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
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Thursday, June 5, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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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.
Mr. Munkittrick is a litigator and trial attorney. His practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal. He advises music, publishing, medical device, sports, and technology clients in navigating complex copyright issues and compliance. He has represented some of the most recognized names in entertainment, including Sony Music Entertainment, Lady Gaga, U2, Madonna, Daft Punk, RCA Records, BMG Music Publishing, Live Nation, the National Academy of Recording Arts and Sciences, Universal Music Group and Warner/Chappell. Mr. Munkittrick has also been involved in some of the most significant antitrust matters over the past few years, obtaining favorable results for Fortune 500 companies and other clients in bench and jury trials involving price discrimination and group boycott claims. His practice includes the full range of antitrust matters and disputes: from class actions to competitor suits and merger review. Mr. Munkittrick frequently speaks on antitrust and copyright issues, and has authored or co-authored numerous articles and treatise chapters,
Mr. Greenstein’s practice focuses on intellectual property, licensing, and commercial transactions, with specialized expertise in the digital exploitation of IP. He regularly represents companies in transactions with record labels, music publishers, and program suppliers. Mr. Greenstein advises companies on complex IP matters, IPOs, M&A transactions, audits, litigation, arbitration, legislative matters, and before federal agencies. He also frequently assists companies in the development of new business models and disruptive technologies and services. In addition, Mr. Greenstein advises investors on due diligence in the digital media area and companies in all stages of their development cycle. Prior to joining the firm, he served as the first general counsel at SoundExchange, Inc., the sole entity designated by the Copyright Royalty Board to collect and distribute statutory performance royalties for sound recordings. Mr. Greenstein previously was the vice president of business and legal affairs at the Recording Industry Association of America. In this role, he negotiated and drafted licensing agreements for webcasters and satellite radio services, managed complex arbitrations before Copyright Arbitration Royalty Panels, and prepared proposed legislation, regulations, and congressional testimony.
Mr. Bienstock, attorney, and musician, joined the firm after running his successful boutique entertainment and intellectual property law firm, Bienstock & Michael, LLC, for 30 years. A corporate, entertainment, and intellectual property practitioner, he represents various businesses as well as music instrument manufacturers and songwriters, producers, recording artists, and musicians. Mr. Bienstock is an adjunct professor at NYU has been a guest lecturer for music business programs at Ithaca College, the Alaska Bar Association, USC Thornton School of Music, Benjamin N. Cardozo School of Law, Seton Hall Law School, William Paterson University, Rutgers Law School, Berklee College of Music, Chicago Kent College of Law, Sabian / Sen, NAMM and many other schools and organizations.
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 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.
- 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
- Distribution methodologies and implications
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 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?
