Music and Film Licensing in the Current Digital Environment
Exclusive Interview withMarc Jacobson, Marc Jacobson, P.C.
Posted by LegalMinds Editor on January 7, 2010 · Leave a Comment

The growth of technology has had a significant impact on most every facet of the entertainment industry. According to Marc Jacobson, who concentrates his practice in media and entertainment, this is most evident in the music business, where unit sales, revenues and jobs have been reduced by an astonishing 50% since 2001.
But Jacobson is also quick to point out that music is consumed — listened to, played, streamed, downloaded and copies made — more than ever before.
In this exclusive video interview with LegalMindsTV, he discusses how changes in technology have led to a profound shift in the entertainment industry and how constantly-evolving business models are struggling to compete in a landscape dominated by Apple NASDAQ:AAPL iTunes, which accounts for 69% of all digital music sales and 25% of all music sold, and Amazon NASDAQ:AMZN, which is a distant second with 8% of the digital market.
CONTINUE READING SUMMARY (Click to Expand/Collapse)
Jacobson believes that the film industry has fared better because they’ve learned from the mistakes of the music industry. In terms of creating content, film makers also benefit from advantageous financing structures since many cities and states – as well as the federal government – recognize that filmmaking is an “environmentally-friendly jobs creator” and have provided tax benefits for film producers.
Regardless of the challenges, Jacobson feels it’s very important to look at 2010 as a clean slate and that an opportunity exists to create high quality music and film offerings – with and without the internet. “They key is to make sure you have a business plan that makes sense, enough capital to withstand the peaks and valleys, and a long-term vision.” He adds, “it’s no longer like it was in the dot-com boom of ten years ago.”
View and download a PDF transcript of the full interview here.
Note: At the time this interview was recorded, Marc Jacobson was Of Counsel at Greenberg Traurig LLP
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ATTORNEY INFORMATION


Marc Jacobson
Marc Jacobson, P.C.
Marc Jacobson has significant experience in the entertainment and Internet industries. He currently advises many clients on the business and intellectual property issues faced by entertainment businesses in the digital age. This includes advice regarding the creation, development, and exploitation of intellectual property rights in internet-based content as well as film, television, video, music and theatrical properties. Marc also advises companies on business and financing strategies in connection with such properties.
As a result of Marc’s broad business and legal background, he is an advisor to a diverse group of individuals and companies in connection with production, licensing, financing, recording, distributing, publishing, joint venture, personal service and related contracts. He handles the purchase and sale of music publishing catalogs, and the financing, production, and distribution of filmed entertainment. Marc is also well known for his experience with regard to the approval and disaffirmance of minors’ contracts. Additionally, as the former General Counsel, Chief Financial Officer and SVP of Public Policy for a major online service, Marc was a principal draftsman of the US Digital Millennium Copyright Act. He is also the founding Chairman of the New York State Bar Association Section on Entertainment, Arts and Sports Law.
Admissions:
California
Florida
New York
U.S. Court of Appeals, Second Circuit
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of New York
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of New York
Supreme Court of the United States
Education:
J.D., New York University School of Law; Moot Court Board
B.A., magna cum laude, State University of New York at Buffalo; Phi Beta Kappa
Contact:
488 Madison Avenue
10th Floor
New York, NY 10022
212-705-4899
marc@marcjacobson.com
To see a full bio, visit: http://marcjacobson.com
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The U.S. Digital Millenium Copyright Act in 2001: An Overview and a Personal Perspective (1/1/02)
FIRM INFORMATION
Marc Jacobson, P.C. currently advises clients on the business and intellectual property issues faced by entertainment businesses in the digital age. This includes matters relating to the creation, development and exploitation of intellectual property rights in internet-based content as well as film television, video, music and theatrical properties. Marc also advises companies on business and financing strategies in connection with such properties.
For additional information, visit: http://www.marcjacobson.com
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