The Essential Guide to Entertainment Law: Dealmaking (with forms) - PDFBook
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The Essential Guide to
Entertainment Law: Dealmaking, is the go-to desk-side resource for legal practitioners
involved in entertainment industry transactions. Executives, investors,
financial advisors as well as entrepreneurs seeking to enter the entertainment
industry will find this handbook equally useful. Created by a dream team of
practitioners who work in leading industry law firms and companies, this volume
offers readers an unprecedented opportunity to benefit from the business acumen
and expertise of top lawyers in the many industry sectors covered by this
The EG2EL: Dealmaking volume offers a broad
survey of the key business and legal transactions at the core of entertainment
law dealmaking, while also providing detailed information. From Book Publishing
through to Motion Pictures to Music and Television – through all the key
industry fields – The Essential Guide to Entertainment Law: Dealmaking addresses the issues that typically arise in
the practice of entertainment law and the practical and ethical roles of the
lawyer involved in industry dealmaking. Most importantly, the Guide provides
inside information on the practical aspects of how to make projects happen.
Eighty-four contract forms and sample documents acquaint readers with the major
agreements used in the field, and are provided free with the purchase of the EG2EL: Dealmaking volume.
analyze their key features, discuss the most effective negotiating strategies
to employ, cover the most important provisions of the contracts and unlock the
logic behind them. Written to take the place of an actual consult with a
seasoned professional, the Guide will
quickly prove to readers there is no better one-stop resource to be found in
the companion second volume, The
Essential Guide to Entertainment Law: Intellectual Property, may be
purchased with the Dealmaking volume
as a set at the featured discounted price. The EG2EL: IP volume examines the fundamental intellectual property law
principles and issues of copyright, trademark, unfair competition and rights of
publicity, which are the foundation for a substantial part of the industry's
functioning. EG2EL: IP provides a concise but comprehensive road map to the
intellectual property law landscape most relevant to entertainment industry
transactions to establish the parameters of those underlying rights essential
to secure most industry project financing.
paraphrase renowned industry attorney Peter Dekom from his introduction to
these volumes, the entertainment industry offers huge rewards to the
successful, but perhaps has never been more perilous a business for the
uninitiated. The information available in these volumes can help serious
creatives, entrepreneurs, executives, and legal professionals survive and
successfully navigate these industry landscapes. Rich in information, broad in
scope, focused on what you need to know, the volumes will repay the purchaser
many times over –giving you the information and resources you need throughout
the course of your professional practice or entertainment careers.
Jay Shanker is a veteran entertainment industry attorney with the firm of Crowe & Dunlevy whose practice encompasses all aspects of entertainment and new media law. His business affairs and legal experience extend to the development, production and distribution of television and motion picture programming (including international co-productions), recorded music projects, live stage and events, book publishing, interactive media, and fine arts representation. He has represented public, private and not-for-profit companies, along with individual producers, directors, writers, actors, musical and visual artists, industry executives and entrepreneurs. Over the years, his individual clients have garnered prestigious international awards in every major creative media, including Oscar, Emmy, Grammy and Clio award recognition.
Mr. Shanker is the author and editor of various books on entertainment law. He served as adjunct law professor and speaker on entertainment law topics for a number of entertainment industry seminars and online educational events. He served on the advisory committee of the American Film Institute’s Third Decade Council and was also a founding member of the Academy of Interactive Arts and Sciences Board of Governors. His achievements have earned him inclusion in The Best Lawyers in America publication (entertainment law – motion pictures and television; entertainment law – music) since 2013, and he is one of only 440 lawyers worldwide to be selected for inclusion in Who’s Who Legal – Sports and Entertainment, 2015 publication.
Kirk Schroder, a founding partner of the Richmond, Virginia law firm Schroder Davis, PLC, has an extensive entertainment and arts law practice. He is named in the current edition of The Best Lawyers in America® for the field of entertainment law. He is also rated an “AV”* lawyer by Martindale - Hubbell, its highest rating for lawyers. Mr. Schroder was elected by his national peers in the entertainment and sports law profession to serve as the Chair of the American Bar Association Entertainment & Sports Law section (2008-10). His law practice involves transactional work in all major entertainment fields, and draws entertainment and arts -related clients from all over the United States and the world. He holds, BA and BSBA degrees from the University of Richmond, where he also earned his law degree. He additionally holds a Ph.D in Education from the University of Virginia. Kirk Schroder has written extensively on a wide range of entertainment law topics, and is a frequent panelist and lecturer on entertainment industry and legal topics throughout the U.S.
Ken Basin currently works as Senior Vice President, Business Affairs for Paramount Television, where he is responsible for dealmaking with talent, producers, and licensees in support of Paramount’s broad slate of premium original television series across all television platforms. Prior to joining Paramount, he was a Vice President, U.S. Business Affairs for Sony Pictures Television, where he served as the lead business affairs executive for the development and production of series such as Sneaky Pete (Amazon), The Last Tycoon (Amazon), $100,000 Pyramid (ABC), The Gong Show (ABC), S.T.R.O.N.G. (NBC), and The Dr. Oz Show (first-run syndication).
Andrew Boortz is the Managing Vice President for Western Business and Corporate Development for Nexon Group, Korea’s largest gaming company, having previously served as General Counsel for Nexon America, Inc. and Nexon M, Inc., its subsidiaries Nexon specializes in free to play PC, mobile and social games. As General Counsel for Nexon America and Nexon M, Mr. Boortz oversaw all legal, regulatory, litigation and public policy activities of the Nexon group in North America, South America and Oceana. Prior to joining Nexon, Mr. Boortz practiced law as an associate with Reed Smith LLP. He holds a B.S. degree from Cornell, and received his law degree from Georgetown.
Jeffrey Brabec is Vice President of Business Affairs for BMG Chrysalis (representing the catalogues of OutKast, Sheryl Crow, Gnarls Barkley, Danger Mouse, John Denver, Leon Russell, My Morning Jacket, Blondie, David Bowie, Paul Anka, Billy Idol, Jethro Tull, The Yeah Yeah Yeahs, A3 (The Sopranos television theme), TV On The Radio and Ray LaMontagne). He specializes in evaluating, analyzing, projecting income and negotiating music publishing catalogue acquisitions as well as songwriter, co-publishing, participation, administration, subpublishing and joint venture agreements. He has negotiated more than 1,000 movie, television, video, new technology and advertising commercial agreements for chart writers,writer-recording artists and writer-producers.Todd Brabec as Executive Vice President and Worldwide Director of Membership for ASCAP (the American Society of Composers, Authors and Publishers - the world’s largest music licensing organization) for well over 3 decades, was in charge of all ASCAP Membership operations throughout the world with offices in Los Angeles, New York, Nashville, London, Miami, Chicago and Puerto Rico, all writer and publisher payment formula recommendations, changes and implementation, all advances, loans and other member financial arrangements, all competitive payments and systems analysis and was responsible for signing most of ASCAP’s successful songwriters and writer/artists including James Taylor, Marvin Gaye, Metallica, Green Day, Smokey Robinson, Joni Mitchell, Neil Young, Journey, the Jimi Hendrix catalogue, Earth, Wind & Fire, Bob McDill, Jeff Lynne, Tom Petty, Sting, Marc Anthony, ZZ Top, Motley Crue, Billy Joel, Donna Summer, Foreigner, Bryan Adams, Steely Dan and Jimmy Jam and Terry Lewis as well as the blockbuster film and television composers James Horner("Avatar" and "Titanic"-the 2 top grossing films of all time), Alan Silvestri ("Marvel's The Avengers"), Hans Zimmer ( “Pirates of the Caribbean” films), James Newton Howard (“Dark Knight”), Michael Giacchino (“Up”, “Medal of Honor” video games) and Randy Newman ("Toy Story" films), among many others.Brad Cohen is a partner in the Century City office of Jeffer Mangels Butler & Mitchell, LLP. Brad's practice emphasizes business planning related to complex corporate and partnership transactions, including mergers and acquisitions, financing and business succession planning, income tax planning, and estate tax planning, all on an integrated basis. Brad is best known for his business and tax advice related to the motion picture, television, music, emerging media and sports industries. One of the focuses of his practice is coordinating the relationships among the entertainment, advertising and nonprofit industries. He has incorporated his personal commitment to philanthropy into a key element of his legal practice, providing multi-faceted counsel to clients regarding their involvement in charitable endeavors, including developing strategic plans, outlining the associated tax benefits and identifying the appropriate corporate brands and sponsorships. Brad acted as principal counsel representing the lead donor who financed the acquisition, delivery and permanent exhibition of the Space Shuttle Endeavour located at the California Science Center in Los Angeles. He also advises clients on tax controversy, executive compensation (including deferred compensation) and tax aspects of marital settlement negotiations. He currently represents a production icon in the creation and operation of the Compton Performing Arts Center. Brad was also a lobbyist before the United States Congress for the Tax Reform Research Group. Peter J. Dekom practices law in Los Angeles. Mr. Dekom is currently Vice-Chairman of Dick Cook Studios, partnered with former Walt Disney Studios Chairman, Richard Cook. He was formerly "of counsel" with Weissmann Wolff Bergman Coleman Grodin & Evall and a partner in the firm of Bloom, Dekom, Hergott and Cook. Mr. Dekom's clients include or have included such Hollywood notables as George Lucas, Paul Haggis, Keenen Ivory Wayans, John Travolta, Ron Howard, Rob Reiner, Andy Davis, Robert Towne and Larry Gordon among many others, as well as corporate clients such as Sears, Roebuck and Co., Pacific Telesis and Japan Victor Corporation (JVC). He has been listed in Forbes among the top 100 lawyers in the United States and in Premiere Magazine as one of the 50 most powerful people in Hollywood.Mr. Dekom has been a management/marketing consultant, and entrepreneur in the fields of entertainment, Internet, and telecommunications. As a consultant to the state of New Mexico for almost a decade, he was instrumental in creating, writing and implementing legislation to encourage film and television production in the state and supervised the film loan program portion of that incentive structure until the spring of 2011. Hailey Ferber, Senior Vice President of Business and Legal Affairs at The Araca Group, a renowned theatrical production and brand management company, came to work in the theater industry after studying with Manny Azenberg at Duke University. Prior to joining The Araca Group, she was an Associate at Levine Plotkin & Menin, LLP where she was a production attorney for the Broadway shows Hamilton: An American Musical, It's Only A Play, Something Rotten!, and On Your Feet!, among others. For more on Hailey Ferber please visit www.araca.com.Steve Monas is an experienced lawyer and executive with over thirty years in the entertainment industry, He founded Business Affairs, Inc. in July of 1999. Since that time, Mr. Monas and the attorneys of BAI have built a client list of many of the most respected names in the independent motion picture and television industries. He has represented producers, distributors, bond companies, sales agents, and financiers in every aspect of the entertainment business. He is a frequent lecturer, moderator, and panelist at seminars on the entertainment industry. Before founding BAI, he served as Executive Vice President and head of Business Affairs for MDP Worldwide, President of Vision International, Vice President of Business Affairs with Vestron Pictures, and as an associate with New York law firms Frankfurt Garbus Klein & Selz, Pavia & Harcourt, and Brown & Wood.
Shane Nix of the Venable Law Firm (Century City, Los Angeles, California office) counsels companies and individuals on various business transactions with an emphasis on transactional tax matters relating to the acquisition, disposition and restructuring of businesses, corporations and partnerships. Mr. Nix has a broad range of experience in corporate, international and partnership taxation. At Venable, Mr. Nix advises clients in many different industries, including technology, real estate, hospitality, media and entertainment with significant experience advising actors, actresses, musicians, producers, directors and financiers on a wide range of individual, corporate, and partnership tax issues specific to the entertainment industry. Mr. Nix also has significant experience advising executives in connection with equity compensation matters. Prior to joining Venable, Mr. Nix was an associate tax attorney at a global American Lawyer 100 firm in Silicon Valley where he represented both sell-side and buy-side clients in M&A transactions and advised technology and media companies with respect to choice of entity formation and various tax matters.Henry Root is a partner in the entertainment media law firm of Lapidus, Root, Franklin & Sacharow, LLP in Santa Monica, California. He has over 30 years of legal and business affairs experience in the music, television and media industries. Mr. Root has represented recording artists signed to every major label as well as award-winning songwriters and producers, independent music publishers, record labels and the producers principal cast members of several TV series. He has also overseen business and legal affairs for the delivery of programming to every major network as well as for distribution on the Internet. Gail Ross is a partner at Trister, Ross, Schadler & Gold, PLLC in Washington DC where she has focused on the legal aspects of publishing and media law for the last 25 years. She writes and lectures frequently on publishing issues. She teaches CLE courses on publishing law for the D.C. Bar and the Practicing Law Institute. Gail Ross is the author of The Writer’s Lawyer (Times Books, 1989). She has also been named numerous times as one of the Best Lawyers in America and Washingtonian’s Best Lawyers for entertainment law. She is also the president of the Ross Yoon Agency, representing important commercial nonfiction in a variety of areas. Ross Yoon clients include top doctors, CEOs, prize-winning journalists, historians, and experts in a variety of fields. She and her team work closely with their authors and have earned a reputation in the industry for providing rigorous, enthusiastic editorial guidance at all stages of the publishing process. In the last year alone, close to a dozen of her books have been New York Times bestsellers.Greg Snodgrass is an in-house attorney at Universal Pictures, where he drafts and negotiates above-the-line motion picture development and production agreements. Prior to joining the studio, Greg was an attorney at the transactional entertainment law firm Business Affairs, Inc., where he represented studios, financiers and producers and negotiated and drafted agreements relating to every step of the motion picture development, financing, production and distribution process. He also reviewed and resolved complex chain of title histories and handled various music licensing issues on behalf of the firm's clients. He is a graduate from the University of North Carolina at Chapel Hill and the Indiana University- Bloomington School of Law.
Victoria Traube is Senior Vice President/Business Affairs and General Counsel of Concord Music Publishing, with responsibility for the business and legal affairs of The Rodgers & Hammerstein Organization, Boosey & Hawkes in New York and Imagem Music in New York. She was previously Vice President and Head of New York Motion Picture and Theatre Business Affairs for International Creative Management, Inc., where she worked with Sam Cohn. Before that she was Senior Counsel and Director of Business Affairs for Home Box Office, Inc. and an associate at the New York law firm of Paul Weiss Rifkind Wharton & Garrison. She is a Trustee of The God Bless America Fund. She served as Theatre Chair of the American Bar Association’s Forum on the Sports and Entertainment Industries and Chair of the Entertainment Law Committee of the Association of The Bar of The City of New York. She is a graduate of the University of Pennsylvania Law School, where she was a member of The Law Review, and Radcliffe College. For more on Victoria and her company, please visit http://concord.com/music-publishing/
Roger J. Williams founded RW Law in Munich, Germany, to expand his entertainment and media practice after working for over ten years in two top-ranked international law firms. He focuses on film development, finance, production and distribution, including copyright matters. Mr. Williams is an executive producer of Z for Zachariah, a Craig Zobel film starring Chris Pine, Margot Robbie and Chiwetel Ejiofor. He brings his clients a depth of project management know-how from his significant capital markets, leveraged finance and cross border M&A experience. Mr. Williams has lectured multiple times at Bucerius Law School, Hamburg, and is published in the Virginia Law & Business Review as well as in the Virginia Tax Review. At the University of Virginia School of Law he served as Articles Review Editor for both the Virginia Tax Review and the Virginia Journal of International Law, two of the world’s most acclaimed and influential law journals in their respective fields
Justin B. Wineburgh is the President and CEO of Alkemy X, a creative media company with more than 250 employees and contractors located in Philadelphia and New York City. From traditional commercials to original content to social/digital campaigns, Alkemy X produces content for all platforms, working with brand, advertising and entertainment clients. Clients include HBO, Nickelodeon, AMC, TruTV, FOX, CBS, ABC, Food Network, Discovery Channel, MTV, and National Geographic, among many others. Under Wineburgh’s leadership, Alkemy X developed and implemented a strategic vision, which has led to significant year over year company-wide growth.
The Essential Guide to Entertainment Law is just that – and is worth its weight in gold. – Gay Frederickson, Film Educator and a Producer of Godfather II, Apocalyse Now, and The Outsiders
Be assured this two-volume series on the practice of entertainment industry law – comprising as it does an impressively deep survey of (i) dealmaking strategies, custom and practice and (ii) intellectual property law and other formal legal essentials, is a magnificent assemblage that can benefit anyone engaged in the industry, from neophyte to seasoned entertainment professional. Read what you care about in these volumes, in any order and level of depth you please, and you can’t go wrong. Treat these books as the basis of a mini-course in entertainment law and deal-making, or use them as a frequent reference source to get a handle on some or all of the wide range of entertainment law subjects covered here –most of which I assure you will arise on a recurring basis in your professional practice or careers in Entertainment.
– Peter Dekom, noted attorney, author, lecturer and founding partner of Pollock Bloom, Dekom, (Los Angeles); clients have included George Lucas, Keenen Ivory Wayans, John Travolta, Ron Howard, Paul Haggis, Andy Davis, Sears and JVC; former Board Member of Imagine Entertainment.
... so well-written and so full of practical insights and useful tips that even after my own 30 years in the business, I find it exceptionally enlightening and engaging. I can only imagine how incredibly helpful it'll be for anyone at the beginning of an entertainment career or looking to break into this area. – Marla Levine, General Counsel and Head of Business Affairs Revolution Studios, Co-Producer: XXX3–The Return of Xander Cage
An impressive distillation of case law, statutes, contracts and concepts central to entertainment industry business and legal transactions. –Vance Van Petten, National Executive Director/COO, the Producers Guild of America
I am a mediator and arbitrator in the entertainment industry (following a long career as an entertainment attorney and studio/network business affairs executive). Having a thorough understanding of both basic law and deal-making custom and practice in this industry is essential to my work. The Essential Guide to Entertainment Law delivers on both – and I suspect that if more lawyers, executives, entrepreneurs and artists in the entertainment industry familiarized themselves with EG2EL before entering into their contracts, it could lighten my case load.
– Fred Kuperberg, Managing Partner, Schuyler Road Advisors, and former EVP and General Counsel, Disney/ABC Cable Networks Group
A thorough and engagingly readable guide for current or future legal practitioners and executives alike...or anyone interested in the intricacies of motion picture distribution agreements. In particular, Steve Monas' excellent chapter on Motion Picture Distribution is a lively and illuminating mixture of comprehensive substance and insightful anecdotes all mined from Steve's wealth of professional experience. – Adam Platnick, former President New Regency Productions and Mandalay Pictures
This is must-read material from an entertainment industry insider, and will provide an in-depth look into non-scripted (reality) television production.
–Hayden Meyer, Board Member, Partner and Head of Alternative & Factual Programming, Agency for the Performing Arts
The intricacies and details of the legal aspects of theater are skillfully and precisely outlined in this book. It's not an easy task, and the authors spell everything out so clearly that even this non-lawyer can understand it all! I was very impressed by how easily things are explained, and I can think of no better guide to help anyone through every step needed in producing for the theater. –Theodore S. Chapin, President, Rodgers & Hammerstein: An Imagem Company
Ken Basin has given us a great primer in the nuts and bolts of the rapidly evolving television business – told with insight, brevity, and wit. Basin's experience on both sides of the buyer/seller equation really shows through, and makes this book a valuable tool for anyone who wants to understand the business side of the shows we love to watch.
– Dan Scharf, Amazon Studios, Head of Business Affairs
Steve Monas's knowledge of motion picture distribution is second to none. Anyone looking to break into this area of our business should read his chapter on Motion Picture Distribution. It is both concise and complete. A must-read.
– Mark Damon, CEO Foresight Unlimited, Producer: Monster, Lone Survivor, Das Boot