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Volume 34 Issue 4 ...

Fall 2018
IN THIS ISSUE
CHAIR’S COLUMN 5 In Memorium of Richard Warren
Rappaport (September 20, 1948
Dear Forum Members, - December 16, 2017)
By: Alexandra Darraby, Forum
I look forward to seeing everyone at our 40th Governing Committee
Anniversary Annual Meeting at the Cosmopolitan
6 …Except Death and Taxes
Hotel in Las Vegas! To celebrate the occasion, By Michael Whitaker
many of the Past Forum Chairs will be in atten-
dance and honoured for their past contributions 12 Key Financial Building Blocks
of Licensing Agreements
to the Forum. Confirmed attendees include Jay to Maximize Revenue and
Cooper, Ed Pierson, Michael Rudell, Pam Lester, Protect Intellectual Properties
Joel Katz, David Given, Ken Abdo, Kirk Schrod- By: Lewis Stark, CPA, CFE
er, Richard Idell and Janine Small. As previously 16 Revisiting Federal and State
reported, I am thrilled that RachaelDenhollander, Trademark Registration for
the first gymnast to go public with sexual assault the Cannabis Industry
allegations against Dr. Larry Nassar, has accept- By Scott Sisun

ed our invitation to speak at the Annual Meeting. It was Rachael’s heroic 23 International Licensing of
efforts that lead to Dr. Nassar’s conviction and a $500,000,000 class ac- Entertainment Products
tion settlement with Michigan State University. I met Rachael at the Time By Brenden Macy
100 Gala in New York earlier this year, where she was named by Time 34 LITIGATION UPDATE
Magazine to its 2018 list of the world’s 100 Most Influential People. Michelle M. Wahl, Partner, Swanson,
Martin & Bell, LLP
As I reported in my previous column, the Forum has been busy since our
last Annual Meeting. 44 I Have Absolute Proof!
By: Peter Dekom
In April of this year, the Forum held its Miami Entertainment Law Sym-
posium at the Palms Hotel where we honoured the memory of Richard 46 Float Like A Butterfly, Sting
Like A $30 Million Lawsuit:
Warren Rappaport, a member of the Forum’s Governing Committee, who Muhammad Ali Enterprises
sadly passed away in December of last year. Throws a Haymaker at Fox
with a Right of Publicity
Several members of Forum leadership were at the Grammy Awards in Claim
January as a sponsor of the Grammy Foundation’s Entertainment Law By: Ryan B. Jacobson and
Max B. Goodman
Initiative Writing Competition, at SXSW in Austin and at MIDEM in the
south of France. 50 BOOK CONTRACTS 101—An
ABA Forum on Entertainment
The Forum’s Governing Committee met in Montreal in April for a very & Sports Law Webinar
productive leadership meeting. In addition to discussing Forum business, Transcript
Moderated by Daniel Rogna
the Governing Committee was hosted by the Canadian Olympic Com- Panelists: Evan Gregory and
mittee, the Montreal Canadiens (including a tour of the Bell Centre) and Jason Koransky
Galerie de Bellefeuille, one of the preeminent art galleries in Montreal.
63 Book Review: How to Play
In August, the Forum presented one of the six ABA CLE Showcase the Game: What Every Sports
Programs at the 2018 ABA Annual Meeting in Chicago. The panel was Attorney Needs to Know (2nd
ed.) by Darren Heitner
entitled “The Right (or not) to take a Knee: Social Activism and Freedom By: Blake Yagman
of Speech in Sports and Entertainment.” The moderator of the panel was
ESPN’s Michelle Steele and the speakers were WNBA Player’s Associ- 64 “Be lawyers, think like
lawyers,” A Review of
ation Director of Operations Terri Jackson, National Sports Law Institute Entertainment Law:
Fundamentals and Practice
by Corey Field
By: Laura Schrauth
one area where I truly believe a sports lawyer can dis- useful when attempting to understand potential legal
tinguish himself or herself from someone who merely conflicts specific to different areas of the sports world.
dabbles in sports-related issues.”
How to Play the Game by Darren Heitner is not only
Darren Heitner’s How to Play the Game illuminates an essential read, but an essential resource.
potential legal issues for non-lawyer sports business
Blake Yagman recently passed the bar exam in New York and
professionals who otherwise might not have been
is working as a law clerk with a focus on antitrust law. Blake, a
aware of certain rules, regulations and laws. For graduate of the Cardozo School of Law, writes extensively about
example, in Heitner’s chapter on “Athlete Agents,” he sports law issues.
comprehensively breaks down the legal obligations of
an agent and the regulatory process that is required
for agent licensure. To an aspiring agent, this chap-
ter’s discussion of the penalties for not properly reg-
istering as an athlete agent with your respective state
-- practicing as an agent without state registration is a
felony in some states -- is worth the price of the book
alone.
“Be lawyers, think
For the sports law practitioner, How to Play the Game
is a useful tool to use; it discusses relevant cases in like lawyers,”
every type of law that encompasses sports law as a
whole. The chapters of this book, which are organized A Review of
by different types of law, serve as guidepost for the
cases one would have to otherwise find through legal Entertainment Law:
research. For example, if a sports lawyer wanted to
bring a concussion case on behalf of their collegiate Fundamentals and
athlete-client, How to Play the Game not only pro-
vides an analysis of important cases, but discusses Practice by Corey
strategy of how the NCAA defends concussion cases.
Field
Finally, How to Play the Game is an enjoyable read By: Laura Schrauth
for any sports fan, or for people who are interested in
how sports are impacted by the laws we create as a
society (like myself). Heitner’s case studies provide
illustrative examples of how the law interacts with This past Spring, I was given the opportunity to attend
my first American Bar Association conference as
sports in unconventional ways. For instance, Heitner’s
a Law Student Reporter. After three amazing days
chapter on “Intellectual Property Matters” discusses
observing and learning, I realized that there was still
the nuance of what copyright protection athletes have
a whole world of entertainment law and intellectual
on the tattoos that they get. An issue that superficially property I had yet to uncover. Entertainment Law:
does not seem appear to be a common issue, How to Fundamentals and Practice by Corey Field works as
Play the Game stresses the applicable ways in which the “Rosetta Stone” essential to bridging the gap be-
an athlete would need copyright protection for their tween those with limited experience in entertainment
tattoos — namely, in video games and in movies. law and well-practiced professionals. This treatise is
an excellent resource for law students, practitioners,
The second edition of How to Play the Game is and curious laypeople alike who want to learn more
unique: it provides a practical, yet entertaining guide about entertainment law.
to how one of the world’s most exclusive industries
is crafted by almost every different type of law. This In the Acknowledgments, Mr. Field shares that he
edition of the book includes some of the hottest devel- often instructs his students, “Be lawyers, think like
oping fields within the sports law sphere, including eS- lawyers.” This treatise helps pave the way. In just 359
ports, sports gambling, and drug use in sports. Also, pages, readers are given a crash course in all things
the book provides subchapters that discuss how the entertainment, with each of the text’s eight chapters
law interacts with specific facets within sports busi- dedicated to a different subcategory within entertain-
ness; for example, the book has a subsection dedi- ment law: Film, Television, Book and Magazine Pub-
cated to “Naming Rights.” These subsections prove lishing, Music, Live Theater, Radio, Celebrity Rights of
Publicity and Privacy, and Cyber Law.

Winter 2018 (Volume 34 / Issue 4 | 64
The organization of Entertainment Law: Fundamen- ing, to music for TV and film, to YouTube.
tals and Practice is practical and thoughtful. Mr. Field
begins each chapter with an introduction that includes Chapter 5: Live Theater, includes Broadway Guild
relevant background information and explains what Agreements.
will be included in the chapter’s discussion. The chap-
ters then walk the reader, step-by-step, through each Chapter 6: Radio, discusses radio formats, on air per-
part of the entertainment process, allowing the reader sonalities, and licensing for radio.
a full appreciation for and immersion into the issues at Chapter 7: Celebrity Rights of Publicity and Privacy,
play. covers the state specific rights to privacy and public-
For example, Chapter 1: Film, first introduces the ity, endorsement deals, and social media influencer
reader to “The Life Cycle of a Film.” Before ever deals.
discussing the legal issues or techniques, Mr. Field Chapter 8: Cyber Law, explains the Digital Millennium
breaks down what is necessary to turn an idea into Copyright Act, the Anti-Cybersquatting Consumer Pro-
a film, from development to marketing. The chapter tection Act, domain name registration, and software
also goes into details on financing, taxation, paying licenses.
crewmembers, licensing music, and other core issues
that are not covered in the average entertainment law Every chapter feels like its own, complete law school
class, yet are central to thriving entertainment law course. Whether read as a whole, or by topic-specific
practices. chapter, the text is full of opportunities to learn some-
thing new about entertainment law.
While some treatises read more like casebooks,
Entertainment Law: Fundamentals and Practice Entertainment Law: Fundamentals and Practice has
reads like a survival guide for entertainment lawyers, the information that experienced entertainment law-
especially those new to practice or practice area. yers have learned through years of practice, present-
Cases are used to illustrate points, but do not take ed in a way that the most junior entertainment law
up too much of any section. Information is straight- novice can understand. For the law students, recent
forward and presented with the full legal picture in graduates, and curious minds of every level of mas-
mind. Chapter appendixes include helpful diagrams tery interested in learning more about entertainment
and charts to help drive home the chapter’s important law, Mr. Field’s treatise is a must read. We’ve man-
takeaways. There is a wealth of knowledge within the aged to “be lawyers,” let the “think like lawyers” follow.
pages that enhance the reader’s understanding of
both legal concepts and industry practices, lending Laura Schrauth is a May 2018 graduate of Northern Illinois
perspective from all sides of the entertainment area. University College of Law. Laura served as Lead Articles Editor for
Volume 38 of the Review, where her comment was published in
This is especially helpful for inexperienced students Spring 2018. As an aspiring IP, entertainment, and media attorney,
and new practitioners. Laura served as a Law Student Reporter for the ABA-IPL 33rd
Annual Spring Conference. Correspondence is welcomed: Laura
Although this text is incredibly useful to law students can be found on Twitter @LauraSchrauth17.
and young practitioners, it also includes vital informa-
tion that even the most experienced practitioners can
gain valuable insights from reading. As new mediums
of entertainment and communication become avail-
able, attorneys of all levels need to know how to ap-
proach the growing needs of their clients. This treatise
can help them, too.

Entertainment Law: Fundamentals and Practice, is
in depth and covers a wide variety of entertainment
topics. Some notable subtopics include:

Chapter 2: Television, includes information on stream-
ing for Internet and mobile platforms, reality program-
ming, and even fan fiction.

Chapter 3: Book and Magazine Publishing, includes
information on self publishing.

Chapter 4: Music, covers everything from basic licens-

Winter 2018 (Volume 34 / Issue 4 | 65