201 institute on entertainment law and business
Transcription
201 institute on entertainment law and business
USC UNIVERSIT Y PARK CAMP US LOS ANGELES, CALIFORNIA SAT U R DAY OCTOBE R 5 , 20 1 3 201 INSTITUTE ON USC GOULD SCHOOL OF LAW – BEVERLY HILLS BAR ASSOCIATION ENTERTAINMENT LAW AND BUSINESS KEYNOTE SPEAKER KEVIN TSUJIHARA Chief Executive Officer, Warner Bros. Entertainment GPS for the Digital World: At the Intersection of Technology and Content FEE INCLUDES CONTINUING EDUCATION CREDIT FOR AT TORNEYS (MCLE) AND ACCOUNTANTS (CPE), MEALS, BREAKS, PARKING AND SYLLABUS. network Join over 650 of the Industry’s prime movers for an unrivaled networking and learning opportunity. get the inside scoop Whether you are a lawyer, executive, agent, producer or accountant, you will get the inside scoop you need to navigate the digital world successfully. don’t miss out For more than 55 years, the Institute on Entertainment Law and Business has been one of the top conferences in the nation for entertainment professionals. Join the Industry’s most powerful players for an in-depth examination of the hottest entertainment law issues, latest deals and up-to-the-minute business perspectives. sign up now! REGISTER ONLINE http://law.usc.edu/cle/entertainment sponsors and contributors The USC Gould School of Law, the Beverly Hills Bar Association and the Institute Planning Committee gratefully acknowledge the Institute sponsors and contributors: SPONSORS Broadcast Music, Inc. Gang, Tyre, Ramer & Brown, Inc. Gibson, Dunn & Crutcher LLP Green Hasson Janks Greenberg Traurig, LLP Katten Muchin Rosenman LLP Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP Loeb & Loeb LLP Mitchell Silberberg & Knupp LLP O’Melveny & Myers LLP SESAC, Inc. Sheppard, Mullin, Richter & Hampton LLP Stroock & Stroock & Lavan LLP Ziffren Brittenham LLP CONTRIBUTORS Academy of Television Arts & Sciences Association of Talent Agents National Association of Record Industry Professionals The Association of Media & Entertainment Counsel For a complete and up-to-date list of Institute sponsors and contributors, please visit our website at http://law.usc.edu/cle/entertainment. 2 quick program guide S AT U R D AY, O C T O B E R 5 , 2 0 1 3 7:30 AM Registration and Continental Breakfast USC Bovard Auditorium 8:50 AM Welcome and Introductions 9:00 AM The Industry: Trends, Fads and Transformation (Part III) 9:45 AM Copyright Erosion: Peaks and Chasms in the Current Copyright Landscape 10:45 AM Networking Break Sponsored by SESAC, Inc. 11:00 AM The Kaleidoscope of Distribution: The Mash-Up of Platforms, Channels, Windows, Bundles, and Streams 12:00 PM Deal Making in the New Paradigm 1:00 PM Morning Program Adjournment 1:10 PM Luncheon and Keynote Presentation Interview with Kevin Tsujihara USC Town & Gown 2:45 PM Afternoon Panels – First Session USC Gould School of Law A Primer for Representing Producers Motion Picture and Television Profit Participations: Post-Audit Options from Settlement to Litigation Neighboring Rights: What They Are and How to Collect Them Playing Your Part: Strategies for Eliminating Bias in the Legal Profession The Saga of a Motion Picture Franchise 3:45 PM Networking Dessert Break 4:00 PM Afternoon Panels – Second Session USC Gould School of Law A Primer for Representing Producers Motion Picture and Television Profit Participations: Post-Audit Options from Settlement to Litigation Neighboring Rights: What They Are and How to Collect Them Playing Your Part: Strategies for Eliminating Bias in the Legal Profession The Saga of a Motion Picture Franchise Adjournment 5:00 PM 3 USC GOULD SCHOOL OF LAW – BEVERLY HILLS BAR ASSOCIATION 2013 INSTITUTE ON ENTERTAINMENT LAW AND BUSINESS 8:50 AM Welcome and Introductions AM Program Bruce M. Ramer Institute Chair Gang, Tyre, Ramer & Brown, Inc. Mark E. Halloran Institute Co-Chair Mary S. Ledding Institute Co-Chair Leeanna Izuel Institute Executive Director USC Gould School of Law Marc R. Staenberg Chief Executive Officer Beverly Hills Bar Association & Foundation 9:00 AM The Industry: Trends, Fads and Transformation (Part III) Continuing the discussion which began with the 2011 Institute, Professor Jeffrey Cole provides our GPS for the intersection of technology and content with highlights from his ongoing study of how the Internet and computers impact society. Using data from the study, he provides eye-opening facts on consumers’ use of media, including the scope of user-generated content and its effect on traditional media content. 9:45 AM Copyright Erosion: Peaks and Chasms in the Current Copyright Landscape The Internet, competitive economics, and politics are threatening the breadth and strength of copyright. Protection of copyright is a cornerstone of the U.S. economy, providing incentives to authorship, attraction of investment capital, and quality entertainment product. This panel will shake you awake to understand its current precarious condition. 4 SPEAKER Jeffrey Cole Director Center for the Digital Future Research Professor USC Annenberg School for Communication & Journalism SPEAKERS Chris Castle Christian L. Castle, Attorneys Austin, TX Robert C. Lind Professor of Law Director Emeritus, The Donald E. Biederman Entertainment and Media Law Institute Southwestern Law School Steven M. Marks Chief, Digital Business General Counsel Recording Industry Association of America Washington, D.C. Karen R. Thorland Senior Vice President Global Content Protection Counsel Motion Picture Association of America, Inc. MODERATOR Thomas A. White Artist Rights Consultant 10:45 AM Networking Break Sponsored by SESAC, Inc. 11:00 AM The Kaleidoscope of Distribution: The Mash-Up of Platforms, Channels, Windows, Bundles, and Streams This experienced panel will focus on revised strategies and dealings among suppliers and distributors of film and television. Netflix, Amazon, Hulu, and other “over-the-top” providers of content have entered the world of original programming and output arrangements. Syndication timelines are accelerating, the premium pay world is changing, and delivery is device-neutral. Is the new order competitive or accretive for broadcast and cable networks? How effectively can the newcomers in content compete with “big media”? Our expert panelists will explain and analyze this dynamic and swiftly changing environment. 12:00 PM Deal Making in the New Paradigm Traditional deal structures have to be adapted to the elements of the new world order. YouTube “pilots,” smaller budgets, shorter production orders, and digital platforms are just some of the changes that require creativity in deal making. The marketplace of talent and creative content must adjust its demands as buyers operate in smaller screens yet chase traditional distribution upsides. This discussion will provide a framework to understand the changes in fees, credit, and backends that are evolving concurrently with the changing distribution world. SPEAKERS Sandra Dewey Executive Vice President Head of Business Affairs Turner Entertainment Networks & Cartoon Network Originals Merritt Farren Associate General Counsel Digital Media and New Technologies Amazon.com Ira L. Kurgan Chief, Network Business Operations Fox Broadcasting Company Roy A. Salter Senior Managing Director FTI Consulting MODERATOR Keith G. Fleer Keith G. Fleer, A Professional Corporation SPEAKERS Jeffrey Frost Executive Vice President U.S. Business Affairs Sony Pictures Television Peter Principato Chief Executive Officer Principato-Young Entertainment MODERATOR Richard Thompson Bloom Hergott Diemer Rosenthal LaViolette Feldman Schenkman & Goodman, LLP 1:00 PM Morning Program Adjournment 1:10 PM Luncheon and Keynote Presentation Join Kevin Tsujihara, Chief Executive Officer of Warner Bros. Entertainment, for a thirty minute conversation with Bruce Ramer about the current landscape of the entertainment industry. Kevin Tsujihara Chief Executive Officer Warner Bros. Entertainment Bruce M. Ramer Gang, Tyre, Ramer & Brown, Inc. continued>>> 5 luncheon keynote speaker KEVIN TSUJIHARA Chief Executive Officer Warner Bros. Entertainment Nineteen-year studio veteran Kevin Tsujihara became Chief Executive Officer of Warner Bros. in March 2013. In this role, he oversees worldwide operations, including film, television and video game production, marketing and distribution for one of the most innovative and successful entertainment companies in the world. Warner Bros., a Time Warner Company, is a global leader in every type of entertainment and their related businesses across all current and emerging media and platforms. The studio stands at the forefront of every aspect of the Industry from feature film, television and home entertainment production and worldwide distribution to DVD, Blu-ray, digital distribution, animation, comic books, product and brand licensing, and broadcasting. Prior to serving as CEO, Mr. Tsujihara was President of Warner Bros. Home Entertainment (WBHE), which includes the studio’s home video, digital distribution, video games, anti-piracy, and emerging technology operations, a post he had held since WBHE’s founding in October 2005. Under Mr. Tsujihara’s leadership, WBHE dominated the home entertainment sector and ranked as the market share leader in packaged media and digital distribution in the U.S. and abroad. In addition to being the first studio to implement a successful windowing strategy for the subscription and kiosk rental market, WBHE, under Mr. Tsujihara’s leadership, aggressively moved into the digital space, pioneering both domestic and international day-and-date VOD. He also shepherded the studio’s acquisition of Flixster and aligned its efforts with major Hollywood studios and leading technology companies to become the first studio to launch UltraViolet. During his tenure at WBHE, Mr. Tsujihara also guided significant deals in the games space, including the acquisitions of Turbine, TT Games, Snowblind Studios, the assets of Midway Games, and Rocksteady Studios. Mr. Tsujihara is a member of the Stanford GSB Advisory Council and serves on the Board of Directors for several organizations, including the MPAA and City Year L.A., an education-focused nonprofit. Mr. Tsujihara received his bachelor’s degree in business administration from the University of Southern California and his MBA from Stanford University. 6 USC GOULD SCHOOL OF LAW – BEVERLY HILLS BAR ASSOCIATION 2013 INSTITUTE ON ENTERTAINMENT LAW AND BUSINESS PM Program 2:45 PM Afternoon Panels – First Session The following sessions will run concurrently and repeat at 4:00 PM. A Primer for Representing Producers Newbie producers can suck up valuable time which often becomes pro bono. This panel and its syllabus materials will help make advising these clients efficient and simple. Everyone has to start somewhere and this panel will discuss structuring producer entities, LLC operating agreements, talent/property attachment and shopping deals, as well as simple financing structures from the 360-degree viewpoint of the producer, the agent, and the lawyer. Motion Picture and Television Profit Participations: Post-Audit Options from Settlement to Litigation Hear a panel consisting of a participation auditor, the head of a studio participations department, a studio legal affairs executive, and an entertainment attorney discuss current audit issues and how audits are being resolved. The panel will cover the differences between studios and their contract provisions, the impact of vertical integration on participations, how new media is being reported, available settlement options, and trends in arbitration and litigation. Whether you represent a 5% net writer or a 50% financial investor, these issues will impact your clients. SPEAKERS Richard B. Lewis Chief Executive Officer Southpaw Entertainment Robyn L. Roth Gipson Hoffman & Pancione MODERATOR Fred Bernstein Adjunct Professor USC School of Cinematic Arts Katten Muchin Rosenman LLP SPEAKERS Kate Chilton Vice President Senior Litigation Counsel Warner Bros. Entertainment Kenneth Kleinberg Kleinberg Lange Cuddy & Carlo LLP Edward J. Slizewski Senior Vice President Financial Affairs Metro-Goldwyn-Mayer Studios Inc. MODERATOR Steven D. Sills Green Hasson Janks continued>>> Sign Up Now! REGISTER ONLINE http://law.usc.edu/cle/entertainment 7 Neighboring Rights: What They Are and How to Collect Them In the struggle to maximize income, a littleknown stream of royalty payments can make a difference. U.S. music companies and their artists are finding the value in neighboring rights. Our panel will explain where and how they exist and outline the process for collecting and verifying them. Playing Your Part: Strategies for Eliminating Bias in the Legal Profession The State of California is one of the most diverse states in the nation. Business entities and clients are rapidly responding to the needs of global customers, suppliers, and competitors by creating workforces from many different backgrounds, perspectives, and skill sets. Yet, the legal profession does not reflect the State’s growing diversity. This session will address the lack of diversity and the business case for adopting strategies for the elimination of bias. SPEAKER Joseph Rust Prager Metis CPAs, LLC MODERATOR Bruce Lampcov North American Representative Fintage Music SPEAKER Audrea J. Golding Fragomen, Del Rey, Bernsen & Loewy, LLP MODERATOR Judith A. Gilbert Former Vice President State Bar of California 1.0 HOUR OF ELIMINATION OF BIAS CREDIT AVAILABLE The Saga of a Motion Picture Franchise Studios have become much more reliant on the success of franchise motion pictures such as Spiderman, James Bond, Iron Man, and Star Wars – franchises that have generated billions of dollars in revenue. The underlying rights deals for these projects can be challenging. The talent deals are unique and often contain multiple picture options. The life cycle of the property is different and complex. This session will explore the nuances behind these deals from the perspectives of the studios, the underlying rights holders, and the talent that contribute to the franchises’ success. SPEAKERS Michael Ross Senior Vice President, Business Affairs Marvel Studios Douglas R. Stone Stone, Meyer, Genow, Smelkinson & Binder, LLP Daniel M. Yankelevits Senior Vice President, Legal Affairs Sony Pictures Entertainment MODERATOR Shaun C. Clark Sheppard, Mullin, Richter & Hampton LLP 3:45 PM Networking Dessert Break Follow USC Gould Continuing Legal Education on Facebook, LinkedIn and Twitter! 8 4:00 PM Afternoon Panels – Second Session The concurrent sessions held at 2:45 PM repeat at 4:00 PM. Attend a second session of your choice! A Primer for Representing Producers Motion Picture and Television Profit Participations: Post-Audit Options from Settlement to Litigation Neighboring Rights: What They Are and How to Collect Them Playing Your Part: Strategies for Eliminating Bias in the Legal Profession 1.0 HOUR OF ELIMINATION OF BIAS CREDIT AVAILABLE The Saga of a Motion Picture Franchise 5:00 PM adjournment<<< continuing education credits ATTORNEYS. Minimum Continuing Legal Education (MCLE): USC Gould School of Law, a State Bar of California-approved MCLE provider, certifies that this activity qualifies for minimum continuing legal education credit in the amount of 6.25 hours, of which 1 hour may apply to elimination of bias credit. This event may or may not meet the requirements for continuing legal education in other states. Please check with the bar association or Supreme Court in the state in which you are seeking credit to determine if this event is eligible. indicates the number of hours of MCLE elimination of bias credit available for a particular session. ACCOUNTANTS. Continuing Professional Education (CPE): This program meets the guidelines set by the California State Board of Accountancy in the amount of 6 hours. Beverly Hills Bar Association Become a BHBA member and join colleagues in the largest Entertainment Law Section in the country. BHBA Entertainment Section MCLE programs are held on the 3rd Wednesday of every month. Go to www.bhba.org, email [email protected], or call (310) 601-BHBA (2422). 9 planning committee Bruce M. Ramer – C HAI R Gang, Tyre, Ramer & Brown, Inc. Neville L. Johnson Johnson & Johnson LLP Mark E. Halloran – C O - C H A I R Christopher C. Murray O’Melveny & Myers LLP Mary S. Ledding – C O - C H A I R Leeanna Izuel – EX EC U TI VE USC Gould School of Law DI R E C TO R Neal S. Baseman Senior Vice President, Business Affairs Twentieth Century Fox Television Damon Bonesteel Senior Vice President, Legal & Business Affairs Warner Bros. Entertainment Merav Broder Broder Law Group Vincent H. Chieffo Greenberg Traurig, LLP Shaun C. Clark Sheppard, Mullin, Richter & Hampton LLP Robert Cooper Vice President, Business Affairs Associate General Counsel Warner Bros. International Television Nancy Derwin-Weiss Vice President, Legal & Business Affairs Warner Bros. Entertainment Judith C. Dornstein Law Offices of Judith C. Dornstein Scott R. Edel Loeb & Loeb LLP Glenn D. Feig Reder & Feig LLP Keith G. Fleer Keith G. Fleer, A Professional Corporation Judith A. Gilbert Former Vice President State Bar of California Steven J. Goldfisher Law Offices of Steven J. Goldfisher 10 Gregg B. Ramer Katten Muchin Rosenman LLP Robert Rieders General Counsel Path Barbara M. Rubin Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP J. Eugene Salomon, Jr. Gang, Tyre, Ramer & Brown, Inc. Adam Siegler Greenberg Traurig, LLP Steven D. Sills Green Hasson Janks Cheryl M. Snow Gang, Tyre, Ramer & Brown, Inc. Stanton “Larry” Stein Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP Rik Toulon Executive Vice President General Counsel CBS Films Stephen Tsoneff Gibson, Dunn & Crutcher LLP Lawrence J. Ulman Partner Coyote Media Advisors, LLC Ellen C. Waggoner Vice President Associate General Counsel CBS Television Studios Thomas A. White Artist Rights Consultant Justin M. Goldstein Carlsmith Ball LLP Daniel M. Yankelevits Senior Vice President, Legal Affairs Sony Pictures Entertainment Daniel D. Helberg Senior Vice President Business & Legal Affairs Shed Media US Inc. Stephanie Yost General Counsel Executive Vice President Content Age of Learning, Inc. Michael S. Hobel Katten Muchin Rosenman LLP Juliette C. Youngblood Youngblood Group PC upcoming USC Gould School of Law programs TRUST AND ESTATE Friday, November 22, 2013 Westin Bonaventure Hotel Los Angeles, California CORPORATE COUNSEL Tuesday, December 3, 2013 The California Club (made available through the courtesy of member Edward Garlock) Los Angeles, California TAX Monday – Wednesday, January 27-29, 2014 Millennium Biltmore Hotel Los Angeles, California REAL ESTATE LAW AND BUSINESS March 2014 Los Angeles, California INTELLECTUAL PROPERTY Tuesday, March 18, 2014 The Beverly Hills Hotel Beverly Hills, California syllabus Your registration fee includes a practical and up-to-date analysis of Institute topics prepared by our speakers and Syllabus Committee in a format of your choice – a print binder, a searchable CD-ROM or an electronic download available prior to the Institute. Additional copies of the Syllabus may be purchased after the Institute for $150 each (print format) or $60 each (CD-ROM or electronic download format), subject to availability. You may also order online at http://law.usc.edu/cle/entertainment. For more information, email [email protected] or call (213) 821-3580. 11 advisory board Stewart S. Brookman Hansen, Jacobson, Teller, Hoberman, Newman, Warren, Richman, Rush & Kaller, L.L.P. Joseph J. DiMona Vice President, Legal Affairs Broadcast Music, Inc. John M. Gatti Stroock & Stroock & Lavan LLP Susan H. Hilderley Interscope Geffen A&M Records Dennis Lord Executive Vice President SESAC, Inc. Tom McGuire Head of Business Affairs WME Entertainment Glen B. Meredith Creative Artists Agency Beth Millman Founder popzazz.com David Nochimson Ziffren Brittenham LLP Gregory A. Nylen Greenberg Traurig, LLP Anne D. Pedersen Vice President, Business Affairs ABC Entertainment Melissa Rogal Lichter, Grossman, Nichols, Adler & Feldman, Inc. Marc R. Staenberg Chief Executive Officer Beverly Hills Bar Association & Foundation David I. Weil Chief Executive Officer AFG/Walden Media Raymond Wu Executive Vice President Warner Bros. Theatre Ventures 12 syllabus committee Richard F. Ginsburg – C O MMI T TE E Law Office of Richard F. Ginsburg Joel VanderKloot – C O MMI T TE E Nelson Davis Wetzstein LLP C.J. Vranca – C OM M I T TE E All3Media America CO-CHAIR CO-CHAIR CO-CHAIR Jennifer Gonsky Fox Cable Networks Julia M. Hohl Warner Bros. International Television Susannah Jeffers Loeb & Loeb LLP Oren Bitan Buchalter Nemer, A Professional Law Corporation David A. Jelenko Lichter, Grossman, Nichols, Adler & Feldman, Inc. Jesse M. Brody Edwards Wildman Palmer LLP Lisa Koes ABC Entertainment Nancy Bruington O’Melveny & Myers LLP Leigh Leshner The Law Office of Leigh Leshner Kenneth L. Burry Hirsch Wallerstein Hayum Matlof + Fishman LLP Jordan Raphael O’Melveny & Myers LLP Yula Chin Riot Games Matthew Dysart Sheppard, Mullin, Richter & Hampton LLP Hillel M. Elkins Blumhouse Productions Alexander J. Fisher Law Offices of Howard S. Fisher Uri Fleming Kleinberg Lange Cuddy & Carlo LLP Anita Rivas The Law Offices of Walner & Rivas Brian C. Schaller Oprah Winfrey Network Steven Vaughan CBS Home Entertainment David Wienir United Talent Agency Ashley R. Yeargan Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP Jenna Z. Gambaro Creative Artists Agency contact information USC Gould School of Law Continuing Legal Education 1149 South Hill Street, Suite 340 Los Angeles, California 90015 Telephone: (213) 821-3580 Facsimile: (213) 821-3575 Email:[email protected] Website:http://law.usc.edu/cle Office hours are 9:00 a.m. to 5:00 p.m. Pacific time 13 frequently asked questions REGISTRATION The registration fees are outlined on the inside back cover of this brochure. Your fee includes all sessions, the luncheon with Kevin Tsujihara, all refreshment breaks, parking, and a copy of the Institute Syllabus in either a CD-ROM, electronic download or print format. A processing fee will be added to your registration fee. Early registration is encouraged as space is limited, and the Institute typically sells out. REFUNDS All refund requests will be processed following the Institute. Refund requests must be in writing and postmarked, emailed or faxed, no later than September 20, 2013, to USC Gould Continuing Legal Education, Entertainment Institute Refund, 1149 South Hill Street, Suite 340, Los Angeles, California 90015, [email protected], or (213) 821-3575. Refund requests must be accompanied by the registrant’s Social Security Number (or Federal Tax Identification Number for a firm or corporation). A $100 processing fee ($25 for student registrations) will be deducted from all refunds. LOCATION, PARKING AND HOTEL ACCOMMODATIONS The Institute will be held at the beautiful University of Southern California University Park Campus. Learn more about USC at http://www.usc.edu. Your registration fee includes parking at the University Park Campus. Detailed parking instructions will be emailed to you. For information regarding hotel accommodations, please contact our office at (213) 821-3580 or visit our website at http://law.usc.edu/cle/entertainment. BADGE PICK UP Badges will be held at Will Call, located in front of Bovard Auditorium from 7:30 a.m. until 12:30 p.m., and in the lobby of the USC Gould School of Law from 1:00 p.m. until 4:30 p.m. DRESS CODE The dress for the Institute is business casual attire. Comfortable shoes are advised for walking around the University Park Campus. EXHIBITORS USC Gould invites you to exhibit at the Institute. Exhibitor space is limited, so reserve your space as soon as possible. Visit our website at http://law.usc.edu/cle/entertainment for more information or call the USC Gould School of Law Continuing Legal Education office at (213) 821-3580 with questions. 14 Design: STABINS DESIGN SPECIAL REQUIREMENTS Please contact the USC Gould Continuing Legal Education office at (213) 821-3580 or [email protected] regarding any special dietary or access needs. Register online now at Don’t Miss Luncheon Keynote Sp eaker KEVIN TSUJIHARA ! http://law.usc.edu/cle/entertainment GPS for the Digital World: At the Intersection of Technology and Content ENTERTAINMENT LAW AND BUSINESS 2013 INSTITUTE ON USC GOULD SCHOOL OF LAW – BEVERLY HILLS BAR ASSOCIATION Continuing Legal Education USC Gould School of Law 1149 South Hill Street, Suite 340 Los Angeles, California 90015 SOUTHERN CALIFORNIA UNIVERSITY OF PAID U.S. POSTAGE NON-PROFIT ORGANIZATION
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