In The News

Yazoo Brewing Company Named to Conde Nast Traveler’s Best Airport Foods in the World

Nashville has become known for its burgeoning food and beverage scene. Accolades made news in Conde Nast Traveler this week. Three world travelers, known for their discriminating palates, ranked the best foods found in airports around the world. Yazoo Brewing Company’s draft beer stand, located in concourse C at the Nashville International Airport, made the list. Nationally famed chef Jonathan Waxman, an owner of Adele’s in Nashville, said, “I love that you can walk up and get a killer beer to enjoy with your barbecue.”

Bone McAllester Norton’s Alcoholic Beverage Law team represents the airport, Yazoo and Adele’s.

Read the full list from Conde Nast Traveler here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Second Annual Music City Food + Wine Festival Considered a Success

This past weekend, the Music City Food + Wine Festival took place in downtown Nashville, featuring some of the city’s best restaurants, brewers, distillers and vinters plus great music. By all accounts, the second annual event can be counted a success. Organizers hope to tap into the synergy happening in Nashville’s cultural scene, and with ticket sales up 40 percent from last year and half of the attendees coming from out of town, the Tennessean reported that the strategy for boosting attendance seemed to work.

Bone McAllester Norton’s Alcoholic Beverage Law practice provided the appropriate licensing for the event.

Read the full Tennessean article here.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Bonelaw’s Alcoholic Beverage Attorneys Weigh in on Confusion of Tennessee’s Liquor Laws

William T. Cheek III and Robert D. Pinson, of Bone McAllester Norton’s Alcoholic Beverage Law practice, are featured in an article on MetroPulse.com regarding the confusion of liquor laws in Tennessee. Title 57 outlines the state’s mandates on all things alcohol-related, and, as the article points out, anyone in the industry finds the rules confusing, contradictory and in need of a redo.

“I would love to rewrite all of Title 57,” Pinson told the reporter. “I think that’s something that a lot of people want, but no one wants to do the work.” One area in particular that needs a revise, Pinson said, is the Tennessee Alcoholic Beverage Commission’s budget. “If they had more staff, there wouldn’t just be more enforcement, they could offer more education so maybe there would be less confusion over some of these laws.”

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Stephanie Taylor Discussed Independent Record Deals at the Americana Music Festival

Nashville entertainment attorney Stephanie R. Taylor, head of Bone McAllester Norton’s entertainment law practice, served as a panelist at last week’s Americana Music Festival’s conference. The American Bar Association’s Entertainment Law Division presented “Independent Means” for the conference, where Taylor and other panelists discussed the ins and outs of record labels for non-signed artists in genres like Americana, Roots, Alt-Country and Bluegrass. Taylor specifically highlighted common pitfalls found in record deals, shedding light on  how attorneys can help these artists avoid them.

The event was approved for CLE credit.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Deloitte, Bonelaw Team Up for Corporate eDiscovery Conference

Corporate leaders are invited to join Deloitte and Bone McAllester Norton for an Electronic Discovery Luncheon and Seminar on Thursday, Nov. 20, at the Omni Nashville Hotel. This seminar will provide insights on the latest developments in eDiscovery and issues impacting corporate counsel. Discussion topics will include legal obligations related to identification, preservation and collection; a how-to on collection of data residing in the cloud, on mobile devices and more; and global legal issues impacting cross-border litigation.

Bonelaw attorney James A. Crumlin, Jr. will be one of the panelists. This event has been approved for five hours of CLE credit.

Due to limited space, interested parties should register as soon as possible. Contact Colette Savage to reserve your spot.

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Bone McAllester Norton Adds Attorney and Former Assistant Commissioner for International Affairs and Former White House Fellow

NASHVILLE - Bone McAllester Norton PLLC announced today that Samar S. Ali has joined the firm. An international lawyer and former White House Fellow, Ms. Ali also served as Assistant Commissioner for International Affairs in Tennessee Governor Bill Haslam’s administration.

At Tennessee’s Department of Economic and Community Development, Ms. Ali created a five-year international strategic plan for job growth among small- and medium-size enterprises and opened and managed investment recruitment and export development offices in key locations around the world. At Bone McAllester Norton, she will focus on International, Corporate, and Administrative Law. She also will focus on conflict resolution and mediation work, remaining active in private diplomacy.

“We are delighted to welcome Samar Ali to our firm,” said Charles W. Bone, founder and chairman of Bone McAllester Norton.

“She is an amazing attorney with tremendous energy and passion for strengthening our communities and helping people,” Mr. Bone said. “Throughout her career, she has been focused solely on making a positive difference. Our clients will be the beneficiaries of her commitment and extraordinary global experience.”

Ms. Ali said today she is eager to join Bone McAllester Norton.

“I feel honored to join Bone McAllester Norton and be a part of the firm’s rich history of meaningful contribution to the Middle Tennessee community,” she said. “Nashville is increasingly becoming an international city, and I look forward to contributing to this development in any way that I can in my new role with the firm.”

Chosen as a White House Fellow in 2010, Ms. Ali worked on foreign and domestic policy issues relating to national security. She served as an advisor on the senior staff of U.S. Department of Homeland Security Secretary Janet Napolitano, stationed in both Washington, D.C. and Doha, Qatar. Ms. Ali was also an associate attorney focused on corporate law with the law firm of Hogan Lovells US LLP, where she worked in the firm’s head office in Washington DC and also in the United Arab Emirates, where she established that firm’s office in Abu Dhabi.

Ms. Ali is a graduate of Vanderbilt University (B.A.’03), where she served as Student Body President, and of Vanderbilt University Law School (J.D.’06). She serves as a member of the Vanderbilt University Alumni Board, Vanderbilt University Law School Board of Trust, International Business Council of the Nashville Area Chamber of Commerce, the Tennessee Justice Center Board of Directors, and the Junior Board of Women in Numbers. She is also an Adjunct Professor with Vanderbilt University, where she teaches courses in international relations.

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters.   Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, call 615-238-6300.

Nashville Scene Reviews Smokin Thighs

The Nashville Scene’s Chris Chamberlain visited one of Bonelaw’s clients last week and chimed in on what all the hype is about. Smokin Thighs, which has had tremendous success as a food truck venture, has opened a brick-and-mortar location at 611 Wedgewood Ave., and as Chamberlain noted, they are on fire. Smoked chicken is the staple on the menu, prepared various ways and served alongside mac-and-cheese, corn and other non-fried side dishes. Diners can enjoy thighs, wings and legs with an assortment of sauces and rubs. In addition, the owner has added a few new items to the menu, including chicken burgers, a chicken wedge salad, a loaded baked potato salad and chicken nachos. Smokin Thighs currently serves high-gravity beers and liquor, and the firm’s Alcoholic Beverage Law practice is working to secure the appropriate permit for them to serve regular beer.

Read Chamberlain’s full review here.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Doing Business with Foreign Suppliers or Manufacturers? Beware Their Illegal Practices

By Bryan E. Pieper

Yesterday, the 9th Circuit Court of Appeals held that Nestle, Archer Daniels Midland and other companies that sell chocolate from Africa can be sued for importing cocoa harvested by child slave laborers in the Ivory Coast. Three former child slave laborers sued the defendant food manufacturers for allegedly using and selling the product of their slave labor, under a 1789 law allowing suits in U.S. courts for violations of international human rights.

The trial court dismissed the lawsuit, holding that the law did not apply to the defendant U.S. corporations’ alleged involvement in the illegal activities that occurred abroad. The Court of Appeals disagreed, holding that they could be sued in U.S. courts if their actions in the U.S. substantially contributed to human rights violations overseas.

The defendant companies argued that they were simply searching for the cheapest sources of cocoa. Writing for the dissent, Judge Johnnie Rawlinson agreed, arguing that the U.S. companies should not be held liable to the former child slave laborers for the abuse done to them by companies in Africa because the lawsuit did not show that the U.S. companies “acted with the purpose of aiding and abetting child slave labor.” Rather, their motive was merely to increase profits by obtaining cocoa from the cheapest source available.

The majority rejected this argument and reinstated the case, arguing that the defendant companies knew the suppliers were using child slave labor but did nothing to end it or even to stop using those sources. Writing for the majority, Judge Dorothy Nelson argued that the plaintiffs’ allegations were sufficient to establish that the defendant companies willingly accepted the benefits of slave labor, writing “Driven by the goal to reduce costs in any way possible, the defendants allegedly supported the use of child slavery, the cheapest form of labor available,” and that they “placed increased revenues before basic human welfare.”

You can find the entire court opinion here.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Attorney Liens: Because Every Lawyer Should Get Paid

I talk a lot about liens as a good way for a creditor to get paid. In state courts and bankruptcy courts, there often are two lines formed: one for those with liens, and the other for those without liens. And you can guess which one leads to the money.

Under Tennessee statutes, there are liens for all kinds of people: mechanics, artisans; dentists; jewelers; shoe repairers; cotton ginners; lithographers; baggage claim folks...just to name a few.

But let's talk about attorney liens today.

Under Tenn. Code Ann. § 23-2-102, an attorney who files a lawsuit "shall have a lien upon the plaintiff's or complainant's right of action from the date of the filing of the suit." (Or, per Tenn. Code Ann.  § 23-2-103, the attorney has a lien from the date that the attorney starts work on the case.)

This lien extends to two types of property. The first is a "retaining lien," which gives the attorney the right to retain a client's books, papers, or money coming into his possession during the matter until the client pays. The second is a "charging lien," which is a lien for payment of fees against the judgment or recovery obtained in a case. For a good review of this, see Starks v. Browning, 20 S.W.3d 645, 650 (Tenn. Ct. App. 1999).
There's some old caselaw out there that suggests that the attorney must have the lien noted in the Judgment to be valid. The Starks case above (involving the venerable Nashville lawyer, Bart Durham) says that requirement is not in the statute and is just an odd creation from old caselaw.
 
But, I say that it's a good practice to note the attorney lien any- and every-where (in judgments, in notices filed with the Court, notices recorded in the Register's Office), but it's not legally required.
 
The statutes above don't cover all situations where an attorney might have a lien; in fact, other specific statutes, like worker's compensation matters, may have their own special rules. Additionally, nothing would stop a collection minded lawyer from obtaining a consensual lien as part of his or her client engagement documents, particularly where client resources may eventually be scarce.
 
Long story short, the attorney lien statutes are probably narrower than you thought they were, granting a lien generally only the lawsuit filed by the attorney. Any other, broader liens to secure repayment must be granted or taken under other statutes (judgment liens, consensual liens).

 

Local Chefs Say Farm to Table Movement is Not Just a Fad

Bone McAllester Norton’s Alcoholic Beverage Law practice works with many of Nashville’s farm to table restaurants, including Sunset Grille, Farm House, Adele’s, Table 3, Fido, Bongo Java and Husk. The Tennessean interviewed several chefs, owners and farm supporters in a story about the movement that brings local meats, cheeses, milk and vegetables to restaurant tables across the mid-state. Farm to table may be a movement that consumers are fatiguing of, but supporters say the need to know where food comes from is not a fad and is something they are working to continue and improve.

Click here to read more.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Where Is My Wine in Grocery Stores, Protecting Your Copyright & More

Bone McAllester Norton has important updates and announcements to share with you, our valued clients and friends, in our latest newsletter. Click here to read the latest on wine in grocery stores, which of our attorneys were named "Best Lawyers" and the advice Stephen Zralek gives about protecting your copyright.

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

iCitizen Appears on MSNBC’s Morning Joe

Bone McAllester Norton client iCitizen was a feature today on MSNBC’s show Morning Joe. Duncan Dashiff, the founder, chairman and CEO discussed the nonpartisan mobile app’s capabilities, which include informing users on political issues, allowing users to share their views and tracking how politicians vote. The show’s host, Joe Scarborough, described the app as “a civic GPS tracking device.”

Click here to watch the clip.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Dozen Bakery will Open its First Shop

Bone McAllester Norton client Claire Meneely announced to the Tennessean that she is opening her first brick-and-mortar shop in the Wedgewood-Houston neighborhood of South Nashville. Located at 516 Hagan St., her Dozen Bakery will continue to serve the handmade sweet treats fans have loved for many years, as well as fresh breads, breakfast items, salads and sandwiches.

Read more about her plans here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Music Without Borders by Stephanie Taylor

By Stephanie R. Taylor, Esq. with the assistance of Katie Garro McCain, Esq.
*This article first ran in the August 2014 Nashville Bar Journal

I grew up on a small, picturesque farm in rural South Dakota.  I loved all types of music, and as an aspiring fiddle player and violinist, I was always looking for musical inspiration.  Needless to say, large music tours didn’t typically route through my hometown.  As a result, radio was my only means of musical discovery.

In recent years, technology has opened doors to musical discovery in a variety of ways.  One significant change is that music fans are able to stream live audiovisual performances of concerts from their home computer or mobile device and view those concerts from nearly anywhere in the world.  Streaming technology has made it possible for artists and venues to access and connect with music fans throughout the world in an authentic way.  This technology is used locally by Music City Roots and has been embraced by brands as prominent as the Metropolitan Opera.  These venues are now able to connect with fans at an international level while building their brands. While this technology will never replace the live concert experience, it will undoubtedly connect music fans to artists and venues in a way that was previously not possible.  Of course, with the advent of technology comes the challenge of complying with copyright law.  This article analyzes the copyright law issues that impact the various individuals and companies whose rights are impacted by streaming technology.

Copyright Basics

In order to understand the rights impacted by live video streaming of concerts, it is important to begin with an overview of copyright law as it relates to the applicable rightsholders.

1. The Musical Work Copyright

In every recording of music, there are two separate and distinct copyrights involved.  The first is the “musical work” copyright.  While the U.S. Copyright Act (the “Act”) does not define “musical work,” a musical work is understood to be the musical composition or song, including the words and instrumental components of that song.[i]  The authors of musical works are the songwriters or composers.  In many instances, a musical work author transfers or assigns ownership of the musical work copyright to a third party music publisher.  In other instances, songwriters retain ownership of their musical work copyrights and become their own music publisher.

2. The Sound Recording Copyright

The second type of copyright is the “sound recording” copyright.  Sound recordings are defined in section 101 of The Act as the “work(s) that result from the fixation of a series of musical, spoken, or other sounds.”[2]  Put more simply, a sound recording is the audio recording of the underlying musical work. The authors of a sound recording are the performers whose performance is recorded.[3]  However, if the recording artist is signed to a recording agreement, the record label will own the sound recording copyright.  In some instances, recording artists may act as their own record label, retaining ownership of their sound recording copyright.

3. The Motion Picture Copyright

A third copyright exists when a concert is recorded in video format because the video producers are creating a “motion picture” which is defined in section 101 of The Act as an audiovisual work, “consisting of a series of related images…together with accompanying sounds, if any.”[4]  As a result, the video producers are the authors and owners of the motion picture copyright.[5]  If any person or entity other than the video producer wishes to own copyright in the audiovisual content (i.e. the venue, artist, or record label), then that person or entity should enter into a written work for hire agreement with the video producer prior to the live stream.[6]  The party who desires to own the motion picture copyright may also acquire those rights through a written assignment of copyright, but a work for hire agreement is typically the preferred method of ownership.

The existence of these three distinct copyrights means that there may be multiple rightsholders whenever a concert is streamed live online.  As a result, securing the necessary rights and clearances may be a challenge.

The Right to Stream a Musical Work

One of the exclusive rights held by a music publisher is the right to publicly perform the musical work. A live stream of a concert is an example of a public performance because it is a transmission of a performance to members of the public capable of receiving that communication.[7]

Most music publishers have granted the licensing rights for public performances of musical works to ASCAP, BMI, and SESAC, entities known as Performance Rights Organizations or PROs.  As a result, the online streaming service must obtain a “new media” license from each of the three PROs in order to secure rights to stream live performances of the musical works online.[8]  The new media license is in addition to any licenses the venue has already obtained from the PROs for public performances of music at the venue.

Typically, when a musical work is used in timed synchronization with video images, the user must obtain an additional license from music publishers; this license is referred to as a synchronization (“synch”) license.[9]  Synch licenses can be expensive and time consuming to obtain.  This is because synch license fees are not set by statute.  Rather, synch fees are negotiated based on a variety of factors making the fees very unpredictable.  Additionally, it is possible for a single song to have multiple songwriters and multiple music publishers, resulting in many hours of negotiations.  Fortunately, as long as the video of the concert performance is streamed live, no synch licenses will be required.  However, content creators and distributors need to be aware that synch licenses will be required if they desire to make videos of the musical performances available to the public after the live stream, whether in archived form, on their website, or for sale or distribution.[10]

The Right to the Artist’s Musical Performance

In addition to clearing the musical work, rights in the musical performance and resulting sound recording must also be cleared.  If a recording artist is signed to an exclusive recording agreement, the record label will typically own the exclusive rights to any recording of the artist’s musical performances during the term of such agreement.  As a result, any person or entity that wishes to capture the live performance of the artist and stream that performance online must secure permission from the record label.  The difficulty in clearing these rights depends on the promotional value the label sees in the live stream as well as the label’s comfort with the quality of such recorded performance.  Furthermore, even if a label grants permission for the live video stream, the label may nonetheless insist on ownership of the audiovisual content captured at the concert.  This clearance process may be significantly simplified when the artist is not signed to a label because the artist can grant all rights without label approval.

If the musicians performing with the artist are independent contractors as opposed to employees or members of the artist’s group, it will be necessary to obtain a “sideman/side musician” release.  Additionally, if the sideman is signed to an exclusive recording agreement, it will be necessary to obtain a release from sideman’s record label.

Additional Rights and Clearances

In addition to the rights and clearances discussed above, there are several other rights and clearances that one must obtain.

1. Location Release

Whenever filming at a venue, one must obtain a venue/location release from the owners and lessors of the applicable venue.  This release grants the right to record at that location and distribute the images captured at that location.  While filming at the venue, it is also important to be aware that if any copyrighted materials (i.e. posters) or trademarks (i.e. logos) appear in the background, a release from the owners of those copyrights or trademarks may also be required.

2. Name and Likeness Release

Recording artists are likely able to claim a right of publicity related to the use of his or her name, photograph, and likeness for commercial purposes.  As a result, it is important to include in any artist release the right to use the artist’s name, photograph, likeness, and biographical materials for marketing, promoting and other exploitations related to the concert/live stream.

3. Audience Release

Finally, if the audience members will be shown on camera, it is important to make the audience aware that they may be filmed.  In most instances it is not possible to obtain a written release from the audience members.  Nonetheless, best practices should include providing audience members notice at the time of ticket purchase, printing that notice on the ticket, and repeating that notice verbally to the audience prior to the taping.

Industry Response to Live Streaming

As mentioned above, live streaming will never replace the live concert experience.  Furthermore, it remains a fairly expensive technology requiring a skilled and experienced audio and audiovisual team to capture and distribute the content.  Additionally, some artists and labels remain apprehensive about a live stream of their performances because of concerns that these performances might not highlight the artist in the best possible light.  Nonetheless, live streaming of concerts creates an opportunity that might not otherwise be available, including: participation of overflow audiences to sold-out shows, interested fans exploring festivals and concerts in order to decide whether to attend in the future, and, as discussed above, a new and invaluable point of music discovery.

If I were still living in South Dakota today, my opportunities to engage in music would be vastly different.  I would have access to live video footage of concerts from around the world.  My point of musical discovery could be the weekly live stream of Music City Roots, or the price of admission to watch the Metropolitan Opera at a movie theatre.  This unprecedented access to live performances will enable artists and venues to connect with fans while building their brand in an authentic way while empowering fans to experience live music with fewer economic and geographic barriers.

 

[1] Marshall Leaffer, Understanding Copyright Law §3.18 (4th ed. 2005).

[2] 17 U.S.C.A. § 101 (West 2010).

[3] Authorship rights may also extend to the producer who is involved creatively in capturing those performances.

[4] 17 U.S.C.A § 101 (West 2010).

[5] A fourth copyright exists in that there will likely be software licenses and web server licenses that must grant the rights necessary for the live stream.  This article will not undertake that analysis, but those licenses will require careful analysis prior to streaming live concerts.  That analysis should consider the rights and obligations of those distributing the content as well as the rights of the rightsholders and the individual music fans consuming the content.

[6] Section 101 of the Act sets forth the formalities of creating a copyright that will be categorized as a work made for hire.

[7] 17 U.S.C.A. § 101 (West 2010).

[8] BMI issues a license through its Digital Licensing Department, and no longer refers to it as a new media license.

[9] Donald Passman, All You Need to Know About the Music Business 241 (7th ed. 2009).

[10] Increasingly, services like YouTube are negotiating blanket synchronization licenses with music publishers, which make the licensing process simpler and more cost effective.  However, those licenses are not within the scope of this article.

 

Bone McAllester Norton Congratulates Leadership Music on 25th Anniversary

Bone McAllester Norton extends congratulations to Leadership Music, which is celebrating its silver anniversary this year. The non-profit educational institution, established in 1989, provides programs designed to further communications and understanding among facets of the entertainment business and to assist established leaders in their roles as decision makers.

Bonelaw’s own entertainment attorney Loren E. Mulraine is a graduate of the class of 2003. And nonprofit Best Lawyer William T. Cheek serves as the organization’s legal counsel.

Leadership Music commemorated this milestone at an anniversary celebration last week for the founding council and all alumni. The event was held at M Street Entertainment Group’s new venue, The Rosewall. M Street is a client of the firm.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

The Tennessean Features More about OneC1TY Campus

A story in today’s The Tennessean sheds more light on the upcoming OneC1TY project, an office and multifamily development near downtown Nashville that will cater to the healthcare, technology and life sciences sectors. C1TYblox, a 12,000-square-foot space featuring food, fitness and event areas, will be made of recycled shipping containers. Bonelaw’s Alcohol Beverage Law team has provided licensing advice to several restaurant and bars who will set up shop in the unique space, including the strictly raw vegetarian food eatery Avo.

Click here to read more.

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Bone McAllester Norton Receives “Best Lawyers” Accolades

Firm Receives “Best Law Firm” Ranking, 14 Attorneys Named The Best Lawyers in America©

Nashville, Tenn.—(August 18, 2014) Nashville-based law firm Bone McAllester Norton PLLC announced today that it is celebrating three separate honors from the 21st edition of The Best Lawyers in America©. More than a dozen of its attorneys have been named to the 2015 list. Two attorneys, Charles Robert Bone and Anne C. Martin, were also chosen as “Lawyer of the Year” in Nashville in their respective practice areas. And the firm itself has been named a “Best Law Firm” in a Tier 1 ranking in the 2015 edition of U.S. News – Best Lawyers “Best Law Firms.”

“Our attorneys are united by their enthusiasm for the law and a relentless dedication to our clients, and I think that is why 14 of our attorneys, as well as the firm overall, have received this recognition,” said Charles W. Bone, founder and chairman of Bone McAllester Norton. “We are grateful to our peers for observing the expertise and passion behind what we do.”

Charles Robert Bone was named Best Lawyers® 2015 Administrative/Regulatory Law “Lawyer of the Year” in Nashville. Anne C. Martin received this distinction for Employment Law—Individuals.

The Bonelaw attorneys listed in The Best Lawyers in America 2015 list are:

    •   Trace Blankenship for the areas of Banking and Finance Law and Non-Profit/Charities Law;
    • •  Charles W. Bone for the area of Administrative/Regulatory Law;
    • •  Charles Robert Bone for the areas of Administrative/Regulatory Law and Business Organizations (including LLCs and Partnerships);
    •   John P. Branham for the area of Personal Injury Litigation—Plaintiffs;
    • •  Larry W. Bridgesmith for the areas of Employment Law—Management and Labor Law—Management;
    •   William T. Cheek III for the areas of Food and Beverage Law and Non-Profit/Charities Law. Will is the only listed lawyer for Food and Beverage Law in Tennessee.
    •   Paul W. Kruse for the areas of Copyright Law and Trademark Law;
    •   Anne C. Martin for the areas of Employment Law—Individuals, Employment Law—Management and Litigation—Labor and Employment;
    • •  Sam J. McAllester III for the areas of Banking and Finance Law and Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law;
    •   C. Michael Norton for the area of Banking and Finance Law;
    • •  Bryan E. Pieper for the area of Employment Law—Individuals;
    •   Jack F. Stringham II for the areas of Banking and Finance Law and Real Estate Law;
    • •  Edward M. Yarbrough for the areas of Criminal Defense: Non-White Collar, Criminal Defense: White-Collar and DUI/DWI Defense;
    • •  and Stephen J. Zralek for the area of Copyright Law.

Bone McAllester Norton received the “Best Law Firms” Tier 1 ranking for Nashville in seven areas:

    • •  Administrative/Regulatory Law;
    • •  Banking and Finance Law;
    • •  Criminal Defense: Non-White Collar;
    • •  DUI/DWI Defense;
    • •  Employment Law—Individuals;
    • •  Employment Law—Management;
    • •  and Personal Injury Litigation—Plaintiffs.


The Best Lawyers in America list for 2015 includes attorneys covering all 50 states and the District of Columbia, and inclusion in this year’s publication is based on more than 4.3 million detailed, confidential evaluations of lawyers by other lawyers. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.”

For more information on Bone McAllester Norton and its attorneys, visit http://www.bonelaw.com/.

 

About Bone McAllester Norton PLLC

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

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Media Contact:

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Family-Owned Distillery Revives Whiskey Business 105 Years Later

Bone McAllester Norton client Green Brier Distillery is producing whiskey once again for the first time since 1909. The great-great-great grandsons of original distillery owner Charles Nelson have reopened the family business in the Marathon Village Facility, and Monday marked the first time in 105 years that the original recipe had been used to make whiskey. Nelson’s distillery was located in Greenbrier, where he produced the only Tennessee whiskey not using wheat. His was one of the largest facilities in the nation in the late 19th century. The family plans to open the distillery to the public in October.

Bonelaw’s Alcoholic Beverage Law practice has provided the licensing advice to the Nelson family for the distillery.

The Tennessean featured this story yesterday. Click here to read more.

 

 

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Will Cheek will Address Current State of Alcohol in Tennessee at LAW Event

Bone McAllester Norton attorney William T. Cheek III has been slated as a panelist at the Lawyers Association for Women (LAW) August membership meeting. “The Current State of the Law of Where You Can Make, Drink and Sell Alcohol in Tennessee” will take place at Tuesday, Aug. 19, at BB King’s Blues Club in downtown Nashville. Joining Will in this panel discussion are Emily Ogden of Grassroots Strategy, LLC; Will Newman of Edley’s Bar-B-Cue and The Filling Station; and Bailey Spaulding of Jackalope Brewing Company. One hour of general CLE credit is available.

Will leads Bonelaw’s Alcoholic Beverage Law Team and provides licensing and regulatory compliance advice to restaurants, hotels, bars, clubs, craft distilleries and breweries. His clients range from small chef-owned restaurants to large publicly traded corporations. He has become nationally known as the go-to source for Tennessee liquor law.

Find out more about this LAW event here.

 

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.

Stephen Zralek Weighs in on Tracy-DesJarlais Race with the Nashville Business Journal

Congressman Scott DesJarlais and state Sen. Jim Tracy are involved in a close victory for Tennessee’s 4th Congressional District seat, and Bone McAllester Norton attorney Stephen J. Zralek, who practices in campaign law, spoke with the Nashville Business Journal today about what to expect if the outcome is challenged.

“A good place for candidates to look when challenging results is absentee ballots,” he said. DesJarlais has a 35-vote lead. Because this was an election in a party primary, a different avenue from what would happen in general elections will take place, should a contest follow.

“The Tracy-DesJarlais election and any contest arising out of that will be governed exclusively by the Tennessee Republican Party’s executive committee.”

Read the full story here.

 

Bone McAllester Norton PLLC is a full-service law firm with 38 attorneys and offices in Nashville and Sumner County, Tennessee. Our attorneys focus on 17 distinct practice areas, providing the wide range of legal services ordinarily required by established and growing businesses and entrepreneurs. Among our practices, we represent clients in business and capital formation, mergers and acquisitions, securities matters, commercial lending and creditors’ rights, commercial real estate and development, governmental regulatory matters, commercial litigation and dispute resolution, intellectual property strategy and enforcement, entertainment and environmental matters. Our client base reflects the firm’s deep understanding and coverage of today’s leading industry and business segments. For more information, visit www.bonelaw.com.