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October 17, 2013

Time: 11:30 a.m. - 1:45 p.m.

INTERNET RADIO: Conquests and Controversies

Internet radio is the future, a new conquest for putting music in front of the public, with fan interest shifting to streaming services such as Pandora, Spotify, and many others, including new players like Apple's iTunes Radio.  Both music publishers and record labels have been deeply involved in the rate setting process and negotiations with web radio, but many controversies have emerged over royalty rates and structures. 

The controversies are playing out on several fronts, including Copyright Law, Federal court, the PROs, and private negotiations.  This panel will explain everything you need to know about web radio: how royalties are structured, what they are, who receives and who pays, and what the future may hold.  Please join us for what promises to be an exceptionally timely and important event.  

Panelists

Timothy A. Cohan, Esq.
VP Legal & Business Affairs, peermusic

Tom Leykis
Radio Personality & Internet Radio Owner (The Tom Leykis Show)

Kenneth Steinthal, Esq.
Partner, King & Spalding (Attorneys for Pandora Radio)

Moderators

Corey Field, Esq.
Of Counsel, Ballard Spahr LLP

AIMP Panel

Place: View Map
Lawry's The Prime Rib
100 N. La Cienega Blvd. (near Wilshire)
Beverly Hills, CA 90069

 

From left, Kenneth Steinthal, Timothy Cohan, Tom Leykis and Corey Field.

 

 

Photos by Liz Redwing, courtesy Lawry's The Prime Rib, Beverly Hills. 

 

Additional Speaker Information

Tim Cohan is the Vice President of Legal and Business Affairs for the US Peermusic companies, negotiating and drafting a range of publishing, acquisition, licensing, joint-venture, and other agreements. In addition to handling all in-house transactional work and litigation supervision, Tim has been an active representative of Peermusic in various industry working groups, discussions, and negotiating committees. He focuses closely on international licensing issues arising among the various US and worldwide Peermusic companies, particular in the realm of newly emerging digital models. Tim has been in the music business for fifteen years, both at Peermusic and as an independent music professional. He received his B.A. in comparative literature from Williams College and a J.D. from Columbia Law School, where he was a Stone Scholar, Executive Notes Editor of the Columbia Journal of Law and the Arts, and a recipient of the Harold D. Fried Memorial Prize for his 2010 Note, “Notice of Intention to Use and the Compulsory License in the Digital Era.”

Tom Leykis started out in radio by winning a contest in 1970 for a one-time radio appearance in Long Island. He did such a good job on the air that they asked him back several times to fill in. In the late 1970s he had his own cable public access program in Manhattan, NY. He got his his first paying radio job as an overnight personality at New York radio station WBAI in 1979. To help make ends meet, he had odd jobs such as a stand up comic, researcher for a CBS late night show, columnist for the SoHo News, and telephone solicitor for real estate investments. He moved to Albany, NY in 1981 to do an evening show five times a week. The station wanted someone controversial, and Leykis was just that. Some listeners sent in angry letters, but his ratings soon earned him the morning drive slot and a position as program director. Tom is known for talking about his personal life on the radio and telling his listeners how he failed four marriages and now advises men NOT to marry women when they are young and to learn from his mistakes. The Tom Leykis Show has topped the ratings in recent years in the key demographic market of 18-49 year old white collar workers in the upper-middle class. However, Leykis states that the callers on his program are not the same as his listeners. He has actually said multiple times that the people that call in and who wait on hold for 30 minutes to talk to Tom live asking obvious questions are usually blue-collar workers who he describe as "losers." The free-for-all subject matter and large crowds leads to a rowdy atmosphere on Friday shows. "Flash Friday" is another significant part of Friday shows. During "Flash Fridays", men are told to turn on the headlights of their cars to indicate that they are Leykis listeners, and women are encouraged to flash their breasts to male listeners.

Kenneth Steinthal is a partner in the Intellectual Property Practice in the firm’s San Francisco office. He has more than 30 years of experience litigating matters in the IP/media sector and several other industries, both in jury and bench trial settings, in the U.S. federal and state court settings (including appellate proceedings), before copyright tribunals in the United States and internationally (where he has earned “rights of audience” to represent his clients), and before other arbitral bodies around the world. Mr. Steinthal’s litigation and trial experience spans a number of industries and disciplines, including: media, entertainment and sports; consumer class actions involving false advertising and unfair business practices; antitrust litigation; real estate/hospitality industry matters; and trade secret/fraud/unfair competition cases. He has particular experience in litigating copyright infringement and antitrust/rate-setting claims in cases involving the distribution of audio and audiovisual content via both traditional and new media (e.g., mobile and internet) distribution means; these engagements often have involved, inter alia: the construction and application of provisions of the Digital Millennium Copyright Act (including statutory license and safe harbors thereunder); and federal court/copyright tribunal proceedings in the United States and abroad establishing structures and rates for the exploitation of musical works in both traditional (e.g., cable, satellite, broadcast) and new media distribution environments.

Corey Field concentrates on copyright and entertainment law, including copyright litigation, licensing, and registration; trademark registration and litigation; and media law, including advertising law, FTC compliance, and the right of publicity. Mr. Field is the Principal Author of the treatise "Entertainment Law: Forms and Analysis," published by Law Journal Press, New York (updated annually), and from 2010 to 2012 served as President of The Copyright Society of the U.S.A. Among those clients Mr. Field has represented in intellectual property matters are an international music publishing company; a major-label record company and its music-publishing affiliate; composers of film, concert, and operatic works; recording artists; symphony orchestras; concert and multimedia presenters; the estate of a Broadway composer; the estate of a novelist and screenwriter; independent and documentary filmmakers; television advertising production companies; cable television production companies; a live-concert website; a computer-game website offering digital delivery of music; book and magazine publishers; software companies; direct response advertising companies; a celebrity-endorsement marketing company; a Major League Baseball franchise; a cable television sports network; a producer of staged musicals; and a broadband Internet service provider. Mr. Field is the immediate past President of The Copyright Society of the U.S.A. (New York). He currently serves as a Trustee of the Marlboro Music School and Festival (Vermont), as a Trustee of the Kurt Weill Foundation for Music, Inc. (New York), as a member of the BMI Foundation, Inc.'s Advisory Panel, and as a member of the Grammy Foundation's Entertainment Law Initiative Advisory Committee. He formerly served as Treasurer of the American Music Center (New York), as a Governor of the Philadelphia Chapter of the Recording Academy, and as a board member of the Music Publishers' Association of the United States. Mr. Field has been widely published in scholarly journals and media industry publications on the subjects of copyright, entertainment, media, and advertising law, and has also been a guest commentator on television programs. He is the editor and author of several published and recorded musical compositions and arrangements. Mr. Field teaches a course in the Entertainment Studies Department at UCLA Extension titled "Copyright Law in the Entertainment Industry."

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