A primary focus of our practice involves deals related to music publishing and recording rights and copyrights.

 

• We draft, review and negotiate agreements, licenses and other instruments involving all types of music transactions in the entertainment industry.

• We conduct due diligence reviews of music catalogs and assets related to potential acquisitions of music publishing and/or master catalogs. 

• We perform copyright termination analyses for publishers as well as authors and/or their heirs.

• We research, analyze and resolve contractual and royalty issues

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We work closely with our clients in all stages of transactional practice, from pre-deal planning and strategy to research and negotiation, to drafting, execution and closing.  Our work involves a wide array of deals and transaction, including, for example:

• asset sale and purchase agreements

• co-publishing and sub-publishing agreements

• administration agreements

• management agreements

• producer agreements

• songwriter and composer agreements

• recording agreements

• distribution agreements

• various licenses, including synchronization and digital licensing

• joint venture and income participation agreements

• employment-related agreements

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We advise clients regarding litigation strategy and the selection of litigation counsel with an integrated business approach in mind.  We may work together with litigators on certain matters.  In recent years, the firm has collaborated very successfully with our clients' litigators on various litigation matters, often involving complex, unsettled issues or sui generis cases.  For example:

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• As the transactional entertainment attorney for the heirs of Marvin Gaye, we represented the Gaye heirs in connection with the much-discussed Blurred Lines case which resulted in a $5.3 million jury finding in favor of our clients.  

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• The firm represented F.B.T. Productions in the Eminem digital downloads case, which resulted in a landmark ruling against Aftermath/Interscope Records and Universal Music in the 9th Circuit Court of Appeals.  F.B.T. Productions, LLC, et al. v. Aftermath Records, et al., 621 F.3d 958 (9th Cir. 2010), cert. denied, 131 S. Ct. 1677 (2011).

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• We provided litigation consulting services in connection with producer Shep Pettibone's successful defense of the sampling claim filed against him and Madonna in 2013 regarding the hit "Vogue".

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We have substantial experience conducting and coordinating efficient due diligence reviews of music catalogs and assets and counseling clients on the valuation of music copyrights.  We prepare due diligence reports related to the potential sale or acquisition of music catalogs and assets.

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We advise clients on all matters and issues with respect to copyrights, including the registration, renewal and termination thereof.  We perform comprehensive copyright termination analyses for authors and/or their heirs, and counsel and assist them in the recapture of their copyrights.