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"Technotainment" 2015: Distributing Content Across Multiple Platforms


Speaker(s): Barry I. Slotnick, Cydney A. Tune, Dale Cendali, David Martinez, Eric Greenspan, Gregory O. Olaniran, Jeffrey A. Greenbaum, Joseph S. Ford, Jr., Kenneth L. Steinthal, Seth A. Metsch, Todd Brabec, William Jelinek
Recorded on: Oct. 15, 2015
PLI Program #: 59502

Barry Slotnick is a nationally recognized copyright litigator who has represented clients in the entertainment, advertising, licensing and merchandising industries in courts throughout the United States.

His clients have included entertainment companies such as SONY/ATV Music Publishing, Bertelsmann, EMI Music, Peer Music, Rainbow Media, Broadcast Music Inc., Sociedad General de Autores y Editores, Shapiro Bernstein & Co., Spirit Music, The Harry Fox Agency and the National Music Publishers' Association.  He also has represented artists and creators such as the Allman Bros. Band, Beastie Boys, Billy Squier, Queensryche, Steven Lutvak, Robert Freeman, David Guetta and the J.R.R. Tolkien Estate.  His representation includes companies such as Anheuser-Busch, CKx, Dell Computers, DDB Worldwide, Eveready Battery, Motorola, Toyota and Harley Davidson.

Mr. Slotnick has litigated scores of copyright infringement cases as well as numerous matters in the entertainment industry addressing the respective rights of copyright and trademark owners and users, including numerous cases involving rights of privacy and publicity.

As a frequent speaker, Mr. Slotnick regularly contributes on copyright and entertainment issues for the Practicing Law Institute and other industry groups.

Practice Areas

  • Intellectual Property
  • Entertainment and IP Litigation
  • Litigation
  • Advertising and Promotions
  • Music Industry

Education

Syracuse University College of Law, J.D., 1972, With Honors

Queens College, B.A., 1968


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.


Dale Cendali is a nationally recognized leader in the field of intellectual property litigation, having successfully litigated and tried numerous high-profile cases, and having argued before the U.S. Supreme Court. Her practice encompasses copyright, trademark, false advertising, patent, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes and similar areas, including electronic discovery. Dale heads Kirkland’s Copyright, Trademark, Internet and Advertising practice group.

In 2017, Dale was named “Outstanding Litigator: New York” at Managing IP’s North America Awards. In 2016, Law360 named Dale one of the 25 “Icons of IP,” who have “made an indelible mark in the IP area.” In 2013, The National Law Journal selected Dale as one of the “100 Most Influential Lawyers in America.” The National Law Journal had previously named her one of “America’s Top 50 Women Litigators,” one of the “50 Most Influential Women Lawyers in America,” and one of “The Most Influential Lawyers” for media and entertainment. Dale has repeatedly been ranked as a “top tier” lawyer by Chambers Global and Chambers USA, which describes her as “one of the best lawyers in the country” in her field who combines “intellectual acuity” with a “tough, hard-working attitude”; a “superb litigator” who “thinks quickly on her feet and vigorously defends her clients.” The World Trademark Review recognized Dale as a “Trademark Experts’ Expert,” “at the top of anybody’s list of the best trademark lawyers in the country”. Euromoney Legal Media Group also named Dale as “Best in Copyright [in] the Americas” at its inaugural Americas Women in Business Law Awards in 2012 and in 2013, and in 2014 was awarded “Best in Trademark [in] the Americas.” Dale also was included in Euromoney’s Benchmark guide, “The Top 250 Women in Litigation.” Dale was also selected as one of the “20 Most Influential Women in IP Law” by Law360.  Managing Intellectual Property selected Dale as one of the six “Outstanding IP Practitioners” in the United States, and named her trial victory for J.K. Rowling on the high-profile “Lexicon” fair use case as the “Copyright Trial of the Year.” IP Stars has named Dale one of the “Top 10 Women in IP.” Dale was listed as one of Lawdragon’s 500 Leading Lawyers in America in the 2013-2014 and 2014-2015 guides. The Legal 500 U.S. recognized Dale as a “leading lawyer” in the areas of copyright and trademark litigation. IP Law & Business recognized her as one of the “Magnificent Seven - IP’s Best Young Trial Lawyers.” Dale was selected for the 2017 edition of The Best Lawyers in America in the areas of Copyright Law and Litigation – Intellectual Property. In 2016, she was selected as Litigation – Intellectual Property “Lawyer of the Year.” She also has repeatedly been named by Super Lawyers among “The Top 100 New York Lawyers” and “The Top 50 Female New York Lawyers,” and was profiled in the feature story “Truth, Justice and the Cendali Way” in the 2007 New York Metro edition of Super Lawyers Magazine. World Trademark Review named Dale a “revered branding expert” who “remains keenly engaged in the development of the law.” Dale has been recognized by the Harvard Law Bulletin as one of Harvard Law School’s “Nifty 50,” celebrating 50 of Harvard Law School’s alumnae. Dale was also selected as a litigation star in the 2013 edition of Benchmark Appellate. Kirkland was named by Managing Intellectual Property in 2014 as “Trademark Contentious Firm of the Year-Nationwide.”

Dale is also an adjunct professor at Harvard Law School, teaching copyright and trademark litigation. She is also a prolific writer and has long been active in the bar. In 2010, INTA elected Dale to serve as Counsel, the highest-ranking position in the organization for an outside counsel. She also previously chaired INTA’s Dilution and Enforcement Committees, and is the current chair of INTA’s inaugural Copyright Committee.

Dale was also the Vice Chair of the Copyright Division and chair of the IP Special Issues Division for the IP Section of the ABA, and currently serves on Council for the ABA IP Section. Among many other positions in the bar, Dale is also the former Chair of the Trademarks and Unfair Competition Committee of the Association of the Bar of the City of New York. In 2015 Dale was selected as an Adviser for The American Law Institute’s project, Restatement of the Law, Copyright.

Education

Harvard Law School, J.D., 1984

  • Editor-in-Chief, The Harvard Journal on Legislation, 1983–1984

Yale University, B.A., 1981

  • summa cum laude
  • Phi Beta Kappa

Admissions & Qualifications

1985, New York


Joseph S. Ford, Jr. is a 12-year entertainment attorney veteran and currently works as an Attorney in the Corporate Legal Department for NBCUniversal’s Advertising and Marketing Group and in the Consumer Products Group of the Universal Partnerships and Licensing Group. 

Currently representing USA, Syfy, Universal Television, Bravo, Oxygen, G4, Telemundo, E!, Esquire, MSNBC and Carnival in areas of marketing, advertising, promotion, merchandising, consumer products and production licenses, Mr. Ford has negotiated numerous licenses and contracts on behalf of NBCUniversal for brands and television programs such as Downton Abbey, Sharknado, Miami Vice, Six Million Dollar Man, The Biggest Loser, Real Housewives, Mr. Robot, Battlestar Galactica and Heroes.

Prior to working for NBCUniversal, Mr. Ford operated a solo law practice for 10 years where he advised clients in connection with licensing, distribution, production, merchandising, publishing, copyright, trademark and piracy.  Mr. Ford has produced and advised on several independent movie projects that have been distributed and exhibited by 20th Century Fox, BET and Lifetime.  Mr. Ford’s legal expertise has been recognized by his peers in receiving the National Bar Association’s 2014 Chairman’s Award in Entertainment, Sports & Art Law and one of Avvo.com’s 2013 Top Contributor Awards in Entertainment and Licensing. 

Mr. Ford earned a B.S. in Computer Science from the University of California at Santa Barbara, a M.S. in Sports Administration with a concentration in Professional Sports Management from Georgia State University and a J.D. from Pepperdine University.  Mr. Ford is also a licensed patent attorney.  Mr. Ford enjoys comic books, skateboarding and DJing in his free time. 

 

 


Managing Partner of Frankfurt Kurnit since 2010, Jeffrey A. Greenbaum is one of the country’s leading advertising lawyers. He is a partner in the firm’s Advertising, Marketing & Public Relations Group and has extensive experience representing advertisers, advertising agencies, and media companies on advertising, marketing, branded entertainment, and intellectual property matters. Best Lawyers named him “Advertising Lawyer of the Year” in the New York metro area for 2015.

Mr. Greenbaum advises clients on a wide variety of advertising-related matters, including advertising regulation, rights clearance, agency/client contracts, production contracts, e-commerce, consumer privacy, sweepstakes and contests, union issues, network clearance, and global advertising clearance. He also regularly represents advertisers in connection with advertising litigation, including federal, state, and local regulatory investigations, as well as before the National Advertising Division and other self-regulatory organizations.

Mr. Greenbaum is also the Chairman of the Global Advertising Lawyers Alliance, a network of independent law firms around the world with expertise in advertising law.

He is also a Director of the Brand Activation Association (formerly, the PMA), and has also served as a member of the BAA’s Executive Committee. He is also a member of the BAA’s Government and Legal Affairs Committee. He was also Co-Chair of the 2007 PMA law conference.

Mr. Greenbaum has previously served as chair of the Committee on Consumer Affairs of the New York City Bar. For more than a decade, he has also chaired the New York City Bar’s annual “Hot Topics in Advertising” program. He has also served on the INTA Nontraditional Marks Committee and is a member of ASIPI.

Mr. Greenbaum is a frequent speaker on advertising issues. He has spoken at the Federal Trade Commission’s “Protecting Kids’ Privacy Online” workshop, the “FTC at 100” workshop, the FTC’s “Rebate Debate” workshop, and at the FTC’s “Green Lights and Red Flags: FTC/BBB Rules of the Road for Advertisers” program. He has also spoken at conferences and programs sponsored by the National Advertising Division, the Association of National Advertisers, the Brand Activation Association, the National Advertising Review Council, the Electronic Retailing Self-Regulation Program, the Electronic Retailing Association, INTA, the Intellectual Property Owners Association, the Association of Independent Commercial Producers, the American Intellectual Property Law Association, ASIPI, ALI/ABA, the Association of Corporate Counsel, the American Bar Association, the New York City Bar, the New York County Lawyers Association, the New York State Bar Association, the Washington State Bar Association, and others.

Mr. Greenbaum is a member of the Dean’s Advisory Council at the University of Michigan Law School. He has served as an adjunct faculty member at Parsons School of Design. He has also spoken at programs sponsored by Columbia University, New York University, New York Law School, Brandeis University, and University of Kansas.


Eric Greenspan is a senior partner and chairman of the music department at the firm of Myman Greenspan Fineman Fox Rosenberg & Light, LLP.  The firm represents clients in all facets of the entertainment industry, primarily representing talent.  Represented clients include Red Hot Chili Peppers, Slash, Christina Aguilera, Justin Bieber, John Legend and many others.  Eric has been honored as a Super Lawyer from 2006 – 2016 as well as recognized by Super Lawyers as one of the top 50 attorneys of note in the music business.  Eric has also been recognized by the Hollywood Reporter in their Power Lawyers Top 100 list and featured as one of the “Five Music Attorneys To Know.”  Eric has also been featured in Billboard’s Top Music Lawyers in America list as well as featured this past year. 

Eric Greenspan is a graduate of Duke University and the Washington College of Law. 

Eric is on the Board of Directors of the Silverlake Conservatory of Music and the Cole Leadership Council at the Fuqua School of Business at Duke University.


Gregory O. Olaniran is a partner in the Entertainment & New Media, Intellectual Property & Technology, and Litigation Departments at Mitchell Silberberg & Knupp LLP (MSK).  Mr. Olaniran’s multi-disciplinary experience allows him to offer more comprehensive solutions to leading media and entertainment and technology clients, including major producers and distributors of syndicated television programs, cable networks, independent producers and others.  Mr. Olaniran frequently counsels clients on a broad array of issues affecting content creation and distribution for delivery on multiple platforms. He represents clients before the Copyright Office, the Copyright Royalty Judges, the Federal Communications Commission, and state and federal trial and appellate courts. 

Mr. Olaniran is an active member of numerous professional and civic organizations, including the Horizon Foundation, the Maryland State Bar Association, and the District of Columbia Bar Association. Mr. Olaniran is a graduate of George Washington University Law School. He holds an MBA in Finance and two baccalaureate degrees, with honors, from Morgan State University. In addition he is a Certified Public Accountant (license inactive).


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.


Seth Metsch is Vice President, Digital Media & Corporate Development Counsel, in the Legal & Business Affairs division of A+E Networks.  Seth has also previously served as Sr. Director, Business Development in A+E’s Digital Media division.  Seth counsels executives and personnel at all levels as the senior lawyer for A+E’s digital media, corporate development and strategy, information technology, and engineering divisions.

A+E is a global multimedia company, including the A&E, HISTORY, Lifetime, LMN and FYI brands, available in over 200 countries.  In addition to its television properties, A+E operates stand-alone web properties, apps, games, voice skills and SVOD services.

One of Seth's digital focuses is negotiating and drafting agreements for domestic and international digital media transactions, including video distribution through AVOD and SVOD platforms, and cable television system operators as part of "TV Everywhere" initiatives.  Another digital focus is development, publishing, and support for apps, games and websites, across various platforms.  He also advises provides primary legal support related to data collection and CRM and digital advertising.

He also works with the senior-level corporate development team at A+E Ventures to analyze strategic opportunities in areas to grow traditional business lines and diversify into new areas, including investments, joint ventures, strategic partnerships, and partnership activation.

Immediately prior to A+E, Seth was Associate General Counsel at Sirius Satellite Radio, where he advised various business units, including programming, sales and marketing, data services, consumer electronics, engineering and information technology.  Seth has also worked at Princeton Video Image (PVI), an Emmy award-winning provider of virtual and interactive advertising and visual effects for television (including the virtual first down line in telecasts of football games and the virtual advertisements behind home plate in telecasts of baseball games), where he instituted deal structures and procedures, as well as negotiated and drafted licenses, service agreements and a variety of other transactions; LuxuryFinder.com, an online luxury goods retailer, where he headed the business units for the website's portal and affiliate programs, negotiated business development deals and served as counsel; Parker Chapin LLP, a New York law firm (now part of Troutman Sanders LLP), where he was a corporate associate; and as a legislative assistant for U.S. Congressman Gary L. Ackerman, where he advised the Congressman on domestic issues, including telecommunications and technology.

Find Seth on LinkedIn (https://www.linkedin.com/in/smetsch/) where he also runs a Digital Media Lawyers group (www.linkedin.com/groups?gid=1890981), or follow him on Twitter (@SethDMC).  

Seth is a graduate of Tufts University, where he served as chairman of the students' judiciary panel, and of the Fordham University School of Law, where he was the Senior Articles Editor of the Fordham Environmental Law Journal.  Seth currently serves on the Board of Advisors of the Fordham Center on Law and Information Policy.


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.


David manages all of business and legal affairs for the international group of Electus, LLC, an IAC company. From negotiation of principal deal terms through closing, David supports and counsels an International sales and acquisitions team and administers all corresponding agreement paperwork.  Prior to joining Electus David spent 6 years at A+E networks where he worked primarily on programming and production agreements; distribution and carriage agreements; and real estate transactions and lease agreements.  David also previously worked for the Hearst Corporation and earlier in his career worked as a transactional real estate attorney and commercial litigator.  He began his career in business affairs with an independent heavy-metal music label.  He is a graduate of Rutgers Law School and Binghamton University.


William began his career at Estee Lauder Companies in 1993 practicing trademark and IP law.  For close to 15 years, William’s practice has focused on entertainment, IP, and talent related matters, including negotiation of music licenses, fashion model and spokes model agreements, creative and advertising agency agreements, photographer, videographer, and creative consultant agreements, and co-branding and IP licenses.  William regularly advises his clients on all of the above as well as promotional and new media campaigns and speaks at legal conferences on such topics as Rights of Publicity, Celebrity Talent Negotiations, and Best Practices for New Media, all from the perspective of in-house counsel.

William received his J.D. from Benjamin N. Cardozo School of Law Yeshiva University, and his B.A. from Columbia University.  William lives in suburban New York with his wife (in house counsel at a major financial institution), whom he met in law school, and their two children (11 and 14).