MEDIA ARTS LAWYERS IS A BOUTIQUE ENTERTAINMENT & COMMERCIAL LAW PRACTICE.
Client News
3 days agoAirbourne Top Download Charts Around The World!themusic.com.au
Client News
5 days agoExciting new platform soundhalo launches!www.musicweek.com
Streaming income grows for independent labels in Europe.www.musicweek.com
MAL News
4 days agoA convocation of legal eagles after they shared their knowledge of current happenings in the international music world during the “Barely Legal” panel at MUSEXPO. (L-R) Cliff Fluet (Partner, Media & Entertainment, Lewis Silkin LLP, UK); Paul Spraggon (Founder/Partner, SSB UK); Paul Menes (Principal, Menes P.C.); David Vodicka (Principal, Media Arts Lawyers, Australia); Jay Cooper (Vice Chair, Global Media & Entertainment Practice, Greenberg Traurig, LLP); Milton E. Olin, Jr. (Partner, Altschul & Olin, LLP) and Bernie Resnick (Founder, Bernard M. Resnick Esq., P.C.)
Interesting Fact
Last monthTomorrow is World Intellectual Property Day World Intellectual Property Daywipo.int
Client News
Last monthDead Letter Circus sign with UNFD prior to the release of the band’s second album. We at MAL can’t wait to hear the record when it’s released in May!themusic.com.au
Be sure to tune in…
Via @ Triple J Unearthed: Julian Hewitt is a music lover and music lawyer – today Rosie picks his brain with ‘tips for young players’ – what should music makers look out for so you don’t get into a legal pickle? Stream it here from 4pm Triple J Unearthed
Worth Noting
Last monthPPCA Artist registrations for 2013 close August 31, so if you haven’t registered your recordings by that date, you won’t be able to collect your performer income. More information in the PPCA newsletter.www.ppca.com.au
Happy Record Store Day! What gems did you buy?
Client News
Last monthA refreshing new approach from Mark Richardson with the launch of his new singles label Monocarpic. “Monocarpic will create a partnership contract with the artist(s) to release one single… no restraint or commitment for either party beyond the single release. Monocarpic will produce, market and distribute the release… profits will be split 50/50.” Check out the first release from Jack Byrnes now www.tonedeaf.com.au
Interesting Article
Last monthSwedish musicians go at it, although the subject of the lawsuit is perhaps less commonplace…www.dailytelegraph.com.au
Industry Gossip
Last monthDoes a certain major music company have a drug problem?www.billboard.com
Client News
Last monthCongratulations to a truly nice guy, Mr Tim Morrison, for making it through the auditions and onto Team Delta on The Voice 2013 – Take a read of Tim’s story and check out his amazing performance from last nights show.
Client News
Last monthThe top 30 nominations for the 2013 APRA Song of the Year have been announced! Established in 1991, this award is all about songwriters recognising the outstanding achievements of their peers and honouring the craft of songwriting. If you are an APRA member – you should vote now! Congrats to all nominees – but naturally, we reserve our solicitor-client love for these nominations in particular:
• Bad Reality (By Amy, Hannah, Sarah & Holly Findlay. Performed by Stonefield)
• Clair De Lune (By Hugo Gruzman & James Lyell. Performed by Flight Facilities)
• Easy Way Out (By Wally De Backer. Performed by Gotye)
• Elephant (By Kevin Parker & Jay Watson. Performed by Tame Impala)
• Everyone’s Waiting (By Missy Higgins & Daniel Wilson. Performed by Missy Higgins)
• Feels Like We Only Go Backwards (By Kevin Parker. Performed by Tame Impala)
• History Eraser (Written & performed by courtney barnett)
• Holding On (By Flume & O. Redding. Performed by Flume)
• Home (Written & performed by Troy Cassar-Daley)
• My Gun (By Scott Baldwin, Izaac, Samuel & Elliott Margin, & David Kahne. Performed by The Rubens)
• Passerby (By Patrick Davern & Phil Jamieson. Performed by Grinspoon)
• Save Me (By Wally De Backer. Performed by Gotye)
• Set Me On Fire (By Missy Higgins, Butterfly Boucher & Daniel Wilson Performed by Missy Higgins)
• When The Moment Comes (By Mia Dyson, Erin Sidney & Patrick Cupples. Performed by Mia Dyson)
• Your Love (By Daniel McGorry. Performed by Saskwatch)
• Youth In Trouble (By Julian Hamilton & Kim Moyes. Performed by The Presets)
Industry News
Last monthCongratulations to Chelsea Jane for winning the Hilltop Hoods Initiative! Chelsea Jane will receive legal advice from our very own, David Vodicka, as part of her prize back which will no doubt assist her with “the amazing opportunities the initiative hopes to create for her”. Well said, MC Suffa, well said.themusic.com.au
“Indies have no ability to affect price on the major digital service providers”.
Read David Vodicka’s comments on the issue here:www.tonedeaf.com.au
Client News
Last monthSeth Sentry plays ‘Dear Science’ on Jimmy Kimmel Livewww.themusicnetwork.com
Interesting article
Last monthCan you re-sell your mp3′s via a digital marketplace? Apparently not according those folks in the US of Awww.tonedeaf.com.au
Interesting article
Last monthDid you know Sony, Universal, and Austereo own the new streaming service Songl?www.musicweek.com
Client News
Last monthGo Seth Sentry! www.theage.com.au
We advise some of the industry’s biggest and brightest.
Our clients include top-level artists, composers, tv and film talent, entertainment and media companies, venues, managers, agents and Billboard #1 artists.
Music
Our core business developed within the music industry, so we can assist with everything from basic advice to deal negotiation to drafting agreements to dispute resolution. Our clients include musicians, bands, songwriters, composers, producers, festivals, agents, managers, labels, publishers, distributors and content providers. We have firm links with European and North American legal firms, and strong relationships with labels and music properties both there and in Japan. Staying true to our roots, we give pro bono advice to members of Arts Law and the Association of Independent Record Labels.
Our expertise includes:
- Recording, publishing, licensing and distribution deals;
- Sample and music clearances;
- Management and agency contracts;
- Sponsorship and merchandising;
- Performer, producer and composer rights, agreements and releases;
- Live performances and touring;
- Financing;
- Digital and new technology advice.
Television, Film and Theatre
The ever-evolving TV, film and theatre industries bring their own unique complexities. Our clients include TV hosts, actors, media personalities, talent management entities, production companies, directors, writers, animators, composers, and distributors. We’re also legal counsel for the Melbourne International Film Festival.
Our expertise includes:
- Talent, performers and key-creatives’ rights, agreements and releases;
- Music clearances and composer agreements;
- Television Format rights;
- Chain of title;
- Script options and purchases;
- Distribution, broadcast, syndication rights and deals;
- Production and co-production;
- Merchandising and sponsorship;
- Rights acquisition and management;
- Venue hire, stage shows and touring.
Digital and New Media
The boom of the digital world brings with it a host of decidedly real-life legal issues. We assist individual clients, as well as music and film digital service providers (DSPs), app developers, gaming companies and major multinationals.
Our expertise includes:
- Rights clearances for DSPs – streaming, subscription, on-demand, download;
- Multi-media, digital and new technology services;
- Cybersquatting;
- Local (Australia/NZ) compliance for international companies;
- User generated content;
- Website and service terms and conditions;
- Privacy Act compliance and policies;
- Spam Act compliance and policies;
- General advice in relation to the Australia/NZ market;
- Strategic alliances and partnerships.
Design, Fashion &
Creative Arts
No matter how big or small your creative arts business, it’s crucial you properly protect your brand and designs. MAL acts for leading graphic design firms, fashion designers, photographers, painters, sculptors, commercial galleries and industry organisations, as well as providing pro bono advice to the AIPP.
Our expertise includes:
- Commissioning agreements;
- Gallery-artist relationships;
- Exhibition and touring;
- Consultant, designers’, employment, agreements, and standard terms;
- Copyright and designs law, moral rights;
- Obscenity, sedition and censorship;
- Model releases;
- Master services agreements.
Intellectual Property &
Trade marks
Intellectual property is the backbone of our practice. Whether it be creation, ownership, registration, transfer, licensing or protection of intellectual property, we give our clients the assistance they need to protect or assert their intellectual property interests.
Our expertise includes:
- Copyright ownership, assignment, licensing;
- Trade Mark applications, objections, registrations and enforcement;
- Moral rights;
- Intellectual property rights protection and enforcement;
- Book and online publishing deals;
- Protection of confidentiality and other restraints;
- Idea development;
- Litigation and other enforcement strategies.
Corporate and Commercial
From seed-of-an-idea innovators to major multi-nationals, we have a strong commercial practice. We regularly give expert support on a broad range of commercial and corporate matters.
Our expertise includes:
- Establishment, purchase, sale and
restructure of corporations, joint
ventures, partnerships; - Strategic transaction advice;
- Commercialisation of creative projects,
funding agreements; - Corporations Act advice and compliance;
- Shareholders’ agreements;
- Purchase and divestment of commercial
assets; - Commercial leases;
- Trade practices law;
- Confidentiality agreements;
- Commercial agreements relevant to
specific industry needs, including
licensing, distribution and agency
agreements; - Competition (games of skill and chance)
advice, compliance and agreements.
Defamation & Image Rights
Despite Australia not having any recognised ‘rights of publicity’, we have extensive experience on advising on matters of defamation (both pre- and post- publication), as well as protecting image rights. Our clients include authors, journalists, television and sporting personalities and musicians.
Our expertise includes:
- Defamation pre-publication;
- Defamation post-publication;
- Passing off;
- Endorsements;
- Sponsorships;
- Image protection mechanisms;
- Litigation and dispute resolution.
Ancillary Matters
Our clients often need legal assistance with matters outside of the entertainment industry, and we regularly advise on property and estate matters.
Our expertise includes:
- Property Conveyances;
- Leases;
- Mortgages;
- Purchase and divestment of property
assets; - Wills.
Client List
Our clients include (in no particular order): Gotye, Hilltop Hoods, Matt Preston, MIFF, Missy Higgins, Rdio (Digital Music Provider), Chrissie Swan, Frequency Media Group, Drapht, Kimbra, Boy & Bear, Cut Copy, Native Tongue Music Publishing, Tame Impala, Spunk Records (Record Label), The Jezabels, The Presets, Stereosonic, Dicko, AIR, Bob Evans, Karolina York (Print Design Studio), Chet Faker, Josephmark (Digital Design Agency), Justin Smith (Photographer), Karnivool, Kooyong Classic (Tennis Tournament), 5 Seconds of Summer, Jinja Safari, Jen Cloher, Avalanche City, Amity Affliction, Sietta, The Grates, Puppetry of the Penis, Illy, DZ Deathrays, Saskwatch, The Medics, Nelly Thomas (Comedian), Big Scary, Ampersand (Literary Journal), Brous, Gossling, One Love (Record Label), Violent Soho, White Sky Music (Bookkeeping Services), Dan Kelly, Future Classic, Architecture in Helsinki, BAM Brick & Mortar Brands (Fashion Brand Management), Turntable FM (Digital Music Provider), Peter Maddison (TV Host and Architect), Mucho Bravado (Artist Management), Redcoats, Dane Rumble, Drew Berry, Oliver Tank, Soulmate (Record Label), Nice Bike (Production Company), Sally Seltmann, Pond, PVT, 3MBS (Radio Station)… and more.
We know there’s an art to doing business.
That’s why we think creatively. We don’t just do the paperwork, we work out the best possible strategic solutions to structure a deal that is better than the norm.
As well as having over 20 years experience dealing in all facets of creative industry law, David is director of independent label Rubber Records and music publisher Rubber Music Publishing. A passionate advocate for local music and creative industries, David chairs the board of Australian Independent Record Labels Association, is Vice President of Worldwide Independent Network, and is a board member of Melbourne International Film Festival, Australia Recording Industry Association and the Phonographic Performance Company of Australia.
Stephen practices in all facets of commercial and entertainment law; with a particular focus on music and television talent representation. Stephen combines his legal knowledge with his vast experience in the music industry, including in private practice in the UK representing major artists, labels and the Musicians Union and in Australia as the Business Affairs Manager for Festival Mushroom Records. Stephen is a supporter of local music and provides pro bono services to Music NT and Arts Law members. Stephen is also Director of Ink Music Publishing.
Julian represents high profile musical talent, managers, labels, publishers, events and start-ups, and with a large overseas network has been instrumental in setting up international deals for his clients. He has been a musician signed to major and indie labels, and has a post-grad degree in corporate finance. In addition to his extensive music law practice, Julian represents film and television projects, studios, creative agencies, celebrity talent, media and tech companies, events, designers, and NGO’s.
Romani has worked in the creative industries for many years, most recently at the Melbourne firm of Dwyer & Co. Romani is a practicing artist specializing in mixed media sculpture, with particular attention to incorporating bronze and glass in her work. Romani works as a consultant at the firm and offers her services to visual artists. She is a founding member of the Key of Sea charity album and a board member of Northcity4, a studio and educational organization in Brunswick. Romani is currently completing her masters on the Australian art market.
Marcus has experience in both litigation and commercial law having practiced in Australia and the UK. Marcus has represented artists, managers, labels, publishers and producers from the UK, North America, Europe, Scandinavia, India and Australia. He is a keen musician and has a particular interest in working with new and emerging artists. Marcus also holds a Bachelor Degree in Commerce majoring in Finance.
Yasmin practises in commercial and entertainment law, particularly in relation to new media and design; representing local and international digital service providers (DSPs), developers and design companies. In addition, Yasmin advises musicians, film makers, producers, managers, fashion designers, photographers and radio stations in relation to a broad range of legal issues. Yasmin has extensive commercial experience having transitioned to law after a career in business brokerage and currently as the Business Affairs Manager for Rubber Records. Yasmin holds a Juris Doctor (hons) and an MBA.
Kylie has experience in both commercial and entertainment law representing artists, managers, publishers, distributors, not-for-profit organisations, independent record labels and production companies. Kylie is also responsible for the firm’s trademark matters and has extensive experience in commercial and residential property transactions. Kylie is an advocate of animal rights and has been a volunteer at the RSPCA since 2008. Kylie holds a Bachelor Degree in Commerce majoring in Economics and Finance.
Maria Amato is the firm’s CFO. With over twenty years' experience in the entertainment industry, Maria is a Board Member of Music Victoria and the principal of Results Management - a company she setup in 1994 to provide CFO and bookkeeping services to a broad range of clients. Maria also provides forensic accounting services and has successfully delivered innovative solutions to streamline business processes, cut costs and increase profitability.
Say Hello
Feel free to phone, email or make an appointment to see us.
Our normal office hours are between 10.00 am and 6.00 pm.
Clerkships
Inviting applications for 2013. Apply here.
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