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Entertainment, Arts and Sports Law Journal NYSBA SPRING 2007 | VOL. 18 | 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 Letter from the Chairman The EASL Section’s An- ed were treated to an afternoon of eloquent and informed nual Meeting on January 22, 2007 discourse from Mark Eisenberg (SonyBMG Music En- was a resounding success. At- tertainment), Kenneth Kaufman (Skadden, Arps, Slate, tendance records were crushed Meagher & Flom, LLP), Paul LiCalsi (Sonnenschein Nath under the feet of hotel workers & Rosenthal LLP), Stanley Pierre-Louis (Kaye Scholer rushing in with additional seats LLP), Gillian Lusins (NBC Universal Inc.), Jeffrey Neu- to accommodate the last-minute burger (Thelen Reid Brown Raysman & Steiner LLP), registrants. The program, “The Marc Reisler (Katten Muchin Rosenman LLP), Barry Impact of Digital Technologies on the Skidelsky (Co-Chair, EASL’s Television and Radio Com- Entertainment Business,” focused mittee) and Charles Wright (A&E Television Networks), on two main areas, digital distri- Alan D. Barson to whom we extend our grateful thanks. Congratulations bution of content to mobile devices and grateful thanks also go to the EASL Section Programs and legal issues relating to user-cre- Committee co-chairs, Michele Cerullo, Tracey Greco and ated content websites such as YouTube and MySpace. Joyce Dollinger for putting together this extraordinary The panelists were an esteemed group of top legal talent, program. the majority of whom (we proudly note) are active EASL Section members (indicated in boldface below). Indeed, For those of you who missed it, there are second both panels were moderated by members of the EASL chances. To meet the demands of those members who Section Executive Committee. Those of you who attend- could not be present at Section-wide programs, for a very reasonable fee we make those programs available Inside Editor’s Note .............................................................................................3 The Future Is Calling (Or Is It the Past?) (Elissa D. Hecker) Register Deems Compulsory License of Copyright Act NYSBA Guidelines for Obtaining MCLE Credit for Writing .............4 Applicable to Cell Phone Ringtones.............................................. 13 (Matthew David Brozik) Law Student Initiative ............................................................................. 5 The Bamiyan Buddha: The Tangible and the Intangible, EASL Section and BMI Offer Law School Scholarship .......................6 a Confounded Relationship between Religion and Addenda to Art as Wealth: Frequently Asked Questions Cultural Property ............................................................................. 18 about Estate Planning for Art Collectors .........................................7 (Jason Noah Summerfield) (EASL Journal, Summer Issue 2006) Entertainment, Arts and Sports Law Section (Gerry Morlitz and Elizabeth E. Nam) Annual Meeting .................................................................................24 Women Entertainment Attorneys Take Time for Holiday Tea .......... 9 The Copyright Implications of YouTube .............................................58 (Diane Krausz) (Jonathan Purow) Touchdown, Brent Jones! 49ers’ Tight End Scores in a Big So You Wanna Be a P2P—An Analysis of P2P and OSP Victory over CBS .............................................................................. 10 Liability Post-Grokster .......................................................................64 (Joseph M. Hanna) (David M. Mann) Volunteer Lawyers for the Arts .............................................................74 WWW.NYSBA.ORG/EASL via DVD. The 2007 program will be available this spring, As I write this column, plans are in high gear for the complete with all written materials. EASL Annual Meet- EASL Section’s 20th Anniversary celebrations. That’s ing programs from 2005 and 2006 are also available at right—the EASL Section is growing up. To mark this mile- www.nyeasl.org (click the EASL Recorded Programs link stone, the 2008 Annual Meeting and Reception promises on the left). If you are looking for an enjoyable, informa- to be the best ever, and a special edition of the Journal, to tive and affordable way to get some CLE credits, I highly be published just prior to the meeting, is in the planning recommend them. For those of you who just can’t wait stages. Other events are in the works too. Watch your e- to see what the panelists had to say, or wish to remind mail inbox for further announcements. yourselves of what you experienced, an edited transcript of the entire 2007 program is reproduced within this is- Of course, you have to be an EASL Section member sue of the Journal. in order for those little missives to keep rolling in. This being the very end of membership renewal season, I hope Unfortunately, there are no second chances (until you have signed up for another great year of NYSBA and next year, anyway) for those of you who missed our third EASL Section membership. You can do this online, of annual cocktail reception (sponsored, in part, once again course. If you haven’t, those e-mails will suddenly stop by XM Satellite Radio), which followed the program. The arriving in April. Please don’t let that happen. If you have 16th fl oor Sky Lounge at the New York Marriott Marquis any questions (or qualms), PLEASE contact Rosemarie was the festive setting for this gathering, and a great Tully, our Membership coordinator, or Juli Turner at the time was had by all. Not only did the program attendees Bar Center in Albany. For those in need of fi nancial as- and panelists have an opportunity to kick back after the sistance, details of the Dues Waiver Program can be found program, but we were joined by invitees from the Young on the NYSBA web site (www.nysba.org/dueswaiver). Lawyers Section and members of the Intellectual Prop- For Section-wide programs, scholarships are usually erty Law Section, whom we will hopefully be welcoming available as well, and details are provided in program an- as EASL Section members and active participants very nouncements. Being part of a strong professional organi- soon. Special thanks go to EASL’s Membership Coordi- zation can play an important role in career development, nator, Rosemarie Tully, for coordinating the recruitment particularly during periods of transition or other chal- drive, and to Judith Prowda for obtaining the wonder- lenging times. If this speaks to you, please don’t hesitate ful pianist. Last, but far from least, we acknowledge and to take advantage of these benefi ts. Complete confi denti- gratefully thank Christy Douglas and Juli Turner from ality is assured. our professional staff at the NYSBA for their tireless efforts to ensure that everything ran smoothly, which it Alan Barson certainly did. www.barsongs.com (212) 254-0500 The slate of programs for this year is shaping up. There are several committee programs already sched- uled and many more are in the planning stages. We are Alan D. Barson, Esq. practices entertainment, looking forward to the EASL Spring Meeting, which will copyright and trademark law. He is based in New York feature Stan Soocher’s highly informative and entertain- City, and represents creative and executive talent in the ing Entertainment Law Update. The Fall Meeting will motion picture, television, home video, book, recording, once again be in conjunction with the CMJ 2007 Music music publishing, licensing, touring, theatre and new Marathon, and promises to be bigger and better than last media industries. In addition to serving as Chairman year’s effort—which was a huge success by any measure. of the Entertainment, Arts and Sports Law Section of In addition, EASL’s Committee on Sports will once again the New York State Bar Association, Alan co-chairs the be co-hosting the annual Sports Law Symposium with Section’s Music and Recording Committee and is a Sec- Fordham Law School, a prestigious event with which we tion Delegate to the Association’s House of Delegates. are proud to be associated. 2 NYSBA Entertainment, Arts and Sports Law Journal | Spring 2007 | Vol. 18 | No. 1 Editor’s Note I am pleased to include once Elissa D. Hecker of the Law Offi ce of Elissa D. more, for those of you who were Hecker, located at 90 Quail Close, Irvington, NY 10533, unable to attend and/or for those practices in the fi elds of copyright, trademark and busi- who did and want a refresher, ness law. Her clients encompass a large spectrum of an edited version of the Annual the entertainment and corporate worlds. In addition to Meeting transcript. The umbrella her private practice, Elissa is Immediate Past Chair of topic was “The Impact of Digital the EASL Section. She is also Co-Chair and creator of Technologies on the Entertain- EASL’s Pro Bono Committee, a frequent author, lecturer ment Business,” which panels are and panelist, a member of the Copyright Society of the more fully described in Alan’s U.S.A (CSUSA) and a member of the Board of Editors Letter from the Chairman. for the Journal of the CSUSA. Elissa is the recipient of the New York State Bar Association’s 2005 Outstanding In this issue of the Journal, the Pro Bono Update is Young Lawyer Award. She can be reached at (914) 478- incorporated in the transcript. Elisabeth and I made a 0457 or via email at: [email protected]. brief presentation about obtaining professional liability insurance through our partnership with the Intellectual Property Law Section. For questions, suggestions
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