Midem Update Session Outline


International Association of Entertainment Lawyers Midem 2018 “Legal Update” Panel Wednesday June 6, 2018 10:00 to 11:30 am


Moral Rights: When Courts Don’t Stop the Music


Moral rights of both authors and performers recently made the front page in France. There is no doubt that they are UN-WAI-VA-BLE. But does it mean they always prevail? As shown by recent French case law, some questions still remain. How can they actually be exercised by authors, performers… or more particularly their heirs? How are they balanced with the freedom of creation of other authors?


Camille Burkhart, lawyer at Nomos (Paris) will provide an overview of the most recent case law in France, including the recent Johnny Hallyday case, for which a first ruling will be rendered on April 13.


Come Ons, Take Downs and Risky Business: How #MeToo can Transform the Music Industry for the Better


#MeToo has morphed from a moment to a movement to a phenomenon but can it bring real and systemic change?   Sparked by sexual assault allegations in Hollywood --the movement has spread to media, hospitality and tech but what effect has it had on the music business and why has there been so little reported? What are the legal ramifications of harassment and what role do  NDAs, corporate policy and overall cultural expectations play? Could something like the AFTRA/SAG Guidelines or an “inclusion rider” be deployed in this business of ours and in what shape would it take? How can the Me Too movement be used to build a better music business?


Monika Tashman, a member of Fox Rothschild’s nationwide Entertainment Practice and a prominent advocate for women in the music industry, will discuss how #MeToo is reshaping the business.


Relief or Censorship: The German Netzwerkdurchsetzungsgesetz (“Hate Speech Law”)


Since October 2017, Germany has enforced a law which demands that social media sites move quickly to remove hate speech, fake news and illegal material. The law has been controversial in Germany with some saying it could lead to inadvertent censorship or the curtailment of free speech. What are the law’s consequences for freedom of opinion and freedom of the press, but also for promotion and marketing in the entertainment business?


Götz Schneider-Rothhaar, entertainment lawyer, managing partner at Fuhrmann Wallenfels in Frankfurt will present and explain the essential provisions of the German Hate Speech Law.


Legal Updates From Across the Pond


Blurred Lines Indeed: Last month the 9th Circuit Court of Appeal affirmed a jury’s $5M verdict against Pharrell Williams and Robin Thicke in a much anticipated ruling. A strong dissent argued that “Blurred Lines” and “Got to Give It Up” were not substantially similar and that the verdict should have been overturned. What does this ruling mean for artists and creators?


Stairway to Where?Led Zeppelin won a copyright lawsuit that claimed they had plagiarized their most famous song from Randy California’s song “Taurus”. A major question in the appeal which could force a re-trial: What are the metes and bounds of the copyright in a piece of music which was recorded in 1971?


Wixen v Spotify:What does Wixen’s decision to opt out of the Spotify class action settlement and instead sue on behalf of its songwriters (Neil Young, The Doors, The Black Keys, etc.) portend for the future of Spotify’s business and the income songwriters can expect from this service?


Kenneth D. Freundlich, U.S.-based entertainment lawyer at Freundlich Law (CA and NY) will present these cases and discuss their worldwide ramifications.




Knowing Me, Knowing You: GDPR in the Music Industry


As of 25 May 2018 the General Data Protection Regulation (GDPR) is applicable to all processing of personal data of EU citizens, and it may have implications for the music industry. Is visitor tracking at concerts and festivals allowed? How should consent be obtained? Can you exclude visitors on the basis of screenings? What kind of European bureaucracy is this anyway? These and other burning questions will be answered.


Marijn Kingma, Amsterdam-based lawyer at the firm Höcker Advocaten will discuss how the GDPR may affect the music industry.


Lessons from the Emerging Nigerian Creative Economy


The Arts, Entertainment and Recreational industries in Nigeria led by the Music and Film sectors contributed about 2.3% to Nigeria’s Gross Domestic Product in 2016. Can these industries become a key economic driver in Nigeria, considering the instability of oil prices and the urgent need to diversify the Nigerian economy? What are the opportunities and challenges in making this a reality?


Isioma Idigbe, head of the Media and Entertainment department at Punuka Attorneys and Solicitors in Nigeria, will provide insight into the push to transform the Nigerian creative industries into a major economic driver.


News from Europe: How Brussels is Redefining the Lines of an Ever-Changing Landscape


Few in Brussels anticipated the difficulties that would come with implementing the Digital Single Market Strategy in the field of copyright. Amidst the uncertainty that still plagues the infamous "value gap" debate,  and while many other aspects of the music business are about to be impacted by upcoming texts and recent decisions of the ECJ, Music Moves Europe, a funding programme dedicated to support the European music industry, has been set in motion.


Sophie Goossens, Counsel at Reed Smith (London and Paris) will provide an overview of what has been at the forefront of European decision makers’ and lawyers’ minds for the past 12 months.


A Change is Gonna Come: Modernization at the Copyright Board of Canada


For too long, the Copyright Board of Canada’s glacial pace and unpredictability have hindered the proper function of the creative industries in Canada, and affected international music businesses operating in the Canadian market. But change is on the horizon, as the Government of Canada recently announced its plan to reform this outdated institution. How will the new regulatory environment promote growth in Canada’s cultural industries, and how will the international music community be affected? 


Graham Henderson, President and CEO of Music Canada, will discuss the Copyright Board of Canada’s modernization process, and how a more efficient and predictable regulatory environment will affect the industry.


Terrorism, Show Cancellations and Contracts: Whose Responsibility is it? 


What are the areas of responsibility under show contracts, the impact of recent terrorist incidents around the world, and how and when does insurance come into play?


Martin Goebbels, Director of Integro Insurance Brokers Limited in the UK will deliver a presentation on insurance claims and the cancellations of concerts as a result of acts of terrorism.