Alter, Kendrick & Baron is a New York based law practice with a focus on domestic and international copyright law as it pertains to the music industry as well as complex transactions involving significant music assets.
Complex Acquisition and Sale Transactions
Our firm provides services in connection with a broad range of transactional work in the music publishing industry on behalf of independent and major music publishers and their equity partners. Our services include negotiating, drafting and implementing transactions involving the acquisition and sale of substantial music catalogs, as well as music publishing agreements, administration agreements and foreign sub-publishing contracts. We counsel our clients on matters related to the administration and licensing of rights both with respect to traditional media as well as in the ever-evolving digital arena.
In addition to advising corporate entities, our clients include a significant number of prominent songwriters, composers, recording artists and music estates. We consult and advise in virtually all genres of music including pop, rock, jazz, blues, musical theater, classical and opera. We counsel our individual clients on a wide variety of matters, including the administration and licensing of their works in traditional and new media, and represent their interests in the negotiating and closing of asset purchase agreements, music publishing and administration agreements and recording and distribution agreements.
Copyright Due Diligence
We are highly regarded in the industry for our work in connection with in-depth copyright due diligence on behalf of both corporate and individual clients. In this regard, we analyze historical, current and future ownership interests, opportunities for recapturing rights (including pursuant to the termination of transfer provisions of the U.S. Copyright Act) and potential vulnerability to competing claims.
Termination of Transfers and Recapture of Copyrights
The termination provisions of the U.S. Copyright Act afford songwriters, composers, artists and other authors the opportunity to terminate grants of rights in their works, even if those grants were made in perpetuity. However, the termination provisions are both complicated and time sensitive, and if notice of termination is not served in a timely and proper manner this opportunity may be lost forever. Our attorneys are highly regarded for their expertise in conducting in-depth copyright termination analyses for songwriters, composers, recording artists, authors, and music publishers. Our experience extends to both the termination of pre-1978 grants in accordance with Section 304(c) of the U.S. Copyright Act (the “56 Year Termination Right”), and the termination of grants made by the author on or after January 1, 1978 pursuant to Section 203 of the U.S. Copyright Act (the “35 Year Termination Right”). We have assisted countless songwriters and artists in the recapture of their compositions and masters, and prepare comprehensive copyright due diligence reports for music publishers which highlight the implications of the termination provisions on the value of potential transactions.