.

State Bar of Texas NON-PROFIT ORGANIZATION P.O. Box 12487 U.S. POSTAGE Austin, TX 78711-2487 PAID PERMIT NO 1804 AUSTIN TX