Music Law 101 (2024 Edition)

Stephen Wade Nebgen
Stephen Wade Nebgen
The Law Office of Stephen Wade Nebgen, PLLC

Mr. Nebgen has been practicing entertainment law for over twenty (20) years and been involved in the entertainment industry for over forty (40) years.

David A. Munkittrick
David A. Munkittrick
Proskauer

David Munkittrick is a litigator and trial attorney. His practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal.

On-Demand: May 30, 2024

3 hour CLE

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Program Summary

Session I - Music Law – Copyright update – Stephen Wade Nebgen, Esq.

The presentation will give an overview of important new developments in copyright law in the entertainment industry. The presentation will focus on new developments including important copyright infringement cases, developments in the Performance Rights Organizations, and AI.

Key topics to be discussed:

  • Overview of copyright
  • Copyright infringement cases
  • PRO’S: BMI going public
  • AI

Session II – Copyright Clarity in Music: Licensing, fair use, and litigation – David A. Munkittrick

The presentation will discuss the intersection of copyright law and music, exploring key aspects such as music licensing, the De Minimis Defense, fair use, public domain, and infringement litigation. It will provide insights into the application of copyright law within the music industry, highlighting the various players involved and offering guidance on how to safely navigate the use of music. Additionally, the presentation will address common misperceptions and myths surrounding copyright and music, aiming to provide clarity, and understanding on these complex issues.

Key topics to be discussed:

  • Music licensing
  • The de minimis defense
  • Fair use
  • Public domain
  • Infringement litigation

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Stephen Wade Nebgen_FedBarStephen Wade Nebgen, Esq.| The Law Office of Stephen Wade Nebgen, PLLC

Mr. Nebgen has been practicing entertainment law for over twenty (20) years and been involved in the entertainment industry for over forty (40) years. His clients include film, television and theatre companies, actors/actresses, musicians and many authors and painters. He counsels clients regarding business formation, intellectual property matters in copyright and trademarks, contract negotiations, and other corporate law matters.

Mr. Nebgen is a producer with credits in film, television, theatre, and music. As a producer, Mr. Nebgen produced such prominent Off-Broadway plays as the 20th Anniversary Revival of “Fortune and Men’s Eyes” and “Bert See’s the Light”, which featured Jack Black in his New York theatre debut. Mr. Nebgen worked on such Broadway productions as “Lettice & Lovage”, starring Tony Award winner Dame Maggie Smith, and Andrew Lloyd Webber productions of “Cats” and “Aspects of Love”.

Currently, Mr. Nebgen is producing a modern adaptation of “Othello”, and a short film of the W. H. Auden poem, “The Shield of Achilles.” Also, his children’s book, “Theodore’s Plate,” is currently being adapted for an animated Christmas Special. He received his undergraduate degree from Fordham University summa cum laude, and his law degree from The University of Texas school of Law.

 

David A. Munkittrick_ Proskauer Rose_FedBarDavid A. Munkittrick | Proskauer

David Munkittrick is a litigator and trial attorney. His practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal. David advises music, publishing, medical device, sports, and technology clients in navigating complex copyright issues and compliance. He has represented some of the most recognized names in entertainment, including Sony Music Entertainment, Lady Gaga, U2, Madonna, Daft Punk, RCA Records, BMG Music Publishing, Live Nation, the National Academy of Recording Arts and Sciences, Universal Music Group and Warner/Chappell.

Agenda

Session I – Music Law – Copyright update | 12:00pm – 2:10pm

  • Overview of copyright law | 12:00pm – 12:30pm
  • Update on important copyright infringement cases| 12:30pm – 1:00pm

Break | 1:00pm – 1:10pm

  • Update on PRO’s – BMI going public | 1:10pm – 1:40pm
  • Effects of AI in the music industry | 1:40pm – 2:10pm

Break | 2:10pm – 2:20pm

Session II – Copyright Clarity in Music: Licensing, fair use, and litigation | 2:20pm – 3:20pm

  • Music licensing | 2:20pm – 2:30pm
  • The de minimis defense | 2:30pm – 2:45pm
  • Fair use | 2:45pm – 2:55pm
  • Public domain | 2:55pm-3:05pm
  • Infringement litigation| 3:05pm – 3:20pm

Credits

Alaska

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
3 General

Arkansas

Approved for CLE Credits
3 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
3 General

California

Approved for CLE Credits
3 General

Colorado

Pending CLE Approval
3 General

Connecticut

Approved for CLE Credits
3 General

District of Columbia

No MCLE Required
3 General hours

Delaware

Pending CLE Approval
3 General

Florida

Approved for CLE Credits
3.5 General

Georgia

Approved for CLE Credits
3 General

Hawaii

Approved for CLE Credits
3 General

Iowa

Pending CLE Approval
3 General

Idaho

Pending CLE Approval
3 General

Illinois

Approved for Self-Study Credits
3 General

Indiana

Approved for Self-Study Credits
3 General

Kansas

Pending CLE Approval
3 General

Kentucky

Pending CLE Approval
3 General

Louisiana

Pending CLE Approval
3 General

Massachusetts

No MCLE Required
3 General

Maryland

No MCLE Required
3 General

Maine

Pending CLE Approval
3 General

Michigan

No MCLE Required
3 General

Minnesota

Approved for Self-Study Credits
3 General

Missouri

Approved for Self-Study Credits
3.6 General

Mississippi

Pending CLE Approval
3 General

Montana

Pending CLE Approval
3 General

North Carolina

Pending CLE Approval
3 General

North Dakota

Approved for CLE Credits
3 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
3 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
3 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
3 General

Nevada

Approved for Self-Study Credits
3 General

New York

Approved for CLE Credits
3.6 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Approved for Self-Study Credits
3 General

Oklahoma

Pending CLE Approval
3.5 General

Oregon

Pending CLE Approval
3 General

Pennsylvania

Approved for Self-Study Credits
3 General

Rhode Island

Pending CLE Approval
3.5 General

South Carolina

Pending CLE Approval
3 General

South Dakota

No MCLE Required
3 General

Tennessee

Approved for Self-Study Credits
3 General

Texas

Approved for CLE Credits
3 General

Utah

Pending CLE Approval
3 General

Virginia

Not Eligible
2.5 General Hours Hours

Vermont

Approved for CLE Credits
3 General

Washington

Approved for Self-Study Credits
3 Law and Legal

Wisconsin

Approved for Self-Study Credits
3.5 General

West Virginia

Pending CLE Approval
3 General

Wyoming

Pending CLE Approval
3 General

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