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2022 Panel Agenda

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8:00 AM Breakfast: Generously Provided by: City National Bank

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8:45 AM Welcome Remarks & Overview of the Day

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9:00 AM Re-Examining the Artist’s Bargaining Power in Entertainment Agreements

Throughout the digital/streaming era of music the institutional stakeholders of the industry have consistently increased what they “ask” of performing artists when bargaining over key agreements.  This discussion will seek to illuminate the factors animating this trend; to compare the bargaining power of artists in this generation to that of artists from previous generations; to analyze specific rights that were previously considered inviolable but are now customarily conceded by artists in exchange for greater “artist support”; and, to evaluate whether this shift works to the benefit or detriment of individual artists and the industry at large.

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Moderator:

Hector Baldonado, Principal Attorney, The Baldonado Group, P.C.

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Speakers:

Mel Carter, Second Estate Records

Heath Kudler, Kudler Law, P.C.

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10:00 AM Policy Shifts and their Ripple Effects

In the past year there were a number of significant developments to music-related policies and commercial standards. Why do these changes matter and what will be their economic and business impact?  This panel will analyze these recent developments and their potential effects on monetization, legal agreements, and business practices.  Topics will include the increase in the statutory mechanical royalty rate, the Free Artists from Industry Restrictions bill pending in California, the implementation of Article 17 in Europe, the proposed SMART Act, major labels forgiving unrecouped royalty balances for legacy artists, and BMG's removal of controlled composition clauses.

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Moderator:

Monika A. Tashman, Partner, Manatt, Phelps & Phillips, LLP

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Speakers:

Serona Elton, Head of Educational Partnerships, The Mechanical Licensing Collective (The MLC)

Elliot Groffman, Partner, Carroll Guido Groffman Cohen Bar & Karalian, LLP

Jason Munro, Senior Director, Business & Legal Affairs, BMG Rights Management

Sharon Tapper, Executive Director, MMF-US

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11:00 AM "Come on Now Follow My Lead"?  Lessons from U.S. and U.K. Music Litigations

In this program, you will hear from counsel at the forefront of music cases on both sides of the pond.  Panelists include those who successfully represented Ed Sheeran in this year's landmark "Shape of You" case at the English High Court.  Join us as we examine the latest developments and trends in music litigations, and how they may impact legal strategies, risk assessments, enforcement efforts, and deals in today's music space.

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Moderator:

Phil Hill, Attorney, Music Industry Practice, Covington & Burling LLP

 

Speakers:

Jessie Bowhill, IP Junior & Tier 1 Leading Junior for Media & Entertainment, 8 New Square

Simon Goodbody, Partner, Bray & Krais

Christine Lepera, Partner, Mitchell Silberberg & Knupp LLP

Ian Mill, KC, Blackstone Chambers

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12:00 Noon Lunch & A Fireside Chat between Reservoir Founder & CEO Golnar Khosrowshahi & NYU Steinhardt's Larry Miller

Mondo welcomes Reservoir Media CEO Golnar Khosrowshahi, Billboard's Executive of the Year and the first woman to take an independent music company public in the U.S. – one that she founded! In a wide-ranging conversation with Larry Miller, Professor & Director at NYU Steinhardt Department of Music and Performing Arts Professions, we’ll focus on Reservoir's culture as a source of its competitive advantage.

We’ll ask the important questions: How did Reservoir go public and why? How has it dramatically outpaced industry growth and sourced off-market deals against stiff competition? How has it been able to attract, retain and reward employees? And perhaps most interesting of all, what is Reservoir’s client service competitive advantage that has enabled it to outperform larger publishers so that writers (and owners of administered catalogs) don’t want to leave?

We'll touch on the industry-wide issues including the CRB, regulation and consent decrees in music publishing, the most exciting future revenue sources and much more.

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Speakers:

Golnar Khosrowshahi, Founder & CEO, Reservoir

Larry Miller, Clinical Professor & Director, Music Business Program, NYU Steinhardt

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1:00 PM Catalog Deals 2022:  Evolving Models and Shifting Markets

As more catalog acquisitions occur, the marketplace is becoming more sophisticated. Buyers are becoming increasingly aware of previously unknown risks and inefficiencies, which are now being reflected in these transactions.  In addition, the changing economic climate is simultaneously attracting new buyers while affecting pricing as a result of changing interest rates, exchange rates, royalty rates, and more.  This panel will discuss many of these issue in depth form the perspective of experienced principals, attorneys and advisors.

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Moderator:

Michael Poster, Chair of Music Acquisitions & Financing and Partner, Michelman & Robinson LLP

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Speakers:

Tara Finegan, COO, Cutting Edge Group

Cynthia Katz, Partner, Fox Rothschild LLP

Brian Richards, Founder and Managing Partner, Artisan

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2:00 PM NFTs and the Music Industry: Where Are We Now and Where Are We Going?

Is the NFT boom over? Or are we just at the beginning? While the NFT market has been volatile, many in the music industry continue to explore opportunities in this space, looking to leverage NFTs and blockchain technology in innovative ways, from content creation and subscription services, music distribution and promotion, and royalty monetization, to fan driven engagement, ticketing, and digital and physical event access. Still, there remains uncertainty on where litigation may arise, and how regulators will deal with this ever-evolving space. This panel will discuss lessons learned in NFT deal-making since the boom started, where the NFT market may go, and where the major risks are at this point.

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Moderator:

Juliana Moraes Liu, Associate, Covington & Burling LLP

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Speakers:

Adrian Perry, Partner, Co-Chair of Music Industry Practice, Covington & Burling LLP

Katie Witkin, Chief Marketing Officer, EVERYREALM 

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3:00 PM The Changing Landscape of Festivals 

Over the last few years, music festivals have faced a pandemic, major safety matters and more. As a result, music festivals had to quickly pivot to incorporate streaming formats, create new revenue generators, and scrutinize risk and safety measures. This panel will take a look at the changing landscape of music festivals, issues to consider when representing festivals, and recent developments that are here to stay.

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Moderator:

Rebecca Sergay, Vice President, Commercial Counsel and Business Affairs, TIDAL

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Speakers:

Andrew Klein, SVP, Global Partnerships, AEG Presents

Neeta Ragoowansi, Senior Counsel, Legal & Business Affairs, Global Citizen

Janine Small, Principal, Janine Small, PLLC

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4:00 PM Rites of Passage: Licensing Rights for Emerging Platforms

As gaming platforms, the metaverse, new social networks, and other innovative technologies gain prevalence, it is essential that these companies license all required music rights on a global scale and that rightsholders are able to collect the resulting payments. This panel will take a deep dive into the current global licensing landscape, exploring the challenges that technology companies face when launching new platforms and apps, best practices in licensing, opportunities for improvement in the market, direct licensing vs. CMOs, and issues with cross-border royalty collections.

 

Moderator:

Jennifer Newman Sharpe, General Counsel and Head of Business & Legal Affairs, Exceleration Music

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Speakers:

Bryn Boughton, VP of Music, Feed Media Group

Danielle Ely, Director, Digital Legal Affairs, Warner Chappell Music

Rick Marshall, Assistant General Counsel of DSP Relations, The Mechanical Licensing Collective (The MLC)

Evan Parness, AVP, Digital Licensing, BMI

John Raso, Sr. VP, Client Services, HFA

Monika A. Tashman, Partner, Manatt, Phelps & Phillips, LLP