When a Business Uses Music: When are Music Licenses Needed and What Legal Issues Should be Considered?

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, January 11, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will guide business attorneys on determining when their clients need music licenses for the use of music by any of their clients. The panel will discuss how any business may need to obtain licenses when they use music in events (including virtual events), commercials, websites, podcasts, and advertising. The discussion will identify when licenses are needed, where to obtain licenses for different uses, critical terms, royalty rates, and fees. Also, the panel will look at current areas of controversy and recent court decisions.
Faculty

Mr. Monath’s practice focuses on the protection and development of intellectual property. He handles legal and business matters involving copyrights, trademarks, trade secrets and related areas for a wide range of clients in music, publishing, arts, entertainment, business, healthcare, education, government and nonprofit organizations. Mr. Monath has developed a particular reputation for his work in publishing and media. He presently acts as music publishing administrator for Tony Award winner Billy Porter, Grammy nominated arranger and music director, Joseph Joubert, ASCAP Concert Music Award recipient Joseph Jennings and 60 Minutes-profiled British composer John Rutter. Rob also represents a number of publishers and producers.

Mr. Oxenford has represented broadcasters for over 35 years on a wide array of matters from the negotiation and structuring of station purchase and sale agreements to regulatory matters. He also represents webcasters and other digital media companies on copyright, music licensing, and other business and regulatory issues. His clients range from family-owned broadcasters to active mid-market venture-backed companies to one of the largest noncommercial radio licensees in the country.
Description
Every day, music is used in myriad ways, such as commercial advertising, movies, podcasts, video games, and physical venues such as restaurants, bars, and nightclubs. In each instance, those who use music have the legal obligation to seek and secure permission from the owners of the music or their legal representatives.
Performing rights organizations (PROs), such as ASCAP and BMI, offer licenses entitling users to perform or play music publicly. But some uses of music require different or other kinds of consent, such as "sync" licenses for the use of songs in audiovisual works and "master use" licenses for the right to use original recordings. Failure to secure the correct permissions for music could come at a high cost. Counsel must understand how licensing works in various current and evolving music formats, such as YouTube, VOD services, podcasts, virtual meetings, and many more.
Listen as our authoritative panel examines licensing strategies and negotiations in the world of music licensing. The panel will explore how licenses are structured, royalty rates, and the impact of digital music use, including podcasting and streaming. The panel will discuss recent court decisions and the lessons from those decisions.
Outline
- Basics of music copyrights
- What music uses need a license?
- Where do you go to get a license?
- Licensing negotiations and structuring contracts
- Royalty rates
- Impact of digital music uses, including streaming and podcasting
- Recent court decisions and lessons from those decisions
Benefits
The panel will review these and other high priority issues:
- What terms are critical to music licensing agreements?
- How has digital music use increased the complexity of music licensing?
- What are the best practices for counsel for licensors and licensees when negotiating music licenses?
- What strategies should IP counsel employ to enforce IP rights in the music?
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