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2019 CSUSA Midwinter Meeting Agenda

Unless otherwise noted, all panels and events take place at The Peabody Hotel. Please visit our main Midwinter Meeting registration page for further details or call the CSUSA office at (212) 354-6401. We hope you can join us!

    

Thursday, January 31

TIME
EVENT LOCATION
2:00 - 6:00 PM Registration Desk Open Mezzanine Lobby
2:00 - 4:00 PM CSUSA Executive Committee Meeting Skyway Ballroom
2:30 - 4:00 PM

Group Tour of Sun Studio

Elvis, Johnny Cash, Howlin' Wolf, Carl Perkins, Jerry Lee Lewis and many other musical legends recorded their very first hits at Sun Studio. Our guide will share priceless memorabilia, inside stories and outtakes from recording sessions that led to the studio being known worldwide as "The Birthplace of Rock'n'Roll".

Please note, per the Studio's policy children under the age of 5 are not permitted on the guided tour.

Tickets: $11 / Includes Shuttle

Meet in Main Lobby for Shuttle Service @ 2:30pm
5:00 PM

Duck March

Join us as we kick off the 2019 Midwinter Meeting with a special CSUSA edition of The Peabody's famous duck march!

Lobby Fountain
5:30 - 6:00 PM First-Time Attendee Reception

Skyway Ballroom,

Level S

6:00 - 7:30 PM

Welcome Reception

Join Copyright Society members and guests for cocktails, hors d'oeuvres and networking. Guest tickets are available and may be purchased at check-out.

Skyway Ballroom,

 Level S

7:30 PM Dinner on Your Own
9:00 PM

Crude, Humble & Obvious

Join us for live music as the Copyright Society house band, Crude, Humble & Obvious, performs.  All are welcome!

The Brass Door,
152 Madison Avenue, Memphis TN 38103 (only 2 blocks north of the Peabody Hotel, about a 5-minute walk)

 

Friday, February 1

TIME
EVENT LOCATION
8:00 - 9:00 AM Breakfast Buffet
Hernando Desoto Room, Mezzanine Level
9:15 AM

Welcome
Glenn Pudelka, CSUSA President

Continental Ballroom, Mezzanine Level
9:30 - 10:30 AM

Session 1
The EU's Digital Single Market Agenda

Join us for a look at recent EU developments, including:

  • Article 13 - the controversial "upload filter" or "license or co-operate" provision. Has an appropriate balance been struck between rights holders and platforms? How radical is it? How much practical difference will the alternative obligations of taking a license or "co-operating in good faith" make? Will platforms need to introduce upload filters that will herald the end of the internet as we know it?
  • Improving the position of creators through transparency and adjustments to remuneration. How will the practices of publishers, labels, studios and others who exploit works and performances have to adapt? When will creators be entitled to enhanced remuneration when their works become "best-sellers"?
  • A new text and data mining exception -- is this a missed opportunity or a danger for nascent business models?
  • The impact of Brexit and the UK's implementation of these proposals.

Speakers:

Mark Seeley (Moderator)
Principal, SciPubLaw

William Bowes
General Counsel and Director of Policy,
UK Publishers Association

Lauri Rechardt
Chief Legal Officer, IFPI

Continental Ballroom
10:30 AM Coffee Break
Mezzanine Lobby
11:00 AM -
12:00 PM
 

Session 2
The Music Modernization Act: An Oral History

The Orrin G. Hatch–Bob Goodlatte Music Modernization Act (“MMA”) was signed into law on October 11, 2018, a major accomplishment for a mostly united music industry. The MMA has many changes in store, including a new royalty collective for the reproduction of songs on digital music services, changes in the treatment of pre-72 sound recordings, and compensation for record producers. 

Stakeholders and observers from across the music industry, including recorded music, publishing and the Copyright Office, will discuss some of the topics and controversies the new law addresses, how so many were able to come together to get to this historic point, and what lies ahead.


Speakers:

Regan A. Smith (Moderator)
General Counsel and Associate Register of Copyrights

Bart Herbison
Executive Director, Nashville Songwriters Association International (NSAI)

Colin Rushing
Senior Vice President and General Counsel, SoundExchange

Shannon Sorensen
Vice President, Government Affairs and Counsel,
National Music Publishers' Association


Continental Ballroom
12:00 PM Break  
12:15 - 1:15 PM

Session 3
The Interplay Between Rights of Publicity and Copyright

The speakers will discuss the different protections afforded by copyright and rights of publicity, challenges in identifying rightsholders, how the respective rights and defenses may conflict and whether and when rights of publicity claims should be preempted by copyright law. 

In exploring the issues, the panel will examine how the nature of the subject at issue (e.g., a real person, a fictionalized version of a real person, a persona, a completely fictional character, and an actor portraying any of the foregoing) may affect the analysis. Additional topics that the panel may address are life rights, dead celebrities, including Elvis Presley and Martin Luther King, Jr., digital avatars and reanimated performances.


Speakers:

Jay Kogan (Moderator)
DC Entertainment

Jennifer Rothman
Professor of Law and Joseph Scott Fellow,
Loyola Law School

Frederick Sperling
Partner, Schiff Hardin LLP

Continental Ballroom
1:30 - 2:30 PM

Lunch & Excellence in Creativity Award Presentation

2019 Award Recipient:

Steve Cropper
Guitarist, Songwriter and Producer / Booker T. & the MGs; Member of The Blues Brothers


Hernando Desoto Room, Mezzanine Level
2:30 PM Free Time - Optional Activities Below!
 
3:00 - 5:00 PM

Memphis City Walking Tour

Tickets: $30

Meet in Main Lobby
3:30 - 5:30 PM

Group Tour of Sun Studio

Elvis, Johnny Cash, Howlin' Wolf, Carl Perkins, Jerry Lee Lewis and many other musical legends recorded their very first hits at Sun Studio. Our guide will share priceless memorabilia, inside stories and outtakes from recording sessions that led to the studio being known worldwide as "The Birthplace of Rock'n'Roll".

Please note, per the Studio's policy children under the age of 5 are not permitted on the guided tour.

Tickets: $11 / Includes shuttle

Meet in Main Lobby for Shuttle Service @ 3:15pm
3:30 - 5:30 PM

Stax Museum of American Soul Music Guided Tour

Located on the original site of the Stax Records studio at 926 E. McLemore Ave, the Stax Museum is dedicated to preserving and promoting the legacy of American soul music. The Museum pays tribute to the artists who cut records there, including Otis Redding, Carla Thomas, the Mar-Keys, and Booker T. and the MGs, as well as other American soul legends with a collection of more than 2,000 artifacts and interactive exhibits.

Tickets: $15 / Includes shuttle

Meet in Main Lobby for Shuttle Service @ 3:15pm
7:00 - 10:00 PM

Graceland Dinner Reception & Special After-Hours Tour

Join fellow CSUSA members and guests for what is sure to be a very memorable evening at the home of Elvis Presley. We will dine among Elvis' automobiles, including his iconic pink Cadillac, and enjoy a private after-hours tour of the Graceland Mansion.

Shuttle service will be provided to and from Graceland.

Dinner reception is included in the registration price. Guest Tickets are available for purchase.

Meet in Main Lobby for Shuttle Service @ 6:30pm

 


Saturday, February 2

TIME
EVENT LOCATION
8:00 - 9:00 AM Breakfast Buffet
Hernando Desoto Room, Mezzanine Level
8:00 - 9:00 AM  CSUSA Chapter Chair Meeting
Landsdowne Room, Mezzanine Level
9:15 AM

Welcome
Glenn Pudelka, CSUSA President

Continental Ballroom, Mezzanine Level
9:30 - 10:30 AM

Session 1
Rock of Aging: Music Artist Estates and Planning

Iconic music artists have passed on including George Michael, Tom Petty, Prince, David Bowe, and others. Music creators and other IP owners who die with an estate plan have the ability to manage their legacy and to reduce the tax bite that may consume over half of the estate’s value without planning. This panel will address legal issues that have a particular impact on celebrity estates, estate planning basics, and an overview of recent disputes and cases that are instructive.  

Speakers:

Lindsay Edelstein (Moderator)

Cowan, DeBaets, Abrahams & Sheppard LLP

 

Ken Abdo

Partner, Fox Rothschild LLP

 

Sarah Wentz

Partner, Fox Rothschild LLP

 

Barbara Newman

President & CEO, The Blues Foundation

 

Bruce Newman

Partner, Law & Accounting Offices of Newman, DeCoster

 

Continental Ballroom
10:30 AM Coffee Break
Mezzanine Lobby
11:00 AM -
12:00 PM
 

Session 2
There's No Crying in Counterstrike!

E-Sports have become major spectator events – video game competitions have filled arenas across the country, and gaming videos are one of the top categories on YouTube. E-sports and gaming generally also have their own unique combination of copyright issues. We will provide an overview.

Speakers:

Arthur Levy (Moderator)
The Levy Firm
 
Delara Derakhshani
The Entertainment Software Association
 
Jennifer Lloyd Kelly
Fenwick & West LLP
 
Scott Pink
O’Melveny & Myers LLP

Christina Scelsi

Wargaming, Inc.

Continental Ballroom
12:00 PM Break  
12:15 - 1:15 PM

Session 3
Music Case Law Round-Up

This panel will discuss a number of recent copyright decisions that involve or impact music, touching on topics such as fair use, international moral and economic rights, royalty rates for the interactive streaming of musical works, extrinsic similarity, and the Durham test and remastered sound recordings.

Speakers:

Serona Elton (Moderator)
Director, Music Business & Entertainment Industries Program, FROST School of Music, University of Miami

Steve Englund
Partner, Jenner & Block LLP

David Jacoby
SVP, Business and Legal Affairs, Sony Music

Christine Lepera
Partner, Mitchell Silberberg & Knupp LLP

Continental Ballroom

 

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