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Sampling, Streaming, and the Music Modernization Act

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Sampling, Streaming, and the Music Modernization Act Sampling, Streaming, and the Music Modernization Act June 10, 2019 9:00 a.m. – 11:00 a.m. Connecticut Convention Center Hartford, CT CT Bar Institute Inc. CT: 2.0 CLE Credits (General) NY: 2.0 CLE Credits (AOP) Seminar Materials Sponsored by No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Page 1 of 225 Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and Where consistent with my client's interests, I will communicate with efficiently. In order to carry out that responsibility, not only will I comply opposing counsel in an effort to avoid litigation and to resolve litigation with the letter and spirit of the disciplinary standards applicable to all that has actually commenced; lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing I will withdraw voluntarily claims or defense when it becomes apparent parties, their counsel, the courts and the general public. that they do not have merit or are superfluous; Civility and courtesy are the hallmarks of professionalism and should not I will not file frivolous motions; be equated with weakness; I will endeavor to be courteous and civil, both in oral and in written I will make every effort to agree with other counsel, as early as possible, on communications; a voluntary exchange of information and on a plan for discovery; I will not knowingly make statements of fact or of law that are untrue; I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests; I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the legitimate interests of my client will not be In civil matters, I will stipulate to facts as to which there is no genuine adversely affected; dispute; I will refrain from causing unreasonable delays; I will endeavor to be punctual in attending court hearings, conferences, meetings and depositions; I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will I will at all times be candid with the court and its personnel; cooperate with opposing counsel when scheduling changes are requested; I will remember that, in addition to commitment to my client's cause, my When scheduled hearings or depositions have to be canceled, I will notify responsibilities as a lawyer include a devotion to the public good; opposing counsel, and if appropriate, the court (or other tribunal) as early as possible; I will endeavor to keep myself current in the areas in which I practice and when necessary, will associate with, or refer my client to, counsel Before dates for hearings or trials are set, or if that is not feasible, knowledgeable in another field of practice; immediately after such dates have been set, I will attempt to verify the availability of key participants and witnesses so that I can promptly notify I will be mindful of the fact that, as a member of a self-regulating the court (or other tribunal) and opposing counsel of any likely problem in profession, it is incumbent on me to report violations by fellow lawyers as that regard; required by the Rules of Professional Conduct; I will refrain from utilizing litigation or any other course of conduct to I will be mindful of the need to protect the image of the legal profession in harass the opposing party; the eyes of the public and will be so guided when considering methods and content of advertising; I will refrain from engaging in excessive and abusive discovery, and I will comply with all reasonable discovery requests; I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of In depositions and other proceedings, and in negotiations, I will conduct administration of justice, and the contribution of uncompensated time and myself with dignity, avoid making groundless objections and refrain from civic influence on behalf of those persons who cannot afford adequate legal engaging I acts of rudeness or disrespect; assistance; I will not serve motions and pleadings on the other party or counsel at such I will endeavor to ensure that all persons, regardless of race, age, gender, time or in such manner as will unfairly limit the other party’s opportunity disability, national origin, religion, sexual orientation, color, or creed to respond; receive fair and equal treatment under the law, and will always conduct myself in such a way as to promote equality and justice for all. In business transactions I will not quarrel over matters of form or style, but will concentrate on matters of substance and content; It is understood that nothing in these Principles shall be deemed to supersede, supplement or in any way amend the Rules of Professional Conduct, alter existing standards of conduct against which lawyer conduct I will be a vigorous and zealous advocate on behalf of my client, while might be judged or become a basis for the imposition of civil liability of recognizing, as an officer of the court, that excessive zeal may be any kind. detrimental to my client’s interests as well as to the proper functioning of our system of justice; --Adopted by the Connecticut Bar Association House of Delegates on June 6, 1994 While I must consider my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with zealous and effective representation; Page 2 of 225 Michael Freeman Michael Freeman received his JD from Western New England University School of Law and his BA from Providence College. He is admitted to practice law in Connecticut and Massachusetts. Michael is the Chair of the Sports & Entertainment Section of the Connecticut Bar Association. He is on the Board of Directors for the Maxwell Shepherd Memorial Arts Fund, Inc. and The Sounding Board, Inc. In his practice, he represents musicians, singer/songwriters, producers, internet radio stations, music festivals, actors and many others who work in the creative arts. Page 3 of 225 Wayne Josel is Senior Vice President, Business & Legal Affairs at the American Society for Composers, Authors and Publishers (ASCAP), the nation's leading performing rights organization. ASCAP licenses public performance rights in musical works on behalf of nearly 700,000 songwriter and publisher members. In his role, Wayne has primary responsibility for negotiating and structuring license agreements with a broad spectrum of music users, including broadcast and cable television networks, cable television system operators, satellite television and radio system operators, digital service providers, concert promoters and hospitality providers. Since joining ASCAP in late 2013, Wayne has assisted in closing deals representing over $3 billion in aggregate fees to ASCAP. Prior to joining ASCAP, Wayne was Counsel in the New Media, Entertainment and Technology practice group at Hughes, Hubbard & Reed LLP. Wayne received his law degree from Fordham University, where he was an editor of the Fordham Law Review. He has a BA in Political Science from Union College and an MSJ from the Medill School of Journalism at Northwestern University. Wayne lives in Larchmont, NY with his wife Leslie. His daughter, Madelyn, a graduate of Washington University in St. Louis, lives and works in Washington DC. His son Eli is a junior at the Park School of Communications at Ithaca College. In his spare time, Wayne is a drummer, although he is currently between gigs (his last group having dissolved in the face of irreconcilable creative differences). Page 4 of 225 Monica McCabe is a partner in and chair of the Intellectual Property Practice at Phillips Nizer LLP specializing in copyrights, trademarks and entertainment law. She represents a broad range of businesses, arts and entertainment talent and non-profits entities, including financial sector service providers, manufacturers of industrial and commercial products; consumer goods; fashion, apparel and jewelry manufacturers and distributors; actors, musical performers, authors, publishers, illustrators, and photographers. Monica also supervises the prosecution and maintenance of trademarks, represents clients in the protection, purchase and sale, assignment and licensing of intellectual property portfolios and domain names, and counsels clients on social media issues, and avoiding litigation for infringement, unfair competition, trade dress and trade secret violations. During her 30-year legal career, Monica has directed copyright and trademark litigation, supervised the prosecution and maintenance of hundreds of trademarks, and advised and represented clients regarding the protection, assignment and licensing of copyrights, trademark portfolios, and domain names. She has also represented clients in matters including rights of publicity and privacy, breach of recording agreements, celebrity bankruptcies, and royalty disputes. Monica has handled a number of high-profile lawsuits, including representing Grammy®-winning recording artist Prince in a litigation regarding his symbol-shaped guitar. Monica also litigated issues of copyright ownership concerning the Jimi Hendrix Estate. Monica’s transactional expertise includes celebrity endorsement and special event performance agreements, music industry deals, film finance deals, book publishing and distribution deals, and film and theatre option and television programming deals. She has negotiated and drafted license, royalty, trademark, music recording, music publishing, producer, copyright, illustrator, film, computer software, Internet, trade secret, non-disclosure and other intellectual property agreements. Monica is a member of the International Trademark Association's Panel of Neutrals, which resolves trademark and unfair competition disputes without litigation.
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