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Two Events Roll The Rock Industry!

Stephen Wade Nebgen — Fri, 11 May 2012 01:41:38 GMT

TWO EVENTS ROLL

THE ROCK INDUSTRY!!

AUTHOR OF "Y.M.C.A."
GET RIGHTS BACK!!

In recent updates, I have commented on the "Termination Rights" found in Section 203 of the Copyright Code. I had mentioned that if the "Termination Rights" provision was upheld, it could spell the doom of what we consider the classic record company. Well, that day has arrived.

“Y.M.C.A.”, the gay-anthem of the 1970’s, is the first song to have its author regain the rights pursuant to the “Termination Rights” of the Copyright Code.

Pursuant to the Section 203 of the Copyright Code, after a period of 35 years, an author who has granted rights to a third-party in a composition, can give notice to the third-party and regain the rights.

George Willis, the author of “Y.M.C.A.”, gave the required notice and the publishers brought suit to negate the termination provision. The Court dismissed the case brought by the publishers, in effect giving a victory to Mr. Willis.

However, the publishers have indicated they will appeal. Of more interest is the argument about what rights have actually been returned. I will continue to give updates on developments as they happen.

SETTLEMENT ON DIGITAL ROYALTIES!!

The other major development regards the determination of what royalty an artist gets from a “download” of a composition. Most recording agreements will pay a royalty of 12% to the recording artist for every “sale” of the sound recording. Most recording agreements give a royalty of 50% when the sound recording or composition is “licensed”. The dispute centers over whether a download is a “license” (50%) royalty, or a “sale” (12% royalty). As you can obviously see, there is quite a difference between the two royalty rates.

Previously, Eminem won a suit where the court ruled downloads were “licenses”. Another group of artists brought suit against Sony BMG. Sony BMG settled with the artists for $8 million dollars.

Three things are immediately apparent: (i) other artists are going to sue to get their share of the pie; (ii) with the precedent of Eminem, the record companies are going to be reluctant to litigate; and (iii) no matter whether litigated or settled, the record companies are facing another huge financial hit.

I would not be surprised to see a variety of record companies file for bankruptcy protection in the next year or two.

JUDY: THE MUSICAL IS A SUCCESS!

Stephen Wade Nebgen — Tue, 17 May 2011 04:31:00 GMT

Paige O'Hara becomes "Judy"!

We completed our one-week, limited run at the Tempe Center for the Arts and the Show was a huge success! We had over 1,000 people see the production; our comment cards are in the 90% approval range; and, dear to my producer heart, we had very strong box office revenue!

Here are a few photos from the Show!

There is serious interest from a variety of investors and co-producers, including possibilities in New York, Las Vegas, San Francisco, and Toronto.

We are currently editing a DVD of the Show and will have that available in the near future.

We will keep everyone posted!

JUDY: THE MUSICAL - Opens in One Week

Stephen Wade Nebgen — Mon, 11 Apr 2011 04:26:00 GMT

I am very proud to be producing this show!

It has been one of the most rewarding experiences in my theatrical career.

Disney star in presentation of 'Judy Garland' musical

Actress Paige O'Hara, who was the voice of "Belle" in Disney's "Beauty and the Beast" film, will play Judy Garland in “Judy: The Musical – Gumm to Garland” (Judy). Judy will be presented at the Tempe Center for the Arts (TCA), FOR ONE WEEK ONLY, beginning Tuesday, April 19 through Sunday, April 24.

Over forty years after her death, Judy Garland’s remarkable talent continues to attract and enthrall generations of fans. With another career-defining performance, O’Hara reveals the complexity of both the exuberance and the tragedy of Ms. Garland’s life, from her stage debut at age 2½ to her untimely death in 1969. The musical features a wonderful original score blended with certain classics that defined Garland. The production is a powerful and moving look at one of the 20th Century’s greatest entertainers.

“I have loved Judy Garland since the time I was a little kid,” O'Hara says. “She was definitely my role model when I was growing up learning to sing.”

O'Hara will take time off from "Menopause: The Musical" in Las Vegas, where she has played the "Soap Star" at the Luxor for more than seven years. She has also performed on Broadway in "Evita”, “Show Boat”, “Mystery of Edwin Drood”, and “Les Miserables”.

Stephen Wade Nebgen is producing with Richard Sullivan writing the book, lyrics and music, Anne Dean Schindler directing, and Michael Markowski doing the arrangement and orchestrations.

The show will run in the TCA Studio Theater, April 19 through April 23, at 7 p.m., and April 23 and April 24 at 1 p.m. TCA is located at 700 W. Rio Salado Pkwy. in Tempe.

Tickets, ranging from $40 to $55, are on sale by calling 480-350-2822 and at www.tempe.gov/tca.

For further information please contact: Stephen Wade Nebgen (480) 463-3055

snebgen@azentertainmentlaw.com

Facebook: “From Gumm to Garland: Judy The Musical”

www.Judythemusical.com.

ART LINK = MISSING LINK

Stephen Wade Nebgen — Sun, 13 Mar 2011 19:38:00 GMT

ART LINK = MISSING LINK

Claire Lawton, of the New Times, has commented on the grave state of affairs at Art Link. Entitled "Missing Link", the article comments on the sad deterioration of Art Link and the growing disgust of the downtown arts community. Despite repeated requests by the downtown arts community to reform its practices and get back to providing services in a timely manner, Art Link continues to operate in the same dysfunctional way that has lead to its growing irrelevance. There is a palpable sense of outrage in the downtown arts community directed at Art Link's (think Sloane Burwell) continued failure to listen to, let alone respect, the concerns of the gallery owners, studio operators and creative artists.

There will be more on this - this is far from over.

ANNOUNCEMENTS

Stephen Wade Nebgen — Sat, 05 Feb 2011 03:46:00 GMT

TWO ANNOUNCEMENTS

A. Law Course Starts at The Film School at Scottsdale Community College.

"Entertainment Law: A Primer" has begun its inaugural semester and is off to a great start! We have almost a full class (very unusual for a new class), and we added students after the first day of class (generally a class will lose students). I am very excited to be allowed to the teach this course.

Additionally, this course will become part of a study track for those wishing to be producers in the film industry. The Film School at SCC will be one of few film schools in the country that offers such a track!

Other exciting plans at The Film School include the breaking of ground on a new film studio complex and the pairing up with Northern Arizona University to offer a four-year degree in Film Production!

I am proud to be part of such a vibrant Film School!

B. Election as Member-at-Large for the Arizona Production Association (the "APA").

I am also proud to announce that I was recently elected as the Member-at-Large to the Board of Directors (the "Board") for the APA. As the Member-at-Large, I am responsible for bringing the concerns and suggestions of the rank-and-file members to the attention of the Board.

The APA is a non-profit trade organization of Arizona production professionals. The mission of the APA is to promote, encourage and advance the growth of the film, theatre and television industries within the State of Arizona and to improve the status and skills of its members.

It is the largest and most influential statewide group in the entertainment industry and publishes the official production guide for the state of Arizona, both in hard copy and on the web (http://www.azproduction.com/).

JUDY: THE MUSICAL

Stephen Wade Nebgen — Thu, 13 Jan 2011 17:37:00 GMT

Quicksilver Consortium
has been hired by the producers of Judy: The Musical, a new musical about Judy Garland, to provide video production services for the Show! Quicksilver will produce a "behind the scenes" video and also provide video segments for incorporation into the stage production itself. Keep coming back as we will continue to post updates as the Production moves forward!

HAPPY HOLIDAYS (And New Phone Number)

Stephen Wade Nebgen — Fri, 24 Dec 2010 18:19:00 GMT

Best Wishes for a great Holiday and Happy New Year!

Also, please note the new phone number for the Company! (480) 463-3055.

Reminder on Entertainment Law Course at SCC!

Stephen Wade Nebgen — Tue, 21 Dec 2010 01:20:00 GMT

Just a quick reminder that registration has opened at Scottsdale Community College for the Spring Semester and the entertainment law course taught by Stephen Wade Nebgen. The first day of class is Friday, January 21, 2011 from 2:00 p.m. to 4:30 p.m. The first day of class and the second-to-last day of class (for review) are in the classroom. The other class sessions are presented on-line. The combination of flexibilty in taking the course and the information presented makes this a valuable opportunity for both students and those already embarked on their production career!

JUDY: THE MUSICAL - Auditions

Stephen Wade Nebgen — Tue, 14 Dec 2010 04:04:00 GMT

MUSICAL AUDITIONS: JUDY: THE MUSICAL - Auditions will be held at Phoenix Theatre (100 E. McDowell) on January 5 and 6, 2011 from 4:00 p.m. to 8:00 p.m. and call backs on January 7, 2011 from 4:00 p.m. to 8:00 p.m. for a new musical about Judy Garland. The production dates are April 18 through April 24, 2011 at the Tempe Center for the Arts. The musical will star Paige O'Hara (Belle in "Beauty and the Beast" and currently appearing in "Menopause: The Musical" at the Luxor in Las Vegas). The production needs experienced actor/singer/dancers from the age of 16 to 65. Please prepare a 32-bar segment. Be prepared to cold read from the script. Accompaniment will be provided but you may bring your own. PLEASE E-MAIL YOUR HEAD SHOT AND RESUME TO: m@michaelmarkowski.com. A representative of the production will contact you to schedule a time for your audition. Equity actors will be paid pursuant to a Guest Artist Contract and non-equity actors will be paid a stipend.

Gracie's World Book Signing

Stephen Wade Nebgen — Mon, 13 Dec 2010 02:14:00 GMT

My client, Sharon Schmitz, will be signing copies of her book, Gracie's World, on December 18, 2010 from 9:a.m. to 11:00 a.m.

It will be at
Desert Tails Animal Clinic
9619 N. Hayden Road Suite #111
Scottsdale, Arizona 85258

Gracie's World
makes a wonderful Christmas present!

David Spindel - Photographer of John Lennon

Stephen Wade Nebgen — Wed, 17 Nov 2010 18:21:00 GMT

Just finished shooting some "B" Roll for our upcoming interview with David Spindel. David is the last photographer to take photos of John Lennon before he was murdered.

David's photos are going to be featured on the PBS Special, "John Lennon: Life In NYC". the initial airing of the Special will be Monday, November 22, 2010 (In Phoenix, Arizona, the Special airs on Channel 8 at 7:00 p.m.). For those in other parts of the country, check your local listings for the time and station.

ENTERTAINMENT LAW OVERVIEW COURSE AT SCC

Stephen Wade Nebgen — Wed, 08 Sep 2010 17:40:00 GMT

I am very proud and excited to announce that I will be teaching an on-line course on Entertainment Law through Scottsdale Community College! The course will begin in the Spring Semester with classes to begin in January of 2011. The course will give an invaluable overview of Entertainment Law and the issues that confront young filmmakers.

ARE ONIONS THE FUTURE OF HOLLYWOOD IN THE "FUTURES" MARKET?

Stephen Wade Nebgen — Mon, 23 Aug 2010 23:42:00 GMT

In a recent New York Times article, "Trading in Fantasy", Felix Salmon wonders whether the recent fate of ONIONS could portend the future of Hollywood.1 Hollywood is hoping to gain an exemption in the "futures" market for the motion picture industry. But what the heck do onions have to do with the entertainment industry? Here's how - the "futures" market deals with commodities: corn, oranges, onions. It is used to "hedge" risk and manage loss; it also helps to control prices. Onion farmers were upset by low prices. The farmers argued for an exception in the "futures" market. The result was not steady, higher-prices. Instead, "onion prices remain extremely volatile: they doubled in 2008, and then fell by 25 percent in 2009."1

The Commodity Futures Trading Commission recently approved a plan to allow trading futures contracts based upon box-office revenue.2 Media Derivatives Inc. will be allowed to offer futures and option contracts based on the box-office revenue of the film "Takers". Hollywood, almost reflexively, continues to fight back. It wants to add to the clause that excepted onions ("except onions") to now read "except onions and motion picture box office receipts".

The Motion Picture Association of America argues that "the new market could (i) tarnish 'the reputation of our industry' and (ii) would constitute 'unbridled gambling. . . .'" What industry are they referring too? The industry is a self-caricature of itself (e.g., Sunset Boulevard; The Day of the Locust; Sweet Smell of Success; The Player). Regarding "gambling" - I hear Captain Renault shouting "shocked, shocked to find out that gambling is going on here!" Every picture that is "green lit" and enters the market is a gamble!

Mr. Salmon points to Lionsgate Films as an studio that has understood the advantages regarding managing risk and loss through these type of contracts and what that can bring to the bottom line. Mr. Salmon also points out the economic benefits from a simple, regulated, market.

Please keep on eye out as we will continue to post updates on this issue.

1 "Trading in Fantasy", Felix Salmon, New York Times, Monday, May 10, 2010, OP-Ed Pg.

2 "Trading Film Futures Contracts Approved", Michael Cieply, New York Times, Tuesday, June 15, 2010, B-3.

Welcome to the ShowBiz AZ Blog

Stephen Wade Nebgen — Sat, 24 Jul 2010 22:44:00 GMT

Welcome to the blog of ShowBiz AZ! Please feel free to make comments on content and segments, including suggestions for a segment!

Welcome

Stephen Wade Nebgen — Thu, 27 May 2010 23:31:53 GMT

Welcome to my blog. Please check back soon for new entries.