23 November 2021

MVVP at digital Midem 2021

On November 17th, 2021 Peter Marx, Partner at MVVP and co-chair Susan Abramovitch, Head of Entertainment & Sports Law, Gowling WLG (Canada) ran the International Association of Entertainment Lawyers Legal Update Session (IAEL) at Digital Midem. Midem is a leading international event for the global music community. During the annual IAEL update session, legal and industry experts report on those recent developments which have had a major impact on the music industry.

This year topics included relevant case law of the Court of Justice of the European Union (CJEU) with regard to synchronizations and neighboring rights (Atresmedia v. Agedi & AIE) and CMO’s tariffs for festivals and competition law (Sabam v. Weareone.world & Wecandance). The panel also had a look at various decisions of the CJEU with regard to the interpretation of the right of communication to the public (Mircom v. Telenet, Peterson v. Google, VG Bild-Kunst v. Stiftung Preuβischer Kulturbesitz) which are relevant for the music industry. Another European topic was the implementation of the Directive on Copyright in the Digital Single Market in the various Member States and the guidance of the European Commission. The speakers discussed the CJEU’s decision in Cyrus v. Miley Cyrus dealing with the issue of celebrity names in trademark applications.

The speakers reflected on recent US copyright litigation of interest such as remixing (Arty v. Marshmello), sampling (Tracy Chapman v. Nicki Minaj) and video game licensing (ABKCO Music v. Roblox Corp.). Furthermore, the seminar touched upon the suit launched against Nirvana by the baby on Nevermind’s cover (Spencer Elden v. Nirvana). Finally, the panel has drilled down on recent hot industry trends with a legal angle including the intensified publishing catalogue acquisition rage (eg Bob Dylan, Neil Young) and M&A in the neighboring rights space (eg Peermusic acquired Premier Muzik and Sony acquired Kobalt).

This year, Susan and Peter introduced the following line-up of speakers :

Sophie Goossens, Partner, ReedSmith (UK and France)

Stephanie Rotelli, Partner, Cosmo Legal Group (Italy)

Tim Cohan, Chief Counsel, Peermusic (US)

Karen Choi, Associate, Haldanes (Hong Kong)

Adam Rendle, Partner, Taylor Wessing (UK)

Kenneth J. Abdo, Partner, Fox Rothschild (US)

Danielle S. Price, SVP, Business & Legal Affairs, 10K Projects (US)

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