December 11, 2020

42nd Entertainment & Sports 2020 Virtual Conference Recordings

The 42nd Entertainment and Sports 2020 Virtual Conference was held, October 1-2; 8 and 15, 2020. If you missed the conference, you can now watch the OnDemand versions below and apply for CLE credit. In addition, all conference had seven new OnDemand only sessions included in their registration. These OnDemand only sessions are also available below for you to watch.

IMPORTANT: If you registered for the conference, the seven OnDemand products are already available in your ABA member profile. Conference registrants can access the sessions using a discount code. To obtain the discount code, send an email to Yasmin Koen, yasmin.koen@americanbar.org. 

Live Conference Recordings

Plenary: Civil Rights and Social Justice Issues and Responsibilities in the Entertainment Industries

This plenary session will gather legal thought leaders and advocates to discuss and dissect the evolving role of civil rights and social justice in the entertainment industry. Our expert panel will assess and analyze the legacy and historical challenges of social activism in the entertainment industries, inequities in legal and commercial business structures, and the roles of counsel advising individual and corporate clients navigating this complicated but compelling and crucial terrain. With issues ranging from leadership diversity and workplace initiatives, to police and community relationships, to building cultures of inclusion and accountability, this panel dialogue will assess recent high-profile activism in music, television, film, theater, literature, as well as the role of talent, production, and companies in engaging in civil discourse and action on matters of prejudice, bias, discrimination and abuse.

For Profit Performing Arts: Financial Survival in Entertainment & Sports

Live entertainment and sports including film and television production were all shuttered during the COVID-19 pandemic. The economic consequences are just beginning to be fully realized. How are the different industries dealing with the economic crisis that has emerged from the pandemic? What are the plans for emerging from these dual crises? Importantly, even when the performers and players return, when will the audience feel comfortable in large crowds, close venues, and indoor environments? This session will address the legal and business considerations confronting the entertainment and sports industries caused by the pandemic and resulting economic collapse.

Disruption in College Sports: The Evolution and Issues Surrounding Student-Athletes' Name, Image and Likeness Rights

Join industry experts in the rapidly evolving world of college sports as they explain and debate the latest developments in student-athlete name, image, and likeness (NIL) rights. College sports insiders will share the latest insights on NIL evolution, with updates on pending lawsuits, state and federal legislation, new NCAA policies, and student-athlete organizing. Our team of experts will share how schools are adapting in real-time and on-the-ground planning for the resulting impact on recruiting, sponsorships, social media, branding, and Title IX issues. Finally, panelists will explore how the COVID-19 pandemic could influence NIL in the midst of reopening and return-to-play protocols.

Litigation UpdateSponsored by: Riley, Warnock & Jacobson, PLC

This last year has seen landmark decisions on a variety of issues in Entertainment Law–Sports, Music, Film and Television, and other key areas. A panel of litigation experts will run down some of the major developments in Court cases during the past year. This must-see event for all attendees will present practice tips and lessons learned from the litigation during the past year. The panel will also talk about discernible trends and cases likely to be a major factor in Entertainment Law in the coming year.

Breaking into the Industry (non CLE/CPE)

Entertainment law continues to be a dynamic and evolving practice that is becoming more and more accessible to lawyers desiring to work in this area. The panel consists of entertainment lawyers experienced in a variety of entertainment fields. They will discuss what they learned about breaking into the practice of entertainment law and what they do to keep and maintain a practice in this area. Topics will include practice development, entertainment law resources, and the difference between in-house and private practice and many others.

Plenary - From Play to Platform: Civil Rights and Social Justice Issues and Responsibilities in SportsSponsored by Fanatics

On the cusp of a new decade, this plenary session will gather legal thought leaders and advocates to discuss and dissect the evolving role of civil rights and social justice issues in the industry of sports. Our expert panel will assess the legacy of social activism in sports, its effects on commercial business, and the roles of counsel advising individual and corporate clients navigating this complicated but compelling terrain. With issues ranging from diversity of leadership to police and community relationships to cultures of inclusion, panel dialogue will assess recent high-profile incidents of social activism in sports, as well as the role of individual athletes and their teams, leagues and companies in engaging in civil discourse and action on matters of prejudice and discrimination.

Keynote Address (non-CLE/CPE), Sponsored by Borro

Speaker:
The Honorable Dina Titus, United States House of Representatives, 1st Congressional District, Nevada, United States House of Representatives, Las Vegas, NV

Nonprofit Theatre & Performing Arts Survival and Innovation Strategies

The nonprofit theatrical and performing arts sector in the United States is experiencing a pivotal industry-wide disruption on account of the global effects of the pandemic. What strategies are being employed to keep the organizational lights on, even when the theater is dark? What operational safety protocols are being implemented? How are arts leaders and funders regrouping and using this time to innovate programmatically and re-envision their business models? How are they staying connected to the communities that provide the vast majority of philanthropic support? What are the key legal, governance questions, and fiduciary considerations when looking to an organization’s endowment as an alternative source of stop-gap funding? This panel of professional leaders in the theatre and performing arts will explore each of these issues as viewed from the lens of exempt organization compliance, major metropolitan performing arts centers, arts funders, regional theatres, and performing arts companies.

RISKY BUSINESS: Advising Clients About Reopening During the New Abnormal - Keynote Sponsored by Venable (non CLE/CPE)

Speaker:
Steven Adelman, Founder, Adelman Law Group, PLLC and Vice President, Event Safety Alliance, Las Vegas, NV

Within just a few weeks after the COVID-19 pandemic shuttered live events in the United States, robust treatises such as the Event Safety Alliance Reopening Guide started to be released about how to mitigate the new risks in a reasonably healthy and safe way. A consensus quickly emerged around the importance of three things: social distancing, face covering, and hand washing. Nonetheless, reopening live events remains a mess. This session will explore clients’ actual exposure to COVID-19 negligence claims, how they can mitigate the risk of litigation, and help you advise them to avoid the more obvious self-inflicted wounds as they reopen during this “new abnormal.”

Steven A. Adelman is head of Adelman Law Group, PLLC in Scottsdale, Arizona, and Vice President of the Event Safety Alliance. His law practice focuses on risk and safety at live events throughout North America, and he serves as an expert witness in crowd-related lawsuits.

Music Modernization Act in Q42020 - The MLC Goes Live: A Primer for the Legal Community (and their Clients) - Sponsored by Sound Royalties

The Music Modernization Act (MMA), officially signed into law October 11, 2018, is the most significant reform to copyright law since the Digital Millennium Copyright Act of 1998. To address challenges in the music streaming ecosystem, the MMA strives to create a modernized and equitable approach to licensing and royalty payments in digital music, balancing the needs of songwriters, publishers, and digital service providers (DSPs) to create a more streamlined ecosystem for all. The MMA-established Mechanical Licensing Collective (The MLC) will begin administering blanket mechanical licenses to DSPs in January 2021. This panel will explore the law and what implementation of the MLC will mean for songwriters, publishers, DSPs and other key stakeholders.

NOTE: There is no affiliation between session sponsor.

General Counsels in Entertainment and SportsSponsored by Swanson, Martin & Bell 

What are the key legal issues facing in-house legal departments in the sports and entertainment industries? How are those issues similar and different to each other and to other industries? Join our expert panel of General Counsels for an insider’s look at the current legal landscape of the sports and entertainment industries.

Conference OnDemand Only Sessions

Ethics - Cybersecurity, Lawyers and Legal Ethics: A Perfect Storm

In the digital age, law firms are a potential vector for cyber criminals. Three renowned experts in the field of cybersecurity will explore the unique cybersecurity challenges facing law firms of all sizes including cybersecurity ethical considerations, the risks posed by vendors and cloud computing environments and the protection of law firm data and systems. This panel will offer practical steps to take to shore up your firm's defenses against breaches of data security and how to guard against ethics breaches in connection with law firm data storage.

Play Ball: Return to Play During and After COVID-19

On March 11th, the NBA cancelled the Oklahoma City Thunder vs. Utah Jazz game just minutes prior to tip-off. Later we learned that numerous players tested positive for COVID-19, effectively shutting down all North American sports. Since then, sports leagues have slowly returned to play, utilizing different models and procedures including the “bubble.” Our panel of experts will discuss the logistics and legal considerations of bringing sports back in the midst of a pandemic.

Negotiating Product Integration and Brand Licensing Deals for Film, Television and Online Content

Brands and products make appearances in programming across all media, but do you know how they get there? This panel will explore different ways in which brands can integrate with film, television, and online content, as well as outside the actual programming itself, talk about who the rights holders and stakeholders are, and provide guidance on key terms to negotiate and how to document win-win arrangements in the contracts.

The New Parlay: Partnerships After Murphy

For almost a decade, gaming operators tangled with sports leagues over the legality of widespread sports wagering. After the Supreme Court's decision in Murphy, leagues, teams, and gaming operators have developed partnerships to navigate this new landscape. This panel will discuss the opportunities and legal pitfalls of these novel partnerships.

International Sport and Cultural Development

In the highly competitive global environment, world-class buildings, state-of the-art facilities sport and cultural facilities set you apart. As both require large amounts of development area and money, use of public money and public property comes into play. The panel will discuss intellectual property, real property, and cultural property law issues in connection with: Land use and public finance laws control sport and cultural development; Use of Public money; UNESCO World Heritage designation; and Preserving cultural history by preserving historic stadiums.

Always in Style: Fashion Law Basics

What do Rihanna, Kylie Jenner, and Nirvana have in common besides being the clients of a lucky entertainment lawyer? They all share similar war stories of battles over trademarks, copyrights and counterfeits in the fashion arena but intellectual property is just one component of this fascinating area of law. Along with fashion law IP basics, we will explore the practicalities of operating a fashion company including U.S. importing regulations. 

Producing Digital Performances: Navigating Rights and Licenses for a Virtual Stage

As theatrical producers and concert presenters move presentations and audience engagement initiatives to online formats, what are the necessary rights, licenses, and permissions that need to be secured?  What are the steps to secure clearances from creative team members, talent, production crews, and other labor unions?  Who are the licensors for music and other content and what are the key deal terms?  How do online platforms differ in what rights the producer must obtain to stream online?  This session explores the life cycle of moving artistic content to an online setting and key considerations along the way.