Practice Capabilities
Loeb & Loeb's Music Industry Group has been long recognized as a leader in an industry that is rapidly changing because of the convergence of technology and content. Our experience and expertise is different from other law firms, in that our clients range from some of the world's largest music companies and some of the most successful talent (recording, performing, writing and producing) to major financial institutions, private equity investors and leading technology companies. We offer our clients sophisticated yet practical specialized service and a music industry-centric focus that is unparalleled in depth and scope.
In today's technology-driven marketplace, we have been at the forefront of structuring and negotiating a significant number of the earliest agreements for ring tones, digital downloading, digital content, aggregations, P2P distribution, all forms of API licensing and Web casting.
The depth of our practice extends to finance and lending, areas in which our attorneys assist music industry clients in shaping capital structures and raising debt and equity capital. We handle a large number of entertainment and media mergers and acquisitions matters, including intellectual property due diligence; industry specific valuations; and other matters related to the merger, acquisition, or sale of entertainment assets or companies.
In addition, Loeb & Loeb is different from most other law firms because of its ability to bridge the depth and breadth of our music industry knowledge with our advertising and promotion experience, which we bring to our extensive representation of major advertisers, advertising agencies and music companies and/or artists in first-of-its-kind, high profile endorsement and sponsorship agreements.
We also have extensive experience in the formation and development of production companies, record labels and publishing and licensing companies. We also represent motion picture and television producers in the acquisition and production of music for film, television, video programs and theatrical productions. Additionally, our Music Industry Group works hand in glove with our Interactive Entertainment Group with respect to a wide array of videogame and other interactive media projects.
Our experience includes negotiating, evaluating and documenting
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domestic and international record distribution agreements;
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recording agreements;
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songwriting and publishing agreements;
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merchandising and touring agreements;
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commercial appearances, endorsements, and sponsorships;
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intra-group agreements for recording artists and business structures;
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film and television music supervisor, music composer and soundtrack album agreements;
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music licensing agreements;
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agency and management representation agreements;
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record producer agreements;
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music and sampling clearances;
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advertising, promotions, and branding; and
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new media and technology.
We handle a wide range of music industry transactions, including valuation, acquisitions and sales of recording and publishing catalogs, as well as the administration and licensing of such catalogs. Over the past few years, Loeb & Loeb has handled the sales of music catalogs in deals aggregating well over $6 billion and has been involved in acquisitions totaling a similar number.
Service Approach
Because of our longevity and entrenchment in the industry, we have experience and expertise in representing every side of a deal. We bring a three-dimensional understanding to each client matter. We have also earned credibility among industry leaders, which allows us to engage in decision-level dialogue and to resolve matters efficiently and effectively.
Our group understands that there is more to the industry than just recording deals. We also combine our deep bench of talent from our intellectual property, litigation, corporate, tax, finance, private equity and mergers and acquisitions groups to provide a wide range of services for our clients. Examples include the following:
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We represented Warner Music Group in preparations for the $3.3 billion sale of the company, as well as in the sales process itself.
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We represented iconic composer Marvin Hamlisch in the sale of his music publishing catalog and related intellectual property, including his interests in “A Chorus Line.”
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We represented Imagem Music Group, the world's largest independent music publisher, in its acquisition of the Rodgers & Hammerstein catalog of musicals and songs, as well as The Rodgers & Hammerstein Organization which represents more than 12,000 songs, 900 concert works and some of American theatre’s most iconic works (South Pacific, Oklahoma, among others).
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We advised ARC Music Corporation in its sale to Fuji Entertainment America, Inc. for an undisclosed amount.
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We represented Univision Communications in the sale of their music recording and publishing businesses for $153 million to Universal Music Group.
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We advised Windswept Music Holdings, one of the world’s most successful independent music publishers, on its acquisition by Bug Music, Inc.
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We represented Bertelsmann AG in their sale of BMG Music Publishing for EUR1.63 billion (approximately US$2.09 billion) to winning bidders, Vivendi and its subsidiary Universal Music Group.
- In the $2.6 billion acquisition of Warner Music Group, we represented the investors Edgar Bronfman, Jr.; Thomas H. Lee Partners; Bain Capital; and Providence Equity Partners group, and served as IP and trademark counsel and advisor with regard to recording industry matters.
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On behalf of Yahoo!, we negotiated and documented a transaction with Harmony Digital Media for the sale of prepaid song cards by nonprofit organizations.
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We have a deep history of representing innovative companies in cutting edge licensing arrangements, including SightSound Technologies, Intertainer, Yourmobile, Premium Wireless Services, SNOCAP, Catch Media, VEVO, TuneWiki, Rednote and Music Mastermind.
Clients and Industries
We represent a vast and diverse range of music and recording industry clients, including major and independent record and music publishing companies; some of the world's foremost recording artists, songwriters, performers, producers, and music supervisors; personal managers, business managers, talent agencies, and concert promoters; and general entertainment companies, as well many of the Fortune 200 companies that interface with the music industry. Our clients include the following:
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- Adam Anders/Anders Music, Inc.
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- The Rodgers & Hammerstein Organization
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- Fuji Entertainment America
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Leadership in Law
Loeb & Loeb’s Music Industry Group has been nationally recognized for excellence by leading law firm directories and industry trade publications. The Group received top tier rankings in the annual Chambers USA Guide and U.S. News Media Group/Best Lawyers – “Best Law Firms” list. Chambers and Partners also honored Loeb & Loeb with its prestigious Award for Excellence in Media, and praised the firm for its “powerful reputation in the music business” and “extraordinary experience and understanding of the industry and its key players.” Chambers went on to call John Frankenheimer, chair of Loeb & Loeb’s Music Industry Group, “a giant in the music arena.”
Loeb & Loeb’s Music Industry Group is closely involved in the industry, giving frequent speeches and presentations, leading panel discussions and supporting events. The following are just a few of the organizations and events in which we are active:
- Annual Billboard Music and Money Symposium
- California Copyright Society
- New York State C.P.A./Entertainment Forum
- UCLA School of Law Entertainment Symposium
- City of Hope's Music and Entertainment Industry Chapter
- National Academy of Recording Arts and Sciences
- Black Entertainment and Sports Lawyers Association
- Leadership Music
- USC Gould School of Law Institute on Entertainment Law and Business
In addition, Mr. Frankenheimer is a founding member of the Advisory Board of the Entertainment Law Initiative, the legal forum sponsored by NARAS (National Academy of Recording Arts and Sciences). Following his service as chairman from 2002-2004, he remains an active member of the board.