RICKY ANDERSON ATTORNEY AND COUNSELOR AT LAW ONE ARENA PLACE 7322 SOUTHWEST FREEWAY SUITE 2010 HOUSTON, TEXAS 77074 (713) 621-5522 Office, (713) 995-1499 Facsimile www.AttorneyRickyAnderson.com Email: [email protected]
BIOGRAPHY Ricky Anderson, is a 1979 graduate of Benton Harbor High School, attended Prairie View A & M University, receiving a Bachelor of Business Administration in 1983, and his Juris Doctor Degree, from Texas Southern University’s Thurgood Marshall School of Law in 1992, and was admitted to the State Bar of Texas, in 1992. Attorney Ricky Anderson, has been the Managing Partner of the Law Firm of Anderson & Smith P.C., since 1994, with their office in Houston, Texas, as well as, an Adjunct Professor at Thurgood Marshall School of Law since 1998, where he Lectures Entertainment Law, Music Industry Contracts, and Trial Preparation. The National Bar Association’s Entertainment Attorney of the Year, 2006-2007, recipient of the National Bar Association’s Presidential Award, 2008, the National Bar Association Chair, Entertainment Sports and Arts Law Section 2010 to Present, National Bar Association’s Alternate Chair, Entertainment, Sports and Arts Law Section, 2008 - 2010, Advisor to the Grammy Board of Governors Texas Chapter 2010 – 2011, Grammy U Advocate of Year 2010 - 2011, Grammy Governor for The Recording Academy, Texas Board of Governors 2007 - 2010, 2011 - Present. The Law Firm of Anderson & Smith P.C. represents Celebrities, Comedian-Actor Steve Harvey, Host of Family Feud, NBC's Steve Harvey Talk Show, Theater Box Office success "Think Like A Man", the Steve Harvey Show, Steve Harvey’s Big Time, New York Times, Number One Best Seller, Wall Street Journal, Number One Best Seller "Act Like A Lady, Think Like A Man", "Straight Talk, No Chaser", and the Nationally Syndicated Steve Harvey Morning Show, Show Time at the Apollo, Kings of Comedy, The Fighting Temptations, Love Don’t Cost A Thing, You Got Served, Racing Strips; Actor Isaiah Washington, of ABC’s Grey’s Anatomy, NBC’s Bionic Woman, Spike Lee’s Crooklyn, Clockers, Girl 6, Exit Wounds, Romeo Must Die, True Crime, Bulworth, Out of Sight, Love Jones, Dead Presidents, Stonewall, Dancing in September, Get on the Bus, and Forest Whitaker’s Hurricane Season, Actress Cassi Davis, of Tyler Perry’s House of Payne, Four (4) Time Grammy Award Recipient, Gospel Great Yolanda Adams, Nationally Syndicated Yolanda Adams Morning Show, Rushion McDonald of "Sister/Sister", The "Jamie Foxx Show", "The Parkers", MTV’s "Barber Shop", The Hoodie Awards, Academy Award Winner and Golden Globe Winner, Comedian-Actor Mo’Nique of BET’s The Mo’Nique Show, "The Parkers", "Fat Chance" "Charm School", and the Nationally Syndicated Radio Show Host of The Mo’Nique Show, Queens of Comedy and "Showtime at the Apollo"; Three (3) Time Grammy Award Winning Gospel Duo Tina Campbell, and Erica Campbell p/k/a "Mary Mary", also Celebrity Judges on BET’s "Sunday’s Best", Actor Richard T. Jones of "Judging Amy", Terminator, The Sarah Conor Chronicles, Kathy Sapp, Executive Producer of Fox's Judge Alex, Oprah Winfrey Network Suze Orman Show, Comedian –Actor Rickey Smiley, of the Rickey Smiley Morning Show, Host of the BET’s Comic View, and ABC’s Nationally Syndicated Doug Banks Morning Show, David A. Arnold, Actor and Writer for Tyler Perry’s "Meet The Browns", Michael Colyar of BET’s "Live in LA"; Comedian-Actor Sinbad, former Host of Showtime at the Apollo, and starring in such films as Necessary Roughness, Houseguest, First Kid, Jingle All The Way, and Goodburger; R & B Artist "Rome", Total Entertainment; J. Anthony Brown, of the "Tom Joyner Morning
Show" and WB’s "Like Family" Comedian Adele Givens "Queens of Comedy", "Why Did I Get Married", "Girlfriends", "Barbershop", "The Hugleys", Ice Cube's "Are We There Yet", "The Parkers", "Tracey Takes On", "The Players Club", "Moesha", "Martin", "Def Comedy Jam"; WNBA’s three time MVP and four time WNBA World Champion, Houston Comet’s Cynthia Cooper; former Houston Oiler, and Tennessee Titan’s Eddie Robinson, the Late Christopher Rios, professionally known as "Big Pun", to name a Few. Weekly broadcast Television Shows (Talent/Production) are, The Mo’Nique Show, Family Feud, NBC's Steve Harvey Talk Show, The Steve Harvey Project, Judge Greg Mathis, Judge Alex, Tyler Perry’s House of Payne, Tyler Perry’s Meet The Browns, The Judge Mathis Project (solving murders in the African American Community), Ice Cube's "Are We There Yet", Sunday’s Best, The Steve Harvey Show, ‘Like Family", Warner Brothers, "The Parkers", UPN, Showtime @ Apollo, Sister Sister, UPN, "Steve Harvey’s Big Time", Warner Brother, Coming to the Stage, BET, and Comic View, BET. In addition to the network television, movies, feature films, pay per view and HBO deals that Attorney Ricky Anderson develops, he is the Former Chairman and CEO of the Black Broadcasting Network Inc., is the former CEO and President of CBS Records, Inc., A Texas Corporation and the majority shareholder in Big City Enterprises, and Qudel Promotions, Inc., producing national concerts such as the "Kings of Comedy", "Jazzfest", "the Boys are Back", and "the Hip Hop Comedy Reunion Tour". He is also the Executive Producer of The Nationally Syndicated Music Video Television Show, "Big City", and such Independent Feature Films as "Renegade", "Beach Party Weekend", "A Freakin Documentary with Shamar Moore", and "Beach Party".
CRAIG BARKER Attorney at Law Law Practice 1991 – present Entertainment Law: Practice has primarily concentrated in entertainment industry transactional matters; negotiated agreements and other matters in many genres with major and independent record labels, publishing companies, booking agencies, managers, producers, including, but not limited to: Warner Bros. Records Warner-Chappell Music Sire Records ADA (Alternative Distribution Alliance) Disney Studios William Morris Agency Rounder Records Rounder Europe/CRS Records Sugar Hill Records Sony Music Sony-ATV Music Sony Discos A&M Records Maverick Music Monterey Peninsula Artists HighTone Records New West Records PolyGram Music PolyGram Film Rondor Music (Almo-Irving) Virgin/Back Porch Virgin/Higher Octave Valley Entertainment Flying Fish Records Red House Records Munich Records (Europe)
CLIENTS: for a list of some of the clients for whom I have provided entertainment law services over the years. Entertainment/IP/Business Disputes/Litigation: Recent cases include: IT company client in healthcare industry in shareholder and intellectual property litigation; music publisher client litigation over award-winning song and catalogue; artist client’s lawsuit for disgorgement of label’s profits, rescission of contract and return of ownership of master recordings. University Teaching Experience 2005-2007 St. Edward’s University, Adjunct Instructor, Executive Seminar Series Speaker DMBA, Undergraduate Digital Media, and MBA • Curricular Design: Principles of Digital Media and Entertainment Management • Conducted Executive Seminar: “Music, Money, and Copyrights” • Courses taught: Cyber Law, Business Law (on-line, MBA, 7-week DMBA), Sports Management, and Principles of Digital Media and Entertainment Management
2001-2002; 2005-2006 Austin Community College, Adjunct Instructor • Courses taught: Legal Aspects of the Entertainment Industry, Survey of the Music Business. Recent Continuing Legal Education Panel Participation 2002 Recording Academy (The Grammies organization) Professional Education Seminar • Indie Label In a Box (elements of DIY and small label releases) (moderator) 2003 Entertainment Law Seminar, State Bar of Texas: • Record Distribution for the Indie Label (moderator) 2008 Entertainment Law Seminar, State Bar of Texas: • “She Got the Goldmine, I Got the Shaft” – When Copyright Collides with Community Property Rights, What Gives? (moderator) • Doing It Yourself: Opportunities for Bands in the Digital Era 2009 Entertainment Law Seminar, State Bar of Texas: • “No I Won’t Back Down”: Protecting Artist’s Rights in Record Label Bankruptcies (moderator) 2003-2009 • Entertainment Law Seminar, State Bar of Texas: Planning Committee
Boards and Organizational Affiliations 2008-2009 Immediate Past Chair of Entertainment and Sports Law Council, State Bar of Texas; Chair 2007-2008; Chair-Elect 2006-2007; Secretary 2005-2006; Council 2003-2005 2005-present Co-founder and VP of Texas Attorneys for Texas Music, a non-profit that stages The Music Law Sessions (seminars on the legal aspects of the music industry for non-lawyer professionals in the music industry such as musicians, producers, managers, booking agents, label personnel 2001-present Advisory Board of Center for Texas Music History 2000-2004 Board of Governors for Texas Chapter of National Academy of Recording Arts and Sciences (2 terms) 1990-1993 Board of Directors for La Pena Cultural Arts Organization (Austin’s oldest Latino Arts organization)
Non-Law Music Industry Experience Thirty years experience in a variety of positions, including personal manager, musician, and road manager, on national and international levels. 1981-1997 Managed all aspects of Tish Hinojosa’s music career, overseeing the national and international releases and supporting tours for nine albums and several videos and singles for labels such as Warner Bros. Records, A&M Records, Curb Records, and Rounder Records. Managed Hinojosa’s publishing relationships at Maverick Music (Madonna’s Warner-Chappell co-venture) and Almo-Irving (Rondor) Music. Acted as executive producer or co-producer on Hinojosa’s nine albums through 1997. Played bass for Hinojosa for eight years. Served as Hinojosa’s road manager and sound engineer on several national and European tours. 1982-1984 Based in Nashville, working with a number of nationally recognized producers, songwriters, musicians, and other music industry personnel. 1979-1981 Bass player and road manager for Bill & Bonnie Hearne, whose albums have been released by Virgin/Back Porch Records and Warner Western Records.
Education 1990 J.D., University of Texas School of Law 1979 Bachelor of Arts, Texas Tech University
Bennett LAW OFFICE Tamera H. Bennett Attorney at Law Licensed in Texas & Tennessee
132 West Main Street Lewisville, Texas 75057
Tamera H. Bennett Attorney at Law
972.436.8141 fax 972.436.8712 [email protected]
Tamera H. Bennett is a wife, mom, lawyer, blogger, podcaster and legal writer. In 2011 Tamera was honored to contribute her legal thoughts to BILLBOARD magazine. She is currently serving her second term on the board of governors for the Texas Chapter of the Grammy Association. She is a past chair of the State Bar of Texas Entertainment & Sports Law section and a former adjunct professor at Dallas Baptist University. For fun she designs quilts and is an adult leader with Boy Scout Troop 437. Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in trademark, copyright and entertainment law related matters. Nicknamed by her clients as the IP quarterback, Tamera works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer. A common trend in Tamera’s client base is the need for providing guidance related to the licensing of materials to and from third parties. In addition to trademark application prosecution and licensing agreements, Tamera advises clients on co-branding, product placement, endorsement and sponsorship agreements. ADMITTED STATE BAR OF TEXAS NOVEMBER 6, 1998 ADMITTED TO PRACTICE IN TENNESSEE APRIL 14, 2006 EDUCATION • Texas Wesleyan University School of Law, Fort Worth, Texas Juris Doctor, May 1998 (Magna Cum Laude). • Middle Tennessee State University, Murfreesboro, Tennessee B. S., Recording Industry Studies, December 1989 (Cum Laude).
PROFESSIONAL EXPERIENCE • President and Owner, Bennett Law Office, PC, Lewisville, Texas. July 2001 to Present. • Associate Attorney, Decker, Jones, et al, Fort Worth, Texas. August 1998 to June 2001. • Music Business Professional 1990 to 1998.
Tamera H. Bennett, Esq. Page 2 of 2 #10433
SPEAKING ENGAGEMENTS (partial listing) • Entertainment Law Update Podcast, co-host 2009-2012. • “Pitching Music For Film & TV: Agreements With Reps & Publishers,” TexasBAR CLE Entertainment Law Institute (2011). • “Be Careful What You Tweet: Legal Issues and Social Networking,” TexasBAR CLE Entertainment Law Institute (2010). • “Protecting An Artist’s Legacy Through Estate Planning…” TexasBAR CLE Entertainment Law Institute (2010) and Dallas Bar Sports & Entertainment Law CLE (2011). • “The Music Industry’s Response To Piracy,” Variety Media & Entertainment Law Series Panel, Beverly Hills (2009). • Ethics Presentation, TexasBAR CLE Entertainment Law Institute (2008, 2007). • Music Law Bootcamp, Dallas Bar Sports & Entertainment Law Section (2008, 2007). • Copyright Renewal and Reclamation under the 1909 Copyright Act, TexasBAR CLE Entertainment Law Institute (2006). • “Google This: Renewal Infringement Copyright,” State Bar of Texas Intellectual Property Law Section Annual Meeting (2006).
PRINT/PUBLICATIONS (partial listing) • Quotes Tamera H. Bennett, Supreme Court Decision Provides for Restoration of Copyright Protection for Foreign Works, BMI, Jan. 31, 2012. • Quotes Tamera H. Bennett, Labels Want GrooveShark to Swim With The Fishes, THE DEAL, Jan. 9, 2012. • Written by Tamera H. Bennett, Defensive Maneuvers: Anti-Piracy Efforts Continued Apace in Courtrooms and on Capitol Hill, BILLBOARD, Dec. 17, 2011. • Written by Tamera H. Bennett, George Clinton v. Universal Music Group Highlights Time Limits On Royalty Claims, BILLBOARD, Sept. 29, 2011. • Quotes Tamera H. Bennett, KKR’s Big Venture Tunes Into Bug Music, THE DEAL, Sept. 12, 2011. • Written by Tamera H. Bennett, Rick James Estate’s Class-Action Suit Against Universal: An Entertainment Attorney Weighs In, BILLBOARD, April 8, 2011. • Quotes Tamera H. Bennett, How to Handle a Trademark Violation of Your Small Business, FOX BUSINESS SMALL BUSINESS CENTER, Feb. 3, 2011. • Quotes Tamera H. Bennett, Fresh Piracy Plank: Legal Online Options Tops Music Biz Agenda, VARIETY, Nov. 28, 2009. • Quotes Tamera H. Bennett, Stage Set For Tussle Over ‘Octomom’ Trademark, LAW360, April 17, 2009. • Quotes Tamera H. Bennett, Trademark Dispute Hovers Over Anheuser, InBev Deal, LAW360, July 23, 2008.
ORGANIZATIONS and ACHIEVEMENTS • Texas Chapter of the Grammy organization, Board of Governors, 2009-13. • Intellectual Property Law Section, State Bar of Texas; Member; IP Public Relations Committee Member 2011-12. • Entertainment & Sports Law Section, State Bar of Texas; Chair 2005-06; board member 2002-2007; ex-officio board member 2008-12. • Sports & Entertainment Law Section, Dallas Bar Association; Chair 2003; board member 2000-2005, 2011-12; ex-officio board member 2006-10. • Named a “2006 Best Lawyer In Dallas Under 40” in D Magazine. • Cub Scout Pack 62, Tonkawa District; Den Leader 2007-11. • Boy Scout Troop 437, Tonkawa District; Committee Member 2011-12.
FOGELMAN, EVAN M. .................................................................... Email: [email protected]
Areas of Practice: Internet Law and Licensing; Intellectual Property; Media and Entertainment; Oil, Gas and Natural Resources; Executive Compensation Senior Counsel practicing in the areas of Internet Law and Licensing; Intellectual Property, Media and Entertainment Law, including trademark registration, publishing, television, music, Internet, film and theatre; Licensing, including merchandising, copyright, trademark, sports and related exploitation; Media Law, including First Amendment, free speech, libel, slander and new media applications; Computer Law and software licensing; Corporate Law as applies to media and sports companies, including formation, alteration, venture strategy and general counsel services; Oil and Gas, including title examination, curative and due diligence, land services and negotiations, credit facility agreements, royalty issues, leases, farmouts and rightsholder representation; Exploration and development of mineral-producing properties and joint operating agreements.
Education Juris Doctor - Tulane University Bachelor of Arts - Tulane University Petroleum Land Practices Certification - Texas Christian University Energy Institute
Professional History Admitted to Texas Bar - 1988, District of Columbia - 1990, Louisiana - 1986 Various Federal Admissions American Association of Professional Landmen Registered Right-of-Way agent, Texas Real Estate Commission
Professional Affiliations Member, Former Chair, State Bar of Texas Entertainment and Sports Law Section; Member, State Bar of Texas Oil and Gas Section; American Association of Professional Landmen; Texas Independent Producers and Royalty Owners Association; Former Chair, Dallas Bar Association Entertainment and Sports Law Section; Former Vice-Chair, Dallas Bar Association Media Law Committee; Former Director, Louisiana State Bar Art, Entertainment and Sports Law Section; Legislative Advisor, Louisiana State Bar Art, Entertainment and Sports Law Section; Member, State Bar of Texas Standing Committee on Law and the Arts; Member, State Bar of Texas Oil, Gas and Natural Resources Section; Voting Member, Association of Authors Representatives; Bar Association of the City of New York; Adjunct Professor, SMU Law School. Multiple publications and lecture credits including, Social Networking Sites and Internet Law; Digital Millennium Copyright Act, Application of Moral Rights to World Copyright Law, Trademark and related merchandising deals, Internet and software utilization of peer-to-peer technologies, Records and Music publishing deals, Fair Use, celebrity likeness use, book publishing, film finance, State Tax incentives for entertainment ventures, Internet development, television deals, Texas Talent Agency Act, choice of law issues in entertainment contracts; protecting minors in the entertainment industries, TV anchor-person contracts and licensing infomercial deals and oil and gas negotiations.
BIO OF KAREN S. GRANT-SELMA Karen, a Miami native, received her B.B.A in Marketing from the University of Miami and then continued on to the University of Southern California’s Gould School of Law where she received her J.D. in 1994. Karen began her entertainment law career as a litigator at the firm of Stein & Kahan, but her goal was always to negotiate the deals when everyone was excited about a new project rather than fight about them after things went wrong. Consequently, she became an associate at the firm formerly known as Del, Shaw, Blye & Moonves, where under the tutelage of Nina Shaw, she learned the business, legal and financial aspects of negotiating television and motion picture deals. Major clients of the firm were the actors, creators, writers and producers of various television series including “ER”, “Living Single”, “Everybody Loves Raymond”, “Moesha”, “Mad About You”, “The Hughleys”, “Drew Carey”, “The Jamie Foxx Show”, “Arliss”, “The Steve Harvey Show”, “Malcolm In The Middle”, “Ally McBeal”, “Family Law”, “Law And Order” and “The X Files”. In feature films, the firm's clients wrote, produced, directed and/or performed in “The Matrix”, “There's Something About Mary”, “The Whole Nine Yards”, “Love And Basketball”, “Dancing In September”, “The Green Mile”, “Love Jones”, “The Negotiator”, “What's Love Got To Do With It”, “Mrs. Doubtfire”, “Eve's Bayou”, “Midnight In The Garden Of Good And Evil”, “The Wood”, “The Best Man” and “Varsity Blues”. She later served as the Vice President of Business and Legal Affairs for Miracle Entertainment where she negotiated on behalf of the company for the development, production and distribution of motion picture projects involving Will Smith, Ridley Scott, Gregory Nava and Antonio Banderas. Following Miracle, she started her own practice providing counsel to an assortment of actors, writers, producers, directors and entertainment companies. The majority of her clients were independent filmmakers with projects that covered the full spectrum of topics and budget levels. One of those projects, “One Flight Stand”, was chosen for competition in the 2004 Sundance Film Festival. In television, those clients included: ITV Studios (fka Granada America), a producer of reality series and television movies whose headquarters are in the UK; and Sí TV, the cable network for the English-speaking Latino market. Having consulted for ITV Studios, Karen was invited to join the company as Senior Counsel in 2005 and later that year was promoted to Vice President of Business and Legal Affairs. In this capacity, she supervises production and negotiates the full range of above-the-line deals and network license agreements associated with their television programs. Over the years, our non-scripted programs have included “The First 48”, “Airline”, “Steven Seagal: Lawman” and “Dallas Swat” for A&E; “Celebrity Fit Club” for VH1; “First Love, Second Chance” for TV Land; “Selling Houses” for HGTV; “Four Weddings”, “On the Fly” and 17 hours of William & Kate wedding coverage/specials for TLC; “WCG Ultimate Gamer” for SyFy; “Hit Me Baby One More Time”, “The Chopping Block”, “I’m a Celebrity, Get Me Out of Here” and “Surprise with Jenny McCarthy” for NBC; and “Nanny 911”, “Buried Treasure”, “Kitchen Nightmares” and “Hell’s Kitchen” for Fox. Our syndicated series include “America Now” distributed by Raycom Media, “The Jeremy Kyle Show” distributed by Debmar Mercury and “The Bill Cunningham Show” distributed by Tribune. Our television movies include “The Client List” and “Identity Theft” for Lifetime, “12 Days of Christmas Eve” for USA, “The Ron Clark Story” for TNT and “Santa Baby” for ABC Family. In the Fall of 2011, we ventured into the arena of scripted series with our first drama entitled “Prime Suspect” for NBC starring Maria Bello based on our UK series which originally starred Helen Mirren. In the Fall of 2012, we will have our first comedy entitled “Family Tools” for ABC based on our UK series entitled “White Van Man”. Karen’s professional affiliations include the State Bar of California, the Los Angeles County Bar Association, the Beverly Hills Bar Association and the Academy of Television Arts & Sciences.
Direct Dial: 214.979.7411 E-Mail: [email protected]
EXPERIENCE: Sally Helppie is a graduate of the UCLA School of Law who focuses her practice on Entertainment Law and commercial litigation. Sally’s entertainment law practice runs the gamut from representing high-budget Hollywood productions to small independent producers, as well as individual writers, actors and financiers. She negotiates acquisitions and distribution, drafts a wide variety of financing documents, advises on insurance and bonds, addresses Guild and Union matters, handles copyright and trademark issues, prepares production contracts and litigates disputes. Representative film matters include legal work for “The Tourist,” starring Angelina Jolie and Johnny Depp; “The Young Victoria,” starring Emily Blunt; “Edge of Darkness,” starring Mel Gibson; and Martin Scorsese’s 3D feature, “Hugo.” Sally also represents both production companies and talent on multiple reality television series. She regularly counsels Texas production companies regarding cast, crew, equipment, location and union contracts, and provides legal services and advice from formation of entities through principal photography, postproduction and distribution. In addition to Entertainment law, Sally is a seasoned trial attorney whose litigation work emphasizes contracts and business torts, trademark and copyright issues, software disputes, employment litigation, real estate cases and arbitration. Her practice encompasses all aspects of civil trials and appeals before the state and federal courts, as well as various arbitration panels. Sally has been lead counsel in literally hundreds of cases on behalf of Fortune 500 companies, smaller businesses and individuals. She has tried cases before juries in state and Federal courts, and has represented parties all the way to the U.S. Supreme Court.
EDUCATION: UCLA School of Law, J.D. 1985 National Moot Court Team Roscoe Pound Moot Court Winner Moot Court Executive Board Melvin Belli Award for Advocacy Distinguished Advocate Award Teaching Assistant, Legal Research & Writing Writer, “The Docket” newspaper Performer, law school musicals National Order of Barristers
California State University at Northridge, B.A. 1982 Journalism major/speech communication minor Summa Cum Laude graduate Kappa Tau Alpha National Honor Society (top 10% graduate nationally) Competitive Forensics Team (state and national awards for speech and drama) Best Writer Award, Journalism Department, 1982
ADMITTED TO PRACTICE: Texas, 1985 U.S. District Court Northern District of Texas U.S. District Court Southern District of Texas U.S. District Court Eastern District of Texas U.S. District Court Western District of Texas U.S. Supreme Court U.S. Court of Appeals 5th Circuit U.S. Tax Court
ACTIVITIES and HONORS: Sally served as the 2011 Chair of the Dallas Bar Association’s Sports & Entertainment Law Section and is a Council Member for the State Bar of Texas Entertainment & Sports Law Section. She was Chair of the Dallas Bar Association’s Business Litigation Section in 2009, which won the award for Section of the Year under her leadership, and is a past co-chair of both the Judicial Evaluation Poll subcommittee and Bench Book subcommittee. Sally is also an Adjunct Professor in SMU's Meadows School of the Arts, is a member of the College of the State Bar of Texas, has been named a “Super Lawyer” by Texas Monthly Magazine, and was recognized as one of the top Texas business litigators by Corporate Counsel Magazine. She has been featured in articles in the Texas Lawyer, Texas Bar Journal, DBA Headnotes, and numerous industry publications and newspapers. She is a sought-after speaker who has presented at the Austin Film Festival, Texas Entertainment Law Institute, Dallas International Film Festival, Dallas Screenwriters Association, Christian Media Association, KD College, Dallas Bar Association’s Entertainment Law Boot Camps, and multiple law-related conferences. In addition to her legal work, Sally is an award-winning producer and CEO of Advocate Pictures, LLC. Sally produced the 2008 action thriller, “Exit Speed,” which earned a platform U.S. theatrical run and wide release abroad; it screened on the Showtime Channel and currently is available on DVD and BluRay. The film, shot entirely in Texas, stars Lea Thompson (“Back to the Future,” “Caroline in the City”) and Fred Ward (“Tremors,” “Sweet Home Alabama”). She also produced “The Beacon,” a supernatural chiller that won the top award for Best Feature Film at the 2009 Paranoia Film Festival and for which she was named Best Producer at the 2009 La Femme Film Festival. It has enjoyed wide release in numerous foreign territories as well as North America, where it played on the Showtime Channel and is available from all major DVD and Blu-Ray retailers. Renamed “Haunting at the Beacon” this movie also was shot entirely in Texas and stars Teri Polo (“Meet the Parents” franchise, “The West Wing”), David Rees Snell (from TV’s long-running “The Shield”), genre icon Michael Ironside (“Top Gun,” “Terminator Salvation”) and Emmy winner and SAG president Ken Howard (“The White Shadow,” “Gray Gardens”). Sally's third feature film, “Beyond the Farthest Star,” is a family-friendly feature shot in Texas. Starring Renee O’Connor (perhaps best known as Gabrielle from the “Xena” series) and Dallas-based actor Todd Terry, it presently is in post-production. Sally was selected for the Producers’ Network at the 2009 Cannes Film Market and is a member of the Texas Motion Picture Association. She currently has two feature films in development.
Michael J. Huppe President, SoundExchange Michael Huppe is president of SoundExchange, the nonprofit performance rights organization formed to meet the needs of the digital music era. Michael is responsible for the strategic direction of SoundExchange, which represents one the music industry’s fastest growing revenue segments – the music royalties paid by digital music services to the creative community for the use of their recordings. SoundExchange represents more than 48,000 performer accounts and over 20,000 rights owners and label accounts in this effort. To date, SoundExchange has paid more than $1 billion in digital performance royalties to recording artists and record labels. Michael’s appointment to SoundExchange’s top position follows a 12-year career devoted to protecting the cultural and commercial value of music, most recently serving as executive vice president and general counsel for the organization. In his current role, Michael oversees SoundExchange’s mission to support, protect and propel the recorded music industry forward. Prior to joining SoundExchange, Michael was Senior Vice President and Deputy Counsel at the Recording Industry of America. Michael holds a B.A. from the University of Virginia and a J.D. from Harvard Law School. He is an adjunct professor at the Georgetown University Law Center, where he teaches a course on music law, and has lectured on intellectual property topics at various universities. His optimism and expertise helped to place SoundExchange among Forbes Magazine’s “Top Names You Need to Know for 2011.”
Deena Kalai, PLLC Deena Kalai is an entertainment lawyer with offices in Austin and New York providing counsel and representation to individuals and businesses in the film, television, gaming, mobile, new technology, publishing, and music industries. From up-and-coming ventures to established professionals with years of industry experience, the firm offers clients a broad array of entertainment law services. Ranging from negotiation of various entertainment and intellectual property agreements to assisting media enterprises with all aspects of their business and entertainment law needs, Deena Kalai, PLLC excels at tailoring representation to the particular circumstances of each client. The firm frequently works with independent film clients throughout the stages of a film's life cycle: development, financing, production, and distribution. Deena Kalai, PLLC is committed to devoting its collection of skills and expertise to produce practical, cost-effective solutions according to the highest professional and ethical standards. Fundamental in this process is an exceptional understanding of clients and their businesses, specifically an appreciation for the entertainment industry's unique needs.
Sean F. Kane | Counsel [email protected]
New York 1540 Broadway New York, NY 10036-4039 Ph +1.212.858.1453 Fax +1.917.464.7965 Practice Areas/Industries Intellectual Property
IP & Technology Litigation Media & Entertainment Communications Technology Virtual Worlds & Video Games
Focus Teams Social Media, Entertainment & Technology
Mr. Kane is a member of the firm's Intellectual Property practice and a member of the Social Media, Entertainment & Technology team. Mr. Kane has represented clients on transactional matters involving various entertainment, communications and consumer products business segments, such as video games, virtual worlds, computer software, the Internet, music publishing, records, motion picture (feature and independent films) and television production and distribution. He also has considerable experience litigating complex business disputes in federal and state courts at trial, appellate levels and in ADR forums throughout the country. Mr. Kane is a member of the American Bar Association Section of Intellectual Property Law (Chair of the Computer Games and Virtual Worlds Committee), as well as a member of the Section of Science & Technology Law (Chair of the Virtual Worlds and Multiuser Online Games Committee). He is also a member of the American Arbitration Association IP Panel of Neutrals. Mr. Kane is a member of the Board of Editors of the LJN publication, Internet Law & Strategy. Mr. Kane has written and lectured extensively on legal topics relating primarily to intellectual property and entertainment issues. Some of his recent articles are: "Virtual Judgment: Legal Implications of Online Gaming", published by IEE Security & Privacy, Vol 7, No. 3, May/June 2009; Chapter Author of "Virtual Property, Real Law", for the book "Settlers of the New Virtual Worlds" published by BookSurge Publishing, August 2008; and "Virtual Worlds, Real World Perils", coauthored with Benjamin T. Duranske and published in Landslide: A Publication of the ABA Section of Intellectual Property, Vol. 1, Number 1 September 2008. Prior to joining our firm, Mr. Kane was the founder of Kane & Associates LLC, where he served as Manager for the firm's Interactive Entertainment Practice Group.
Pillsbury Winthrop Shaw Pittman LLP | www.pillsburylaw.com
Successfully obtained a bench trial verdict holding defendant had breached a contract and misappropriated client's patent rights.
Litigated action involving the failure of developer to deliver a virtual world in accordance with the terms of the contract.
Federal Lanham Act litigation involving comparative advertising of the relative performance of certain home carpet cleaning equipment.
State court action asserting breach of confidentiality provisions of an employment contract and theft of trade secrets contained in proprietary computer software.
Successfully defended claims against a national retailer of tickets to sporting and entertainment events in connection with numerous putative class actions.
Successfully defended claims by manufacturer of specialized glass against competing manufacturer alleging infringement of various design copyrights.
Represented a major advertising agency and its wholly-owned subsidiary in an unfair competition suit against a company offering Website design and corporate branding services using a name virtually identical to the agency's wholly-owned subsidiary.
Education J.D., Fordham University School of Law, 1998 B.A., Villanova University, 1995 Admissions State of New York Courts United States District Courts for the Southern and Eastern District of New York
Chair of the Committee on Virtual Worlds and Computer Gaming, American Bar Association Section of Intellectual Property Law
Pillsbury Winthrop Shaw Pittman LLP | www.pillsburylaw.com
Chair of the Virtual Worlds and Multiuser Online Games Committee, American Bar Association Section of Science & Technology Law
American Bar Association Section of Intellectual Property Law Liaison to Section of Science & Technology Law
IP Panel of Neutrals, American Arbitration Association
Board of Editors, Internet Law & Strategy
Adjunct professor at Fordham University School of Law
Representative Speaking Engagements
The Next Level in Gameification: Deal Points for Developing Casual and Social Games, speaking engagement at CMJ 2011, October 2011
Social Currency and Virtual Currency: What You Need to Know, speaking engagement at the Mobile Payment Conference NYC, September 2011
Regulation of Virtual Worlds, speaking engagement at The Game Behind the Video Game: Business, Regulation, and Society in the Gaming Industry, New Brunswick, New Jersey, April 2011
How Governments are Changing Where Big Ideas Happen, speaking engagement at South By Southwest Interactive, March 2011
Managing Your Virtual Economy, speaking engagement at Engage Conference and Expo, New York, New York, February 2011
Court Rulings Effect on Business and Development, speaking engagement at Game::Business::Law 2011, Dallas, Texas, January 2011
‘Technotainment' for Attorneys Explored, speaking engagement as part of the Knowledge Congress Webinar Series, December 2010
Top Legal Issues in Gamification, featured speaker at the Gamification Workshop 2010, New York, New York, November 2010
New Technology Allows Users to Drive their own Entertainment, speaking engagement at PLI Technology and Entertainment Convergence 2010: Hot Business and Legal Issues in "Technotainment", New York, New York, September 2010
Pillsbury Winthrop Shaw Pittman LLP | www.pillsburylaw.com
Exploring the Market Opportunities & Legal Challenges of the Virtual Goods Phenomenon, speaking engagement as part of the Strategy Analytics Webinar Series, April 2010.
Developing A Dynamic and Engaging Online Play Strategy On a Budget, speaking engagement at the Engage! Expo Conference, New York, New York, February 2010.
Video Game Law for Attorneys: A 2009 Update, speaking engagement as part of the Knowledge Congress Webinar Series, February 2010.
The Crossroads of Financial and Legal Issues in Digital Distribution, speaking engagement at the 2010 Game::Business::Law Summit, Dallas, Texas, January 2010.
External Publications Virtual Judgment – Legal Implications of Online Gaming, IEEE Security & Privacy, Author: Sean F. Kane, 5/1/2009 Virtual Judgment – Legal Implications of Online Gaming, IEEE Security & Privacy, Author: Sean F. Kane, 5/1/2009 Virtual Worlds, Real World Issues, Landslide, Authors: Sean F. Kane, Benjamin T. Duranske, 9/1/2008 Settlers of the New Virtual Worlds, BookSurge Publishing, Author: Sean F. Kane, 8/1/2008 Virtual World Industry Outlook, TechIntel Group, Author: Sean F. Kane, 8/1/2008 A Passport to Virtual Worlds, Internet Law & Strategy, Volume 6, Number 6, ALM, Author: Sean F. Kane, 6/1/2008 Virtually Lawless: Legal & Economic Issues in Virtual Worlds, The Computer & Internet Lawyer, Volume 25, Number 6, Author: Sean F. Kane, 6/1/2008 Virtual Worlds, Digital Economies and Synthetic Crimes, Entertainment, Arts and Sports Law Journal, Volume 19, Number 1, Author: Sean F. Kane, 1/1/2008 Virtual Worlds Management Industry Forecast 2008, Virtual Worlds Management, Author: Sean F. Kane, 12/17/2007 Passporting of Avatars and Property Between Virtual Worlds, E commerce Law and Policy, Vol. 9, Issue 12, Author: Sean F. Kane, 12/1/2007 Viacom v. YouTube Does the Highly Publicized Case Deal With The ‘Metaphysics of Law'?, Internet Law & Strategy, Vol. 5, No. 4, Author: Sean F. Kane, 4/1/2007
Pillsbury Winthrop Shaw Pittman LLP | www.pillsburylaw.com
Internet Gambling Banned, New Legislation Forces Online Gaming Sites to Decide When to Hold Them and When to Fold Them, Internet Law & Strategy, Vol. 4, No. 11, Author: Sean F. Kane, 11/1/2006 New Kinds of e-Commerce, e-Commerce Law & Strategy, Vol. 23, No. 4, Author: Sean F. Kane, 8/1/2006 Asset Creation, Seclusion And Money Laundering In The Virtual World, Internet Law & Strategy, Vol. 4, No. 7, Author: Sean F. Kane, 7/1/2006 Protecting Your Client's Motion Picture Investment, New Jersey State Bar Association Business Law Section, Vol. 30, No. 1, Author: Sean F. Kane, 7/1/2006 Can The Grokster Settlement Close Pandora's Box?, Internet Law & Strategy, Vol. 3, No. 12, Author: Sean F. Kane, 12/1/2005 Can The Grokster Settlement Close The File-Sharing Pandora's Box?, e-Commerce Law & Strategy, Vol. 22, No. 8, Author: Sean F. Kane, 12/1/2005 International Film Production Incentives, Entertainment Law & Finance, Vol. 21, No. 7, Author: Sean F. Kane, 10/1/2005 Virtual Worlds And Digital Rights, Can Stealing An Online Gamer's IP Or Magic Sword Mean Real-World Legal Hot Water?, Internet Law & Strategy, Vol. 3, No. 9, Author: Sean F. Kane, 9/1/2005 Inside Grokster, Internet Law & Strategy, Vol. 3, No. 8A, Author: Sean F. Kane, 8/1/2005 A Primer On Protecting Investments In Motion-Picture Productions, Entertainment Law & Finance, Vol. 21, No. 4, Author: Sean F. Kane, 7/1/2005 Securitization May Work Beyond Music Royalty Income Stream, Entertainment Law & Finance, Vol. 19, No. 5, Author: Sean F. Kane, 8/1/2003 Protecting Against Defamation Claims From Docudrama Productions, Entertainment Law & Finance, Vol. 19, No. 3, Author: Sean F. Kane, 6/1/2003 Firm Publications White Paper—A Guide to Business Incentives for Interactive Entertainment Production in Canada, Author: Sean F. Kane, 12/22/2010 White Paper—A State-by-State Guide to Business Incentives for Your Interactive Entertainment Production, Author: Sean F. Kane, 12/7/2010 Advisory—Supreme Court Is Addressing the Application of the Copyright Act to Gray Market Goods, Authors: Kerry A. Brennan, Sean F. Kane, 11/15/2010
Pillsbury Winthrop Shaw Pittman LLP | www.pillsburylaw.com
Emerging Trends—Legal Issues Appearing for Augmented Reality Developers, Authors: Sean F. Kane, John L. Nicholson, 9/13/2010
Pillsbury Winthrop Shaw Pittman LLP | www.pillsburylaw.com
DEUTSCH, LEVY & ENGEL, CHTD ATTORNEYS AT LAW
225 WEST. WASHINGTON STREET SUITE 1700 CHICAGO ILLINOIS 60606 312.346.1460
Hal "Corky" Kessler DEUTSCH, LEVY & ENGEL, CHARTERED 225 West Washington Street, Suite 1700 Chicago, Illinois 60606 Direct: 312.853.8448 Mobile: 312.925.2110 Email: [email protected]
Website: www.dlec.com Corky has extensive entertainment law, corporate and worldwide entertainment industry experience. Corky regularly speaks on the business and legal aspects of feature film development and tax incentives in connection with the entertainment industry. Corky has successfully worked with governors and United States Congressmen in several states to implement new laws and federal tax incentives for investments in qualifying film and television projects, which led to Sections 181 and 199 of The American Jobs Creation Act of 2004. Corky has also authored a reference book covering such federal and state tax incentives. Corky has represented several authors and negotiated publishing deals with several major publishers, including Random House and Doubleday. Corky has also assembled and built winning teams for more than 30 entertainment and other business ventures. He has developed, packaged and executive produced feature films, theatre projects and television projects, including “The Sum of Us,” starring Russell Crowe, which won the Australian Academy Award for Best Film and most currently “Certifiably Jonathan” starring Jonathan Winters, Robin Williams, Howie Mandel, Rob Reiner, Jim Carrey, Sara Silverman, and others. An Adjunct Professor at Northwestern Law School and John Marshall Law School, Corky teaches an entertainment, transactional and law course. He previously developed a syllabus for and taught a similar course at Columbia College in its Film Department. Corky has been a panel member and speaker at many film seminars and festivals in the U.S. and Canada. He has written articles for Screen Magazine and other film and entertainment magazines and periodicals. Corky’s expertise in corporate matters, earned him a seat on the Illinois panel to recommend amendments to the Illinois Limited Liability Company Act. In addition, during the course of his career, Corky has litigated over 200 cases, including over 50 jury trials. Corky is admitted to practice in Illinois, the U.S. District Court for the Northern District of Illinois, the U.S. Court of Appeals for the Seventh Circuit and is a member of the Trial Bar of the U.S. District Court for the Northern District of Illinois. He is a member of the American and Chicago Bar Associations.
Corky has participated in seminars and conducted speaking engagements throughout the United States and Canada, including: January 23, 2012 Sundance Film Festival, Park City, Utah - Lead a panel discussion moderated by John Corser and other members consisted of a funding source, distribution, accountant, line producer and business plan guru. April 2011, Beijing International Film Festival. Invited by the Chinese Government to be a participant in multiple film panels throughout the film festival. January 27, 2011 Sundance Film Festival, Park City, Utah - Lead a panel discussion moderated by John Corser and other members consisted of a funding source, distribution, accountant, line producer and business plan guru. November 11, 2010 Los Angeles, California - Financing Your Film: Writer’s Boot Camp. Panel discussed avoiding pitfalls, development to distribution. October 2, 2010 Austin, Texas - Financing Your Film panel seminar. Panel discussed avoiding pitfalls, development to distribution. September 24-25, 2010 Naperville Independent Film Festival, Naperville, Illinois - Seminars on legal and business pitfalls. Screenplay through distribution and funding issues. April 24, 2010 Los Angeles, California - Conducted two seminars with discussions Updates on Section 181, State Incentives and Current Issues That Affect Independent Filmmakers. April 23, 2010 Brit Week Film & TV Summit, Los Angeles, California - Panel member for discussion Financing and Dealmakers Sessions. The panel was moderated by Peter Caranicas, Editor of Variety. April 17-18, 2010 NYC Indie Film Financing & Production Conferences, New York, New York - Conducted two days of seminars on several film industry topics. Panel member for discussion on The In’s and Out’s of Obtaining Financing for Feature Film, Documentaries and Educational Films. April 6, 2010 Film Specific Seminar - Conducted a teleseminar to filmmakers, producers and funding sources on financing and distribution. Moderator-Stacey Parks. February 3, 2010 Film Specific Seminar - Conducted a teleseminar to filmmakers, producers and funding sources on issues concerning the indie filmmaker. Chain of title issues and documents needed for E&O distribution. Moderator-Stacey Parks. January 26, 2010 Sundance Film Festival, Park City, Utah - Lead a panel discussion moderated by John Corser and other members consisted of a funding source, distribution, accountant, line producer and business plan guru.
December 9, 2009 Film Specific Seminar - Conducted a seminar to filmmakers, producers and funding sources on how to be grandfathered under Section 181 of the American Jobs Creation Act when it sunsets at the end of 2009. Moderator - Stacey Parks. November 6, 2009 Los Angeles, California - Conducted a seminar with discussions on funding and new funding alternatives, federal and state financing and marketing a film and Section 181 issues. October 31, 2009 Texas Motion Picture Association, Austin, Texas - Conducted a seminar with discussions on funding and new funding alternatives federal and state and financing and marketing a film. October 1-2, 2009 International Black Film Festival, Nashville, Tennessee. Panel member for discussion regarding pitfalls, hang-ups and legalese. Conducted a federal and state tax incentives workshop. September 25, 2009 Film Financing Night presented by the Los Angeles Film School. Spoke on Section 181 of the American Jobs Creation Act. June 11-14, 2009 Film Finance Seminars to Filmmakers and Producers in Los Angeles, California regarding Section 181 of the American Jobs Creation Act. May 20, 2009 Webinar to Filmmakers and Producers on film finance and Section 181 of the American Jobs Creation Act. March 11, 2009 Film Finance Forum 2009 of Los Angeles – Spoke on minimizing risk through insurance and legal strategies to investment bankers, hedge fund managers and other film industry personnel. January 21, 2009 Sundance Film Festival, Park City, Utah - Lead panel discussion on federal tax incentives, legal and business pitfalls screenplay through distribution. Corky has been active and instrumental in conducting "Biz Sessions," a seminar dealing with the business and legal aspects of feature film development. In the spring of 1998, Biz Sessions made its debut in Chicago with over 100 people attending. Corky has been the attorney on over 15 feature films and is actively working on over 12 more film projects. He is active in establishing and advising various film funds and film funding sources in North America, and is currently working on setting up several film funds throughout the Country. EXECUTIVE PRODUCER AND/OR ATTORNEY ON FEATURE FILM PROJECTS INCLUDING: Bloody Benders Director: John Carpenter; Screenwriter: Mark Patton; Production Company: Broad Street Media Ventures, LLC. Pre-Production Certifiably Jonathan Starring: Jonathan Winters, Robin Williams, Howie Mandel, Rob Reiner, Martin Mull, Jim Carrey, Dana Carvey, Lili Tomlin, Sara Silverman, Bonnie Hunt and others. The Sum of Us (Australian Academy Award Winner) Distributed by The Samuel Goldwyn Co. Starring Russell Crowe and Jack Thompson. Currently in Video/DVD release. Finding North Screenplay by Kim Powers; Distributed by Cowboy Booking; Starring Wendy Mckenna and John Benjamin Hickey. Currently in Video/DVD release. Sacrifices Screenplay by Edward Seaton. Currently in Video release. Rockville Slayer Screenplay by Marc Selz. Currently in theatrical, Video/DVD release. Legend of Bloody Mary Screenplay by Joseph Domingo. Currently in distribution phase. Teary Sockets Screenplay by Scott Anderson. Currently in distribution phase. Little Chicago Screenplay by Carl Veno. Currently in pre-production. ATTORNEY FOR THE PRODUCERS ON FEATURE FILMS: Wild Things Greater Written by Brian Reindl. Life story of Arkansas football player Brandon Burlsworth. Broken Hill Written and Directed by Dagen Merrill. Starring: Luke Arnold, Alexa Vega and Timothy Hutton. Distributor: Porchlight Entertainment Heart Strings Screenplay by FireFly Film & Video. Produced by FireFly Film & Video; Co-Producer: James Pasternak. Currently in preproduction.
Projects currently in the development phase include:
Dravn Screenplay by Jesse Negron, Produced by WarFront Productions Abelar, Tales of an Ancient Empire Screenplay by Yancy Butler and Victoria Maurette; Produced by Nick Celozzi Bagmen Screenplay by Norman Snider, Produced by Donald Zuckerman Bronzeville Produced by Think Differently Company Stray Hearts Screenplay by Keri Roebuck Fitzgerald, Revisions by Jenny Wingfield. Produced by Dorothea Petrie, William S. Gilmore and Shari Rhodes. The Dark Path 2 East Candyland Love in The Boneyard Men of Respect Galatea Onna Bugeisha American Garage Magically Married Terra Infirma Manson Girls Snowballs Tribe Of The Dead Steal Away, Steal Away Urges To Hold Dear The Black Rider CLAWS The Final Hour
HE HAS ALSO DEVELOPED, BEEN PRODUCER ON AND THE ATTORNEY FOR MANY THEATRICAL PLAYS, INCLUDING: The Nerd I'm Not Rappaport Don’t Dress for Dinner Driving Miss Daisy Hoops Frankie and Johnny in the Claire de Steel Magnolias Shirley Valentine Lune” The Good Times are Killing Me Hauptman Jump for Joy
JEFF LIEBENSON Principal Liebenson Law
Jeff Liebenson is the President of the International Association of Entertainment Lawyers. Jeff concentrates his practice in digital entertainment, music, international and intellectual property at Liebenson Law in New York City. He represented EMI in the first iTunes negotiations with Apple, Sony in establishing its Pressplay online service with Universal, and Gracenote in obtaining digital lyric licensing rights from the music publishing industry. He previously was chief legal/business affairs executive for BMG Entertainment International overseeing music, video, videogame and online activities in 53 countries. Jeff is the Editor of "User-Generated Content: New Business Models and Legal Issues."
Amy E. Mitchell is a transactional lawyer based in Austin, Texas, who practices entertainment law with a focus on music and film law issues. She has been licensed to practice law in Texas since 2004. Amy earned her B.A. in Spanish and Economics from the University of Texas at Austin in 1999 and her J.D. from the University of Texas School of Law in 2004. Prior to attending law school, Amy served as Office Manager of the Texas Music Office, a state agency within the Texas Governor’s Office. During law school, she attended the University College London in London, England, to study international and comparative law. Amy served as a staff editor of both the Texas Intellectual Property Law Journal and the Texas Review of Entertainment and Sports Law; President of Women’s Law Caucus; Vice President of the Intellectual Property Law Society; and a Teaching Quizmaster. She also arranged for and directed UT Law’s a cappella group that performed during the annual law school production Assault & Flattery. In 2007, Amy joined Christian L. Castle, Attorneys to focus on music industry talent representation, online retailers, digital distribution, content licensing, and public policy matters. In 2009, Amy was elected to serve on the Council of the State Bar of Texas Entertainment and Sports Law Section and currently holds the Treasurer and Webmaster positions. In 2011, Amy expanded her film practice to include production counsel services; she is currently of counsel to Deena Kalai, PLLC. Amy writes frequently on entertainment law topics and launched and runs the educational site AskaMusicLawyer.com. When she is not practicing law, Amy performs as a vocalist and keyboardist in several Austin ensembles, including Conspirare, Lila Lies (Simon & Garfunkel cover band) and The Bar & Grill Singers. She has also performed, written, and/or recorded with numerous bands including Will Taylor’s Strings Attached, Til We’re Blue or Destroy, Dave Madden, framing strangers, Spain Coloured Orange, Golden Bear, The Unbearables, Youngmond Grand, Radar Radar, All Hail, and Brothers & Sisters. She also serves on the board of Texas Folklife, a statewide arts organization dedicated to celebrating and preserving the unique cultures and living heritage of the Lone Star State.
Claude A. Mitchell, Jr. Bio With a career spanning over 20 years and credits that include FIFA World Cup, Winter & Summer X Games, Sports Center, seasonal sports package for the NBA, English Premier League Soccer and NFL Monday Night Football, Claude Mitchell has set himself apart as a leader in the innovative use of music in sports production. Combining sports, music and business savvy, Mitchell leads the Music Department as Coordinating Director of Music at ESPN, the worldwide leader in sports. Mitchell and his team are key players in defining the sound of the network. ESPN relies on Mitchell and his team to manage the creation of original music; oversee and negotiate licensing deals with major artists that have recently included Coldplay, Big & Rich, Nelly, U2 and Bruce Springsteen; coordinate placements for artists in content & events across all of ESPN’s media platforms; along with oversight of all in-house sound design and audio mixing of pre-edited features. Mitchell’s efforts have contributed to many Emmy Award winning productions, including most recently the 2010 FIFA World Cup - U2 & Soweto Gospel Choir campaign, winner of the 2011 Emmy Award for Outstanding Music Composition/Direction/Lyrics. Developing a passion for music from a young age, Mitchell honed his ear listening to Jazz, R&B and Rock as a teenager in Staten Island, New York. Influenced by the genre defying DJ’s on local NY radio and the diverse music his closed knit family listened to, Mitchell learned an appreciation for a variety of genres that has served him well throughout his career. An avid sports fan, Mitchell was an exceptional runner and member of the track team at St. Peter’s High School. His passion for track led him to run competitively in his early years at Syracuse University. As his academic career took root, the Economics Major eventually had to sacrifice his passion for running to focus on academics. Little did he know, his enthusiasm for sports would later combine with his love of music and ultimately define his career path. On his role at ESPN, Mitchell comments, “There are not many jobs where I could combine two of my favorite passions into a career. ESPN gives me that while providing great, new experiences and challenges every day.” Developing an expertise for licensing and managing songwriting & producer talent for over 10 years in music publishing, Mitchell seamlessly transitioned to television and joined ESPN in 2000, immediately getting a crash course in how shows get on the air in an incredibly fast paced environment. “One of the amazing things about joining such an innovative environment is the constant evolution.” Mitchell notes. “It provides opportunities for creative solutions to new businesses and technology challenges on an ongoing basis.” That constant evolution allows Mitchell to expand his knowledge base and grow as a creative executive. His talent for management and understanding of sports and music provide him with a unique perspective that fits perfectly within the organization and assures that he will have continued success at ESPN and beyond.
CASEY J. MONAHAN Casey Monahan is the director of the Texas Music Office, an economic development program in the Office of the Governor. Monahan was hired to open the TMO in January 1990. The TMO was the first government office ever created to promote a state's music industry. The TMO promotes the talent, products and services of the Texas music industry to the worldwide music industry. Publications Monahan oversees to that end are the Texas Music Events Calendar, the Texas Music Education Primer, the Texas Talent Register, and the TMO's EnjoyTexasMusic.com website. When formatted for printing, EnjoyTexasMusic.com is approximately 3,000 pages in length; it enjoys more than 400,000 unique visitors and more than 6 million hits each year. Monahan was the editor of 16 editions of the annual Texas Music Industry Directory (1991-2006). Prior to becoming director of the TMO, Monahan was both a music writer and research analyst for the Austin American-Statesman (June 1985 to January 1990). As a music writer, Monahan developed and compiled Austin’s first daily live music calendar, and wrote more than 400 articles about country, folk, rock & roll and music business. He also photographed for publication more than 400 musical performances. He was named "Best Music Critic" in the 1989 Austin Music Awards. As research analyst in the Marketing Services Department, Monahan researched the Austin economy and AA-S readership, prepared sales tools and analyses for AA-S display and classified advertising staff, and assisted in the publication of the 1986, 1987 and 1988 editions of the Scarborough Austin Market Report, a guide to Austin-area demographics and consumer buying trends. Monahan's articles and/or photographs have appeared in Southwestern Historical Quarterly, Rolling Stone, Music Library Association Notes, the New York Times, Pulse!, Texas Monthly, Southwest Spirit, Third Coast, the Dallas Morning News, and the Austin Chronicle. He compiled and edited lyrical anthologies for two Texas songwriting legends: Harvey “Tex Thomas” Young (Hut’s Hymnal, 1989) and Roky Erickson (Openers II, 1995). He is a co-editor of the Handbook of Texas Music (Texas State Historical Association, 2003). He produced Rick Broussard's CD She Makes The Angels Cry (Dynamic), co-produced Roky Erickson's All That May Do My Rhyme (Trance Syndicate), and executive produced Junior Brown's Guit With It (Curb). A Dallas native, Monahan, 52, graduated from Hillcrest High School in 1977, and from the University of Texas at Austin in May 1983 with a Bachelor of Arts degree in History and Government. He is a five-term elected board member of the Texas Chapter of the National Academy of Recording Arts and Sciences (1994-1998; 2004-2005; 2007-2012), and was an ExOfficio board member of the Texas Travel Industry Association (2004-2007). He serves on the board of the Austin Music Foundation (2005 -). He is an adjunct professor of Commercial Music at Austin Community College (2006-) and at Mediatech Institute (2012-), and was a volunteer tutor in the Carver Branch Library's Victory Tutor Program (1995-2009).
Entertainment, Media, Intellectual Property, Litigation, IP/Litigation
B.S., Trinity University
M.S., Syracuse University, S.I. Newhouse School of Public Communications
J.D., Syracuse University College of Law
Emilio Nicolas represents and counsels a variety of individuals and businesses on matters involving entertainment, media and intellectual property. His practice includes intellectual property and general commercial litigation, entertainment and media transactions, and intellectual property rights management. He has litigated a variety of disputes in state and federal court, including film, music, copyright, trademark, right of publicity, defamation, and restraint of trade. He has also handled inter-party and ex parte trademark proceedings before the United States Patent and Trademark Office. In addition, he assists clients with the preparation, review and negotiation of their entertainment industry contracts, such as music, film, television, literary and video game production, distribution and finance agreements, as well as their product and services agreements, restrictive covenants, and other general commercial transaction documents. He also handles copyright and trademark prosecutions, intellectual property rights clearance and licensing, and pre-publication reviews.
MEMBERSHIPS Mr. Nicolas is a member of the State Bar of Texas, where he serves as a Council Member for the Texas Entertainment and Sports Law Section. He is also a member of the New York State Bar Association, the Texas Young Lawyers Association, the Austin Bar Association, and the Austin Young Lawyers Association.
Community Involvement Mr. Nicolas serves on the Board of Directors for Austin Volunteer Lawyers for the Arts and on the advisory board for Texas Accountants and Lawyers for the Arts (TALA).
AWARDS Mr. Nicolas was named a “Rising Star” by Thomson Reuters (2012).
2006, New York 2007, Texas
Michael Perlstein Fischbach, Perlstein, Lieberman & Almond, LLP 1925 Century Park East, Suite 2050 Los Angeles, California 90067 310-556-1956 [[email protected]
] Michael Perlstein has practiced law for over forty years with the focus of his practice on music publishing and recording industry transactions. He represents leading artists, writers, music publishers and the estates of deceased artists and songwriters. A significant element of his practice is analysis and resolution of complex copyright issues involved in: purchase and sale of music publishing companies and record labels and individual copyrighted works, estate planning and separation agreements and divorce settlement agreements. He is the author of the following articles and program presentations: In Re Marriage of Worth – Copyright as Community Property: Questions about Worth are More than Merely Trivial, April 1988 Entertainment Law Reporter; Contracts with Kids: A Limited Discussion of Entertainment Industry Contracts Involving Minors, Under California Law, 1992-1993 Entertainment Publishing and the Arts Handbook; the chapter entitled Music Publishing in Entertainment Law, Editions 1, 2 and 3, New York State Bar Association (1989, 1996 and 2004); A Cue Sheet Primer, March 2000 edition of The Score, the Journal of the Society of Composers and Lyricists; Some Aspects of United States Music Publishing Agreements: The Exclusive Term Copublishing Agreement and the Minimum Delivery Commitment, January 2001 Journal of the International Association of Entertainment Lawyers, Fundamentals of Termination Rights, 2007 and 2008 syllabi of the Entertainment Law Institute of the Texas State Bar, She Got the Gold Mine, I Got the Shaft: When Copyright Collides with Community Property, 2008 syllabus of the Entertainment Law Institute of the Texas State Bar and the chapter entitled International Copyright Basics, in Copyright Practice, 2008, HalfMoon, LLC, Termination Rights in Sound Recordings syllabus of the 2012 the Copyright Society of the USA winter symposium, Fundamentals of Termination Rights 2012 syllabus of the California CPA Entertainment Law symposium. He is a former adjunct associate professor of law at Southwestern Law School in Los Angeles, teaching the course on the law and business of music publishing for which he created the case book. He is frequent lecturer and panelist on music industry and copyright topics. Mr. Perlstein holds an LLB degree from the University of California School of Law at Berkeley (Boalt Hall). He serves as a trustee and was president (2011-2012) of the Los Angeles Copyright Society and is a member of the California Copyright Conference. He is a member of the Bar of California, New York and Illinois.
Benom Plumb is Manager of Licensing and Administration at Bluewater Music in Nashville, TN. A Magna Cum Laude graduate of the University of Texas at Arlington, he holds a Bachelor of Music degree with a concentration in music business and percussion performance and a Master of Music Business and Entertainment Industries from the University of Miami in Coral Gables, FL. His professional experience includes work in both music performance and music business, including live & studio drumming, composing, audio/video editing, music publishing, artist management and music licensing. His duties at Bluewater Music focus on synchronization/product licensing, administration deal negotiations, international society matters, talent searches, various creative projects and representing Bluewater Music at conferences and tradeshows worldwide. Benom grew up in the small East Texas town of Marshall, TX where he met his wife, Cindy and they currently reside in Nashville, TN. He is also an independent drummer performing with various acts throughout the mid-South region and enjoys playing loud rock n’ roll music every chance he gets.
Jay Rosenthal, Esq. Biography Jay Rosenthal is Senior Vice‐President and General Counsel at the National Music Publishers’ Association (NMPA). Prior to joining NMPA, Mr. Rosenthal was a partner with the law firm of Berliner, Corcoran & Rowe, and served as General Counsel to the Recording Artists' Coalition (RAC), which was founded by Don Henley, Sheryl Crow, and other prominent featured recording artists. Mr. Rosenthal also represented numerous artists and independent record companies, including Thievery Corporation, ESL Music, Mya, Salt‐N‐Pepa, Sweet Honey in the Rock, Mary Chapin‐Carpenter, Rare Essence, Riot Act Entertainment, Pro Wrestler and Actor David Bautista, Comedian Robert Schimmel, and monument maker Robert Berks. Mr. Rosenthal is a Professorial Lecturer in Entertainment Law at the George Washington University Law School and an Adjunct Professor of Entertainment Law at the Washington College of Law at The American University. He is a former Copyright Examiner with the U.S. Copyright Office, a founding Board Member of SoundExchange, and a member of the Copyright Society. He also served as Vice‐President of the Washington Area Music Association and as an Advisory Board Member of the Songwriter Association of Washington. Mr. Rosenthal has authored numerous articles on entertainment and copyright law. He is a Contributing Editor with Entertainment, Law & Finance, and a periodic contributor to Billboard and other industry journals and publications. He has lectured extensively around the world on entertainment and copyright industry topics. Mr. Rosenthal received an Undergraduate Degree in History and a Masters Degree in International Affairs from The American University, a Juris Doctor Degree in Law from The Antioch School of Law (Editor, Antioch Law Journal), and a Master of Law Degree in International and Comparative Law from Georgetown University Law Center.
MICHAEL I. RUDELL Franklin, Weinrib, Rudell & Vassallo, P.C. 488 Madison Avenue New York, NY 10022
Michael is Managing Partner of Franklin, Weinrib, Rudell & Vassallo, a New York based firm with a practice focused on entertainment law. He is counsel to numerous individuals and corporations in the entertainment industry, including celebrities, Fortune 500 companies and start-up ventures. His clients include world-renowned authors of fiction and non-fiction books in their deals with literary publishers and motion picture and television companies, as well as journalists, on-air news correspondents and producers of theatrical and television productions. He also represents high level executives in contractual negotiations with their employers. Michael is the past Chairperson of both the American Bar Association Forum on the Entertainment and Sports Industries and the Committee on Entertainment and Sports Law of the Association of the Bar of the City of New York. He was awarded The American Bar Association Forum on the Entertainment and Sports Industries Ed Rubin Service Award for exemplary service and leadership. He has been advisor to several publications, a former member of the Board of the Film Forum and lectures extensively on the subject of entertainment law. For over thirty-five years, Michael has been the Entertainment Law columnist for The New York Law Journal (which he currently co-writes with partner Neil Rosini). He also is the author of Behind the Scenes: Practical Entertainment Law published by Harcourt Brace and Jovanovich. Michael has been included in each edition of The Best Lawyers in America. The independently researched publication of Chambers USA, America's Leading Lawyers for Business refers to Michael as "absolutely legendary" in the world of media and entertainment. Michael also is named as a "Super Lawyer" in New York Super Lawyers/ Manhattan Edition and is included by Lawdragon Magazine in its listing of 500 Leading Lawyers in America. Michael received his Bachelor of Arts from Bucknell University and his LLB from New York University School of Law. He is admitted to the Bars of New York, New Jersey and California.
STAN SOOCHER is the long-time Editor-in-Chief of the monthly Entertainment Law & Finance. He is also a tenured Associate Professor of Music & Entertainment Industry Studies at the University of Colorado’s Denver Campus, where he has served as Music Department Chair. In addition, Stan is an entertainment attorney and author of the investigative book They Fought the Law: Rock Music Goes to Court, most recently published in a Chinese translation edition by the Beijing-based Law Press China. Stan has given speeches on entertainment law and related industry issues to bar associations, educational institutions and at industry conferences, including, among others: Harvard University Law School, American Bar Association, N.Y. State Bar Association, Nashville Bar Association, Texas Bar Association, New York County Lawyers Association, Los Angeles County Bar Association, Colorado Bar Association, Washington State Bar, Oregon State Bar, Beverly Hills Bar, Virginia Bar, Georgia Bar, New Jersey Bar, Connecticut Bar, District of Columbia Bar, Florida Bar, North Carolina Bar, Minnesota State Bar, Copyright Society of the South, Southern University Law Center, Lawyers Committee for the Association of American Publishers, University of Buffalo School of Law, University of Miami Film School, Emory University, Seton Hall University School of Law, Music & Entertainment Industry Educators Association, National Music Publishers Association, South-By-Southwest Music Conference, Northeast Music Conference, CMJ Music Conference, Winter Music Conference, Berklee College of Music, New York Women in Film and Television, Colorado Music Business Organization, Colorado Music Teachers Association, and Association of College & Research Libraries. Among the many media outlets who have interviewed Stan about entertainment industry issues are the Associated Press, National Public Radio, CNN, Los Angeles Times, The New York Times, New York Daily News, The New York Post, Miami Herald, Washington Post, The Philadelphia Inquirer, Chicago Tribune, Denver Post, Salt Lake Tribune, Entertainment Weekly, The Wall Street Journal, Variety, London Times, BBC-TV and Court TV. During his career, Stan has received ASCAP Deems Taylor Awards for excellence in music journalism for music law articles he wrote for Rolling Stone, The National Law Journal and Musician Magazine. For many years, Stan covered the federal appeals courts in a weekly section for The National Law Journal. Early in his career, he worked as an associate editor and reporter for the rock music magazine Circus.
Co-Managing Partner Global Eyes Entertainment Preston Sullivan has amassed over 30 years of experience in the music industry. Soon after graduating from Vanderbilt University in 1974 he headed to Los Angeles to pursue an artist career. There he enjoyed a decade of successful musical performance fronting a popular ninepiece R&B group called the drivers; as well as solo performances. Upon his return to Nashville in 1984, Sullivan sought another position in music, this time the business of the business. He launched the cutting edge college rock/dance alternative label Carlyle Records. The label won numerous industry awards and was critically acclaimed. Sullivan was the first chairman of the board of Nashville Association of Professional Recording Studios (NAPRS) and was instrumental in the grass roots movement of “non-country” music being produced and marketed in Music City. Sullivan created two music publishing companies; Preston Sullivan Music (ASCAP) and Surespin Songs (BMI), which to date have had over 50 songs recorded by artists around the world enjoying Billboard chart success and gold and platinum album sales. From 1989 until 1997, Mr. Sullivan was director of operations and in-house producer for Sixteenth Avenue Sound Studios in Nashville, TN. His marketing efforts attracted a client roster that included such hit artists as Steve Winwood, Bon Jovi, Stevie Wonder, Take 6, BeBe and CeCe Wynans, Mark Knopfler, Dolly Parton, George Strait, Alan Jackson, John Denver and Maria Carey. Over 80 of the artists that recorded at the studio in its eleven-year history achieved million-plus sales, as well as Grammy nominations and international music industry awards. During this time, Mr. Sullivan produced over 100 albums for multi-genre artists for various labels including his own highly acclaimed college rock/dance alternative label Carlyle Records. Preston co-founded Tappedinto.com / TN2 Entertainment, a frontrunner of the streaming media web cast businesses. The company was sold to Canadian telecom giant Sasktel. Preston currently is the co-managing partner with Ramona E. Simmons in Global Eyes Entertainment, a full service international media and marketing organization representing labels, publishers, and artists across many genres for the global market place.
STEVEN WINOGRADSKY BIOGRAPHICAL INFORMATION With over thirty years experience as an attorney in the music industry, Steven Winogradsky is a partner in Winogradsky/Sobel in Studio City, California, providing global media and music business affairs & legal support for composers, songwriters, music publishers, recording artists and television, film, video and multi-media producers. In addition to an entertainment law practice, the company handles music clearance and licensing in all media for many production companies, worldwide administration of the publishing catalogs for a number of clients and New Media strategies and Revenue Modeling. Prior to being in solo practice with The Winogradsky Company from 1992 to 2009, Mr. Winogradsky had served as Director of Music Business Affairs for Hanna-Barbera Productions, Inc., Managing Director of Music, Legal & Business Affairs for MCA Home Entertainment, Director of Music Licensing and Administration for Universal Pictures and Universal Television and Vice President of Business Affairs for The Clearing House, Ltd. He was twice elected President of the California Copyright Conference, after spending nine years on the Board of Directors, and also served for four years as President of The Association of Independent Music Publishers. Mr. Winogradsky was named as one of the Outstanding Instructors in Entertainment Studies and Performing Arts at UCLA Extension, where he has taught since 1997. He has written numerous magazine articles on the subject of music for motion pictures and television and has lectured on a variety of music-related topics at MIDEM, University of Houston Law Foundation (1993, 1994, 1997), Texas State Bar Entertainment Law Seminar (1994 - 2012), American Bar Association Entertainment & Sports Law Conference, University of Southern California Entertainment Law Institute, The Hollywood Reporter Film and Television Music Conference (1997-2000), Billboard Film and Television Music Conference, NARAS, The Society of Composers and Lyricists, Loyola Law School, Southwestern School of Law, California Lawyers For The Arts, The American Film Institute, LMNOP (New Orleans), The Toronto Film Festival, Canadian Music Week, Musicians’ Institute, McNally Smith College of Music, California State University, Northridge (CSUN), NARIP, The Copyright Society of the U.S.A. and various other symposia. In addition, he is a guitarist, singer and songwriter who is both a composer and publisher member of ASCAP.
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