Negotiating Tactics and Strategies in Entertainment Industry Agreements

(570 Ratings)

Produced on: January 07, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 93 minutes
Difficulty Advanced

Negotiating agreements in the music, television, and film industries requires industry-specific knowledge as well as a fundamental understanding of client business objectives. The latter is often particularly fraught in the aforementioned industries because certain clients are significantly inexperienced relative to the entities with whom they must negotiate. Attorneys representing such clients frequently wind up playing the role of negotiator, educator, and business consultant.  

 

In this course, attorneys Joseph Bartel and Chris Marino discuss what it means to coach clients, and how to successfully and effectively negotiate on their behalf. Fundamental negotiating principles will be addressed, along with demonstrations of their applicability to entertainment-industry agreements, including, for example, film producer agreements, television talent agreements, and songwriter agreements. 

 

Learning Objectives:

I.     Prepare for the negotiation of entertainment-industry agreements, including: 

  • understanding the client’s objectives, educating the client, and discussing realistic outcomes;
  • knowledge of what the client is selling or buying, and the rights involved therein;
  • setting a Target Point;
  • setting Resistance/Reservation/Walk-Away Points; and 
  • identifying BATNA (Best Alternative To a Negotiated Agreement) and its relevance to Resistance Points

II.    Develop key skills for negotiating entertainment-industry agreements

III.   Identify and apply general principles of negotiation 

Faculty

Joseph Bartel

Persistent Systems

Joseph Bartel graduated magna cum laude from Columbia College in 1999, and he obtained his JD from Yale Law School in 2002. After graduating from Yale, Joseph worked as a commercial litigator at Debevoise & Plimpton LLP, an international law firm based in New York City, where he represented large corporations in regulatory and cross-border business disputes. Since 2005, Joseph has run a private practice counseling start-up and early-growth stage companies and their CEOs. Currently, Joseph serves as General Counsel to Persistent Systems, a pioneering manufacturer of mobile ad-hoc radio networks (MANET) for commercial and government uses. Joseph also runs in-house negotiations workshops for companies throughout the United States, and he teaches for General Assembly and for the Entrepreneurs’ Organization. You can check out a video of Joseph talking about Negotiating Strategies here.

Christopher J. Marino

Giordano Halleran & Ciesla PC

Christopher J. Marino has a bi-coastal law practice providing a diverse array of legal services to entertainment and media industry clients focusing on general commercial and business law, trademark law, copyright law, trade secret law and unfair business practices. He has extensive experience litigating and resolving general commercial and intellectual property disputes, and also provides transactional and business counseling in the areas of copyright, trademark, trade secret, unfair competition and business practices, and general commercial law. Mr. Marino also has experience serving as outside general counsel, advising clients in the area of employment matters, dissolution and wind-down, public communications and relations with media, and general commercial matters. 

 

For the past five years, Mr. Marino has served as a co-chair for the CMJ Music Marathon Entertainment Business Law Seminar in New York City, serving as both a panelist and moderator on numerous occasions in connection with a number music industry-related topics. Mr. Marino also has been selected by Super Lawyers as a New Jersey Rising Star for the years of 2014 and 2015. 

 

Mr. Marino is also a co-founder of and head of business affairs for the record label Capacitor Records based out of Spring Lake, New Jersey. He also serves as the lead guitarist for the New Jersey-based band, Yorkshire Tenth. 

Reviews

LP
Lachelle P.

One of the best presentations. Loved the conversational format.

CM
cassidy m.

interesting conversation format, good written supplements

JW
Jeri W.

They covered a lot of material in a short time. Good negotiating tips for many other areas as well.

RB
Ronald B.

Great to learn some of these applicable techniques. . . .

SM
S.A. M.

This is one of the best courses I sat through on Lawline!

MC
Marcia C.

This was one of the very best Lawline courses I have taken and I have taken nearly 100 hours of courses from Lawline. Thanks.

JK
John K.

The two presenters worked well together in providing different areas of this interesting topic. Thanks for an effective lecture.

DF
Daniel F.

It is a very basic overview program that I would recommend for young lawyers.

CS
Cassidy S.

Most informative CLE ever. Excellent!

RL
Robert L.

Excellent

DF
Deborah F.

Very informative.

LC
Linda C.

Great presentation, applicable to all types of negotiations. Very highly recommended.

SY
Saundra Y.

These guys were great re: tactics and I loved the sample clauses in the materials.

ST
Sean F. T.

Really good presentation.

SB
Scott B.

Great introduction to negotiating entertainment agreements.

SB
Steven B.

Great interaction between the two presenters.

AC
Alexander C.

Liked the dialogue format with two presenters. That works very well. Excellent course!

TH
Tanisha H.

Excellent course.

HG
Henry G.

Good course.

CV
charlene v.

I benefitted from the negotiation strategies and that you must have coyright registration for new works.

TG
Thomas G.

good

VP
Vincent P.

Excellent as a basic course.

PG
Patt G.

excellent presenters!

ES
Elizabeth S.

Both instructors were great!

BV
Bernard V.

Excellent presentation. Thank you

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