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Tuesday, June 23, 2015

Boyd Faculty, Alumna Featured in May Nevada Lawyer

Several Boyd School of Law faculty and an alumna are featured in the May issue of Nevada Lawyer, the State Bar of Nevada's monthly publication.

Boyd Adjunct Professor Howard Siegel, a senior partner in Pryor Cashman LLP’s Entertainment Group, wrote an article titled, “The Music Industry Comes Full Circle: The Historical Irony and Future Implications of ‘360’ Deals.” In the article, which discusses the history and relevance of 360 agreements, Siegel writes: “The all-encompassing implication of the term ‘360’ might suggest that the label is involved in all of the artist’s income sources, but that is not necessarily the case. …Perhaps the best measure of fairness is this: are the record companies meaningfully contributing their energies and resources to those areas from which they are deriving income? If the labels are passive, and merely taking their cuts as they come in, clearly there is little fairness to the scenario. On the other hand, it is obviously more difficult to argue unfairness in cases where the labels are bringing something of real value to the table. Subjective yardsticks aside, the reality is that today’s music industry is very different from the industry that gave rise to the traditional notions of record deal economics.”

Jennifer Roberts, Boyd adjunct professor and partner in the Las Vegas office of Duane Morris, wrote “A Primer on the Live Entertainment Tax.” In it, she says: “So, what is live entertainment? According to Nevada Revised Statutes Section 368A.090, live entertainment is any ‘activity provided for pleasure, enjoyment, recreation, relaxation, diversion or other similar purpose by a person or persons who are physically present when providing that activity to a patron or group of patrons who are physically present.’ Does this mean Cirque du Soleil? Yes. The PAC-12 basketball tournament? Yes. Watching UFC on TV in the sports book at Red Rock Casino? No. Live entertainment includes singing, dancing, acting, acrobatics, animal stunts, sporting events, comedy or magic acts, and interactive DJing. Background music in restaurants, televised events, dancing or singing by patrons and educational animal presentations are not considered live entertainment.”

Mary LaFrance, Boyd professor and IGT Professor of Intellectual Property Law, educates readers in her article titled “Clearing Rights for Entertainment Projects.” In the article, she says: “Works of entertainment take many forms, including: films, videogames, slot machines, live and recorded music, karaoke devices, dance, comedy, magic and theater. Regardless of form, creating and exploiting an entertainment work frequently requires obtaining clearances for the intellectual property rights embedded in the work. Three categories of rights are especially important in works of entertainment: copyright, trademarks and the right of publicity.”

This month’s “Message from the President,” written by alumna Elana Turner Graham ’10, focused on the State Bar of Nevada’s recent move to new offices.

Boyd School of Law Dean Daniel W. Hamilton and Vice Dean Ngai Pindell wrote the “Dean’s Column: Gaming Law at William S. Boyd School of Law.” The article read: “The Boyd School of Law has long been an institution at the forefront of gaming innovation and legal education, and the addition of our LL.M. program only strengthens our expertise and commitment to leadership in gaming law. Whether through faculty scholarship, the many conferences and lectures sponsored by the law school, or our executive education programs, the Boyd School of Law continually reaches out to the community and the academy, pursuing new initiatives and developing policy in the gaming law arena.”