Friday, May 29, 2020

1:00 PM-4:10 PM

Online
  • Government/Non-Profit Member $25.00
  • Judge Member $0.00
  • LBA Solo Section $25.00
  • LBA YLS Member $25.00
  • Member $75.00
  • Non-Member $480.00
  • Paralegal Member $25.00
  • Sustaining Member $75.00

May 28, 2020 11:00 PM

The Essentials of Music Copyright Law covers the basics of music copyright law. The course goes over the fundamentals before you can fully understand the revenue sources and exclusive rights you get with a song. Attendees will learn why it is important bands have operating agreements and what should be in those. Attendees will learn what is a copyright, including how to establish and register a copyright for your music. You will learn all the copyrights in a song, and all the intellectual property can generate. Lastly, we will discuss joint authorship and works-made-for-hire, all following the career and discography of The Rolling Stones. The ethics portion of the CLE focuses in on the unique issues faced when representing an organization as a client with it is a rock band.

Agenda: 

12:45 PM                                Registration

1:00 PM – 1:20 PM               What is a Copyright and the Two Copyrights That Pertain to Music
Learn all the intellectual property a band creates in addition to music; we will discuss what is and is not copyrightable, along with the two copyrights in every song, how long they last, how to establish your copyright and why it is important to register your copyrights

1:20 PM – 1:40 PM               Copyright Registration, Duration, and Publishing
Learn about the corporate and tax implications of forming a band, along with what should be in a band’s operating agreement

1:40 PM – 2:00 PM                The Exclusive Rights

2:00 PM – 2:05 PM                Break

The Top 10 Music Copyright Cases of All Time

2:05 PM – 2:10 PM                Burden of Proof and Defenses

2:10 PM – 2:15 PM                Damages

2:15 PM – 3:05 PM                Cases

10. VMG Salsoul, LLC v. Ciccone, 824 F.3d 871 (9th Cir., 2016), or “Ohh I Love It (Love Break) by the Salsoul Orchestra and Shep Pettibine v. “Vogue” by Madonna

9. Marcus Gray v. Katy Perry, Case No. 2-15-CV-05642-CAS(JCx) (US Dist Ct., Cen.Dist. CA, Western Division), or “Joyful Noise” by Marcus Gray v. “Dark Horse” by Katy Perry

8. Tom Petty v. Sam Smith or “I Won’t Back Down” by Tom Petty v. “Stay With Me” by Sam Smith; no case filed—settled out of court

7. Three Boys Music Corp. v. Bolton, 1996 U.S. Dist. Lexis 22960 (C.D. CA 1996) aff’d 212 F.3d 477 (9th Cir. 2000), or “Love Is A Wonderful Thing” by the Isley Brothers v. “Love Is A Wonderful Thing” by Michael Bolton

6. The Rolling Stones v. The Verve or “The Last Time” by The Stones v. “Bittersweet Symphony” by The Verve—no case filed—settled out of court.

5. Selle v. Brothers Gibb, 567 F.Supp. 1173 (N.Ill 1983) aff’d 741 F.2d 896 (7th Cir. 1984), or “Let It End” by Ronald Selle v. “How Deep Is Your Love” by the Bee Gees

4. Fantasy, Inc. v. John C. Fogerty, 1995 U.S. Dist. Lexis 6197, aff’d 984 F.2d 1524 (9th Cir. 1993), or “Run Through the Jungle” by Creedence Clearwater Revival v. “The Old Man Down the Road” by John Fogerty

3. Robin Thicke, Pharrell William Williams v. Gaye Estate, Case No. CV13-6004 (Cent. Dist. CA); affirmed 885 F.3d 1150 (9th Cir. 2018); see also 895 F.3d 1106 (9th Cir. 2018), or “Blurred Lines” by Robin Thicke v. “Got To Give It Up” by Marvin Gaye

2. Randy Craig Wolfe Trust v. Led Zeppelin (and a host of others), 905 F.3d 1116 (9th Cir. 2018), or “Taurus” by Spirit v. “Stairway to Heaven” by Led Zeppelin

1. Bright Tunes Music Corp. v. Harrisongs Music Ltd., 420 F.Supp. 177 (S.N.Y. 1976), or “He’s So Fine” by the Chiffons v. “My Sweet Lord” by George Harrison; See also ABKCO Music, Inc. v. Harrissongs Music Ltd., 722 F.2d 988 (2d Cir. 1983)

3:05 PM – 3:10 PM           Break   

THE ETHICAL ISSUES IN REPRESENTING THE BEATLES
The Ethical Issues in representing an organization as a client with The Beatles as a case study

  • The legal framework of a band, The Beatles record label, management deal, and publishing structure
  • The death of Brian Epstein and the formation of Apple Corps; The Beatles corporate structure MRPC 1.13, 1.14
  • 1969-70: the Band splinters, battle over publishing, and management conflicts MRPC 1.7, 2.1 3:34-3:46
  • The dissolution of The Beatles and their post-Beatles careers MRPC 1.13 3:46-3:58
  • The “My Sweet Lord Case” and breach of fiduciary duty

4:10 PM                                 Adjourn     

Speaker: Jim Jesse, Rock N Roll Law

Jim Jesse is the founder of Rock N' Roll Law, and his passion is spreading music law through continuing legal education.

Prior to starting Rock N' Roll Law, Jim was the General Counsel for Cool Music Network (THE COOL TV), a 24-hour-a-day music video television network. He has been licensed as an attorney for 25 years and has been a full-time Music Law presenter since 2013.

‍Jim is also a singer/songwriter who has released two albums: Down on the South Side and Better Late Than Never.  He is a member of BMI and has run his own record label distributing his music. He has written songs for more than 30 years and has more than 200 songs he has never released. In addition to studying the law, Jim is music history buff.

Jim is the author of The Music Copyright Law Manual and The Musician’s Guide to Music Copyright Law.  Jim consults and practices in areas regarding intellectual property, licensing and music law.

All handout materials are via electronic download. Paper copy may be purchased for an additional cost.

Cancellation Policy: All cancellations must be received by the LBA 24 hours in advance to receive a credit or refund. Substitutes will be allowed.

 

Credit Status: Approved
  • General (2)
  • Ethics (1)
  • Jim Jesse