The New Music Modernization Act: Ushering the Copyright Law into the Age of a Digital Music Marketplace


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

On October 11, 2018, President Trump signed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (the “Music Modernization Act”) into law. The Music Modernization Act has been hailed by nearly every segment of the music industry. This course will provide an overview of the Copyright Law as it relates to digital music, both before and after the enactment of the Music Modernization Act. It will offer practical insights about the Music Modernization Act and a detailed analysis and explanation of what the Music Modernization Act means to key stakeholders impacted by the Music Modernization Act – songwriters; music publishers; record producers, mixers and sound engineers; owners of sound recordings created before February 15, 1972; and, digital music providers.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   The digital music landscape before and after the Music Modernization Act
•   What the Music Modernization Act means to creators of music
•   What the Music Modernization Act means to music publishers
•   What the Music Modernization Act means to digital music providers

Date / Time: March 27, 2019

•   10:00 am – 12:00 pm Eastern
•   9:00 am – 11:00 am Central
•   8:00 am – 10:00 am Mountain
•   7:00 am – 9:00 am Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

Choose the format you want.


Original Broadcast Date: March 27, 2019

Celeste Moy, Esq. is a partner in the Intellectual Property Practice Group of Akerman LLP. She primarily represents songwriters, recording artists, performers, and producers, and their successors-in-interest, involved in disputes over royalty payments and seeking royalty monetization transactions. Many of her clients are former Motown songwriters, which has included the award winning catalog of songs written or co-written by her sister Sylvia Moy (now deceased) who was inducted into the Songwriters Hall of Fame in 2006. Celeste also represents her clients in connection with copyright assignment terminations and recaptures, royalty monetization negotiations, as well as negotiating and drafting various types of entertainment law agreements. In addition, she scrutinizes work-for-hire, music sampling, and mechanical licensing agreements to increase royalty revenues for her clients.

Another key area of Celeste’s practice is representing clients in trademark registrations, licensing and infringement disputes. Among the trademarks she represents and protects is the famous “HITSVILLE™” mark owned by the Motown Historical Museum.

Moy’s extensive understanding of copyrights, trademarks, and entertainment law was acquired, in part, from prior career experiences with major law firms and c-level positions with publicly traded entertainment and technology companies, such as Black Entertainment Television, XM Satellite Radio, and Sprint Nextel.

Matthew Finkelstein, Esq. is a partner in the Intellectual Property Practice Group of Akerman LLP. He is counsel to companies and individuals on copyright and transactional matters in the music, entertainment, technology, art, television, film, media, and publishing industries.

A core component of Matthew’s practice is representing buyers and sellers in the purchase and sale of recorded music and music publishing catalogs and related royalty streams. The total value of the transactions he has handled in this area is in excess of One-half Billion United States dollars and growing. His work on these transactions includes drafting and negotiating the transaction agreements and conducting legal due diligence examinations.

Matthew advises creators of copyrighted works and their successors-in-interest, including with respect to navigating the provisions of the Copyright Law of the United States and related Federal Regulations pursuant to which United States copyrights may be recaptured. In that regard, he assists creators of works (including songwriters and recording artists) and their successors-in-interest with terminating grants of copyrights, recapturing those copyrights and monetizing the recaptured copyrights.

Another key area of Matthew’s practice is representing clients in technology licensing and procurement transactions. His work in this area includes drafting and negotiating cloud services agreements.

Representative clients include recording artists, songwriters, estates of recording artists and songwriters, record producers, television and film production companies, music publishing companies, food manufacturers, fashion and apparel retailers, and research and higher education institutions.

Matthew has an extensive understanding of the entertainment and technology industries, which he gained, in part, from prior career experiences at record companies, in live concert production, and at technology companies involved in the secure distribution of digital music and other types of media.

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I. Historical background leading to the passage and enactment of the Music Modernization Act [10:00am – 10:20am EST]
Section II. The Music Modernization Act combines elements of three bills previously introduced in Congress
a) The Music Modernization Act of 2018
b) The Classics Protection and Access Act
c) The AMP Act

Section III. How the Music Modernization Act changes the compulsory mechanical licensing scheme, including through the creation of a “Mechanical Licensing Collective”

Section IV. Next steps towards the implementation of the Music Modernization Act

Section V. What the Music Modernization Act means for the future of the music business