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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.

- 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 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.

JEFF BRABEC is Vice President of Business & Legal Affairs for BMG (representing, among others, the catalogues of Bruno Mars, John Legend, Kurt Cobain, Roger Waters, ZZ Top, OutKast,  David Bowie, My Morning Jacket, Devo, Hal David,  Blondie, Paul Anka, Billy Idol, Jethro Tull, Burt Bacharach, Steven Perry  Dan Wilson, Paul Anka  and Ray LaMontagne).  BMG Is the fourth largest music publisher in the world which owns and controls over two million copyrights.  

He specializes in evaluating, analyzing, projecting income and negotiating music publishing catalogue acquisitions as well as songwriter, co-publishing, participation, administration, subpublishing, direct license and joint venture agreements as well as termination rights issues.  He also specializes in all music licensing issues Including digital media, motion pictures, television, video games, apps, Broadway musicals and new technology agreements and negotiations.

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 where he represented the catalogues of Elton John, Henry Mancini, Van Morrison, Jimi Hendrix, Hall & Oates, Jerome Kern, and Oscar Hammerstein II, among others.  A graduate of New York University School of Law, he has also been a government legal services attorney.  

Brabec is the co-author with his twin brother Todd (former Executive Vice President of ASCAP) of the best-selling book "MUSIC, MONEY, AND SUCCESS: The Insider's Guide To Making Money In The Music Business" (7th Edition / Schirmer Trade Books/Music Sales).  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. 

Brabec is an adjunct professor at USC Thornton School of Music/Business Division where he teaches music publishing and licensing,  has been a guest lecturer teaching music publishing for Berklee School of Music, is Contributing Editor to the Entertainment Law & Finance Magazine and has written and continues to author numerous articles on the music industry which have appeared in the NARAS Journal, the American Bar Association Sports And Entertainment Journal, New York Law Journal, Advertising Age, Hollywood Reporter, Entertainment, Publishing And The Arts Handbook, Entertainment Law & Finance Magazine, the Entertainment Law Reporter, The Screen Composers Guild Publication and the International Association of Entertainment Lawyers Music Handbook. 

Brabec also lectures extensively on the business and legal aspects of the music industry including the American Bar Association, Practicing Law Institute, Association of Independent Music Publishers, Game Developers Conference, the California Copyright Conference, American Film Institute, Billboard/Hollywood Reporter’s Annual Film and Television Conference, the California Bar Association, The Beverly Hills Bar Association, South by Southwest, the Texas Bar Association, Volunteer Lawyers for the Arts, Americana Festival, Borders Books, Southwestern Law School, Loyola Law School, USC Law School, numerous universities, songwriter organizations, ASCAP, Taxi and the national Guitar Center chain.

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.

Todd Brabec, former ASCAP Executive Vice President and Worldwide Director of Membership, is an Entertainment Law attorney and industry consultant, a Deems Taylor Award winning co-author of " Music, Money and Success: the Insider's Guide to Making Money in the Music Business"( 8th edition/ Schirmer Books/ Music Sales) as well as the Music Publishing Law chapter in the 2018 two volume treatise “ The Essential Guide to Entertainment Law”, 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 is a former Governing Committee member as well as Music and Budget Chair of the American Bar Association Forum on the Entertainment and Sports Industries. He is the recipient of the 2005 Educational Leadership Award from the Music and Entertainment Industry Educators Association (MEIEA) and the 2015 Texas Star Award from the Entertainment and Sports Law Section of the State Bar of Texas for Outstanding Contribution and Achievement in the Field of Entertainment Law.

During his 37 year career at ASCAP, he was in charge of all Membership operations throughout the world, all PRO competitive analysis as well as all advances, loans and other contractual financial arrangements and was responsible for signing many of ASCAP 's most successful songwriters, songwriter/artists and film and television composers. In addition, he significantly changed most of ASCAP's distribution, payment and survey policies and rules and was responsible for significantly increasing the royalties and payment formulas for successful radio writers and film and television score and theme composers as well as eliminating practically all policies, formulas and rules which were not in the best interests of songwriters, composers and music publishers or which had a negative effect on their earnings. He and his staffs were responsible for taking ASCAP from a total 20% overall market share and 60 million dollars in annual revenue to market share PRO competitive dominance in radio, broadcast television and cable and worldwide top grossing feature film scores and 995 million dollars in annual revenue.

Brabec lectures extensively throughout the world at conferences, universities, industry organizations and law firms and has been a panelist at major conferences and seminars throughout the world including the bar associations of California, New York, Georgia, Texas, Florida, Minnesota, Washington D.C., Tennessee and Beverly Hills, NATPE, PLI, ABA annual conference,Game Developers Conference, among others. He is the author or co-author of 100’s of published articles on the business and law of music including the ABA Entertainment and Sports Lawyer, the International Association of Entertainment Lawyers annual Midem book, Entertainment, Law and Finance, Entertainment, Publishing and the Arts, Score, USC Law Spotlight, among others. His Mitchell Hamline Law Review article “The Performance Right: A World In Transition” was chosen by Thomson Reuters West as one of the best law review articles on Entertainment Law of 2016. He is a graduate of the New York University School of Law.

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.