2024 USC-BHBA Institute on Entertainment Law and Business

Like the music industry as a whole, the means by which recording artists can make money has also expanded and transformed in the past two decades. For some recording artists, their brand and their audience have evolved into their most lucrative assets. This panel dives into artist branding and partnerships, exploring commercial opportunities and new revenue sources outside the traditional model, from collaborations, artist branded channels, sponsorships, endorsements and new brand launches – with revenues generated from fees, royalties, advertising, minimum guarantees and even, in some cases, equity in the brand and a payday when the brand is sold. We will discuss how these deals come together, the risks and rewards for collaborating with brands and/or financiers of new brands, and some of the related unique business and legal issues.

While Anglo American talent has historically dominated the international record market, in recent years the three major label groups, all headquartered in America, with a collective market share of 77%, have expanded their talent pool to once overlooked populations - and in so doing have enriched the music and cultural choices available to consumers throughout the world. Our panel will discuss the evolving talent acquisition, business affairs and deal structure standards being offered for artists to compete in the global music economy.

Investment in sports teams, leagues, and related properties has never been more robust, with soaring valuations across all major leagues domestically and abroad, transcending both men’s and women’s sports. This panel will explore the legal and business considerations involved in capturing and monetizing live content, with respect to which sports continues to differentiate themselves from other entertainment assets, as evidenced by increasing revenues and viewership numbers. Topics will include how live sports assets are valued in a unique way from traditional entertainment assets through the lens of negotiating media rights deals, the legal and commercial implications surrounding the shifting RSN business, the rise of streaming services and social media, and the risk presented by fluctuation in sports consumption patterns.

Hollywood is embracing artificial intelligence to revolutionize the way movies, television, music, and video games are created, distributed and marketed. From clearances, scriptwriting, and visualization on screen and stage to post-production, songwriting and touring -- AI is reshaping how entertainment is created and consumed. At the same time, governments, guilds and unions are enacting laws and regulations to combat AI’s negative impact: copyright infringement, invasion of privacy, and theft of image/voice/persona. This panel will explore how AI is being used in the entertainment industry, new legislation and regulations which attempt to control it, and provide their thoughts on the future of AI.

Society has witnessed a tangible rise in incivility in public discourse. Divisive and non-factual rhetoric, ad hominem attacks and disrespectful interactions have become commonplace in politics, the entertainment industry and practice of law. In response, the State Bar of California has adopted a new MCLE requirement mandating that California attorneys participate in one hour of civility training for each three-year compliance period.

This panel will provide an overview of the current state of the independent film sector in today’s challenging marketplace, including strategies for selling films at festivals and film markets. The discussion will cover key provisions in dealmaking and drafting agreements which recognize current issues for producers, investors, and other stakeholders. Our focus will highlight trending contractual terms and other legal best practices to help maximize independent film opportunities.

As lawyers we are more and more tasked with primary responsibility for protecting the priacy and persona of our clients. This panel will discuss legal strategies and pro-active approaches to protecting a client’s privacy and persona (brand) in a world of fake news and instantly-spread offenses over the internet and traditional news media.

The financial terms of the deal are set, so now what? This session will bring together a transactional attorney, litigator and profit participations auditor who will cover the core elements of a typical contractual audit provision, as well as walk through the audit process, types of issues found, and how the audit results can guide or impact future negotiations. In addition to providing suggested wording and terminology, this panel will share practical considerations from their experience with recent issues for high-profile clients from both an accounting and legal point of view.

Institute favorite, Jeffrey Cole, will share insights from his ongoing studies tracking current trends in entertainment. The industry is buzzing with activity in M&A and industry adjustments that will affect the entertainment legal practice. Hear how the major players have evolved, where streaming deals may be headed, and what lies on the horizon in entertainment.