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“Technotainment” 2019: Distributing Content Across Multiple Platforms


Speaker(s): Allison Rothman, Brad Samuels, Cydney A. Tune, Elisabeth Slochower, Gabriel Meister, Hal Biagas, Jeff Brabec, John F. Delaney, Jonathan Jennings, Lisa Schwartz, Lynne Boisineau, Michael Hill, Prof. George S. McClellan, Richard Polk, Robert D Brain, Robert E. Freeman, Todd Brabec
Recorded on: Oct. 25, 2019
PLI Program #: 252786

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.


Gabe Meister is a seasoned legal advisor with over 20 years of experience as a dedicated licensing and technology lawyer. He founded The Law Office of Gabe Meister (https://gabemeisterlaw.com) in early 2019 to help deliver speedy, cost-effective and practical guidance in support of complex tech and media transactions.

Gabe was part of Morrison & Foerster LLP’s Technology Transactions Group for 16 years. His practice as a MoFo partner in New York and Tokyo focused on critical licensing transactions, Internet and technology deals, and long-term services agreements (including ITO, BPO, SaaS and supply arrangements). Major corporate clients relied on Gabe’s substantial experience with a broad range of technologies and industries: traditional and digital content distribution, Internet and e-commerce, social media, cloud and mobile services and applications, life sciences and biotechnology, video games, advertising, sweepstakes and promotions, financial services, and emerging technologies.

After MoFo, Gabe headed in-house, first as the NBA’s VP & Senior Media Counsel and later as EPIX’s SVP, Business & Legal Affairs. In each case he was responsible for overseeing a wide variety of technology and media deals covering all aspects of licensing, IP, services and distribution—and for guiding executives on key strategic decisions. There, he learned to appreciate the challenges of in-house counsel’s unique role as both consumer of outside legal services and trusted internal advisor.

Gabe received his B.A. in biology, magna cum laude, in 1993 from Brown University, where he was elected to Sigma Xi, and his J.D., cum laude, in 1998 from Harvard Law School, where he served as an Affiliate of Harvard Law School’s Berkman Center for Internet and Society (now the Berkman Klein Center). Before law school, Gabe helped create novel computer-driven immunology research tools at Brown’s TB/HIV Research Laboratory. He is admitted to practice law in New York.


Robert E. Freeman is a Partner and Co-Chair of Proskauer’s Technology, Media & Telecommunications (TMT) Group and a member of the Firm’s Sports Law Group.

Rob began his career as an antitrust and intellectual property litigator before shifting the focus of his practice to transactional work in the TMT and sports space.  Today, he leads a team of TMT and sports attorneys representing clients such as Hulu, DISH / SlingTV, Pac-12, Discovery Communications, Altice USA, fuboTV, Scripps Networks, NFL Media and NBA Media  Rob’s work for these clients includes M&A, joint ventures and strategic alliances, IP licensing and counseling, and the negotiation of complex media rights and content distribution agreements.  In particular, Rob is well-known for being in the middle of the most important operational and revenue-generating transactions for his clients, including both linear and non-linear (e.g., SVOD) content distribution deals over traditional cable, satellite and telco, as well as Internet-based, platforms.

Rob has been featured as a Top Dealmaker in Broadcasting & Cable Magazine, which noted his position “in the thick of things” regarding new television platforms such as TV Everywhere and “over-the-top” (OTT) content.  In addition, as recognized by Chambers USA and The Legal 500, Rob has extensive experience in the area of sports sponsorship, naming rights, licensing, endorsement and talent-related agreements.

Rob is a frequent lecturer on media, sports and technology issues, and co-hosts an annual TMT Event with UBS on emerging issues, both business and legal, in the TMT space.  This year’s discussion focused on “The Year of OTT” and, most recently, Rob led a panel discussion at the #Hashtag Sports Conference on fan engagement.  Rob also is the editor of Three Point Shot, a monthly sports law-related newsletter published by Proskauer, and is a regular contributor to a variety of sports and media related publications.  Rob is the past NYC regional leader of the Princeton Entrepreneurs Network.


After graduating from Stanford University with a B.S. and M.S. in biochemistry and a J.D. from Berkeley Law, Robert Brain began his legal career in the litigation department of Gibson, Dunn & Crutcher, where he received a pro bono award from the LA County Bar Association for his work with Public Counsel, and represented the ACLU in a case before the U.S. Supreme Court. He later joined the faculty at Pepperdine University School of Law where he taught contracts, torts, constitutional law, sales and trial practice. While at Pepperdine, he co-taught a course on the history of the Supreme Court with Chief Justice Rehnquist, tried cases on a volunteer basis for the LA District Attorney’s Office and served as a commercial arbitrator for the American Arbitration Association.

He later taught at McGeorge School of Law before becoming a partner at the litigation firm of Howarth & Smith where he tried fraud, defamation, securities, products liability and assault matters, representing clients like the Republic of the Marshall Islands, Suzuki Motor Corporation and the victims of 9/11.

He joined the faculty at Loyola Law School, Los Angeles in 2006, and is currently a Clinical Professor of Law at Loyola where he teaches contracts, videogame law, sales, commercial law, and legal writing.  Professor Brain has published three books on contracts, is the author and voice of West’s “Brain on Contracts” CD series, and has published many articles on jurisprudence, evidence and commercial law.  He is the co-author of the only casebook on videogame law used in the United States, and is a popular lecturer on legal writing, legal skills, videogame, and esports issues.  Professor Brain is a member of the Videogame and the Esports Bar Associations, has served on the California State Bar’s Committee on Professional Responsibility and Conduct, and has been Chair of the Legal Writing, Reasoning, and Research Section of the American Association of Law Schools.  He is currently on the Board of the Legal Writing Institute, the largest legal writing organization in the United States. 


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.


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.