Basics of Music Law, including Considerations in Representing Artists & Intellectual Properties Rights


Re-Broadcast on November 22, 2017

This program discusses the various types of contractual relationships that an artist can expect to have throughout the course of their artistic development, including the ethical considerations and conflicts of interest that arise in the representation of artists. The program also discusses an artist’s relationships with third parties such as record labels, publishers, and recording studios and the types of deals that are typically expected throughout the course of an artist’s career. Music publishing and the future of the music industry is also discussed, as well as the basics regarding the types of intellectual property rights and maintaining intellectual property protection.

Key topics to be discussed:

•  Representing Artists, including Ethical Considerations
•  Deal Making in the Music Industry
•  Music Publishing
•  Intellectual Property – Copyrights, Trademarks, and Rights of Publicity

Date / Time: November 22, 2017

•  2:00 pm – 4:00 pm Eastern
•  1:00 pm – 3:00 pm Central
•  12:00 pm – 2:00 pm Mountain
•  11:00 am – 1:00 pm 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.


cintia-calevosoCintia Calevoso, Esq. is the founding attorney at CALEVOSO LAW, located in Miami, Florida. Ms. Calevoso is a different kind of attorney. She is a creative professional, a trustworthy and empathetic listener, and a devoted lawyer and advocate for entrepreneurs and other creative professionals. Throughout the years, Ms. Calevoso has developed the ability to inspire entrepreneurs to do what they most love.

Motivated by a deep passion for fair treatment under the law, Ms. Calevoso became a Juris Doctor, specializing in business and entertainment law. She honed her legal acumen, intuition and understanding of motivational psychology and persuasion as a litigation consultant on complex civil cases, developing strategies and coaching already successful attorneys and witnesses to compel jurors in favor of her clients.

Ms. Calevoso has focused her practice on entertainment law, intellectual property, business law, and dispute resolution. She is also a frequent lecturer on the subjects of entertainment law and intellectual property at various universities, law schools, continuing legal educational seminars, and other industry events. Cintia is also an accomplished musician, singer, and songwriter with over 15 years of performance experience.

In addition to managing CALEVOSO LAW, Cintia is deeply committed to personal and spiritual growth and development. She is passionate about the arts, music, history, literature and is an avid traveler with an ever-expanding interest in learning about different cultures.

santucci_thumb_250Michael I. Santucci, Esq. has a well-established concentration in litigation, licensing and prosecution of intellectual property including trademarks, copyrights, trade secrets, patents, the arts and entertainment, celebrity name rights and rights of publicity, computer and e-commerce, business, corporate and other commercial matters as well as federal and state appeals. He also directly handles or supervises all copyright and trademark applications, renewals and maintenance filings and Trademark Trial and Appeal Board (“TTAB”) litigation for the firm.

Mr. Santucci was an original member of the litigation team with Johnnie Cochran and Willie E. Gary in the 2002 landmark case of All Pro Sports Camps, Inc. v. Walt Disney Company in which he helped obtain a record Two Hundred Forty Million Dollar ($240,000,000) verdict for his clients through two appeals and a thirty-one (31) day trial.

Mr. Santucci was appointed, and currently serves as the Co-Chairman of the Intellectual Property Section of the Broward County Bar Association.

He has been quoted in TV, print and Internet media worldwide. His cases have been covered worldwide by United Press International, The Associated Press, The New York Times, BBC, CBS and NBC TV news, Rolling Stone, E! Entertainment and Entertainment Weekly. As a result of his representation, one of his clients was featured on the TV show “Celebrity Justice” and shortly thereafter obtained a recording contract.

Mr. Santucci represented Miss Vermont in another highly-publicized internet-related First Amendment case which triggered an amicus curiae brief from the ACLU and was reported by the New York Times.

The entertainment-related litigation Mr. Santucci has handled has involved musical artists and companies such as Bob Marley, Jenifer Lopez, Chubby Checker, Disney, Gloria and Emilio Estefan, 50 Cent, Timbaland, The Game, Nelly, Universal Music Universal Studios, Hewlett-Packard, Warner/Chappell and Warner Brothers.

Mr. Santucci has been the Legal Advisor to the South Florida Crime Commission, and an active board member of the Fort Lauderdale International Film Festival. He is a proud parent, devoted husband and avid musician, songwriter, martial artist and organic food enthusiast. He regularly acts as a guest lecturer at various law schools, colleges and community, industry and Continuing Legal Education (“CLE”) events.

Mr. Santucci is licensed to practice in Florida and before the U.S. District Courts for the Northern, Middle and Southern Districts of Florida, The Eleventh Circuit Court of Appeals, The Federal Circuit and has been admitted pro hac vice to various other courts, including Nevada, California and the Southern District of New York where he recently tried a case for the Ultra Music Festival. He also litigates before the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (“TTAB”) on a regular basis.

CLE Accreditation:
mylawCLE seeks approval in all states except VA.

CLE 2.00 – AK
CLE 2.00 – AL
CLE 2.00 – AR
CLE 2.00 – AZ
CLE 2.00 – CA
CLE 2.40 – CO
CLE 2.00 – DE
CLE 2.40 – FL
CLE 2.00 – GA
CLE 2.00 – HI

CLE 2.00 – IA
CLE 2.00 – ID
CLE 2.00 – IL
CLE 2.00 – IN
CLE 2.00 – KS
CLE 2.00 – KY
CLE 2.00 – LA
CLE 2.00 – ME
CLE 2.00 – MN
CLE 2.40 – MO

CLE 2.00 – MP
CLE 2.00 – MS
CLE 2.00 – MT
CLE 2.00 – NC
CLE 2.00 – ND
CLE 2.00 – NE
CLE 2.00 – NH
CLE 2.40 – NJ
CLE 2.00 – NM
CLE 2.00 – NV

CLE 2.40 – NY
CLE 2.00 – OH
CLE 2.40 – OK
CLE 2.00 – OR
CLE 2.00 – PA
CLE 2.00 – PR
CLE 2.40 – RI
CLE 2.00 – SC
CLE 2.00 – TN
CLE 2.00 – TX

CLE 2.00 – UT
CLE 2.40 – VI
CLE 2.00 – VT
CLE 2.00 – WA
CLE 2.40 – WI
CLE 2.40 – WV
CLE 2.00 – WY

Accreditation Policy
myLawCLE will seek credit where attending attorneys are primarily licensed for all of its live webinars and live teleconferences, except in states which allow for reciprocity (see reciprocity section below). Credit for CLE in a self-study format is sought for in most states; however, some states do not allow for CLE credit to be earned in a self-study format (see the self-study section below). Many states typically decide whether a program qualifies for MCLE credit in their jurisdiction 4-8 weeks after the program application is submitted. For many live events, credit approval is not received prior to the program. Credit hours granted are subject to approval from each state.

Additionally, some states allow for credit to be granted on a 1:1 reciprocal basis for courses approved in another mandatory CLE jurisdiction state. This is known as a reciprocity provision and includes the following states: AK, AR, CO, FL, ME, MT, ND, NH, NJ, NY, PR, and SD. myLawCLE does not seek direct accreditation of live webinars or teleconferences in these states.

On-demand CLE
myLawCLE will seek on-demand approval in all states except Virginia and Arkansas (outside reciprocal provisions stated above).

myLawCLE Credit Guarantee
myLawCLE offers a program and credit approval guarantee. If a registered attendee is unhappy with a CLE program they have attended, myLawCLE will offer that attended access to another complimentary CLE or a full refund in order to insure the attendeeís satisfaction.

Additionally, on all online CLE programs application for approval will be made in all states where attending attorneys are primarily licensed in. If a registered attorney does not receive credit from their state for any reason, a full refund will be granted.

Section I. Representing Artists, including Ethical Considerations
a) Types of Relationships
        i. Artist / Agent Contractual Relationship
        ii. Artist /Personal Manager Contractual Relationship
        iii. Artist / Business Manager Contractual Relationship
        iv. Artist / Attorney Contractual Relationship
b) Conflicts of Interest in Music / Entertainment Law

Section II. Deal Making in the Music Industry
a) The Artist / Label Contractual Relationship
b) The Artist / Recording Studio Relationship
c) Music Publishing Companies
d) Performing Rights Societies

Section III. Music Publishing and The Future of the Music Industry
a) The Songwriter / Music Publisher Contractual Relationship
        i. Composer / Songwriter Agreements with Music Publisher
                › Single song versus term exclusive agreements
                › Self publishing – what does this involve?
                › Co-publishing and administration deals
                › Worldwide rights and territorial sub-publishing
        ii. Copyrights
b) Revenue Streams for Musical Compositions
        i. Mechanical royalties for recorded music
        ii. Audio-visual synchronization (sync) licenses
        iii. Public performance royalties
        iv. Print royalties – folio or songbooks
        v. Digital media/digital media services
c) New and Alternative Media Usages
        i. Traditional distribution of CDs
        ii. Renewed value of the single and the three-track sampler
        iii. Promotional videos and YouTube
        iv. Ringtones, other new media usage business model
        v. Digital Millennium Copyright Act (DMCA) Broadcast royalties for sound recordings
d) The Future of the Music Industry in Digital Performance Rights and Revenues
e) The Effect of Millenials and the Web on the Music Industry

Section IV. Intellectual Property and Rights of Publicity
a) Copyrights
        i. Musical Composition (PA), Exclusive Federal Jurisdiction
        ii. Sound Recording (SR), Exclusive Federal Jurisdiction
        iii. Copyright Ownership
                › Works made for hire
                › Joint authors
                › Assignment
                › Licenses
                › Registration/notice
b) Trademarks
        i. Distinction between registration of name and registration of logo
        ii. State and federal protection
        iii. Search and clearance process
        iv. Application process
c) Rights of Publicity
        i. An Artist’s persona (name, voice, likeness, image, etc.)
        ii. Characters that are closely associated with a real-life individual
        iii. Dead celebrities
        iv. First Amendment Protection
                › Use in expressive work
                › Advertisement of content of First Amendment protected work
                › Mixed commercial and commentary
                › Joking references and parody
                › Copyright preemption