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Technology and Entertainment Convergence 2013: Hot Business and Legal Issues in "Technotainment"


Speaker(s): Brad Prendergast, Christopher R. Lockard, Cydney A. Tune, James G. Gatto, Jeff Brabec, John F. Delaney, Kenneth L. Steinthal, Liisa M. Thomas, Rhonda R. Trotter, Todd Brabec
Recorded on: Sep. 18, 2013
PLI Program #: 44987

Chris Lockard is Corporate Counsel at The Clorox Company, where he advises an array of leading consumer brands including Brita, Glad, Kingsford, Hidden Valley Ranch and Burt's Bees on issues involving their marketing and promotional work on digital and interactive media platforms. He also serves as the company's lead counsel on consumer privacy and data security issues globally, as well as the lead attorney for the Brita business.

Chris regularly advises on and negotiates contracts involving content licensing, talent rights, branded entertainment, sponsorships, integrated marketing campaigns and contests and sweepstakes. His work includes advising marketing and creative services professionals on advertising and promotional activities on social media platforms like Facebook, Twitter and YouTube, the production of commercials, online videos and branded programming, and the creation and hosting of websites, blogs and internal and external social networking environments. 

Prior to joining Clorox, Chris was an associate at Pillsbury Winthrop Shaw Pittman LLP in San Francisco, where he practiced intellectual property and corporate law and advised clients on copyright and trademark licensing, entertainment and publishing projects, digital music and website issues, mergers and acquisitions, corporate governance and private equity transactions. He also spent four years working on public policy issues for a nonprofit organization in Washington, D.C.

Chris currently serves as the Chair of the Copyright Committee of the State Bar of California Intellectual Property Section. He holds a law degree from the University of California, Hastings College of the Law, where he graduated magna cum laude and served as Editor-in-Chief of the Hastings Law Journal. He also received a journalism degree from Northwestern University and a master's degree from The Johns Hopkins University.


Cydney Tune is Senior Counsel at Pillsbury's San Francisco office, and leads the firm's Copyrights practice and Media & Entertainment industry team.  Her practice includes a wide variety of intellectual property issues, including copyrights and trademarks, as well as a broad array of entertainment, licensing, E-Commerce and rights enforcement matters.  She represents a variety of clients—large and small, domestic and foreign, and in many different industries.

The Daily Journal named Ms. Tune one of 2008's Top 10 Copyright Lawyers in California and listed her among California's top "25 licensing specialists" in 2010.  She is regularly voted by her peers as among the Best Lawyers in America in the Entertainment Law and Media Law categories.  She has also been named a “Super Lawyer” in intellectual property.  She is a frequent speaker and author on topics pertaining to intellectual property, licensing and the convergence of entertainment and technology.

Affiliations
- Past Vice Chair, ABA Forum on the Entertainment and Sports Industries, and Immediate Past Chair of the Licensing, Branding and Merchandise Division for that organization
- Past Chair, Copyright Interest Group, State Bar of California IP Section, former Executive Committee member
- Editorial Board, International Entertainment Law Journal
- Advisory Board, Copyright World 
- Advisory Board, Internet Law & Strategy
- Executive Committee and Northern California Chapter Chair, Emeritus, Copyright Society of the U.S.A.


Liisa Thomas is a Partner in Sheppard Mullin’s Chicago and London offices, and Practice Group Leader of its Privacy and Cybersecurity Team.  Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.”  Ms. Thomas is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and external practitioners alike.”  She is known as an industry leader in the privacy and data security space and is consistently recognized by Leading Lawyers Network, Chambers and The Legal 500.  Ms. Thomas was named to Cybersecurity Docket's "Incident Response 30," honoring 30 incident response professionals critical to managing data breaches (in both 2016 and 2018).  Ms. Thomas was recognized as the 2017 Data Protection Lawyer of the Year – USA by Global 100, the 2017 U.S. Data Protection Lawyer of the Year by Finance Monthly, and the “Best in Data Security Law Services” at Corporate LiveWire’s 2017 Global Awards.  She received her J.D. from the University of Chicago in 1996 and is admitted in Illinois and the District of Columbia.


Rhonda Trotter is a partner at Kaye Scholer LLP and a trial lawyer who represents businesses around the country in a variety of commercial disputes, including complex commercial, intellectual property, business torts, breach of contract, false advertising, employment, and product liability matters. She is Co-Head of the Firm's Trademark, Copyright and False Advertising Group.  A music transactional attorney earlier in her career, Rhonda brings her deep knowledge of the entertainment industry to bear in representing clients in that industry in their adversarial disputes.

Rhonda has tried several cases to verdict as "first chair," including a January 2011 jury trial in which she obtained on behalf of the owner of the freecreditreport.com trademark a seven-figure cybersquatting verdict, and successfully defended counterclaims for fraud on the Patent and Trademark Office and antitrust violations.

Rhonda's track record and experience has garnered significant recognition and praise. Notably, in her last jury trial, opposing counsel described her to U.S. News-Best Lawyers "Best Law Firms" 2013 as "an excellent lawyer and professional. She was a worthy adversary and presented her case in a very persuasive manner." Rhonda was recently acknowledged by World Trademark Review 1000 2013 in which clients describe her as "a much-valued counsel who can be relied upon to deliver fantastic results" and who "cultivates longstanding working relationships thanks to her 'well-prepared, accomplished and tough' courtroom performance." She was also named to the Los Angeles Business Journal's "Angelenos to Know in Intellectual Property Law" list?one of 40 Los Angeles County lawyers to be selected for their outstanding achievements in the field. Rhonda has also been recognized as an "IP Star" by Managing IP Handbook 2013.

Rhonda received her J.D. from the University of California at Berkeley (Boalt Hall), where she was Senior Articles Editor of the California Law Review, winner of the McBaine Moot Court Honors Program, and recipient of the Stephen Finney Jamison Award for outstanding scholarship and advocacy. She received her B.A. in Political Science from Stanford University.

Rhonda is a member of the 50th Anniversary Campaign Steering Committee for A Better Chance, Inc., and a former board member of the Los Angeles County Bar Foundation and the Western Center on Law and Poverty.


John Delaney advises clients ranging from startups to FORTUNE 500 companies on licensing, intellectual property and technology-related matters. John’s experience includes negotiating complex IT and business process outsourcing contracts and service level agreements, joint ventures, software and content development agreements and licenses and similar transactions. John routinely advises clients on matters relating to social media, mobile apps, cloud computing, AI, big data analytics, smart contracts, blockchain and other emerging technologies. 

John also assists clients in identifying online liability issues and developing risk-reduction strategies, including in connection with data scraping, online marketing campaigns, user-generated content, voice platforms and interactive products and services.   

In the media space, John has extensive experience with the licensing of music, TV, film and other content for transmitting, streaming or downloading through traditional distribution channels and online platforms. 

In the social media space, John is highly knowledgeable of the rapidly evolving law of social media, social influencers and interactive marketing. He drafts and helps implement social media policies and guidelines, advises on compliance with the Digital Millennium Copyright Act (DMCA) and Communications Decency Act (CDA) safe harbors, and assists with online tracking and issues in connection with corporate blogs, third-party social media platforms and mobile applications.

John is a frequent author, blogger and lecturer on technology and intellectual property law developments.


Ken Steinthal is a partner in the Intellectual Property Practice in King & Spalding's San Francisco office.  He has more than 30 years of experience litigating matters in the IP/media sector, both in jury and bench trial settings and before copyright tribunals in the United States and internationally (where he has earned "rights of audience" to represent his clients). Ken's practice is focused on copyright, DMCA safe-harbor and antitrust/rate-setting cases involving the distribution of audio and audiovisual content, often involving the establishment of structures and rates for the exploitation of musical works and sound recordings in both traditional (e.g., cable, satellite, broadcast) and new media distribution environments.  In the last two years, Ken has led the recent trial and related court proceedings on behalf of Pandora against ASCAP and BMI, which proceedings have resulted in much-publicized Department of Justice investigations of ASCAP/BMI and their consent decrees.  He also is representing NPR in the ongoing "Web IV" proceedings to establish rates and terms for webcasters for the statutory license term 1/1/2016 - 12/31/2020.  And he is also lead counsel defending a group of defendants (Amazon, Microsoft, Apple, eMusic  and The Orchard) in a putative class action alleging systemic failures to clear mechanical rights associated with the sale of downloads in the United States.


Jeff Brabec is Senior Vice President of Business & Legal Affairs for BMG Rights Management (US) LLC (BMG).  BMG is the fourth largest music publisher in the world and owns and controls over 3,000,000 million copyrights.  Brabec specializes in evaluating, analyzing, projecting income and negotiating music publishing catalogue acquisitions in addition to songwriter, co-publishing, administration, subpublishing, Broadway musical, writer-for-hire motion picture and direct license  agreements as well as music licensing and termination rights issues.  Previously, he has been Vice President of Business Affairs for both The Chrysalis Music Group and The PolyGram Music Group and Director of Business Affairs for The Welk Music Group and Arista-Interworld Music Group.  A graduate of New York University School of Law, he has also been a government legal services attorney. 

Brabec is the co-author of the best-selling book "MUSIC, MONEY, AND SUCCESS: The Insider's Guide To Making Money In The Music Business" (8th Edition (2018) / Schirmer Trade Books/Music Sales).  He is also co-author of the Music Publishing chapter of the 2018 Juris Publications multiple volume treatise "The Essential Guide To Entertainment Law".  He has been awarded the Deems Taylor Award for excellence in music journalism and The Texas Star Award by the Entertainment & Sports Law Section of the State Bar of Texas for Outstanding Contribution and Achievement in the Field of Entertainment Law and the 2019 California Copyright Conference Apollo Award  honoring leadership and achievement In the music industry.

Brabec is an adjunct professor  at USC Thornton School of Music/Business Division where he teaches music publishing and licensing, is Contributing Editor to the Entertainment Law & Finance Magazine and has written and continues to author numerous articles on the music industry. He Is also on the board of the Mechanical Licensing Collective (MLC) which was established by the Music Modernization Act to issue blanket licenses to digital music services for interactive streaming, collect license fees, match musical works with their correct owners and pay royalties to the  music publishers and other parties representing songwriters, composers and lyricists of the works which are streamed. .


Jim Gatto is a partner in the Intellectual Property Practice Group in the firm's Washington, D.C. office.
 
Areas of Practice
Mr. Gatto leverages his unique combination of nearly 30 years of IP experience, business insights and attention to technology trends to help companies develop IP and other legal strategies that are aligned with their business objectives. His practice focuses on all aspects of intellectual property, internet and technology law, including patent, trademark, copyright, trade secret and open source. Mr. Gatto advises clients of all sizes (start-ups to Fortune 100 companies) on key legal and business issues relating to the use of social media, video games, social games and online gambling (gamblification), virtual goods and currency, social networks, virtual worlds, mirror worlds, augmented reality, open source user-generated content, location-based services and gamification.

He has extensive experience advising internet and social media companies on business and legal strategies relating to virtual goods and virtual currency, developing IP protection and monetization strategies, handling terms of service and end user license agreements, development, licensing and partnership agreements, developing DMCA policies, handling DMCA enforcement, privacy and COPPA policies and much more.

Mr. Gatto's practice is national and international, and it encompasses a full range of IP and technology issues, including: patent, trademark, copyright and trade secret litigation; counseling and technology transactions; developing and implementing IP strategies to protect and to monetize IP assets; creating and implementing corporate IP programs; conducting IP audits; conducting complex patent prosecution, including patent appeals, interferences, Inter Partes Review (IPRs), reissues and protests; handling patent enforcement issues, including licensing and litigation; negotiating and drafting technology agreements; conducting IP due diligence in and negotiating IP aspects of mergers, acquisitions and financings; rendering opinions concerning the infringement, validity and enforceability of patents; handling trademark prosecution, domain name, copyright and trade secret matters; handling IP aspects of employment issues; advising clients on legal issues associated with open source software including open source patent issues, licensing, open source compatibility issues, indemnity issues and developing and implementing corporate policies on use of open source software; advising clients on the legality of cutting edge Internet business methods and technology; and advising clients on computer law issues such as computer fraud and abuse and SPAM-related issues.


Todd Brabec, former ASCAP Executive Vice President and Worldwide Director of Membership, is an Entertainment Law attorney, a Deems Taylor Award winning co-author of the best selling music business book " Music, Money and Success: the Insider's Guide to Making Money in the Music Business” (8th edition, Schirmer Books/ Music Sales, 2019) as well as the “Music Publishing Law” chapter in the 2 volume legal treatise “ The Essential Guide to Entertainment Law-Dealmaking” ( Juris Publications, 2018), an Adjunct Professor at USC where he teaches the course on Music Licensing, Music Publishing and Film, Television and Video Game Scoring and Song Contracts and a former Governing Committee member as well as Music and Budget Chair of the American Bar Association Forum on the Entertainment and Sports Industries. In addition to the Deems Taylor Award for Excellence in Music Journalism, he is the recipient of the  2005 Educational Leadership Award from the Music & Entertainment Industry Educators Association (MEIEA), the 2015 Texas Star Award for Outstanding  Achievement and Contribution to the field of Entertainment Law and the 2019 Apollo Award for Excellence in Leadership and Achievement in the Music Industry and is a graduate of the New York University School of Law.

During his 37 year career at ASCAP, he was responsible for all Membership operations, personnel and offices as well as signing many of ASCAP’s most successful songwriters, writer/artists and film and television composers in addition to significantly changing many of ASCAP's payment, distribution and survey rules including those that significantly increased the royalties for successful radio songs and film and television theme songs and scores. In addition, he was involved in numerous federal “Rate Court” proceedings as well as Consent Decree reviews.

He lectures extensively throughout the world at conferences, universities, bar associations, law firms and management companies and has appeared on numerous panels including PLI, the American Bar Association, the Game Developers Conference, DIMA, the International Association of Entertainment Lawyers, Volunteer Lawyers for the Arts, NATPE, Midem as well as many others. He has hundreds of published articles on all aspects of the business and law of Music and Entertainment. His Mitchell Hamline law review article, “The Performance Right: a World in Transition”, was selected by West/Thomson/Reuters as one of the best Entertainment Law Review articles of 2016.