When a Business Uses Music--When are Music Licenses Needed and What Legal Issues Should be Considered?

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Tuesday, August 4, 2020

Recorded event now available

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Program Materials

This CLE webinar will guide business attorneys on determining when their clients need music licenses for the use of music by any of their clients. The panel will discuss how any business may need to obtain licenses when they use music in events (including virtual events), in commercials, on websites, in podcasts, and in advertising. The discussion will identify when licenses are needed, where to go to obtain licenses for different uses, critical terms, royalty rates, and fees. Also, the panel will look at current areas of controversy and recent court decisions.

Description

Every day, music is used myriad ways such as commercial advertising, movies, podcasts, and video games, and also at physical venues such as restaurants, bars, and nightclubs. In each instance, those who use music have the legal obligation to seek and secure permission from the owners of the music or their legal representatives.

Performing rights organizations (PROs), such as ASCAP and BMI, offer licenses entitling users to perform and/or play music publicly. But some uses of music require additional or other kinds of consent such as "sync" licenses for the use of songs in audiovisual works and "master use" licenses for the right to use original recordings. Failure to secure the right permissions for music could come at a high cost. Counsel must understand how licensing works in a variety of current and evolving music formats, such as YouTube, VOD services, podcasts, virtual meetings, and many more.

Listen as our authoritative panel examines licensing strategies and negotiations in the world of music licensing. The panel will explore how licenses are structured, royalty rates, and the impact of digital music use including podcasting and streaming. The panel will discuss recent court decisions and the lessons from those decisions.

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Outline

  1. Basics of music copyrights
  2. What music uses need a license?
  3. Where do you go to get a license?
  4. Licensing negotiations and structuring contracts
  5. Royalty rates
  6. Impact of digital music uses including streaming and podcasting
  7. Recent court decisions and lessons from those decisions

Benefits

The panel will review these and other high priority issues:

  • What terms are critical to music licensing agreements?
  • How has digital music use increased the complexity of music licensing?
  • What are the best practices for counsel for licensors and licensees when negotiating music licenses?
  • What strategies should IP counsel employ to enforce IP rights in the music?

Faculty

Monath, Robert
Robert A. Monath

Intellectual Property Attorney

Mr. Monath’s practice focuses on the protection and development of intellectual property. He handles legal and...  |  Read More

Oxenford, David
David D. Oxenford

Partner
Wilkinson Barker Knauer

Mr. Oxenford has represented broadcasters for over 35 years on a wide array of matters from the negotiation and...  |  Read More

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