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Counseling Clients in the Entertainment Industry 2013 - Sound Recordings; Music Publishing

Speaker(s): Ann Sweeney, Howard Siegel, Julie Swidler, Kenneth M. Kaufman, Linda A. Newmark, Nicholas C. Ferrara
Recorded on: Mar. 5, 2013
PLI Program #: 42040

Kenneth M. Kaufman is Senior Counsel in Moses & Singer's Intellectual Property, Internet & Technology and Entertainment & Sports practice groups. He provides clients with a unique perspective gained from his experience as outside counsel, in-house general counsel, and educator. 

His practice focuses on copyright, entertainment and media law, Internet and technology law, content and music licensing, digital media, and sports law. He has represented a wide range of clients in the entertainment, arts, online, computer and communications fields, including television networks and producers, international media and publishing companies, music publishers, digital media and technology companies, private equity firms, telecommunications companies, photographers, visual artists, performing arts venues, copyright licensing companies, a major regional sports network, Broadway theater producers, foundations, composers, recording artists and authors. 

Ken is a recognized authority in the fields of copyright and entertainment law. He has been named the Washington, D.C. Copyright Law “Lawyer of the Year” by The Best Lawyers in America (where he has been listed in the practice areas of copyright law, entertainment law-music, entertainment law-motion pictures and television, and litigation-intellectual property). He has also been recognized by Who’s Who Legal (International), Washington, D.C. Super Lawyers, Chambers USA: America’s Leading Lawyers for Business, Washingtonian Magazine’s Best Lawyers, and Legal Times, and is an AV® Preeminent™ Rated lawyer according to Martindale-Hubbell. 

Ken has extensive experience as both in-house and outside counsel in the entertainment and communications industries. Prior to joining the firm, he was Senior Counsel at Springut Law PC; a Partner and Senior Counsel in the Washington, D.C. office of Manatt, Phelps & Phillips, LLP; and a Partner in the Washington, D.C. office of Skadden, Arps, Slate, Meagher & Flom LLP. Previously, he served as Senior Vice President, General Counsel of Showtime Networks Inc. in New York; as Senior Vice President, Corporate Affairs and General Counsel of PolyGram Records, Inc. in New York; and as General Counsel of The John F. Kennedy Center for the Performing Arts in Washington, D.C. In two of those positions, he was the first in-house attorney and organized the in-house legal department. Previously, he served as Assistant Counsel of a U.S. Senate Judiciary Subcommittee and as Law Clerk to Judge Warren J. Ferguson of the U.S. District Court for the Central District of California. 

In addition to his law practice, Ken has served as a Visiting Lecturer at Yale Law School, where he taught a course on “Music and the Law” for several years; and as a Professorial Lecturer in Law at George Washington University Law School, where he taught a course on copyright law. He has recently been an Advanced Leadership Initiative Fellow at Harvard University, where he has helped to prepare case studies 

of the digital music industry at the Business School, served as a law and media advisor in the College, and spoken on coalition building in education for gender equality at a Harvard conference on education. 

Ken is a frequent speaker and author on copyright, entertainment law, and issues involving the convergence of the entertainment, communications and technology fields. He has chaired programs and spoken at legal and industry conferences for the Practising Law Institute, the American Bar Association, the District of Columbia Bar, the Stanford Center for the Digital Economy, the Howard University Intellectual Property Law Seminar, the New York State Bar Association, the American Intellectual Property Law Association, the National Association of Broadcasters, the Recording Academy, and the South by Southwest Music Conference, among others. For many years, Ken has co-chaired the annual PLI conference on Counseling Clients in the Entertainment Industry and has spoken on copyright and content licensing at the annual PLI conference on Advanced Licensing Agreements. 

He currently serves on the Governing Committee of the ABA’s Forum on the Entertainment and Sports Industries, on the Planning Committee for the annual Stanford Digital Economy Best Practices Conference, and as President of the Board of the Directors of the Lowell House Opera (the oldest opera company currently performing in New England). He is a member of the Board of Directors of Washington Area Lawyers for the Arts and has served as a Trustee and Chair of the Washington, D.C. Chapter of the Copyright Society of the U.S.A. Ken is also a composer who has been a member of the BMI Musical Theatre Workshop and the ASCAP Pop Songwriters Workshop and who wrote a string quartet that was performed at Harvard University in 2019. 

Ann Sweeney is Executive Vice President, Digital Strategy & Policy, for Warner/Chappell Music, where she focuses on worldwide digital revenue and policy, US legislative and industry matters, and global corporate strategy and business development.  She has been at Warner Music since 2007, and spent two of those years managing the sale of Warner Music Group in 2010.  

Prior to joining the Warner Music family, Sweeney served for seven years as Senior VP, Legal and Business Affairs, at Sony/ATV Music Publishing, where she oversaw global legal matters and coordinated the acquisition of catalogs  such as Leiber & Stoller, Famous Music, and Acuff-Rose. Ann’s previous jobs at Sony Music include VP of New Technology and Business Development, and VP in the Sony Music Law Department.  Before joining Sony, Ann was Director of Business Affairs at Chrysalis Music, and her first music industry job was in a firm which was outside corporate counsel to SBK Entertainment, where she supported the sale of SBK to EMI Music Publishing.   Sweeney began her legal career in the corporate department of New York City’s Lane & Mittendorf.

Sweeney is a board member of The Harry Fox Agency, and serves on its Finance Committee.  She is a member of the NMPA Negotiating Committee and the NMPA Legal Committee.   She earned her B.A. from the University of Vermont, and her J.D. from New York University School of Law.

Julie Swidler is Executive Vice President, Business Affairs and General Counsel for Sony Music Entertainment, where she oversees business, legal and governmental affairs for the company globally.

Julie has been a multiple recipient of Billboard’s Top Women in Music honor, Billboard’s Power 100 in Music list, and honored by the ELI Grammy Foundation and at the T.J. Martell Foundation’s New York Honors.  She serves on the board of the T.J. Martell Foundation, Board of Trustees of Union College, and is a frequent speaker on Entertainment Industry issues. 

Julie started her career in the music business in 1988 at PolyGram Records as Senior Attorney, rising to Assistant General Counsel and Vice President-Assistant General Counsel, North America, and Head of Business Affairs for Mercury Records before leaving to join Clive Davis at Arista and later J Records. 

Julie holds a B.A. in Political Science from Union College and a J.D. from Cardozo Law School, where she was a member of the Cardozo Law review.  She is married with three children and resides in New York City.        

Linda A. Newmark is Executive Vice President – Head of Acquisitions and Strategic Projects for Universal Music Publishing Group.  Linda obtains opportunities for Universal Music Publishing Group to acquire rights to musical compositions and music publishing catalogues, evaluates and negotiates acquisition, administration and subpublishing agreements, and promotes the general business development of the company.  Linda is based in Universal Music Publishing Group’s Los Angeles offices.

Before joining Universal, Linda was Vice President, Business Affairs for PolyGram Music Publishing and handled the drafting and negotiation of songwriter and co-publishing agreements, as well as other legal and business affairs matters for PolyGram.  Previously, Linda was a music attorney with the law firm of Cooper, Epstein & Hurewitz in Beverly Hills.  She received her law degree from Stanford Law School.

Linda serves on the Music and Entertainment Industry Executive Committee for the City of Hope Medical Center, and is a member of the Board of Directors of the Association of Independent Music Publishers (AIMP).  Linda is also a member of the Board of Managers of Associated Production Music LLC (APM), and the Board of Managers of The Leonard Bernstein Music Publishing Company, LLC, and was a member of the Board of Visitors of Stanford Law School (2007 - 2010).  Linda has been recognized in Billboard’s Women in Music feature as one of the top 25 female executives in the music industry (2009 – 2013).

Howard Siegel is a senior partner in Pryor Cashman's Entertainment Group. He has more than 40 years experience in representing clients in all aspects of the entertainment business, with a particular emphasis on the music industry, during which time he has served as counsel to many of the industry’s most prominent recording artists, songwriters, producers, managers, and executives.

Mr. Siegel has also been involved in a number of music publishing company sales and acquisitions, as well as having advised on a variety of transactions involving the sale and purchase of master recordings and other entertainment-related assets.

Mr. Siegel is the former Chair of the Section on Entertainment, Arts and Sports Law of the New York State Bar Association, former Chair of the New York State Bar Association Committee on the Music and Recording Industry, and an Associate Member of the National Academy of Recording Arts and Sciences.

Mr. Siegel is a frequent lecturer for the Practicing Law Institute and serves as Co-Chair of PLI’s Counseling Clients in the Entertainment Industry. He is also a speaker for the New York Law Journal Seminar Press and the Continuing Legal Education Seminars of the New York State Bar Association. Mr. Siegel served as judicial clerk at the New York State Court of Appeals from 1970 to 1972. He is an adjunct Professor of Law at Fordham Law School and a member of the Editorial Board of Entertainment Law and Finance and of Multimedia Web Strategist, as well as the Editor-in-Chief of the nationally distributed book Entertainment Law, currently in its fourth edition, and author of several articles dealing with the entertainment, music and copyright practice.

Every year since 2007, Mr. Siegel has been designated as one of the “Super Lawyers” – a ranking of the top 5% of all attorneys in the New York Metropolitan area. He also has been recognized by The Hollywood Reporter as one of the top 100 “Power Lawyers” in the entertainment industry as well as being named one of the "Top Media and Entertainment Lawyers" by Chambers USA for several years.

Mr. Siegel is a member of the New York, Nevada and California Bars and a summa cum laude graduate of Syracuse University College of Law where he was Order of the Coif, Editor-in-Chief of the Syracuse Law Review (1970) and a member of the Moot Court Board (1969-70).

Since his undergraduate days at New York University in the early 1980's, Nicholas Ferrara has been actively involved in the music industry.  Nick cites fellow NYU classmate Jason Flom (founder of Lava Records and former CEO of Atlantic Records} as being instrumental in Nick's initial entree into the business.

After earning his Juris Doctor from Fordham Law School in 1986, Nick practiced entertainment law and corporate litigation for three years. On the strength of relationships dating back to his college days, in 1989, Nick joined Atlantic Record's A&R staff. In 1992, Nick partnered with Joseph Lloyd Serling and Wayne Rooks in the new firm of Serling Rooks & Ferrara LLP. Over the next two decades, the firm grew in both size and stature becoming one of the industry's most prominent full service music business law firms.

In 2014, Nick relocated his practice to Nashville, Tennessee. Eager to embrace new challenges, in 2015 Nick and Robert "Riff' Pisarek founded Nicholas C. Ferrara & Associates PPLC.